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

Vol. 148 WASHINGTON, TUESDAY, JUNE 18, 2002 No. 81 House of Representatives The House met at 10:30 a.m. and was The SPEAKER pro tempore. The gen- ing is because of my concern about the called to order by the Speaker pro tem- tleman from New Jersey has the floor Republican leadership effort to bring pore (Mr. PENCE). for 5 minutes and may yield. up their prescription drug bill today in f f the Committee on Energy and Com- merce and in the Committee on Ways DESIGNATION OF SPEAKER PRO GOP PRESCRIPTION DRUG PLAN and Means. I have said many times TEMPORE The SPEAKER pro tempore. Pursu- that I am glad that the Republican The SPEAKER pro tempore laid be- ant to the order of the House of Janu- leadership is finally willing to bring up fore the House the following commu- ary 23, 2002, the gentleman from New a bill; however, it is quite clear that nication from the Speaker: Jersey (Mr. PALLONE) is recognized their legislation does nothing more during morning hour debates for 5 min- WASHINGTON, DC, than throw some money to private in- June 18, 2002. utes. surance companies in the hope that I hereby appoint the Honorable MIKE Mr. PALLONE. Mr. Speaker, I yield they will provide some sort of prescrip- PENCE to act as Speaker pro tempore on this to the gentlewoman from Florida (Ms. tion drug benefit. And I am very con- day. ROS-LEHTINEN). cerned that, unlike the Democratic J. DENNIS HASTERT, RECOGNITION OF ANTHONY ZECCA proposal which provides for a guaran- Speaker of the House of Representatives. Ms. ROS-LEHTINEN. Mr. Speaker, I teed Medicare benefit, 80 percent of f thank the gentleman from New Jersey which is being paid for by the Federal MORNING HOUR DEBATES for his kindness in yielding. Government, and which brings down I would like to recognize Anthony costs by giving the power to the Sec- The SPEAKER pro tempore. Pursu- Zecca on his retirement as chief of po- retary of the Department of Health and ant to the order of the House of Janu- lice for the Miccosukee Tribe of Indi- Human Services to have 30 or 40 mil- ary 23, 2002, the Chair will now recog- ans. Chief Zecca has been a pillar of lion seniors who can now negotiate nize Members from lists submitted by strength and trust for his community lower drug prices, this is what we need. the majority and minority leaders for and has provided assistance and protec- Democrats are proposing a Medicare morning hour debates. The Chair will tion for all. His leadership as a law en- benefit, a guaranteed benefit, 80 per- alternate recognition between the par- forcement officer over the last 45 years cent paid for by the Federal Govern- ties, with each party limited to not to has earned him respect and admiration ment, just like what we have now for exceed 30 minutes, and each Member, from his community. part B of Medicare that covers your except the majority leader, the minor- Chief Zecca began his career as a po- doctor bills. ity leader, or the minority whip, lim- lice officer with the New York Police What the Republicans are proposing ited to not to exceed 5 minutes. Department and came to the and bringing up in committee today The Chair recognizes the gentleman Miccosukee Tribe in 1976. Within a year and tomorrow is a sham. It is nothing from New Jersey (Mr. PALLONE) for 5 he was promoted to lieutenant and was more than an effort to try to convince minutes. appointed chief of police in 1978. the American people that somehow f Please join me in recognizing Chief they are going to provide a benefit that Anthony G. Zecca for the commendable will not exist. It is illusory because it REQUEST TO ADDRESS THE HOUSE service he has provided and for his is nothing more than giving money to FOR ONE MINUTE commitment to the south Florida com- private insurance companies without Mr. PALLONE. Mr. Speaker, the gen- munity. And I thank the gentleman any guaranteed benefit, without any tlewoman from Florida would like to from New Jersey (Mr. PALLONE), and I Medicare benefit, and without any cost ask unanimous consent to do a 1- know that he knows the Miccosukee control. minute. Tribe very well and knows Chief Zecca. But I have said over and over again The SPEAKER pro tempore. The Mr. PALLONE. Mr. Speaker, I thank that Members do not have to take my Chair cannot entertain a 1-minute re- the gentlewoman from Florida (Ms. word for it. In the last few weeks, com- quest at this time. ROS-LEHTINEN). I met the chief on one mentators in the New York Times and Ms. ROS-LEHTINEN. Could I ask the occasion when I went down there with various media around the country have gentleman to yield a minute of his the gentlewoman’s husband, and he is pointed out rather dramatically that time? really an outstanding individual. the Republican proposal will not work, Mr. PALLONE. Can she not take 5 Let me say, Mr. Speaker, that the that it is designed for failure, and if I minutes ahead of me? reason that I am in the well this morn- could just use a couple of quotes to

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

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VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.000 pfrm09 PsN: H18PT1 H3606 CONGRESSIONAL RECORD — HOUSE June 18, 2002 point that out, in Sunday’s New York RECOGNITION OF TEACHERS OF Over the years, the United States has Times there was an article by Robert THE YEAR rightly entered into tax treaties with Pear, and it says, and I want to quote The SPEAKER pro tempore. Pursu- countries around the world to avoid a few sections, under the Republican ant to the order of the House of Janu- taxing the same income twice for their proposal, ‘‘Medicare would pay sub- ary 23, 2002, the gentleman from Texas businesses, as well as for ours. These sidies to private entities to offer insur- (Mr. SAM JOHNSON) is recognized during treaties are so broadly worded, how- ance covering the costs of prescription morning hour debates for 5 minutes. ever, that some corporations can ex- drugs. Such ‘drug only’ insurance does Mr. SAM JOHNSON of Texas. Mr. ploit them to evade taxes not just on not exist and many private insurers Speaker, I hate to hear them talking their foreign earnings, but on what doubt whether they could offer it at an about drugs this early in the morning, they earn right here at home. affordable price.’’ because the Republican plan will work. These corporations use gaps in the A quote: ‘‘I am very skeptical that We believe in democracy and free en- tax treaties to shift U.S. earnings ‘drug only’ private plans would de- terprise, and that is how it is going to abroad to countries like the Barbados velop,’’ said Bill Gradison, a former work. or Luxembourg that impose little or no Congressman who was president of the Mr. Speaker, we have good teachers tax. This income vanishing act occurs Health Insurance Association of Amer- and we have great teachers, and it is an through the creation of affiliated for- ica from 1993 to 1998. honor to bring to my colleagues’ atten- eign shell corporations that make The insurance companies themselves tion distinguished teachers from the high-interest loans or obtain hefty roy- are telling the Republican leadership Third Congressional District of Texas. alty fees from the American compa- that these drug-only policies will not I am pleased to recognize these recipi- nies. To stop this abuse, today I am intro- work. They will not be offered. It is a ents of the Teacher of the Year Award, ducing the ‘‘No Tax Breaks for Cor- hoax on the American people and on who enable our students to understand porations Renouncing America Act.’’ our seniors to suggest that somehow and learn from each other and strive to This abuse results from the broad way this Republican bill is going to provide achieve their goals. in which our tax treaties test foreign a benefit. It will not provide a benefit. Great teachers nurture our country’s ownership and residency. Before Nobody is even going to offer the ben- best hope for tomorrow: our children. globalization, one could assume that a efit. Children may be a fraction of our soci- company with stock listed on the stock Today in the New York Times, an ety, but they are 100 percent of our fu- exchange was a company from one of opinion piece by Paul Krugman, who is ture. The perseverance and dedication the countries with which it was listed, a regular contributor to the New York of our teachers challenge and shape but that is no longer the case. My leg- Times, says essentially the same thing. students to dream, to work, to make islation, by narrowing the provision, I just want to quote a couple of sec- those dreams come true. ensures that tax treaties are used only tions. Unfortunately, educators work with for their intended beneficiaries, not for He says, ‘‘The theory of the Repub- little public thanks or appreciation, those corporations whose phony claim lican bill is that competition among even though top-notch teachers are es- to foreign citizenship is based on little private insurance providers would sential to a strong future. These dedi- more than a new mailbox. cated educators in particular go be- somehow lead to lower costs. In fact, By exploiting the tax treaty loop- yond the call of duty and selflessly the almost certain result would be an hole, companies who renounce their make our children and our country a embarrassing fiasco because the sub- U.S. citizenship are reaping a windfall. better place. sidy would have few, if any, takers. Corporate freeloaders are taking trea- It is my distinct honor to present the The trouble with drug insurance from a ties designed to eliminate double tax- teachers of the year from Garland, private insurer’s point of view is that ation and are using them instead to Texas, and Richardson, Texas: some people have much higher drug ex- eliminate all taxation on some of their In Garland Independent School Dis- penses than the average, while others income. have expenses that are much lower, trict, the teacher of the year is Carol These corporate ‘‘ex-patriots’’ are se- and both sets of people know who they Clark. lective in waving the Star-Spangled are. This means that any company that In Richardson Independent School Banner. Yes, they want to be American tries to offer drug insurance will find District, the teachers of the year are to enjoy the protection of our Armed that it tries to offer a plan whose pre- Betty Jackson and Kari Gilbertson. Forces, the protection and reliability miums reflect average drug costs. The As the highest-ranking Texan on the of our courts, and to seek business only takers will be those who have Committee on Education and the from the Federal Government; but above-average drug costs.’’ Workforce, I know firsthand the impor- when it comes time to pay, to pay their What Krugman is saying here and tance of a quality education. However, fair share to keep America strong, Old what others are saying is that no insur- it is outstanding teachers like these Glory suddenly comes down the flag- ance company is going to provide this who strive for excellence. I thank these pole, and they claim they are for- insurance, because the only person hometown heroes and excellent edu- eigners. that would take it would be someone cators for all they do for Garland, for These fair-weather friends choose to who has extremely high drug costs, and Richardson, for our children, for Amer- wrap themselves in the flag when that they cannot operate an insurance sys- ica, and for freedom. God bless them. is convenient, and renounce the flag tem that way. I do not want to get into f and say they are foreigners and wrap all the details, but the bottom line is themselves in a tax treaty when that is that we are getting this uniform cho- NO TAX BREAKS FOR CORPORA- convenient; we have to put a stop to rus around the country telling us that TIONS RENOUNCING AMERICA that. It is time to end the practice of the Republican proposal to simply pro- ACT them sending Uncle Sam a postcard vide money to private insurers will not The SPEAKER pro tempore. Pursu- that says, ‘‘Sorry, you can find me in work. ant to the order of the House of Janu- Barbados, glad you are not here.’’ What are the Republicans going to ary 23, 2002, the gentleman from Texas American executives who want to do? They know this is not going to (Mr. DOGGETT) is recognized during evade U.S. taxes on U.S. income by work. They are going to try to shove it morning hour debates for 5 minutes. moving their mailbox to an island and down the throats of the Congress in Mr. DOGGETT. Mr. Speaker, Sep- hold beachside board meetings, are en- committee tomorrow or the next day, tember 11 really brought out the best titled to a tan, not a tax break. and bring it to the floor next week. in Americans when all of us are con- Take companies like Cooper Indus- They know it will not work, so what tinuing to be asked to sacrifice some tries and Stanley Tools. They make they are doing is use the pharma- for our country, and some have sac- tools, shovels, and the like; but we ceutical drug companies to spend mil- rificed their all. Unfortunately, certain might think that when Stanley says it lions of dollars on advertising to say it of our multinational corporations are is making something great, it had in is a good proposal, and it is not. offering less, indeed, much less. mind beach tools like this from its new

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.004 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3607 residency. The way that they are oper- warded if they break up the marriage should let the marriage tax penalty ating inspired one of my neighbors and are living as two single people. come back because we can spend that down in Austin to note that Stanley We in the House Republican majority money here in Washington on some- Works ought to be called ‘‘Stanley felt all along that was wrong. It is thing else. Well, $1,150 in Washington is Flees,’’ because it has fled Old Glory wrong under our Tax Code that we pun- a drop in the bucket; but for Jose and and America. ish marriage. While President Clinton Magdelene Castillo, the marriage tax A vote for the bill that I am intro- was in office, we passed legislation out penalty, $1,150, is real money, just like ducing today will send the executives a of the House and Senate, sent a stand- it is for 36 million married working message: They can play all they want alone bill to the President, President couples all over America. on the beach to avoid taxes, but Con- Clinton; and unfortunately, he vetoed The House has passed legislation now gress will not put its head in the sand. our effort to eliminate the marriage to eliminate the marriage tax penalty. They can have fun in the sun, but Con- tax penalty. Fortunately, this past My hope is that Republicans and gress refuses to let the rest of us, year, we had a President come into of- Democrats in the House and Senate Americans who are working hard to fice, George W. Bush, who agreed that will come together and make this a pri- pay our taxes, get burned by having to it is time to stop punishing society’s ority to permanently eliminate the pay their taxes also. It is the American most basic institution, and this past marriage tax penalty. We have done it taxpayer who gets hammered when year President Bush signed into law here in the House. My hope is the en- Stanley Works or one of these other part of what we call the Bush tax cut tire Congress can do it together in a bi- companies heads off to foreign shores legislation, which wipes out the mar- partisan way and we can get on Presi- and does not pay its fair share for our riage tax penalty; and it is estimated dent Bush’s desk this fall legislation to increased national security needs. that 43 million married working cou- permanently eliminate the marriage And remember, allowing a few unpa- ples will receive marriage tax relief as tax penalty. triotic corporations to exploit this a result of the legislation that was loophole gives them a competitive ad- signed into law last year. f vantage over the many American cor- Unfortunately, because of an archaic BUMFIGHTS porations that stay and pay their fair rule over in the other body, that provi- share and are competitors with those sion had to be temporary, which means The SPEAKER pro tempore. Pursu- who leave our shores. it expires in a few years; and unless the ant to the order of the House of Janu- House and Senate do something, the ary 23, 2002, the gentleman from Or- b 1045 marriage tax penalty will come back. I egon (Mr. BLUMENAUER) is recognized Freedom is not free. Corporate free am proud to say that this past week during morning hour debates for 5 min- loaders, Uncle Sam wants you, wants the House of Representatives passed utes. you to pay your fair share to support overwhelmingly, with the vote of every Mr. BLUMENAUER. Mr. Speaker, America. House Republican plus 60 Democrats, one of the most troubling problems for I encourage my colleagues to join we passed overwhelmingly with a our communities facing the struggle with me in supporting the ‘‘No Tax strong bipartisan vote an effort which for liability deals with our homeless Breaks for Corporations that Renounce wipes out the marriage tax penalty population. The problem of homeless- America,’’ act so we can really ensure permanently. ness, if not worse today, is certainly equity and fairness in our tax system My hope is the other body will take more complex. As a result of deinstitu- and put an end to those who are aban- that up and that the House and Senate tionalization, many of these people doning us through reliance on provi- will quickly move that legislation now live on the streets; and one of the sions in these tax treaties that were through, get it on the President’s desk, most serious consequences is violence never intended for the purpose for and permanently eliminate the mar- against the homeless. which they are now being exploited. riage tax penalty. Stories of the abuse of homeless and f It has been noted to me, according to the mentally ill are appearing with the Congressional Budget Office, that stark and frightening regularity, set- ELIMINATION OF MARRIAGE TAX unless we permanently eliminate the ting a homeless woman on fire, random PENALTY marriage tax penalty that when this beatings, even murders. We know last The SPEAKER pro tempore (Mr. temporary provision expires, that 36 year there were 18 murders and dozens PENCE). Pursuant to the order of the million married working couples on av- of assaults on the homeless. House of January 23, 2002, the gen- erage will see a total tax increase of al- These are the stories that were re- tleman from Illinois (Mr. WELLER) is most $42 billion. Think about that. Un- ported to the authorities and found recognized during morning hour de- less we make permanent our legisla- their way into the media. Because of bates for 5 minutes. tion to eliminate the marriage tax pen- the hidden, often forgotten, world Mr. WELLER. Mr. Speaker, often alty, we will see a $42 billion increase these people inhabit, we know that in- over the last several years, many of us of taxes on marriage, and that is cidents are underreported and that the have asked a very fundamental ques- wrong. known violence is just the tip of the tion, that is, is it right, is it fair, that I think a couple back in the district iceberg. under our Tax Code that millions of I represent in the south suburbs, Jose I have been appalled at the people married working couples pay on aver- and Magdalena Castillo, a young cou- who would not just avoid helping but age about $1,700 in higher taxes just be- ple, they work hard. They have two actually are seeking to exploit the cause they are married. children, Eduardo and Carolina. They homeless, and the worst example I have Over the last several years, we in the suffered, prior to the Bush tax cut seen is a recent video entitled House Republican majority have been being signed into law, $1,150 marriage ‘‘Bumfights’’ that films the abuse and working to eliminate what we call the tax penalty; and thanks to the efforts violence against the homeless. marriage tax penalty where under our of this House, to the House Republican ‘‘Bumfights,’’ the brain child of two re- Tax Code, married working couples majority, to President Bush, we elimi- cent graduates of the University of who are husband and wife are both in nated their marriage tax penalty. For California and USC film schools, sets a the workforce, pay higher taxes, and Jose and Magdalena Castillo, $1,150 is new standard for the cruel exploitation the way the marriage tax penalty several months of car payments, sev- of damaged human beings. In less than works is when someone is married, hus- eral months of day care for Eduardo a month, these people have sold 10,000 band and wife are both in the work- and Carolina, a significant portion of copies of a video depicting homeless force, they combine their income, they tuition at Joliet Junior College. It is a men assaulting each other on the file jointly. That has always pushed down payment on a car. It is a big streets of Las Vegas. married working couples into a higher chunk of savings for their children’s A vagrant struggles to escape the tax bracket. Really, it is a financial college education; $1,150 is real money. punishing punches, kicks and body disadvantage. A couple is punished if There are some here that say we slams of his attacker. Another scene they get married and essentially re- should let that legislation expire. We with a man standing in a dark alley,

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.006 pfrm09 PsN: H18PT1 H3608 CONGRESSIONAL RECORD — HOUSE June 18, 2002 hitting himself on the head as he real- no specific law that authorizes them to end up better than those that do not. ized that his hair is on fire. A pur- investigate this activity, then perhaps And what we have been tending to do ported crack addict smoking the drug we should enact one. for the last 40 years is increase taxes and defecating on the sidewalk, and A Congress that will push the con- for those who succeed and redistribute then there are films of a homeless man stitutional limits on fighting pornog- wealth. So we tax at a higher rate ev- extracting his own teeth with a pair of raphy and that will appropriately out- erybody that is willing to take a sec- pliers. law crush videos that depict the tor- ond job or earn and save and invest, A segment entitled ‘‘Bumhunter’’ ture of animals should do no less for and, we now tax them when they die. parodies television’s Crocodile Hunter, our fellow human beings. This violence How much do we tax before we start with a man in safari clothing binding, against the homeless is not just a to take away that incentive to save, to gagging and measuring and marking crime against them. It is an assault work harder, to invest? various homeless men on the streets of against us all. We should do all we can b 1100 Las Vegas before releasing them to to stop this outrage and punish those their national habitat. These sad, pa- who would torture, degrade and exploit We are having a problem now encour- thetic images are described as hilar- some of our most vulnerable citizens. aging small business to take the risk because of high taxes to pay for big iously shocking. I call it criminal. f They say it is voluntary, since they government. reward the men with food, clothing, HOW BIG SHOULD FEDERAL I would encourage my colleagues to shelter and small change. I charge GOVERNMENT BE look at my joint resolution, which is them of preying on the despair of those The SPEAKER pro tempore. Pursu- H.J. Res. 99, that provides we keep without the basic necessities to sustain ant to the order of the House of Janu- budget spending a constant percent of life or the facilities to cope. Who ary 23, 2002, the gentleman from Michi- GDP, and let the budget increase as the among us would willingly be filmed ex- gan (Mr. SMITH) is recognized during GDP, gross domestic product, in- tracting our teeth with a pair of pliers? morning hour debates for 5 minutes. creases. Of course, the film makers are already Mr. SMITH of Michigan. Mr. Speak- There has to be some limitation. We planning a sequel. er, passing on to my colleagues and the have proposals for a balanced budget. When I read about this video, I was American people a predicament that That is fine and good, but if we decide appalled. Not surprisingly, it was pro- Congress is now facing related to simply to increase taxes or increase moted on Howard Stern’s television spending. How big should the Federal borrowing to accommodate a growing show and soon being shipped to people Government be, how much should we budget, it still leaves a burden on fu- nationally and internationally. tax the American citizens in order to ture generations, and it takes away This is not about committee jurisdic- accommodate what we think is impor- some of that incentive from current tion or the geography of the people we tant and necessary spending now. And workers that are trying to work and represent. It is about our basic human- one of the problems with the over- save and learn and invest to make ity. If we cannot act to protect our zealousness of Members of Congress to their life and their families’ lives bet- most vulnerable, what does this say spend is that we either increase taxes ter. about us all? We need to fix this prob- to accommodate that spending or we In closing, Mr. Speaker, I would say lem. increase borrowing. that the overzealousness to spend is I have started with inquiries to the Right now, the debt of the Federal what happens in these Chambers, be- heads of the Las Vegas Federal inves- Government is a little over $6 trillion. cause often Members are better off po- tigative offices of the FBI, Customs We have a law, though, that says that litically if they come up with new pork and the U.S. Postal Service. I have we cannot have a debt that is greater barrel projects to take home to their asked them specifically to explain than what is approved by law, passed district. They often get in the news- what steps they intend to take, and if by the House and the Senate and paper and on television if they are will- they decline to open a case, whether it signed by the President; and that debt ing to start a new social program that is because they lack resources, they limit now is $5.95 trillion. Yet the Fed- spends more of somebody else’s money. have other priorities, or whether there eral debt actually is now $6.019 trillion. It is just important that we remember simply is not a legal action. How does that happen? We are play- that when we spend money, when we I believe that this is already criminal ing political games. There is a loophole come up with these generous programs, conduct. First of all, in their own press that the last administration and this as we approach prescription drugs in releases, the film makers admit that administration claim exists in current Medicare, let us remember that we are they are paying homeless actors to law to use surplus civil service retire- taking away from current workers or commit crimes such as assault and kid- ment funds and pretend that is not bor- putting an extra burden on future re- nap. They are, therefore, accessories or rowing subject to the debt limit. They tirees by increasing the debt load to aiders and abettors. This activity is use those extra dollars coming in from accommodate what seems at the mo- not protected by the first amendment the deductions of Federal employees to ment an important spending program. anymore than the so-called ‘‘snuff increase Federal Government spending. Taxes and debt are high enough. Let us flick’’ might be protected pornography. The ultimate problem still is how be frugal on spending. All three of the Federal agencies inves- much should we spend. When I first ran f tigate pornography, and they know the for Congress in 1992, the percentage of FAST TRACK TRADE BILL difference. gross domestic product, spent for the The FBI should have jurisdiction be- Federal budget was just a little bit The SPEAKER pro tempore (Mr. cause of the interstate nature of the over 22.2 percent, of GDP. Five years PENCE). Pursuant to the order of the business and the possible conspiracy to later it was 19.6 percent of GDP. Last House of January 23, 2002, the gen- violate State laws. Customs should year we got it down to about 18.4 per- tleman from Ohio (Mr. BROWN) is rec- have jurisdiction because the material cent of GDP. Increased predicted ognized during morning hour debates is being distributed internationally, spending for this year is now starting for 5 minutes. and the postal service should have ju- to go up again at 19.9 percent of what Mr. BROWN of Ohio. Mr. Speaker, risdiction because the mails are being we produce in this country. the House will soon consider a motion used to further the distribution. So the question is how much do we to go to conference on H.R. 3005, the If these agencies claim they do not borrow that requires interest and fast track bill. Normally, the process have the resources, then perhaps Con- leaves an obligation for future genera- for beginning a conference is a non- gress should act to earmark funds, be- tions? How much do we tax that takes controversial pro forma exercise, but cause this is a serious public safety away from workers. We have got a gov- attempts at passage of a special rule issue. If these agencies claim they have ernment, we have a Constitution, we make clear that the current process is other priorities, then perhaps we have a free enterprise system that mo- anything but normal. should examine the setting of their pri- tivates. Those that work hard, that The presumptive chairman of the orities; and if they claim that there is try, that learn, that save, that invest, conference has made clear he does not

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.009 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3609 trust the conferees. He has a vision of ingly, employers will be forced to ei- nalists, movie stars, Hollywood stunt- how he wants the conference to pro- ther scale back benefits or drop cov- men, and singers. ceed, and he wants to eliminate any erage entirely. I would like today to commend some chance that things will not go his way. The Republican approach, as it usu- outstanding contributions from women The Republicans are employing an ar- ally does, will create a windfall for in- in the OSS. Arlington National Ceme- cane, rarely-used procedure that I do surance companies and for HMOs. It tery has an excellent exhibit, now until not believe I have seen in my 10 years will not protect workers, again as the December 2002, called Clandestine in Congress, to stack the deck against Republicans plan usually does not. It Women: The Untold Story of Women in Democrats on the conference com- will not protect workers or employers Espionage. From this, we learn that mittee and to deny any vote on a from huge health care costs. Under 4,500 women served in the OSS during Democratic alternative on fast track their proposed rule, Democrats would World War II. Besides spies, they trade legislation. have no chance to debate or amend any worked as saboteurs, cryptographers, The Republicans are attempting to of these provisions. propaganda experts, and guerilla war- abuse the House process by adding up Not surprisingly, the Republicans are riors. They also contributed as secre- to a dozen new items that the House proceeding without any consultation taries, as clerks, and as drivers. has never had an opportunity vote on, with Democrats on the Committee on But let me begin with just one em- has had no hearings to discuss, nor has Ways and Means. While the majority ployee I thought would be of great in- even considered. These changes include may say that their TAA health benefit terest to my colleagues, Julia gutting the other body’s health care is the same as what the other body McWilliams. She was a patriotic assistance for workers suffering from passed, no one should be fooled. This woman who wished to serve the United our trade policies, creates a weaker will only hurt American workers who States Navy, but was rejected because version of the other body’s trade ad- have already been hurt by unfair trade of her height. She was 6–2. Instead, she justment assistance, and it completely policies. got a job in East Asia with the OSS and strikes the Dayton-Craig provisions I urge my colleagues to oppose any was eventually awarded the Emblem of that are designed to ensure that Con- rule that may be on the floor tomorrow Meritorious Civilian Service. Ms. gress has a role in protecting U.S. and to oppose any rule that may jeop- McWilliams was instrumental in cre- trade laws. ardize a bipartisan conference com- ating a shark repellent. Sharks proved The rule goes well beyond normal mittee on fast track. problematic for Navy and OSS divers procedures, completely unnecessary to f trying to bomb German U-boats. Years begin the fast track conference. The later, NASA used her shark repellent COMMEMORATION OF THE 60TH most offensive of the Republican lead- recipe to protect astronauts whose cap- ANNIVERSARY OF THE FOUND- ership’s provisions will gut the worker sules landed in shark-infested waters. ING OF THE OFFICE OF STRA- health protections added in the other Ms. McWilliams married a diplomat, TEGIC SERVICES body’s bill. Paul Child. The couple moved to Under TAA health provisions, work- The SPEAKER pro tempore. Pursu- France, where Julia took cooking ers would have access to an ant to the order of the House of Janu- classes that would change the face of advanceable and a refundable tax cred- ary 23, 2002, the gentleman from Flor- American dining. Today we can all be it valued at 70 percent of their health ida (Mr. STEARNS) is recognized during grateful for Julia Child’s gift to Amer- insurance premium; 70 percent. This morning hour debates for 5 minutes. ica both in intelligence and as a French tax credit could be used for group cov- Mr. STEARNS. Mr. Speaker, in the chef. erage, continuation of COBRA cov- summer of 1942, we were deeply em- Another brave and resourceful Amer- erage, State health insurance pur- broiled in war. Our leaders saw that it ican woman was Virginia Hall, the chasing plans, and other ways. was imperative that we institute a for- ‘‘Limping Lady of the OSS.’’ Her nick- Group coverage offers several advan- mal intelligence service, so on June 13, name came from a wooden leg due to a tages to workers. It is cheaper, its 1942, we established the Office of Stra- prewar hunting accident. This Balti- availability is much wider, and health tegic Services, OSS, considered to be more native worked tirelessly for the insurance cannot be denied due to pre- the precursor to the Central Intel- French resistance. Hall was highly edu- existing conditions. Republicans, how- ligence Agency. cated and multilingual. She learned ever, are expected to offer a tax credit As we sit here in the summer of 2002, Morse code and how to work a wireless that can only be applied toward private 60 years ago this week, we are again at radio, which made her indispensable to nongroup coverage. war, and I want to commemorate the the OSS because communication lines Under the Republican approach, OSS on what would be its 60th anniver- were destroyed after D-Day. She en- there is no guarantee that workers will sary. Whether we call it intelligence, gaged in guerilla and subversive activi- be able to even find health insurance, reconnaissance, collection, espionage, ties, placing her own life in danger for because it is in the private market, let or simply spying, as a former Air Force the salvation of France. alone to afford it. In the private indi- intelligence officer myself, I recognize Hall is the only civilian female to re- vidual market, there are no limits on the critical function of this agency in ceive the Distinguished Service Cross, premiums that can be charged for winning wars. and after World War II became one of someone who is sick, and insurers often One of the recipes for success in the the CIA’s first female operations offi- exclude coverage of important services OSS was its diverse inclusion of cers. When President Truman himself and even exclude coverage sometimes operatives. It was modeled after Eng- offered to present the award to her, she of body parts. As a result, only rel- land’s intelligence agency. Accord- declined to return to the States on the atively healthy workers are likely to ingly, Lieutenant Commander Ian grounds that she was just too busy, too find affordable coverage, which means Fleming of British Naval Intelligence, busy in intelligence work to leave other workers will be left without any the same Mr. Fleming who went on to France at that critical time. coverage or will be forced to pay the create the world’s most famous ficti- Finally, also working behind the lines of oc- entire cost of whatever group coverage tious secret agent, James Bond, had cupied France not for the OSS, but for the might be available to them. Less this rather stodgy advice for OSS Di- French resistance, and therefore for the ben- healthy workers, who are unable to rector William ‘‘Wild Bill’’ Donovan: efit of all Allied forces, was the American ex- find affordable, meaningful individual ‘‘Pick men in their forties and fifties, patriate Josephine Baker. A talented and coverage will be forced to go without possessing absolute discretion, sobri- beautiful African American singer, this Mis- coverage or pay the full COBRA pre- ety, devotion to duty, languages, and souri native became a French citizen. Still per- mium. wide experience.’’ However, Mr. Dono- mitted to perform her shows around Europe by Because relatively healthy workers van had the insight to look more the occupying Nazis, Josephine craftily used will therefore leave the COBRA pool, broadly. He selected younger, reck- this freedom to travel as a tool of transferring and relatively less healthy workers lessly daring men and women; pro ath- secret documents. Most courageously, she will remain in the COBRA pool, em- letes, missionaries, reformed gang- even smuggled classified material in her sheet ployers’ COBRA costs go up. Accord- sters, professional counterfeiters, jour- music to Allied collaborators in Portugal.

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 9920 E:\CR\FM\K18JN7.010 pfrm09 PsN: H18PT1 H3610 CONGRESSIONAL RECORD — HOUSE June 18, 2002 French President Charles de Gaulle presented MEDICARE MODERNIZATION AND SUPPORT MEDICARE her the Legion of Honor, which was France’s PRESCRIPTION DRUG ACT OF 2002 PRESCRIPTION DRUG BENEFIT highest decoration. She was also awarded the The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore (Mr. Medal of the Resistance with Rosette, and ant to the order of the House of Janu- STEARNS). Pursuant to the order of the named a Chevalier of the Legion of Honor by ary 23, 2002, the gentleman from Min- House of January 23, 2002, the gen- the French government for hard work and nesota (Mr. KENNEDY) is recognized tleman from Illinois (Mr. DAVIS) is rec- dedication. At her death, the French govern- during morning hour debates for 5 min- ognized during morning hour debates ment honored her with a 21-gun salute, mak- utes. for 5 minutes. ing Josephine Baker the first American woman Mr. KENNEDY of Minnesota. Mr. Mr. DAVIS of Illinois. Mr. Speaker, I buried in France with military honors. Speaker, today I rise in support of the rise to join with all of my colleagues So I commend, Mr. Speaker, these Medicare Modernization and Prescrip- and all of the people across America and all the dedicated valiant women of tion Drug Act of 2002. As I go around who support a real prescription drug the OSS, without whom Europe and the my district and talk with seniors, this program for seniors. I understand the world may not exist in its present concerns that some express for the is one of the top issues that they have state. I also call my colleagues’ atten- need to reform Medicare, and I agree. for us in Congress, to get a prescription tion to the book ‘‘The Secret War’’ by But I believe that prescription drug drug coverage within Medicare. This Francis Russell, if they are interested coverage for seniors should be an inte- bill is long overdue, and it is very im- in learning more about the details of gral part of the Medicare program. portant for our seniors. We need a com- this great agency as well as the women We are aware that since its creation prehensive prescription drug benefit who participated. Medicare has remained stagnant, while under Medicare, and this bill delivers advances in medicine have grown rap- f exactly that. idly. We are aware that even our funda- No senior should have to choose be- mental vision of medicine has dramati- SALUTE TO THE DETROIT RED tween groceries and medical care. This WINGS cally changed from diagnosis and treat- plan gives our seniors immediate relief ment to preventive care. Today, due to The SPEAKER pro tempore (Mr. from the rising costs of prescription our realization of the need for modi- STEARNS). Pursuant to the order of the drug medications by providing a 30 per- fication and reform of Medicare, to our House of January 23, 2002, the gentle- cent discount off the top of their over- seniors, which has been an over- woman from Michigan (Ms. KIL- all prescription drug bill. We guarantee whelming process of paperwork with PATRICK) is recognized during morning coverage for all seniors who want it in worries about reimbursement and regu- hour debates for 5 minutes. Medicare. lations, it is not a form of security as Ms. KILPATRICK. Mr. Speaker, I The nonpartisan Congressional Budg- it was once thought to be. Medicare re- stand here today to congratulate the et Office predicts that 95 percent of form is necessary, but the time is now Detroit Red Wings for winning the seniors will voluntarily sign up for this to listen to our seniors and to give Stanley Cup 2002 award for the year. benefit. So this is a program that will them what they have been requesting, We congratulate the Red Wings, Mike work that we are putting forth for sen- that we give them financial relief and Illitch and the entire Illitch family; iors and that we expect to be beneficial provide them with a prescription drug Scotty Bowman, Steve Yzerman, and to them. plan that will actually cut their the entire team for giving our fans In addition to the immediate dis- monthly prescription drug expenses. It across Michigan and across this coun- count and basic insurance coverage, has been stated on the floor of this try a whirlwind tour as we won another which combined should save the aver- House a number of times that we have Stanley Cup playoff. age senior about half of their costs for seniors choosing between food and I want to say to the Illitch family, prescription drugs, we are also pro- drugs, splitting their prescription in ‘‘We thank you for your dedication to viding a 100 percent prescription drug half and denying themselves other the Red Wings, to the city, and to the coverage for low-income seniors to medical care due to the cost of their region from which we come. Continue make sure that those most in need can monthly prescription drug costs. that Illitch spirit as we rebuild our re- have the medicines they need to stay In fact, seniors are declaring bank- gion together and our city.’’ healthy. ruptcy at a record pace due in large To Scotty Bowman, the winningest We also have catastrophic protection, part to the rising cost of health care. coach in American hockey, ‘‘We con- at a $5,000 level or so, that will ensure We need a prescription drug coverage gratulate you and wish you well in that individuals do not have to deplete that covers all seniors. It is not just your retirement as you move on; and their lifetime savings and do not have our poorest seniors who are having to Mrs. Bowman, who has been a stal- to choose between other basic neces- problems paying for their prescription wart fan of yours and our Detroit Red sities in life and pharmaceuticals. drugs. It is also middle-class seniors Wings.’’ who are struggling with the burden of And to Steve Yzerman and the team b 1115 outrageous drug costs. for all the hard work, the gut playing, As Members of Congress, we need to the tenacity, ‘‘You really made us all We also offer more Medicare choices ensure that we provide a Medicare pre- feel proud.’’ and savings. Many Americans already scription drug benefit that is vol- On behalf of Mayor Kwame Kil- have coverage. Most seniors have pre- untary, universal and accessible. No patrick, mayor of the City of Detroit, scription drug coverage, but this bill is senior should be denied a benefit based and all the residents of the city, as well put forth to be a base upon which other on where he or she lives or what his or as all the residents of the region and plans can build upon to provide strong- her income is. We see our European Michigan, we say, ‘‘Go Detroit Red er coverage for seniors. neighbors offering their seniors drugs Wings. We are so very proud of you.’’ We are very hopeful that we can get at half the cost of what American com- Let us use that same spirit to bring this passed in the House and enacted panies are charging. American seniors our city, our region, and our State to- into law. Continuing the tradition of are being encouraged to travel overseas gether. We have awesome responsibil- making important legislation tem- or across our borders to Canada and ities ahead of us, and we believe with porary, the majority in the other body Mexico just to save money on the same that Red Wing spirit, with Mayor recently introduced a bill that expires prescription drug they can get in the Kilpatrick’s leadership, we can pull our after 10 years. That is unfair to our United States. This is outrageous and city together, build new economic de- seniors, Mr. Speaker. Our approach absurd and should shed more light on velopment, a wonderful regional trans- helps seniors now and permanently the importance of why this great Na- portation system, offer hope for our into the future. Our plan is affordable tion needs a serious drug plan for sen- children and security for our seniors. and is intended to cover all seniors. iors. Go Red Wings. We are so very proud The choice is clear. I strongly support Once again we need to let our seniors of you, and may you continue to be the passage of this bill, and I urge Members know that we hear them loud and spirit of our city. to do the same. clearly. We need to let our seniors

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.002 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3611 know that we stand firmly behind quorum is not present and make the resentatives, and I thank him for his them in the fight to cut their monthly point of order that a quorum is not continued dedication to his church, his drug costs. We cannot let our seniors present. community and his country. down again this year. Let us do the The SPEAKER pro tempore. Pursu- f right thing. Let us enact a real pre- ant to clause 8, rule XX, further pro- scription drug program for all of our ceedings on this question will be post- DISPENSING WITH CALL OF seniors so that they never have to cut poned. PRIVATE CALENDAR ON TODAY back on the basic necessity to keep liv- The point of no quorum is considered Mr. REHBERG. Mr. Speaker, I ask ing. withdrawn. unanimous consent that the call of the f f Private Calendar be dispensed with today. RECESS PLEDGE OF ALLEGIANCE The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Will the objection to the request of the gen- ant to clause 12 of rule I, the Chair de- gentleman from Ohio (Mr. KUCINICH) tleman from Montana? clares the House in recess until 12 noon come forward and lead the House in the There was no objection. today. Pledge of Allegiance. f Accordingly (at 11 o’clock and 20 Mr. KUCINICH led the Pledge of Alle- minutes a.m.), the House stood in re- giance as follows: HAITIAN-AMERICAN CULTURAL cess until noon. I pledge allegiance to the Flag of the HERITAGE MONTH United States of America, and to the Repub- f (Ms. ROS-LEHTINEN asked and was lic for which it stands, one nation under God, b 1200 indivisible, with liberty and justice for all. given permission to address the House for 1 minute and to revise and extend f AFTER RECESS her remarks.) The recess having expired, the House WELCOMING PASTOR SCOTT Ms. ROS-LEHTINEN. Mr. Speaker, was called to order by the Speaker pro CUSTEAD last month we celebrated Haitian- tempore (Mr. CULBERSON) at noon. (Mr. SHUSTER asked and was given American Cultural Heritage Month. I f permission to address the House for 1 want to join all who took part in the minute and to revise and extend his re- commemoration of the rich Haitian PRAYER marks.) culture. I want to send special thanks The Reverend Scott Custead, Zion Mr. SHUSTER. Mr. Speaker, I rise to to Dr. Rosy Toussaint from the Hai- Lutheran Church, Hollidaysburg, Penn- welcome our guest chaplain, Pastor tian-American Cultural Society, North sylvania, offered the following prayer: Scott Custead, from Zion Lutheran Miami Mayor Joe Celestin, artist Ed- Blessed are You, O Lord our God, cre- Church in Hollidaysburg, Pennsyl- ward Duval Carrie, as well as Miami ator of the universe. All life is a gift vania. Pastor Custead is a graduate of Dade Mayor Alex Penelas, for their from Your hands. All just pursuits California State University and re- hard work in making this month-long serve Your purposes. ceived his Master’s in Divinity from celebration a great success. You have instituted government to Pacific Lutheran Seminary in Berke- Daily activities of this month-long be an instrument of Your will. You ley, California. He has been an or- event were shared within south Florida have given those who govern the re- dained minister since 1981. He has also and showed incredible examples of Hai- sponsibility to ensure the peace and served at various churches throughout ti’s colorful culture. These fabulous good order needed for the proper func- the State of Pennsylvania and has events included a Taste of Haiti ex- tioning of society. served this country from 1986 to 1992 as travaganza, entertaining film festivals, We, therefore, pray for those who an Army Reserve chaplain. From 1984 book and poetry readings, spectacular have been called and set aside to serve through 1985, Pastor Custead served as art exhibits and dance performances, our Nation in this body. May their ac- campus minister at Pennsylvania State all of which shone a bright ray of Hai- tions serve Your purposes. May their University in State College, Pennsyl- tian culture on our south Florida com- deliberations be based in wisdom. May vania. munity. their goals be just. May they be sup- In 1986, Pastor Custead came to my I am very happy that the people of ported in their work by the prayers of home parish in Hollidaysburg, Pennsyl- south Florida had a chance to celebrate a grateful Nation. vania, where I have had the privilege to the wonder and delight of the Haitian In all that this body accomplishes come to know him and his family. As a people and their beautiful traditions. and in all that we do as a Nation, may parishioner of Pastor Custead’s, I have f we be true to our calling to serve all seen firsthand his deep involvement people and to build a better tomorrow. within the community. Not only is WORDS OF WISDOM FROM JAMES Amen. Pastor Custead committed to the reli- MADISON f gious development of his church, he is (Mr. KUCINICH asked and was given also active in many civic organizations permission to address the House for 1 THE JOURNAL including the Hollidaysburg Children minute.) The SPEAKER pro tempore (Mr. and Youth Service Board and is a mem- Mr. KUCINICH. Mr. Speaker, the CULBERSON). The Chair has examined ber of various school and borough com- American people are being prepared for the Journal of the last day’s pro- mittees. war with Iraq with little or no discus- ceedings and announces to the House Pastor Custead resides in sion in this House. Longstanding prohi- his approval thereof. Hollidaysburg, Pennsylvania, with his bitions against political assassinations Pursuant to clause 1, rule I, the Jour- wife, Carol, also a minister at our of foreign leaders have been lifted with nal stands approved. church; and they are the proud parents little or no debate in this House. A pol- Mr. ETHERIDGE. Mr. Speaker, pur- of two children, Linnea, who is heading icy of strike-first preemptive attacks suant to clause 1, rule I, I demand a off to college this fall at the University has been initiated, effectively nul- vote on agreeing to the Speaker’s ap- of Pittsburgh, and Ryan, who will lifying the constitutional role of Con- proval of the Journal. begin his first year of high school at gress under article 1, section 8 of the The SPEAKER pro tempore. The Hollidaysburg Area Junior High Constitution, assuring war at the whim question is on the Speaker’s approval School. of the President. of the Journal. Mr. Speaker, Pastor Custead, or as he Our Nation is being plunged into a The question was taken; and the is known to Zion members, Pastor state of continual warfare. President Speaker pro tempore announced that Scott, and his family have been a valu- Madison once said: the ayes appeared to have it. able part of our community for many ‘‘Of all the enemies to public liberty, Mr. ETHERIDGE. Mr. Speaker, I ob- years. It is an honor for me today to war is perhaps the most to be dreaded ject to the vote on the ground that a welcome him to the House of Rep- because it comprises and develops the

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.012 pfrm09 PsN: H18PT1 H3612 CONGRESSIONAL RECORD — HOUSE June 18, 2002 germ of every other. War is the parent INDIA Mr. OTTER. Mr. Speaker, I want to of armies. From these proceed debts (Mr. PITTS asked and was given per- congratulate the college baseball and taxes. And armies and debts and mission to address the House for 1 teams from Idaho’s First Congressional taxes are known instruments for bring- minute and to revise and extend his re- District for winning the national ing the many under the domination of marks.) championship and placing third at the the few. No nation could preserve its Mr. PITTS. Mr. Speaker, I rise today recent NAIA World Series. The Lewis & Clark State College Warriors, led by freedom in the midst of continual war- to condemn the atrocities committed veteran coach Ed Cheff, captured their fare.’’ by Hindu extremists in Gujarat, India, 12th national title since 1984 on their James Madison said that in 1795. In against Muslims and other minority own Harris Field in Lewiston, Idaho, 2002 we would do well to remember groups. Last week I met with human those words. beating Oklahoma City 12–8 in the May rights, academic and religious leaders 31 championship game. f from India who shared reports docu- Meanwhile, the Coyotes from Albert- menting the designs of the extremist ON ENERGY son College in Caldwell, my alma groups against Muslims, Christians, mater, finished third in head coach (Mr. REHBERG asked and was given Dalits and others. Shawn Humberger’s first World Series permission to address the House for 1 Trained combatants in Gujarat en- appearance. Only an Albertson College minute.) tered villages and attacked men, loss to Oklahoma City in the Mr. REHBERG. Mr. Speaker, Amer- women and children. Pregnant women semifinals kept the title game from ica is at war. We are at war against had their wombs ripped open and un- being an all-Idaho, all-First Congres- terrorists and those who would support born babies were ripped out and tossed sional District affair. their hate-filled actions. Unfortu- onto burning fires. Approximately 300 Lewis & Clark State College, which nately, there are those in this Chamber women were gang raped. Over 2,000 peo- also happens to be the alma mater of that would have the United States con- ple died. I have photos too gruesome to my colleague, Mary Bono’s spouse, fin- tinue to import almost 60 percent of show in my office. ished with a 41–16 record, returning the our oil from many of the very same It appears that some of these Hindu national championship to Lewiston terrorist-sponsoring regimes our sons extremist groups receive some of their after a 1-year hiatus. Albertson College and daughters are bravely fighting funds from charities in the U.S. and ended its season 42–20–1 as the Coyotes today. Conservative estimates state the U.K. We should ensure that no continue building a reputation as a na- that ANWR alone holds enough energy funds from the United States gathered tional power. They won their first na- to power all of Montana’s needs for the under charitable causes are used to fi- tional title in 1998, were national run- next 300 years and would provide more nance terrorism, and we must publicly ners-up in 1999, and placed fifth in 2000. than 2,000 desperately needed jobs in condemn the violence and officials who I am proud of both programs’ success my home State. It is ridiculous to de- support ethnic cleansing. and of the quality of education that pend on unstable nations, riddled with Mr. Speaker, our government must these athletes receive at these public terrorists, for our oil, not when Amer- respond to these brutal attacks and the and private institutions. ica has untapped resources at home. underlying extremism. The silence of f The security of our Nation depends the U.S. Government is deafening. b 1215 on eliminating our dependence on for- f eign oil. I urge my colleagues to sup- TRIBUTE TO CAROLINA port our balanced energy plan for AIR TRAFFIC CONTROL SYSTEM HURRICANES America’s future. PRIVATIZATION (Mr. ETHERIDGE asked and was f (Ms. BERKLEY asked and was given given permission to address the House permission to address the House for 1 for 1 minute and to revise and extend TITLE IX minute.) his remarks.) (Ms. SANCHEZ asked and was given Ms. BERKLEY. Mr. Speaker, a recent Mr. ETHERIDGE. Mr. Speaker, I rise permission to address the House for 1 executive order paves the way for pri- today in support and admiration of my minute and to revise and extend her re- vatization of our air traffic control sys- hometown team, the Carolina Hurri- marks.) tem. The order states that air traffic canes, who, after just 5 years in North Carolina, made it to the Stanley Cup Ms. SANCHEZ. Mr. Speaker, I rise control is no longer an inherently gov- finals this year. today to celebrate the 30th anniversary ernmental function. Air traffic control- lers play a significant role in our na- The Hurricanes represented North of title IX of the education amend- Carolina well. They fought hard, they tional security. National security is in- ments of 1972. In passing title IX, Con- played fair, and they never gave up. herently a government function. gress intended to give girls and women Their strength and determination On September 11, our air traffic con- opportunities equal to those offered to showed the true mettle that champions trollers safely grounded nearly 4,500 boys and men in education programs are made of. that receive Federal taxpayer dollars. aircraft in less than 2 hours, proving Even though our ’Canes could not Today we enjoy a greater amount of that the current system works and bring the cup home this year, they freedom from our counterparts from 30 works well. Proponents of privatization took the city of Raleigh, the area and years ago. Yet with all the advances cite the systems in Great Britain, Can- really the whole State on a very excit- that have been made toward gender eq- ada, and Australia as efficient and ef- ing ride. The entire region has been uity, many barriers still remain. For fective. However, the systems in Great swept up in the fervor of the quest for example, according to a report of the Britain and Canada are facing financial the cup and the sport of hockey. Ra- National Coalition for Women and crisis and the controllers in Australia leigh, North Carolina, long known for Girls in Education, just 21 percent of report poor working conditions. basketball, is now most definitely a all full professors at colleges and uni- Our system works. Our air traffic hockey town. Just last week, over 6,000 versities are women. For every new controllers have demonstrated it time people turned out to say ‘‘thank you’’ dollar going into athletics at the Divi- and time again. We should not pri- to the team and welcome them back sion I and Division II levels, male vatize our air traffic control system. home. sports receive 65 cents of the dollar f The ’Canes’ rise to the top of the while girls or women sports receive hockey elite has also given the world a only 35 cents. In addition, sex segrega- CONGRATULATING IDAHO’S FIRST glimpse of what those of us from North tion persists in career education, with CONGRESSIONAL DISTRICT Carolina have known for a long time. more than 90 percent of girls clustered BASEBALL TEAMS Raleigh is one of the most vibrant and in training programs for the tradition- (Mr. OTTER asked and was given per- exciting cities in the world, and the ally female fields of health, teaching, mission to address the House for 1 whole Triangle region is a wealth of in- graphic arts, and office technology. minute and to revise and extend his re- novative technology, business and in- We must continue to support title IX. marks.) dustry.

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.014 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3613 I am proud to represent North Caro- SENIORS NEED DRUG BENEFIT MEDICARE PRESCRIPTION DRUG lina and proud of the Carolina Hurri- NOW BENEFIT AND DISCOUNT ACT canes. (Mr. WILSON of South Carolina (Mr. DAVIS of Illinois asked and was f asked and was given permission to ad- given permission to address the House dress the House for 1 minute and to re- for 1 minute and to revise and extend TRIBUTE TO THOSE WHO PUT OUT vise and extend his remarks.) his remarks.) WILDFIRES Mr. WILSON of South Carolina. Mr. Mr. DAVIS of Illinois. Mr. Speaker, (Mr. GIBBONS asked and was given Speaker, Americans have sent a clear the House Democratic prescription permission to address the House for 1 message to Congress: Seniors need a drug proposal is a real one. It provides minute and to revise and extend his re- prescription drug benefit now. We can a solid $25-a-month premium cost, a marks.) no longer rely on rhetoric and empty $100-a-year deductible, coinsurance. Mr. GIBBONS. Mr. Speaker, as sum- promises. We must take action now to Beneficiaries pay 20 percent, Medicare mer days get longer and hotter, the make sure that seniors receive help. pays 80 percent, an out-of-pocket limit risk of forest fires continues to in- Now, thanks to the leadership of Re- of $2,000 per year per beneficiary, and crease. Just last week a 1,500-acre wild- publicans, we have a prescription drug low-income beneficiaries with incomes fire burned in Pioche, Nevada. Dedi- benefit plan that not only provides for of 150 percent of poverty will pay abso- cated firefighters kept the blaze from a long-term permanent benefit, but lutely nothing. the small Nevada town, located about also makes sure that relief is given This is a real plan, a plan that bene- 190 miles north of Las Vegas. now in the short term. fits all of the people. Let us pass it. Today I would like to echo the senti- This is a plan that does not discrimi- f ments expressed by Lincoln County nate between different groups of sen- BRING KIDNAPPED AMERICAN Sheriff’s Sergeant John Wilcock. He iors, as everyone should have access to CHILDREN HOME the prescription drug if they choose to said, ‘‘If it hadn’t been for the quick re- (Mr. LAMPSON asked and was given sponse by volunteer firefighters and use it. And the most important part of this plan is that it provides options. We permission to address the House for 1 the BLM, the town could have been minute and to revise and extend his re- will give seniors real choices to make gone.’’ marks.) sure they get a plan that best suits Thank you to all of our Nation’s fire- Mr. LAMPSON. Mr. Speaker, I have fighters who risk their own lives every their individual needs. taken to this floor every day now this Many on the other side of the aisle day to save the homes and lives of oth- year to come here to remind the Amer- want to make this a partisan issue. ers. As a proud resident and Represent- ican citizens of Ludwig Koons, who was They offer up plans that have no basis ative of a Western State, I know first- abducted from the United States of in reality, calling for a $800 billion pro- hand the unique challenges our fire- America in 1994. He is now, I think, 9 fighters face in preventing and putting gram with no way to fund it. This is years old, and he is still a citizen of the out wildfires. Nevadans value your politics as usual, rhetoric with no re- United States who is illegally out of work, your commitment and your her- sults. our country. oism. The Republican prescription drug I placed a phone call to our Secretary benefit is a responsible and realistic f of State. A staff person called me back. plan, and we can get it to our seniors I placed a phone call to the Ambas- ENRON CORPORATION RUN FOR now. sador to the United States from the FUN AND PROFIT OF TOP EX- f Vatican. They have not even bothered ECUTIVES PROVIDING SENIORS PRESCRIP- to return my phone call. I have placed (Mr. GEORGE MILLER of California TIONS AT AN AFFORDABLE a phone call, many phone calls, I might asked and was given permission to ad- PRICE add, to all of these people, including the Ambassador of Italy to the United dress the House for 1 minute and to re- (Mr. MENENDEZ asked and was States. I have talked with him, yet vise and extend his remarks.) given permission to address the House Mr. GEORGE MILLER of California. nothing yet seems to be moving. for 1 minute and to revise and extend The issue is not about Ludwig Koons, Mr. Speaker, as Americans picked up his remarks.) their newspapers this morning, they it is about the 1,000 children who are Mr. MENENDEZ. Mr. Speaker, they taken out of our borders each year ille- once again learned that the Enron Cor- built this Nation, raised their families poration was run for the fun and profit gally. They are all citizens of this and fought for our freedom, so no sen- country and pledge allegiance to our of its top executives, not for the ben- ior in this country, not a single one, efit of the energy market, and cer- flag. should be without the prescription Where is our government? Why are tainly not for most of its employees. drugs they need to stay healthy. we not turning to those children and In the year that Enron was failing Every senior deserves access to the doing anything, anything, necessary to and heading toward bankruptcy, 140 of prescriptions they need at an afford- return them to our land? Bring our its top executives took out almost $800 able price. We do that in our plan. Re- children home. million in bonuses; $800 million, which publicans do not. That is what we is about the same amount as its 20,000 Democrats are fighting for. f employees lost in their 401(k) retire- If we controlled the House, we would ANNOUNCEMENT BY THE SPEAKER ment plans; $800 million that those pass a bill to cover all seniors, not just PRO TEMPORE people will not have for retirement, but some, but all seniors today. In fact, we The SPEAKER pro tempore (Mr. which these 100 executives will have for would have passed a bill years ago, but CULBERSON). Pursuant to clause 8 of the rest of their lives. almost 8 years after Republicans took rule XX, the Chair will postpone fur- As the Republicans talk about control of the House, they still refuse ther proceedings today on each motion privatizing the Social Security system to give all seniors the coverage they to suspend the rules on which a re- and insisting that everybody go into deserve. corded vote or the yeas and nays are the equity markets with their own lit- Why is that? The sad truth is that ordered, or on which the vote is ob- tle account, they had better under- Republicans would rather protect 100 jected to under clause 6 of rule XX. stand that corporate America is not percent of their special interest friends Any record votes on postponed ques- running this system for the benefit of and leave millions of seniors without tions will be taken after debate has the shareholders. Corporate America is the coverage they need, and that is a concluded on all motions to suspend not running the system for the benefit sorry, inexcusable disgrace. the rules. of the corporations. They are running Let us have what Democrats are pro- f it for the benefit of the executives, posing. Let us have a vote on this floor those executives that took out $800 for a universal, affordable, voluntary CODE TALKERS RECOGNITION ACT million on the eve of the bankruptcy at prescription drug program for Amer- Mr. LUCAS of Oklahoma. Mr. Speak- Enron Corporation. ica’s seniors. er, I move to suspend the rules and

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.021 pfrm09 PsN: H18PT1 H3614 CONGRESSIONAL RECORD — HOUSE June 18, 2002 pass the bill (H.R. 3250) to authorize (4) At the time, the Comanches were sec- (5) A major impediment to Allied oper- the President to present a gold medal ond-class citizens, and they were a people ations in general, and American operations on behalf of Congress to the Sioux Indi- who were discouraged from using their own in particular, was the fact that the German ans who served as Sioux Code Talkers language. forces had deciphered all codes used for (5) The Comanches of the 4th Signal Divi- transmitting information between Allied during World War II in recognition of sion became known as the ‘‘Comanche Code commands, leading to substantial loss of their service to the Nation, as amend- Talkers’’ and helped to develop a code using men and materiel during the first year of ed. their language to communicate military American action. The Clerk read as follows: messages during the D–Day invasion and in (6) Because of the proximity and static na- H.R. 3250 the European theater during World War II. ture of the battle lines, a method to commu- nicate without the knowledge of the enemy Be it enacted by the Senate and House of Rep- (6) To the enemy’s frustration, the code de- veloped by these Native American Indians was needed. resentatives of the United States of America in (7) An American commander realized the Congress assembled, proved to be unbreakable and was used ex- tensively throughout the European theater. fact that he had under his command a num- SECTION 1. SHORT TITLE. (7) The Comanche language, discouraged in ber of men who spoke a native language. This Act may be cited as the ‘‘Code Talk- the past, was instrumental in developing one While the use of such native languages was ers Recognition Act’’. of the most significant and successful mili- discouraged by the American Government, SEC. 2. EXPRESSION OF RECOGNITION. tary codes of World War II. the commander sought out and recruited 18 The purpose of the medals authorized by (8) The Comanche Code Talkers contrib- Choctaw Indians to use for transmission of this Act are to express recognition by the uted greatly to the Allied war effort in Eu- field telephone communications during an United States and its citizens and to honor rope and were instrumental in winning the upcoming campaign. the Native American Code Talkers who dis- war in Europe. Their efforts saved countless (8) Because the language used by the Choc- tinguished themselves in performing highly lives. taw soldiers in the transmission of informa- successful communications operations of a (9) Only 1 of the Comanche Code Talkers of tion was not based on a European language unique type that greatly assisted in saving World War II remains alive today. or on a mathematical progression, the Ger- countless lives and in hastening the end of (10) The time has come for the United mans were unable to understand any of the World War I and World War II. States Congress to honor the Comanche Code transmissions. (9) The Choctaw soldiers were placed in dif- TITLE I—SIOUX CODE TALKERS Talkers for their valor and their service to ferent command positions, to achieve the SEC. 101. FINDINGS. the Nation. (11) The congressional gold medals author- widest possible area for communications. Congress finds the following: (10) The use of the Choctaw Code Talkers (1) Sioux Indians used their native lan- ized by this title are the recognition and honor by the United States and its citizens was particularly important in the movement guages, Dakota, Lakota, and Nakota Sioux, of American soldiers in October of 1918 (in- as code during World War II. of the Comanche Code Talkers who distin- guished themselves in performing a unique, cluding securing forward and exposed posi- (2) These people, who manned radio com- tions), in the protection of supplies during munications networks to advise of enemy ac- highly successful communications operation that greatly assisted in saving countless American action (including protecting gun tions, became known as the Sioux Code emplacements from enemy shelling), and in lives and in hastening the end of World War Talkers. the preparation for the assault on German II in Europe. (3) Under some of the heaviest combat ac- positions in the final stages of combat oper- tion, the Code Talkers worked around the SEC. 202. CONGRESSIONAL GOLD MEDAL. ations in the fall of 1918. clock to provide information which saved The Speaker of the House of Representa- (11) In the opinion of the officers involved, the lives of many Americans in the Pacific tives and the President Pro Tempore of the the use of Choctaw Indians to transmit infor- and Europe, such as the location of enemy Senate shall make appropriate arrangements mation in their native language saved men troops and the number of enemy guns. for the presentation, on behalf of the Con- and munitions, and was highly successful. (4) The Sioux Code Talkers were so suc- gress, of a gold medal of appropriate design Based on this successful experience, Choctaw cessful that military commanders credit the to each of the following Comanche Code Indians were being withdrawn from frontline code with saving the lives of countless Amer- Talkers of World War II, in recognition of units for training in transmission of codes so ican soldiers and being instrumental to the their contributions to the Nation: as to be more widely used when the war success of the United States in many battles (1) Charles Chibitty. came to a halt. during World War II. (2) Haddon Codynah. (12) The Germans never succeeded in SEC. 102. CONGRESSIONAL GOLD MEDAL. (3) Robert Holder. breaking the Choctaw code. The Speaker of the House of Representa- (4) Forrest Kassanovoid. (13) This was the first time in modern war- tives and the President Pro Tempore of the (5) Willington Mihecoby. fare that such transmission of messages in a Senate shall make appropriate arrangements (6) Perry Noyebad. native American language was used for the for the presentation, on behalf of the Con- (7) Clifford Otitivo. purpose of confusing the enemy. gress, of a gold medal of appropriate design, (8) Simmons Parker. (14) This action by members of the Choc- to each Sioux Code Talker, including the fol- (9) Melvin Permansu. taw Nation is another example of the com- lowing: (10) Dick Red Elk. mitment of American Indians to the defense (1) Eddie Eagle Boy. (11) Elgin Red Elk. of our great Nation and adds to the proud (2) Simon Brokenleg. (12) Larry Saupitty. legacy of such service. (3) Iver Crow Eagle, Sr. (13) Morris Sunrise. (15) The Choctaw Nation has honored the (4) Edmund St. John. (14) Willie Yackeschi. actions of these 18 Choctaw Code Talkers (5) Walter C. John. TITLE III—CHOCTAW CODE TALKERS through a memorial bearing their names lo- (6) John Bear King. cated at the entrance of the tribal complex SEC. 301. FINDINGS. (7) Phillip ‘‘Stoney’’ LaBlanc. in Durant, Oklahoma. (8) Baptiste Pumpkinseed. Congress finds the following: SEC. 302. CONGRESSIONAL GOLD MEDAL. (9) Guy Rondell. (1) On April 6, 1917, the United States, after The Speaker of the House of Representa- (10) Charles Whitepipe. extraordinary provocations, declared war on tives and the President Pro Tempore of the (11) Clarence Wolfguts. Germany, thus the United States entered Senate shall make appropriate arrangements World War I, the War to End All Wars. for the presentation, on behalf of the Con- TITLE II—COMANCHE CODE TALKERS (2) At the time of this declaration of war, gress, of a gold medal of appropriate design SEC. 201. FINDINGS. Indian people in the United States, including honoring the Choctaw Code Talkers. The Congress finds the following: members of the Choctaw Nation, were not TITLE IV—GENERAL PROVISIONS (1) On December 7, 1941, the Japanese Em- accorded the status of citizens of the United SEC. 401. MEDALS FOR OTHER CODE TALKERS. pire attacked Pearl Harbor, Hawaii, and the States. (a) PRESENTATION AUTHORIZED.—In addi- Congress declared war the following day. (3) Without regard to this lack of citizen- tion to the gold medals authorized to be pre- (2) The military code, developed by the ship, many members of the Choctaw Nation sented under section 102, 202, and 302, the United States for transmitting messages, joined many members of other Indian tribes Speaker of the House of Representatives and had been deciphered by the Axis powers, and and nations in enlisting in the Armed Forces the President Pro Tempore of the Senate United States military intelligence sought to fight on behalf of their native land. shall make appropriate arrangements for the to develop a new means to counter the (4) Members of the Choctaw Nation were presentation, on behalf of the Congress, of a enemy. enlisted in the force known as the American gold medal of appropriate design to any (3) The United States Government called Expeditionary Force, which began hostile ac- other Native American Code Talker identi- upon the Comanche Nation to support the tions in France in the fall of 1917, and spe- fied by the Secretary of Defense pursuant to military effort by recruiting and enlisting cifically, members of the Choctaw Nation subsection (b) who has not previously re- Comanche men to serve in the United States were incorporated in a company of Indian en- ceived a congressional gold medal. Army to develop a secret code based on the listees serving in the 142d Infantry Company (b) IDENTIFICATION OF OTHER NATIVE AMER- Comanche language. of the 36th Division. ICAN CODE TALKERS.—

VerDate 11-MAY-2000 23:54 Jun 18, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.023 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3615 (1) IN GENERAL.—Any Native American This legislation celebrates a relatively Armed Forces would not have been able member of the United States Armed Forces unknown aspect of American history, to deceive our enemies as effectively as who served as a Code Talker in any foreign acts of bravery and heroism by Native they did. The rare beauty and intricacy conflict in which the United States was in- American soldiers in the world wars of of our Native American languages volved during the 20th Century shall be eligi- ble for a gold medal under this section. the last century, acts which saved the turned out to be our most secret of (2) DETERMINATION.—Eligibility under lives of many Allied servicemen. weapons, and to our code talkers, paragraph (1) shall be determined by the Sec- Mr. Speaker, in any war, battles turn America owes a great debt of gratitude. retary of Defense and such Secretary shall as much on information or on secrecy Our code talkers are an example of establish a list of the names of such eligible as on pure military might. If you know how the richness of our American her- individuals before the end of the 120-day pe- what your enemy is planning, you have itage became a strength that no adver- riod beginning on the date of the enactment a good chance to stop it. In both the sary could possibly match or overcome. of this Act. First and Second World Wars, our en- America’s freedom endures because our SEC. 402. PROVISIONS APPLICABLE TO ALL MED- emies were skilled code breakers, and ALS UNDER THIS ACT. military commanders turned the lin- (a) MEDALS AWARDED POSTHUMOUSLY.— the ability to crack our communica- guistic heritage of our Native Amer- Medals authorized by this Act may be award- tions costs many Allied lives. ican tribes into an unprecedented asset ed posthumously on behalf of, and presented In both conflicts, however, a rel- of warfare. to the next of kin or other representative of, atively small band of Native Americans Last year, in a Capitol Rotunda cere- a Native American Code Talker. were able to use their unique tribal mony, Congress and President Bush (b) DESIGN AND STRIKING.— languages to baffle enemies. Speaking honored code talkers from the Navajo (1) IN GENERAL.—For purposes of any pres- to each other either on field radios or Nation with a Congressional Gold entation of a gold medal under this Act, the field telephones, or occasionally even Secretary of the Treasury shall strike gold Medal, the highest civilian honor that medals with suitable emblems, devices, and communicating with written messages, Congress can bestow. John Brown, Jr., inscriptions, to be determined by the Sec- these men were able to quickly and ac- speaking on behalf of the Navajos, said retary. curately relay complex military mes- at that ceremony, ‘‘I am proud that at (2) DESIGNS EMBLEMATIC OF TRIBAL AFFILI- sages and orders that could not be un- this point in American history our na- ATION.—The design of the gold medals struck derstood by enemies even if inter- tive language and the code we devel- under this Act for Native American Code cepted. Based neither on European lan- oped came to the aid of our country, talkers of the same Indian tribe shall be em- guages or on mathematical formulas, saving American lives and helping the blematic of the participation of the Code these tribal languages were so impen- Talkers of such Indian tribe. other U.S. Armed Forces to ultimately (3) INDIAN TRIBE DEFINED.—For purposes of etrable to the German and Japanese defeat the enemy.’’ military intelligence units that they this subsection, the term ‘‘Indian tribe’’ has b 1230 the same meaning as in section 4 of the In- are said never to have been cracked. dian Self-Determination and Education As- Mr. Speaker, the best known of these It was a fitting tribute that the sistance Act. code talkers were the Navajo, honored House now extends to the Choctaw, Co- SEC. 403. DUPLICATE MEDALS. with congressional medals in the last manche, and to other Native American The Secretary of the Treasury may strike Congress. But a number of other tribes, code talkers through passage of this and sell duplicates in bronze of the gold med- including the Sioux, Comanche and important legislation. als struck under this Act in accordance with Choctaw, also provided code talkers, During World War II, America and its such regulations as the Secretary may pre- and the legislation we consider today allies fought a massive war on several scribe, and at a price sufficient to cover the fronts and the code talkers protected costs thereof, including labor, materials, seeks to recognize them as well. dies, use of machinery, and overhead ex- The bill we are taking up was intro- the allies’ secrets communications on penses, and the cost of the bronze medal. duced by the gentleman from South most, if not all, of these fronts. From SEC. 404. STATUS AS NATIONAL MEDALS. Dakota (Mr. THUNE) and incorporates the Comanche and the Choctaw against The medals struck pursuant to this Act are language in similar bills by the gentle- the German Army and France, to the national medals for purposes of chapter 51 of woman from Texas (Ms. GRANGER) and Navajo in the Pacific theater, more title 31, United States Code. the gentleman from Oklahoma (Mr. than 17 tribes in all made immeas- SEC. 405. FUNDING. WATKINS). urable contributions to the war effort. (a) AUTHORITY TO USE FUND AMOUNTS.— Mr. Speaker, as the sponsors of the These include Cheyenne, Comanche, There is authorized to be charged against the language in this bill will tell us, the Cherokee, Choctaw, Osage, Yankton United States Mint Public Enterprise Fund critical role played by the Native Sioux, Chippewa, Creek, Hopi, Kiowa, such amounts as may be necessary to pay for Menominee, Muscogee-Seminole, the costs of the medals authorized by this American code talkers in the battles of Act. the First and Second World Wars were Javajo, Oneida, Paunee, Sac and Fox, (b) PROCEEDS OF SALE.—Amounts received critical to the success of Allied efforts. and the Sioux, from both the Lakota from the sale of duplicate bronze medals It is long overdue that Congress recog- and Dakota dialects. under section 403 shall be deposited in the nize their heroic efforts with congres- The compelling story of how the rich United States Mint Public Enterprise Fund. sional gold medals. This bill will do heritage of our Native American peo- The SPEAKER pro tempore. Pursu- that, recognizing the Comanche, Sioux ples, their language, and their heroes ant to the rule, the gentleman from and Choctaw code talkers, as well as ultimately played a major role in our Oklahoma (Mr. LUCAS) and the gentle- asking the Secretary of Defense to winning World War II unfortunately woman from New York (Mrs. MALONEY) identify any other soldiers from other took more than a half a century to be each will control 20 minutes. tribes who also served valiantly in the told. And it took as long for one of our The Chair recognizes the gentleman defense of this country and then award- Nation’s highest honors to be bestowed from Oklahoma (Mr. LUCAS). ing them medals. upon these Native American heroes. GENERAL LEAVE Mr. Speaker, I ask strongly for the Today we honor their patriotism and Mr. LUCAS of Oklahoma. Mr. Speak- support of this legislation. their selflessness and their heroic ac- er, I ask unanimous consent that all Mrs. MALONEY of New York. Mr. tions, and America is grateful and Members may have 5 legislative days Speaker, I yield myself such time as I proud for their contributions to our within which to revise and extend their may consume. freedom. As proven by the code talkers, remarks and include extraneous mate- Mr. Speaker, today the House of Rep- it is our heritage, and our people, that rial on H.R. 3250. resentatives honors many unsung will always make America a great Na- The SPEAKER pro tempore. Is there American heroes whose contributions tion. objection to the request of the gen- to America’s freedom are without par- I only regret that we as a Congress tleman from Oklahoma? allel in American history, the Sioux, are so late in recognizing the contribu- There was no objection. Choctaw, Comanche and other Native tions of American Indians to the allies’ Mr. LUCAS of Oklahoma. Mr. Speak- American code talkers of World War II. victory in World War II and that not er, I yield myself 5 minutes. Without the valiant efforts of these all of the code talkers who served are Mr. Speaker, I rise in support of H.R. patriotic members from many of our alive today to accept this important 3250, the Code Talkers Recognition Act. Native American communities, our honor. Even so, I am pleased we are

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.004 pfrm09 PsN: H18PT1 H3616 CONGRESSIONAL RECORD — HOUSE June 18, 2002 taking this action today; and as the World War II. The Sioux code talkers, oism during World War II. It is now daughter of a World War II veteran, I who I represent, used their Lakota, Da- time to honor and recognize the Sioux, am also heartened by the progress we kota and Nakota dialects to send coded Comanche and Choctaw and code talk- can all see on the national memorial communications that the enemy was ers for their contributions by awarding now under construction on the Mall unable to crack. These brave men were them Congressional Gold Medals. just blocks from here. often sent out on their own to commu- Mr. Speaker, I am proud to be the As time passes, we cannot let the nicate with headquarters regarding sponsor of H.R. 3250, the Code Talkers magnitude of the great victory our vet- enemy location and strength without Recognition Act, to honor the men who erans achieved over the fanaticism of protection from the enemy. Sometimes had risked their lives to save the lives our World War II enemies fade from the they spent over 24 hours in headphones of others. Congress should recognize national memory. As we face new mili- without sleep or food in deplorable con- these courageous men for their bravery tary challenges today, from terrorists ditions. and heroism in the face of adversity. who also target and hate free societies, Today, military commanders credit Today, we will consider this important we can take extra inspiration from the the code talkers with saving the lives bill and finally recognize these men for bravery of our World War II veterans of countless American soldiers and their heroic efforts. and the special place in history for the being instrumental to the success of Mr. Speaker, I thank my colleagues, Native American code talkers. These the United States military during and I encourage all of my colleagues to brave soldiers went to war for the World War II. support this important legislation. I United States despite the historic mis- Two of these Sioux code talkers are thank the gentleman from Oklahoma treatment of Native Americans by the still alive today: Clarence Wolf Guts of (Mr. LUCAS) for his work in bringing it very government they were fighting to the Oglala Sioux Tribe and Charles to the floor today and say to my col- defend. Whitepipe, Sr. of the Rosebud Sioux leagues on the floor that it is high time I am honored to stand and honor the Tribe. that we gave honor and due recognition Sioux code talkers this morning. Con- Unfortunately, the nine other Sioux to these brave men and the cultures gress has stipulated that recipients of code talkers, John Bear King of the that they represent. this award shall have ‘‘performed an Standing Rock Sioux Tribe, Simon Mr. LUCAS of Oklahoma. Mr. Speak- achievement that has an impact on Broken Leg and Iver Crow Eagle, Sr. of er, I yield such time as she may con- American history and culture that is the Rosebud Sioux Tribe, Eddie Eagle sume to the gentlewoman from Texas likely to be recognized as a major Boy and Philip LaBlanc of the Chey- (Ms. GRANGER), another one of the au- achievement in the recipients’ field enne River Sioux Tribe, Baptiste thors of this important piece of legisla- long after the achievement.’’ The con- Pumpkinseed of the Oglala Sioux tion. tribution of the code talkers to our Tribe, Edmund St. John of the Crow (Ms. GRANGER asked and was given great victory in World War II meets Creek Sioux Tribe, and Walter C. John permission to revise and extend her re- this high standard, and I am very of the Santee Sioux Tribe of Nebraska marks.) pleased to join with my colleagues on have passed away. Ms. GRANGER. Mr. Speaker, mil- the other side of the aisle to recognize Clarence Wolf Guts and Charles lions of people poured into movie thea- them today. Whitepipe can tell us the stories of the ters this weekend to see the movie Mr. Speaker, I reserve the balance of trials and tribulations they faced as ‘‘Wind Talkers’’ with Nicholas Cage. my time. they served our country. The families The movie is set during World War II Mr. LUCAS of Oklahoma. Mr. Speak- of the other Sioux code talkers can against the backdrop of the horrific er, I yield such time as he may con- pass on the stories told to them by battle of Saipan; the drama revolves sume to the gentleman from South Da- their husband, father or uncle. around the Navajo ‘‘code talker.’’ kota (Mr. THUNE), who is the primary The legislation before us today fi- The so-called code talkers were na- principal author of this bill and who nally honors the Sioux code talkers for tive Americans who used their native has worked very diligently on this ef- their distinguished service to our coun- dialect to radio important messages in fort. try. In addition, the bill recognizes two code to our allied troops. The movie Mr. THUNE. Mr. Speaker, I thank other groups of code talkers who served ‘‘Wind Talkers’’ focuses on a Navajo the gentleman for yielding me this our country with distinction. This bill code talker who was the Marines’ first time and thank him for his efforts in distinguishes 14 Comanche code talkers new secret weapon against the Japa- bringing this legislation to the floor, as for their dedication and service during nese. The movie explores just how far well as the gentlewoman from New World War II, and it also pays tribute our Marines were willing to go to pro- York (Mrs. MALONEY), in giving us the to the Choctaw code talkers who served tect the code. opportunity to recognize these great not only during World War II, but were We all know that in our fast-paced, American heroes. known to have been used for their modern world, movies are our story- Mr. Speaker, South Dakota has a transmission of field communications tellers. Hollywood often misses some of long history that extends back before in their native languages during World the facts, but in this case I am proud to the founding of our country by Western War I. I appreciate the gentlewoman see the tale of these code talker heroes explorers. Native American culture was from Texas (Ms. GRANGER) and the gen- being told so publicly. In my mind, the a way of life based upon four key val- tleman from Oklahoma (Mr. WATKINS) Native American code talkers are some ues: generosity, bravery, fortitude, and working with me to recognize these he- of the Nation’s greatest heroes. wisdom. Whether they were hunting for roes. Today, it is time for Congress to give food, interacting with family members, At a time in which we fully under- all of the Native American code talkers or facing the trials of life, they always stand the meaning of the word ‘‘hero,’’ the recognition they deserve for their displayed these great and important I believe we can all agree the code contribution to U.S. victories in World values. Regrettably, the importance talkers are truly heroes of this coun- War I and World War II. and revered culture of these great peo- try. Like the Navajo code talkers who ple was nearly erased from American All of the code talkers provided safe- were recognized for services last year, history. ty to fellow Americans who were fight- the Comanche, Choctaw and Sioux In- However, later, during the middle ing so hard for our Nation. They did so dians also served as code talkers in part of the last century, at a time by using their culture and their native both the Pacific and European theaters when Indians were discouraged from language, which had been passed down during World War II. We also know practicing their native culture, a few to them through the generations. that the Choctaw code talkers served brave men used their cultural heritage, Above all, these code talkers brought our country as early as World War I. their language, to help change the respect to their Nation and victory to These code talkers were sent out on course of history. These men are our country. their own to provide communications known as the code talkers. They served Last year, we rightly honored the on enemy location and strength. They our country with distinction in both Navajo code talkers for the important sometimes spent 24 hours using head- the European and the Pacific fronts of role that they played and for their her- phones without sleep or food. Many of

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.025 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3617 these men endured terrible conditions Mr. WATKINS of Oklahoma. Mr. Mrs. MALONEY of New York. Mr. without protection from the enemy. Speaker, I wish to thank the gen- Speaker, I yield back the balance of Military commanders credit the code tleman from Oklahoma (Mr. LUCAS) my time. talkers with saving the lives of count- and the gentlewoman from New York Mr. LUCAS of Oklahoma. Mr. Speak- less American soldiers and ultimately (Mrs. MALONEY) for their efforts in get- er, I yield myself the balance of my to the success of the United States in ting this here. I would like to espe- time. many battles. cially thank the gentleman from South Mr. Speaker, I thank my colleagues, The story of the code talkers was Dakota (Mr. THUNE), my friend, and the gentleman from South Dakota (Mr. highlighted for me last year by a con- the gentlewoman from Texas (Ms. THUNE), the gentlewoman from Texas stituent of mine, Ben Tahmahkera. He GRANGER), my good friend and neigh- (Ms. GRANGER), and the gentleman came to me and pointed out that in bor, who represents Fort Worth quite from Oklahoma (Mr. WATKINS), for July, President Bush honored the Nav- capably. their efforts. ajo code talkers for their contribution As the gentleman from Oklahoma Clearly, the generation that went off to the United States Armed Forces as stated, I had the distinct privilege, al- to Europe in 1917 and 1918 is now all but radio operators in World War II. Mr. though one does not realize it as much gone, and the young men who went off Tahmahkera was very pleased to hear when one is growing up, of growing up to fight the Second World War between about the Navajo recognition, but he among the Choctaw Indians in south- 1941 and 1945 is starting to show the wanted to make sure the sacrifices of east Oklahoma. I heard many of my el- ages and seasons of time. But, my col- the Comanche code talkers and other ders talk about the days of using code leagues, by making this effort to ac- code talkers were not forgotten either. talkers in World War I, and they were knowledge these brave and valiant ef- Ben Tahmahkera suggested that I also utilized in World War II. forts, we do this House great service learn more about Charles Chi-bitty, b 1245 and do this Nation the same service. who today is the only surviving Co- manche code talker. Charles Chi-bitty So it is with a great deal of pride and Mr. BACA. Mr. Speaker, I rise today in sup- lives near Tulsa, Oklahoma, today and nostalgia as I think back to what a lot port of this resolution. he is 80 years old. In January of 1941, of the elderly Native Americans with Until recently the very existence of Sioux Chi-bitty enlisted in the United States Choctaw ancestry were saying for me and Navajo code-talkers had remained yet an- Army and was assigned to the Army’s to be part of bringing this legislation, other classified war secret. 4th signal company. Chi-bitty probably H.R. 3250, to the floor. I want to thank These proud code-talkers lived with the himself saved thousands of lives during the gentleman from Ohio (Chairman quiet dignity of knowing that they did a great the Normandy invasion alone and he OXLEY) from the Committee on Finan- service for their nation, but could never speak can still remember the messages he re- cial Services and the gentleman from of their heroic deeds. ceived and sent out on D-Day. On that Oklahoma (Mr. LUCAS) on that com- These Sioux code-talkers worked under day he identified where our troops mittee that combined several of these some of the heaviest combat conditions and were, protected them from being fired code talker bills so we could bring this worked around the clock, often without sleep, on by our own troops and, in general, legislation together and move it at this to provide coded information that saved the completely confused the Germans. Chi- time. lives of countless American soldiers. bitty specifically remembers saying in Many people know the history of the The Sioux code-talkers were so successful code to our men, ‘‘Okay, we know code talkers of World War II; however, that military commanders credit the code for where you are, just keep doing what few people know the history of the code many victories in battle. talkers of World War I. In the closing you are doing.’’ These brave and heroic men deserve our days of World War I, several members The code that Chi-bitty used was deepest respect. We owe a debt of gratitude of the Choctaw Nation were helpful in never broken and, for a long time, the to these men. We must honor them and teach winning key battles. The Choctaws Germans believed it was just gibberish. our children, so that their quiet dignity is silent were the first Native American code Eventually, the Germans sent spies to no more. So we may now honor them as what talkers used in battle and to win wars. training grounds in Fort Gordon and to they are—American heroes. reservations in Oklahoma to try and The Germans had broken the code of It took an act of Congress to honor the Nav- crack the code. None of the spy mis- the American forces, and they had cap- ajo code-talkers, we should at least pay the sions were successful. tured a messenger who was running in- Charles Chi-bitty, a true American formation between several of the com- same tribute to these other defenders of our hero, was also a loyal friend. He once panies in the Army. The Army com- freedom. turned down the Medal of Honor be- mander overheard two of his men con- Let us never forget the 44,000 Native Amer- cause it did not include all members of versing in their native Choctaw lan- icans who served in World War II. They fought the 4th signal company whom he con- guage, and due to his smart thinking, for a nation that has mistreated historically siders his brothers. Chi-bitty says, ‘‘I the use of the Native Americans’ tribal their people. That is the ultimate sign of valor am glad I am still here, but I miss my language as a code was born. and sacrifice. comrades. I know that my comrades An additional number of Choctaw In- Mr. LUCAS of Oklahoma. Mr. Speak- that have already gone before me are dians were located in the battalion, er, I yield back the balance of my time. listening and laughing right now. I and within a period of hours after get- The SPEAKER pro tempore (Mr. know when I go up there some day, ting them all together, they were relo- CULBERSON). The question is on the mo- they will be there waiting.’’ cated to strategic locations. In less tion offered by the gentleman from Mr. Speaker, today we honor Charles than 72 hours, the Germans were re- Oklahoma (Mr. LUCAS) that the House Chi-bitty and all of the other Native treating, and the Allies were in full at- suspend the rules and pass the bill, American code talkers who so val- tack and moving forward. H.R. 3250, as amended. iantly fought for our country and pro- Mr. Speaker, it has been a long time The question was taken; and (two- tected our Nation. H.R. 3250 authorizes since these men did this great service thirds having voted in favor thereof) the President to present a Congres- for their Nation. It has been a long the rules were suspended and the bill, sional Gold Medal to these Native time for me even to be sitting at the as amended, was passed. Americans who served as code talkers knees of some of these elderly Choctaw The title was amended so as to read: during both World War I and II. H.R. chiefs and others and listening to them tell this story. ‘‘A bill to authorize the presentation of 3250 gives these men the honor they so gold medals on behalf of Congress to Native richly deserve. Please support H.R. I believe we should pass H.R. 3250 to Americans who served as Code Talkers dur- 3250. honor these code talkers and their ing foreign conflicts in which the United Mr. LUCAS of Oklahoma. Mr. Speak- service to this country. I urge my col- States was involved during the 20th Century er, I yield such time as he may con- leagues in a unanimous way to support in recognition of their service to the Na- sume to the gentleman from Oklahoma this legislation to bring honor to the tion.’’. (Mr. WATKINS), who was raised among code talkers of World War I and World A motion to reconsider was laid on the Choctaw in eastern Oklahoma. War II. the table.

VerDate 11-MAY-2000 02:22 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.027 pfrm09 PsN: H18PT1 H3618 CONGRESSIONAL RECORD — HOUSE June 18, 2002 MESSAGE FROM THE PRESIDENT and Subcommittee on Legislative of Previously, he served on the Com- A message in writing from the Presi- the Committee on Appropriations. mittee on Public Works, and the Com- dent of the United States was commu- Mr. Packard began his public service mittee on Transportation and Infra- in the United States Navy, which he nicated to the House by Ms. Wanda structure, and the Committee on entered upon graduation from dental Evans, one of his secretaries. Science, the Subcommittee on Space school in 1957. He was stationed at and Technology. f Camp Pendleton, California, and served Mr. Speaker, I yield back the balance RONALD C. PACKARD POST OFFICE as a dentist in the U.S. Navy Corps. of my time. BUILDING Following his military service, he relo- Mr. OSE. Mr. Speaker, I yield 4 min- cated his family and practice to the utes to the gentleman from California Mr. OSE. Mr. Speaker, I move to sus- Carlsbad area and founded the Packard (Mr. ISSA). pend the rules and pass the bill (H.R. Dental Clinic. Mr. ISSA. Mr. Speaker, authoring 4794) to designate the facility of the He quickly became active in local this bill was a unique pleasure for me, United States Postal Service located at civic and business affairs, and received for I have known Ron Packard for all 1895 Avenida Del Oro in Oceanside, his first public post in 1962 as a trustee but 2 years of the time that he was a California, as the ‘‘Ronald C. Packard of the Carlsbad Unified School District, Member of Congress. But what I did Post Office Building’’. which included 3 years as chairman. not know until I arrived here was what The Clerk read as follows: He served as a director of the Carls- kind of a special Representative Ron H.R. 4794 bad Chamber of Commerce for 4 years, Packard was while he was here in Con- Be it enacted by the Senate and House of Rep- and served 2 years on the Carlsbad City gress. resentatives of the United States of America in Council, and 4 years as mayor of Carls- Time after time Members on both Congress assembled, bad. As mayor, he focused on critical sides of the aisle would come up to me SECTION 1. RONALD C. PACKARD POST OFFICE regional issues. He served 3 years on and talk about something special they BUILDING. the Transportation Policy Committee had with Ron, perhaps a difficult situa- (a) DESIGNATION.—The facility of the of the League of California Cities, and United States Postal Service located at 1895 tion long into the night on a piece of 4 years as a director of the North Coun- legislation either here on the floor or Avenida Del Oro in Oceanside, California, ty Transit District. shall be known and designated as the ‘‘Ron- in committee, or some piece of appro- Representative Packard retired from ald C. Packard Post Office Building’’. priations that both sides were wran- Congress in 2000 so he could spend more (b) REFERENCES.—Any reference in a law, gling with how to make it work. And time with his family. Ron and Jean map, regulation, document, paper, or other Ron would quietly smile, give a kind Packard married in 1952 and have 7 record of the United States to the facility re- word, listen, and try to make things ferred to in subsection (a) shall be deemed to children, 34 grandchildren, and 3 great- happen. That attitude, that way of be a reference to the Ronald C. Packard Post grandchildren. Office Building. Mr. Speaker, I urge adoption of H.R. doing business, was what everyone re- membered about Ron. The SPEAKER pro tempore. Pursu- 4794. What we also remember about Ron ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of Packard is that he was able to have California (Mr. OSE) and the gentleman my time. that unique talent so seldom found in from Illinois (Mr. DAVIS) will each con- Mr. DAVIS of Illinois. Mr. Speaker, I this body, but so admired when it is trol 20 minutes. yield myself such time as I may con- found. Ron was able to be fiercely par- The Chair recognizes the gentleman sume. Mr. Speaker, as a Member of the tisan in his beliefs and totally open and from California (Mr. OSE). Committee on Government Reform, I bipartisan in the way he approached GENERAL LEAVE rise in support of H.R. 4794, legislation problems, in the way he dealt with Mr. OSE. Mr. Speaker, I ask unani- naming a post office after Ronald C. Members on both sides of the aisle. mous consent that all Members may Packard. Ron was known as a man who was al- have 5 legislative days within which to H.R. 4794, which was introduced by ready not only an adult, but a father revise and extend their remarks on the the gentleman from California (Mr. and on his way to being a grandfather bill, H.R. 4794. ISSA) on May 22, 2002, has met the com- before he discovered the game of golf. The SPEAKER pro tempore. Is there mittee policy and enjoys the support He did not use golf as a tool against objection to the request of the gen- and cosponsorship of the entire Cali- anyone, he used it as an opportunity to tleman from California? fornia delegation. come to the other side of the aisle to There was no objection. Ron Packard was elected to Congress say, let us go talk about something and Mr. OSE. Mr. Speaker, I yield myself on November 2, 1982, by a write-in vote, maybe catch a round of golf. such time as I may consume. only the fourth successful write-in can- Ron did that in everything that he Mr. Speaker, H.R. 4794, introduced by didate in the history of the United did here in the House. He will be re- our distinguished colleague, the gen- States Congress. Representative Pack- membered for his effectiveness, but tleman from California (Mr. ISSA), des- ard represented the 48th District in most important, back in our district, ignates the post office located in California for 18 years, until his retire- he today is contributing as only a Oceanside, California, as the Ronald C. ment from Congress on January 3, 2001. former Member of Congress can. Packard Post Office Building. Members A member of the United States Navy Mr. Speaker, I rise today in support of H.R. of the entire House delegation from the Dental Corps, Ronald Packard founded 4794, a bill designating the United States Post State of California are cosponsors of the Packard Dental Clinic before be- Office building in Oceanside, California, as the this legislation. coming active in community and busi- ‘‘Ronald C. Packard Post Office Building.’’ I Mr. Speaker, Ron Packard was first ness affairs. He began public service as would like to thank Chairman DAN BURTON elected to Congress on November 2, a trustee and chairman of the Carlsbad and the Government Reform Committee for 1982, after a successful write-in cam- Unified School District, going on to discharging this bill, and House Leadership for paign, becoming only the fourth write- serve as a city councilman and later as placing it on the suspension calendar in such in candidate in U.S. history to win a mayor of Carlsbad. an expeditious manner. House seat. He served the people of San While in Congress, Representative Many of you remember Ron Packard as the Diego, Orange, and Riverside Counties Packard served on the Committee on distinguished Congressman who represented for 18 years in the House of Representa- Appropriations, chairing the Sub- the 48th Congressional District for 18 years, tives before his retirement at the close committee on Energy and Water Devel- but you may not know his storied past. Con- of the 106th Congress. opment, the Subcommittee on Military gressman Ron Packard has served the people During his time in Congress, Mr. Construction, and the Subcommittee of California and his country for nearly half Packard served on the prestigious on Legislative. He also worked as a century, accentuating integrity and above all, Committee on Appropriations and senior member of the Subcommittee on respect for his fellow man. chaired the powerful Subcommittee on Transportation and the Subcommittee After relocating his family to Northern San Energy and Water Development, Sub- on Foreign Operations, Export Financ- Diego County, Ron Packard began his public committee on Military Construction, ing and Related Programs. service career as a trustee of the Carlsbad

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\A18JN7.007 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3619 Unified School District, serving from 1962 to here in the Congress, geographically in own legislative budget. He cut spending by 1974. Ron Packard went on to serve two southern California for 12 years; and it Congress on itself by fully one-third, an ex- years on the Carlsbad City Council, and was was my privilege in that process to traordinary achievement when we had a new elected the city’s mayor in 1978. During his come to know this extraordinary man. majority, a new Congress. four years as mayor, Packard was very in- When I first came to Congress, I In fact, throughout his career in the majority volved with the community and regional af- served with Ron on the Committee on as a cardinal, as a chairman on the Com- fairs. He served three years on the transpor- Public Works and Transportation mittee on Appropriations, Ron garnered tation policy committee of the League of Cali- where he was, as he now is, an expert awards, not for bringing home the bacon, but fornia Cities, and spent four years as a Direc- on aviation, serving on that as well as from such groups as Americans for Tax Re- tor of North County Transit District. He also other subcommittees in the Congress. form, which rated him a taxpayer’s hero, and served two years as the President of the He continued to have even greater in- the National Taxpayers Union, which rated Council of Mayors for San Diego County. fluence in that area during his service him—even as an appropriator and a car- Ron Packard was first elected to Congress on the Committee on Appropriations dinal—in the top 5 percent of people in this on November 2, 1982, through a grassroots where he was a cardinal, a term of rev- entire Congress interested in cutting spending. write-in campaign. He was only the fourth suc- erence, well-deserved in his case, for This was an extraordinary accomplishment cessful write-in candidate in the history of the someone who wields the extraordinary and something that all of his colleagues here United States Congress. During his time in power of the purse in our constitu- are proud of. He made us all proud during his Congress, he served on the House Appropria- tional system. 18 years of service in this body. Everything tions Committee and chaired the Energy and It is interesting to think, as we com- that he has done in his career, even before he Water Development, Military Construction, and pleted debate during this Congress on came to Congress, as a local leader, as a Legislative Branch Subcommittees. campaign finance reform and all of our mayor, as a member of the city council, as a Congressman Ron Packard retired from expressions of concern about the influ- dentist with his own practice, has distin- public service on January 3, 2001 to spend ences in the political system, about guished him. more time with his wife Jean, his seven chil- what this means in Ron’s case. Ron It is well said that ours is a government of, dren, thirty-four grandchildren, and three Packard did not get here because of the by and for the people. The for and by parts great-grandchildren. His legacy in Congress is help of special interests. He was not are very important. But remember that it is best characterized by hard work and honesty. even a nominee of a major party. He also a government of the people, and that this Congress, which manufactures nothing, is sim- Ron Packard has left an extremely positive had to run against the Democratic ply the sum of the people who populate it the and long-lasting impression on me, his col- nominee. He had to run against the Re- people who were chosen by the voters to leagues in Congress and most importantly, his publican nominee. He ran as an indi- vidual, as Ron Packard; and in an ex- come back here. constituents. I am honored to sit in the seat Therefore, by being who he has been, the traordinary fashion, his constituents that Ron Packard occupied before me. fine gentleman that he has been and is, the Mr. OSE. Mr. Speaker, I yield 2 min- wrote in his name in the general elec- leader that he has been, the exemplar that he utes to the gentleman from California tion, and he defeated the Republican has been for all of us, he has improved this (Mr. HUNTER). and Democrat nominee, and that is institution, the people’s House. The Congress Mr. HUNTER. Mr. Speaker, I thank how he came to Congress here. He was of the United States and thus our country is the gentleman for yielding, and I ar- Ron Packard first and became his par- the better for it. rived late. I just wanted to pay my re- ty’s standard bearer only thereafter be- It has been a privilege to know the gen- spects to Ron Packard and the action cause the people voted him in. tleman, Mr. Packard, and the designation of that we are taking today on his behalf. He was the embodiment of a citizen this post office in Oceanside, CA, is a fitting I just wanted to say that Ron really politician. He was everything a Mem- tribute to his contributions to our democracy. had two great trademarks in the ber of Congress should be and every- Mr. CUNNINGHAM. Mr. Speaker, I rise House: his great civility, his ability to thing a national leader should be. today to support H.R. 4794, designating the get along with other Members, and to I am submitting a much more Ronald C. Packard Post Office Building. argue on the substance but never on a lengthy tribute for the RECORD, be- Ron has a long legacy of service to San personal level and I think bring us to- cause I think it is quite possible to go Diego and has served the community in one gether in many difficult times and also on about Ron Packard without stop- capacity or another since 1962. From his elec- had great conservative values which ping; and I know we have other busi- tion to Congress in 1982 until his retirement in very much reflected the values of his ness to do here. 2000, Ron worked tirelessly on behalf of the district and of San Diego County. I I very much appreciate the time that people of San Diego. His leadership as the think that this naming of the post of- the gentleman from California yielded chairman of the Energy and Water Appropria- fice is a fitting tribute to Ron and a to me. tions Subcommittee provided for many of the fitting tribute to those values which Now, it should be said about a Republican improvements to San Diego’s infrastructure. have served us so well. who serves on the Committee on Appropria- Ron was also a senior member of the Trans- So my best to Ron Packard, and I tions that there are temptations. The whole portation Subcommittee and was crucial in se- want to thank the chairman for allow- term limits movement has a reason in America curing funding for many of the highway im- ing me to come down and talk about because of those temptations, because people provements and transit projects in the county. him a little bit. who serve too long in Washington find it too Aside from Ron’s service and achievements, Mr. OSE. Mr. Speaker, I yield 3 min- easy to spend other people’s money on pork he is also a trusted friend. In my time in this utes to the gentleman from California barrel projects, on wasteful Washington ways. body, I have turned to Ron many times as the (Mr. COX). Sometimes they forget about the people back senior member of the San Diego delegation (Mr. COX asked and was given per- home. It is sad to say that temptation is for advice. Ron is one of the most sincere and mission to revise and extend his re- strongest when one is closest to the money on genuine individuals I have ever met. His char- marks.) the committee charged with spending it, the acter is unquestionable and I think that we Mr. COX. Mr. Speaker, I thank the Committee on Appropriations in the House would all do well to conduct our lives with the gentleman from California for yielding and in the Senate. same sense of purpose and moral wisdom as me the time. So how honored are we as American citi- Ron. I, too, rise in support of the legisla- zens to have been served by a chairman on I believe that this post office is a fitting trib- tion, H.R. 4794, just considered by the the Committee on Appropriations who took his ute to Ron Packard’s career in Congress and House of Representatives, to designate trust so seriously that, in discharging it, he ac- I am pleased to lend my support to this legis- the Ron Packard post office in Ocean- tually reduced spending. lation. side. I am proud to join with the gen- When Ron Packard first became a chairman Ms. WATSON of California. Mr. Speaker, tleman from California (Mr. HUNTER), on the Committee on Appropriations in 1995, thank you, Mr. ISSA, for introducing this bill, the gentleman from California (Mr. he quickly sent a bill to the floor of the House and for allowing me to speak in support of OSE), and others in the California dele- of Representatives that did not just cut spend- naming a post office after Congressman Ron gation for this purpose, because it was ing for the benefit of taxpayers, it cut spending Packard. my privilege to serve alongside Ron at home where, presumably, it would hurt Ron Packard has been a fixture in California Packard, physically alongside him, Members of Congress themselves most, in our politics for as long as I can remember. When

VerDate 11-MAY-2000 02:22 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\A18JN7.006 pfrm09 PsN: H18PT1 H3620 CONGRESSIONAL RECORD — HOUSE June 18, 2002 most people think of the responsibilities of a The Clerk read as follows: The renaming of the Pasadena post Member of Congress, they think of our work H.R. 4717 office building in honor of Commis- here in Washington, shaping policy and pass- Be it enacted by the Senate and House of Rep- sioner Jim Fonteno is a well-deserved ing legislation. But much of the job we do is resentatives of the United States of America in honor. He has tirelessly served the citi- focused on our own communities back home, Congress assembled, zens of East Harris County through his serving as advocates for our hometowns and SECTION 1. JIM FONTENO POST OFFICE BUILD- many public and civic endeavors. neighborhoods. ING. Mr. Speaker, I urge adoption of H.R. Over the two decades that he served in (a) DESIGNATION.—The facility of the 4717. United States Postal Service located at 1199 Congress, Ron Packard excelled in both these Mr. Speaker, I reserve the balance of roles. In the House he rose to become an Ap- Pasadena Boulevard in Pasadena, Texas, shall be known and designated as the ‘‘Jim my time. propriations subcommittee chairman, one of Fonteno Post Office Building’’. Mr. DAVIS of Illinois. Mr. Speaker, I the so-called ‘‘Cardinals’’ who have a special (b) REFERENCES.—Any reference in a law, responsibility for shaping our government’s yield myself such time as I might con- map, regulation, document, paper, or other sume. spending policy. record of the United States to the facility re- But he was always focused on finding ways ferred to in subsection (a) shall be deemed to As a member of the House Committee to help out his constituents and neighbors be a reference to the Jim Fonteno Post Of- on Government Reform I rise in sup- back home. Congressman Packard started out fice Building. port of H.R. 4717, legislation naming a in local politics, as director of the Carlsbad The SPEAKER pro tempore. Pursu- post office after Jim Fonteno. H.R. Chamber of Commerce. Strengthening the ant to the rule, the gentleman from 4717, which was introduced by the gen- economy of his community and his state was California (Mr. OSE) and the gentleman tleman from Texas (Mr. BENTSEN) on his overriding passion. Like many Californians, from Illinois (Mr. DAVIS) each will con- May 14, 2002, has met the committee Ron Packard was a pioneer, moving to Cali- trol 20 minutes. policy and enjoys the support and co- fornia to serve in the United States Navy. After The Chair recognizes the gentleman sponsorship of the entire Texas delega- his service he settled here, and helped to from California (Mr. OSE). tion. build our state, as a dentist and local busi- GENERAL LEAVE Jim Fonteno is a county commis- nessman. Mr. OSE. Mr. Speaker, I ask unani- sioner in East Harris County, Texas; This blend of military and private sector ex- mous consent that all Members may and for over 28 years, Commissioner perience made Congressman Packard unique- have 5 legislative days within which to Fonteno has worked to deliver services ly qualified to deal with one of the great eco- revise and extend their remarks on the to senior citizens and the young people nomic challenges that California has had to bill under consideration. of his community. He has improved confront over the last decade—the decline in The SPEAKER pro tempore. Is there local recreation facilities, established huge defense budgets that came with the end objection to the request of the gen- camps and after-school programs for of the Cold War. The California economy has tleman from California? at-risk youth and created senior cen- had to adjust to this new reality, and Con- There was no objection. ters for the elderly. gressman Packard was a leader in this effort, Mr. OSE. Mr. Speaker, I yield myself Commissioner Jim Fonteno is known whether it was cleaning up or converting old such time as I may consume. throughout the county for his dedica- military sites or supporting efforts to diversify Mr. Speaker, H.R. 4717, introduced by tion to public service, and I am pleased the local economy. our colleague, the gentleman from to join with my colleagues in seeking Congressman Packard retired so that he Texas (Mr. BENTSEN), designates a post to honor such a man. could spend more time with his family. I un- office located in Pasadena, Texas, as Mr. Speaker, it is my pleasure to derstand that he now has thirty-four grand- the Jim Fonteno Post Office Building. yield such time as he might consume children and three great-grandchildren, so I Members of the entire House delega- to the gentleman from Texas (Mr. expect that spoiling all those youngsters will tion from the State of Texas are co- BENTSEN). keep him quite busy. sponsors of this legislation. This bill is a fitting tribute to Congressman (Mr. BENTSEN asked and was given Mr. Speaker, during his 28-year ten- permission to revise and extend his re- Packard for the years of service he has pro- ure as Harris County commissioner, vided to this House, his community and his marks.) Commissioner Jim Fonteno has cham- Mr. BENTSEN. Mr. Speaker, I thank country. Thank you again Mr. ISSA. pioned many projects to improve east Mr. OSE. Mr. Speaker, I yield back the chairman and ranking member of Harris County. For instance, one of his the balance of my time. the subcommittee for yielding me the The SPEAKER pro tempore. The first initiatives was to create senior time today. citizen centers throughout east Harris question is on the motion offered by I rise in strong support of H.R. 4717, the gentleman from California (Mr. County. Today these senior centers are available throughout Harris County, legislation that I am sponsoring along OSE) that the House suspend the rules with the entire Texas delegation, to re- and pass the bill, H.R. 4794. and it is a tribute to Commissioner Fonteno for his foresight in cham- name the post office at 1199 Pasadena The question was taken. Boulevard in Pasadena, Texas, in my The SPEAKER pro tempore. In the pioning their establishment. These multiservice centers provide many congressional district as the Jim opinion of the Chair, two-thirds of Fonteno Post Office Building. As has those present have voted in the affirm- services to senior citizens, including transportation services to and from the been mentioned, Jim Fonteno has ative. served as a member of the Harris Coun- Mr. DAVIS of Illinois. Mr. Speaker, centers. In addition, Commissioner ty Commissioner Court for Precinct 2 on that I demand the yeas and nays. Fonteno has worked to improve local The yeas and nays were ordered. recreation facilities by upgrading in East Harris County since 1974 and The SPEAKER pro tempore. Pursu- equipment, purchasing land, and build- will be retiring at the end of this year. ant to clause 8 of rule XX and the ing new facilities. First elected in 1974, Jim Fonteno Chair’s prior announcement, further has exhibited dedication and compas- b 1300 proceedings on this motion will be sion for those he served in East Harris postponed. There are currently 35 parks in Com- County. He is and has been a perma- f missioner Fonteno’s precinct, covering nent fixture throughout the region. Be- 4,000 acres and providing 30 miles of loved by his constituents, Commis- JIM FONTENO POST OFFICE hiking and biking trails. Commissioner sioner Fonteno can be found mingling BUILDING Fonteno has also worked to improve at one of the many centers he helped to Mr. OSE. Mr. Speaker, I move to sus- the services available to youth by es- develop, riding on a Precinct 2 bus to pend the rules and pass the bill (H.R. tablishing the East Harris County an Astros game with them or serving 4717) to designate the facility of the Youth Program, which serves at-risk as an auctioneer for one charitable United States Postal Service located at boys and girls with summer camps and group or another, notoriously wearing 1199 Pasadena Boulevard in Pasadena, after-school programs. Both of these his Precinct 2 cap and corralling wan- Texas, as the ‘‘Jim Fonteno Post Office programs help young people to succeed dering politicians to ante up for the Building.’’ both academically and socially. cause.

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.023 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3621 Jim Fonteno is a veteran of both the conjunction with the Parks Depart- A veteran of the U.S. Army and the U.S. United States Army and Merchant Ma- ment to provide safe and attractive en- Merchant Marine, Commissioner Fonteno has rines. Prior to service as county com- vironments by upgrading equipment, a long history of public service. He has served missioner, Jim Fonteno served as mu- purchasing land, and building new fa- as a municipal judge for the city of Baytown, nicipal court judge for the city of Bay- cilities. served two terms as the commissioner of the town, Texas. He also served as port Today, accommodations in Precinct 2 Port of Houston, and, since his swearing-in on commissioner for the Port of Houston include ADA/CPSC-approved play- January 1, 1975, has represented the resi- Authority before he was elected to the ground equipment, picnic facilities, dents of precinct two in Harris County. office of county commissioner. Jim and baseball and soccer fields, boat ramps Over the years, Commissioner Fonteno has his wife, JoAnn, have seven grown chil- and fishing piers. Through his leader- been an advocate for those often neglected or dren and live in the Northshore area of ship, there are now 35 parks in Precinct forgotten in our society. When he took office, East Harris County. He is an active 2 covering 4,000 acres, including 30 he recognized the need for programs aimed at member of the Holy Trinity United miles of hike and bike trails. senior citizens, and, when he realized that the Methodist Church. In 1992, Commissioner Fonteno initi- County did not have the money, he formed Of particular note is the commis- ated a wildflower program saving the East Harris County Senior Citizens, a nonprofit sioner’s famed senior citizens program. taxpayer funds and increasing the aes- corporation. Shortly after taking office in 1975, thetic value of the property. Today, The most critical need seniors faced was Commissioner Fonteno went to work there are 67 wildflower areas which are adequate transportation. Because seniors had on implementing a program that would part of the Parks Department and can limited transportation, many of them were in- address the unique needs of senior citi- be seen throughout Precinct 2. active and isolated from the rest of the com- Commissioner Fonteno also worked zens in Precinct 2. Commissioner munity. In 1976, Commissioner Fonteno, along to improve the opportunities for our Fonteno did not believe retirement with four area businessmen, signed a note on Nation’s youth. Early in his career, should mean resignation from one’s a 32-passenger bus nicknamed ‘‘The Fun Commissioner Fonteno established the community; but he realized that for Bus.’’ Today, the fleet includes 21 buses, five East Harris County Youth Program, many of his constituents, most of of which are equipped for the physically chal- which is dedicated to serving the young whom were working people on fixed in- lenged. people. The program, which started as comes, retirement meant just that. He These buses are used to transport senior a pilot program as a summer camp at also realized that for many, particu- citizens to various places and activities. East the J.D. Walker Community Center larly widows, that lack of adequate nu- Harris County Senior Citizens sponsor various and an after-school program at Clover- trition and social and physical activity activities throughout the year, including trips to leaf Elementary, now offers com- would result in a degraded life just at sporting events such as Houston Astros, Com- prehensive services to youth from first the time when one should be enjoying ets, and Aeros games, and the Houston Live- to fifth grade for at-risk individuals. stock Show & Rodeo. themselves for a lifetime of labor. The program is targeted to help boys Realizing there were no county funds One of the most popular events sponsored and girls from any ethnic background for such a program, Commissioner by the East Harris County Senior Citizens is who may face challenges, both aca- Fonteno formed East Harris County the Senior Citizen Olympics, held annually demically and socially, to succeed. Senior Citizens. This nonprofit pro- Commissioner Fonteno’s motto has throughout precinct two. These fun-filled gram provides activities and transpor- always been: ‘‘A day’s work for a day’s events provide both social and physical inter- tation to the seniors throughout the pay.’’ His hardworking ethic is re- action among senior citizens. precinct. Additionally, activities and nowned in our area as someone who has However, not every senior is able to attend meals are made available to seniors at dedicated this life to public service. In these events. The distinctive needs of the sen- the multiservice centers established by his spare time, Commissioner Fonteno iors in the 18 nursing homes located through- Commissioner Fonteno. Veterans’ med- has helped to raise $4 million for var- out precinct two are addressed by the Nursing ical needs are also addressed, and ious nonprofit organizations through Home Program. Special activities such as transportation is provided to and from his work as a licensed auctioneer. He movie parties, manicures, and the Ms. Golden the VA hospital. has been a hands-on public servant Years Pageant are offered to nursing home One of the most critical needs that working 7 days a week to meet the residents. In addition, the handicap buses are seniors faced was obtaining adequate needs of his constituents. utilized for field trip outings. transportation. Because seniors had As I have traveled the parts of the All of these activities are funded solely by limited transportation, many of them 25th Congressional District which over- grants, fund raisers, and private donations were literally inactive. Without it, lap with Precinct 2, it is more often made to the 501–C3 corporation. many would remain shut in and ex- than not that I come across Commis- Another cause that Commissioner Fonteno cluded from county activities. sioner Fonteno’s tracks. Nothing oc- devoted a great deal of time to was the well- In 1976, Commissioner Fonteno, along curs within his precinct that he does being of our youth. The East Harris County with four area businessmen, signed a not take interest in or offer to help and Youth Program, which he founded, is dedi- note on a 32-passenger bus nicknamed assist. He has been a tremendous leader cated to serving the needs of the Harris Coun- the Fun Bus. Today, the fleet includes for our county, particularly East Har- ty precinct two youth. The program originated 21 buses, five of which are equipped for ris County, for more than a quarter of as a pilot program comprising a summer camp the physically challenged. The buses a century. I applaud him for his service at J.D. Walker Community Center and an are used to transport senior citizens to to our community and commend him after-school program at Cloverleaf Elementary various places and activities. for all he has championed to improve School. Over the past 28 years, Jim Fonteno our lives. The single most important role of the East has built a network of senior activity Naming the U.S. Post Office in Pasa- Harris County Youth Program is to serve as a centers and nutrition and health pro- dena, Texas, after Jim Fonteno is a vehicle that makes learning fun. Designed to grams that have enriched the lives of tribute to the service and leadership he be a resource, not a substitute for school sys- thousands of senior citizens through- has provided to all of East Harris Coun- tems, the program is a strong proponent of out East Harris County. Commissioner ty. students staying in school. Fonteno has remained steadfast Mr. GREEN of Texas. Mr. Speaker, I rise Although academic achievements receive throughout his career in ensuring that today, joining my colleagues in paying tribute top priority, the East Harris County Youth Pro- senior citizens in every corner of his to a leader in Harris County, TX, who is retir- gram also puts an emphasis on physical activ- precinct are served, and he never shied ing from office this year. Harris County Com- ity. way from the difficult odds in estab- missioner Jim Fonteno, in his 27th year of I am proud to know Jim Fonteno, proud to lishing this revered program. service to the county, has earned the respect call him a friend, and honored to be his rep- Another important initiative for and admiration of his colleagues and his con- resentative in the U.S. House of Representa- Commissioner Fonteno was his effort stituents with his tireless devotion to his job. tives. to beautify and improve local recre- The Jim Fonteno Post Office is our small way My only regret is that, after all these years ation areas in East Harris County. of repaying him for all he has done over the in public service, we will no longer have Com- Commissioner Fonteno has worked in years. missioner Fonteno, his experience, and his

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 9920 E:\CR\FM\K18JN7.038 pfrm09 PsN: H18PT1 H3622 CONGRESSIONAL RECORD — HOUSE June 18, 2002 wisdom, at the commissioner’s Court, fighting small businesses with certain Federal paper- and it would establish a task force to for the people of precinct two. I thank Jim work requirements and to establish a task consider ways to streamline paperwork Fonteno for his service, and wish him the best force to examine the feasibility of stream- requirements even further. lining paperwork requirements applicable to as he settles into a well-deserved retirement. small businesses, with Senate amendments H.R. 327 is a step in the right direc- Ms. JACKSON-LEE of Texas. Mr. Speaker, thereto, and to consider in the House, with- tion. It relieves our Nation’s small I am pleased to rise in support of a great man, out intervention of any point of order, a sin- businesses from an overwhelming pa- a great Texan, and a great fellow-Houstonian. gle motion offered by the chairman of the perwork burden that threatens to bury Commissioner Jim Fonteno truly deserves the Committee on Government Reform or his them. To that end I urge my colleagues honor of having his name placed on the Pasa- designee that the House concur in the Senate to support this rule and to support the dena Post Office Building. amendments. The Senate amendments and common-sense underlying legislation. Commissioner Fonteno has touched the the motion shall be considered as read. The It is a bicameral, bipartisan agreement lives of every person in East Harris County, motion shall be debatable for one hour equal- ly divided and controlled by the chairman that the Senate has already passed. from the youngest to the oldest. He has and ranking minority member of the Com- Mr. Speaker, I reserve the balance of worked tirelessly for the youth of the area, es- mittee on Government Reform. The previous my time. tablishing the East Harris County Youth Pro- question shall be considered as ordered on Ms. SLAUGHTER. Mr. Speaker, I gram, which provides wonderful opportunities the motion to final adoption without inter- thank my colleague, the gentlewoman for ‘‘at risk’’ boys and girls to attend stimu- vening motion or demand for division of the from North Carolina, for yielding me lating summer camps and after-school pro- question. the customary 30 minutes, and I yield grams. He has supported and improved the b 1315 myself such time as I may consume. many parks, with miles of hiking and biking The SPEAKER pro tempore (Mr. (Ms. SLAUGHTER asked and was trails, that serve the people of precinct two. BONILLA). The gentlewoman from given permission to revise and extend Perhaps his greatest contribution has been North Carolina (Mrs. MYRICK) is recog- her remarks.) in championing the Senior Citizen Centers nized for 1 hour. Ms. SLAUGHTER. Mr. Speaker, I rise throughout Harris County. These centers pro- Mrs. MYRICK. Mr. Speaker, for pur- in support of the rule and in support of vide multiple services to seniors, and even poses of debate only, I yield the cus- the underlying bill. bring seniors in to enjoy these services and tomary 30 minutes to my friend, the Mr. Speaker, at a time when large help them home when they are done. That gentlewoman from New York (Ms. corporations and manufacturers are kind of service and access is difficult to find in SLAUGHTER); pending which I yield my- announcing layoffs and scaling back this country, and is there because of the good self such time as I may consume. Dur- production, more and more regions of work of Commissioner Fonteno. ing consideration of this resolution, all the country are learning what western The Commissioner has a motto: ‘‘A day’s time yielded is for purposes of debate New York already knows; that the work for a day’s pay.’’ I believe the people of only. small business sector can be the real East Harris County have gotten more than This rule provides for a single motion economic engine for our communities. their money’s worth out of Commissioner offered by the chairman of the Com- Small businesses generate the jobs that Fonteno. mittee on Government Reform to con- keep our cities and towns vibrant, they I thank my colleague from Texas for intro- generate the opportunities that anchor ducing this resolution. I am pleased to rise in cur with the Senate amendments. The rule waives all points of order against our sons and daughters to family and support of it. home, and they foster the innovators Mr. DAVIS of Illinois. Mr. Speaker, I consideration of the motion to concur who represent the brightest hope for have no further requests for time, and with the Senate amendments, and pro- our future. I yield back the balance of our time. vides for 1 hour of general debate Mr. OSE. Mr. Speaker, I yield back equally divided and controlled by the Last month I was pleased to host the the balance of my time. chairman and ranking member of the Small Business Administration’s 2002 The SPEAKER pro tempore (Mr. Committee on Government Reform. Young Entrepreneur of the Year, a young man named Aaron Zach Philips BONILLA). The question is on the mo- The purpose of this legislation is to tion offered by the gentleman from reduce the Federal paperwork burden from Rochester, New York. Although only 25 years old, Zach has achieved re- California (Mr. OSE) that the House on small businesses. Mr. Speaker, with suspend the rules and pass the bill, the plethora of regulatory mandates on markable success. He is the president H.R. 4717. small business growing to unprece- of Kink BMX, a manufacturer and dis- The question was taken. dented levels, so, too, is the gigantic tributor of BMX bicycle parts and re- The SPEAKER pro tempore. In the task of filling out required paperwork. lated soft goods. Since 1999, Zach has opinion of the Chair, two-thirds of Our Nation’s 23 million small busi- doubled his company’s growth annually those present have voted in the affirm- nesses spent approximately 7 billion, with sales reaching nearly $1 million as ative. billion with a ‘‘B,’’ hours filling out of March 31, 2001. Zach now does busi- Mr. DAVIS of Illinois. Mr. Speaker, Federal paperwork in 1998, according to ness outside the United States and on that I demand the yeas and nays. the Office of Management and Budget. sells his product through distributors The yeas and nays were ordered. The cost associated with this burden- in Europe, Canada, Australia, and The SPEAKER pro tempore. Pursu- some paperwork is estimated at $229 Japan. On every mailing logo, every ant to clause 8 of rule XX and the billion, again billion with a ‘‘B,’’ and label, every brochure or marketing tool Chair’s prior announcement, further that does not take into account State he prints the words ‘‘Rochester Made proceedings on this motion will be and local requirements. Means Quality Made.’’ postponed. As a one-time small businesswoman Zach embodies a growing trend that myself, I know the hurdles that our en- Congress must continue to foster. f trepreneurs face: strangling red tape, Small businesses now account for ap- SMALL BUSINESS PAPERWORK burdensome regulations, and moun- proximately 75 percent of all new jobs RELIEF ACT OF 2002 tains of paperwork. H.R. 327 would help added to the economy and represent Mrs. MYRICK. Mr. Speaker, by direc- to streamline small business’ paper- 99.7 percent of all employers. Small tion of the Committee on Rules, I call work burden by requiring Federal businesses provide almost one-third of up House Resolution 444 and ask for its agencies to publish a list of resources the workers with their first jobs and immediate consideration. that small businesses could use for initial on-the-job training in basic The Clerk read the resolution, as fol- complying with applicable paperwork skills. The important role small busi- lows: requirements so they can know exactly nesses play in keeping our Nation com- H. RES. 444 what is required of them. petitive must not be overshadowed by In addition, it would require each corporate America’s clout in this body. Resolved, That upon adoption of this reso- lution it shall be in order to take from the Federal agency to establish a liaison We must ensure that entrepreneurs Speaker’s table the bill (H.R. 327) to amend for small business paperwork require- like Zach are afforded the same atten- chapter 35 of title 44, United States Code, for ments and to help small businesses tion and access to Washington that the the purpose of facilitating compliance by comply with their legal obligations, large corporate interests enjoy.

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.025 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3623 A quick look at the numbers show cludes all of the substantive provisions jurisdiction on H.R. 327. H.R. 327 has that small businesses form the back- in the predecessor bills except those re- been endorsed by many organizations bone of our economy. They account for lating to the waiver of sanctions for including the U.S. Chamber of Com- half of our domestic products and con- first-time violations by small busi- merce, the National Association of tribute more than 55 percent of the in- nesses of Federal paperwork require- Manufacturers, the National Federa- novations in such sectors as manufac- ments. On March 15, the House passed tion of Independent Business, the Na- turing, technology and services. During H.R. 327 by a resounding 418 to 0 vote. tional Small Business United Organiza- the long boom of the 1990s, small busi- On July 30, Senator VOINOVICH intro- tion, the Small Business Coalition for nesses forged the way for high-tech ex- duced a companion but not identical Regulatory Relief, the Small Business pansion and growth. They now account bill, S. 1271. It also does not include Legislative Council, and the Small for almost 40 percent of the jobs in the any provisions relating to the waiver of Business Survival Committee. high-technology sector. sanctions for first-time violations by The Congressional Budget Office pro- One reason for this is that women small businesses. However, it does in- vided a preliminary estimate of the and minorities are opening small busi- clude provisions for biennial agency re- budgetary impact of H.R. 327, saying nesses in record numbers. Women- porting on enforcement actions taken that the bill ‘‘would result in a mini- owned businesses nearly doubled dur- and civil penalties assessed, including mal cost for Federal agencies each ing the last decades. There are cur- actions and assessments against small year. Because the bill would not affect rently an estimated 6.2 million women- businesses. direct spending or governmental re- owned businesses, accounting for 28 On December 17, the Senate passed S. ceipts, pay-as-you-go procedures would percent of all privately held firms. 1271 by unanimous consent. On May 22 not apply.’’ These firms generate $1.15 trillion in of this year, after bipartisan, bicameral I support the rule to enable the House to consider a motion to concur sales and employ 9.2 million workers. staff-level meetings, the Senate passed with the Senate amendments to H.R. The number of minority-owned enter- an agreed-upon amended version of 327 and 1 hour of general debate evenly prises nearly quadrupled in the last H.R. 327 by unanimous consent. divided. Not only are regulatory and decade, and they generally outstrip the H.R. 327, as amended by the Senate, paperwork costs higher for small busi- national average in business creation includes helpful provisions for small nesses, but also they are harder to ab- and receipts. Minorities now own 15 businesses, including a requirement for sorb. Small businesses simply cannot percent of American business, and 99 the Office of Management and Budget afford to comply with Federal require- percent of these businesses are small to annually publish in the Federal Reg- ments in the same way that large busi- businesses. ister and on the Internet a list of com- nesses can. H.R. 327 should result in Congress has addressed the needs of pliance assistance resources available some much needed relief for small busi- small business before. We have passed to small businesses, a requirement for each agency to establish a single point nesses. paperwork reduction legislation, such Ms. SLAUGHTER. Mr. Speaker, I of contact for small businesses, a re- as the Paperwork Reduction Act, PRA, have no request for time, and I reserve quirement for each agency to make and the Small Business Regulatory En- the balance of my time. forcement Fairness Act. Moreover, the further efforts to reduce paperwork for Mrs. MYRICK. Mr. Speaker, I have last administration streamlined regu- small businesses with fewer than 25 no further speakers. lations by reinventing government and employees, establishment of an inter- Ms. SLAUGHTER. Mr. Speaker, I implementing many of the rec- agency task force to study stream- yield back the balance of my time. ommendations made by the White lining of paperwork requirements for Mrs. MYRICK. Mr. Speaker, I yield House Conference on Small Businesses. small businesses, and a requirement for back the balance of my time, and I The measure before us today continues two annual reports for fiscal years 2003 move the previous question on the res- this effort to reduce unnecessary pa- and 2004 from each agency on enforce- olution. perwork for small businesses. I know of ment actions taken and civil penalties The previous question was ordered. no opposition to this measure. assessed, including actions and assess- The resolution was agreed to. Mr. Speaker, I reserve the balance of ments against small businesses. A motion to reconsider was laid on my time. Despite the statutory requirements the table. Mrs. MYRICK. Mr. Speaker, I yield for annual reductions in paperwork Mr. OSE. Mr. Speaker, pursuant to such time as he may consume to the burden, there have been annual in- House Resolution 444, I call up the bill gentleman from California (Mr. OSE), creases, instead of annual decreases, in (H.R. 327) to amend chapter 35 of title who is the Chair of the subcommittee. paperwork in each of the last 6 years, 44, United States Code, for the purpose Mr. OSE. Mr. Speaker, I thank the from 1996 to 2001. In addition, OMB’s of facilitating compliance by small gentlewoman for yielding me this time, April 2002 report to Congress on Fed- businesses with certain Federal paper- and I am speaking today in support of eral paperwork did not identify any work requirements and to establish a the rule for a good government bill to interagency efforts to streamline pa- task force to examine the feasibility of streamline and reduce paperwork bur- perwork requirements on small busi- streamlining paperwork requirements dens on small businesses, H.R. 327, the nesses. applicable to small businesses, with Small Business Paperwork Relief Act. Small businesses are particularly Senate amendments thereto, and ask The predecessor to this bill were bills hurt by regulatory and paperwork bur- for its immediate consideration. introduced in the 105th and 106th Con- den. In an October 2001 report, the The Clerk read the title of the bill. gresses by the former chairman of a Small Business Administration esti- MOTION OFFERED BY MR. OSE subcommittee of the Committee on mated that it cost large firms, those Mr. OSE. Mr. Speaker, I offer a mo- Government Reform, Mr. David with over 500 employees, $4,463 per em- tion. McIntosh, and those would have been ployee to comply with Federal regu- The SPEAKER pro tempore (Mr. H.R. 3310 and H.R. 391 respectively. latory and paperwork requirements. BONILLA). The Clerk will designate the In 1999, Senator VOINOVICH intro- However, the cost to small businesses, motion. duced and held a hearing on an iden- those with fewer than 20 employees, is The text of the motion is as follows: tical companion bill, which would be nearly 60 percent higher, a staggering Mr. OSE moves that the House concur in the Senate amendments, as follows: Senate 1378. In 1998 and 1999, the House $6,975 per employee. Senate amendments: passed the predecessor bills by votes of Since introduction the staff of my Strike out all after the enacting clause and 267 to 140 and 274 to 151 respectively. subcommittee has worked with the insert: The Senate Committee on Govern- staff of the Committee on Small Busi- SECTION 1. SHORT TITLE. mental Affairs did not mark up the ness to address concerns by this com- This Act may be cited as the ‘‘Small Business Voinovich bill. mittee’s majority and minority. As a Paperwork Relief Act of 2002’’. On January 31, 2001, the chairman of consequence, as it did in the 105th Con- SEC. 2. FACILITATION OF COMPLIANCE WITH FEDERAL PAPERWORK REQUIRE- the Committee on Government Reform, gress for the predecessor bill, that MENTS. the gentleman from Indiana (Mr. BUR- being H.R. 391, the Committee on (a) REQUIREMENTS APPLICABLE TO THE DIREC- TON), introduced H.R. 327. This bill in- Small Business sent a letter waiving TOR OF OMB.—Section 3504(c) of title 44, United

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6333 E:\CR\FM\K18JN7.041 pfrm09 PsN: H18PT1 H3624 CONGRESSIONAL RECORD — HOUSE June 18, 2002 States Code (commonly referred to as the ‘‘Pa- ‘‘(E) not less than 1 representative of the Of- ‘‘(2) make provision in each report for the in- perwork Reduction Act’’), is amended— fice of Advocacy of the Small Business Adminis- clusion of— (1) in paragraph (4), by striking ‘‘; and’’ and tration; ‘‘(A) any additional or dissenting views of inserting a semicolon; ‘‘(F) not less than 1 representative of the In- task force members; and (2) in paragraph (5), by striking the period ternal Revenue Service; ‘‘(B) a summary of significant public com- and inserting a semicolon; and ‘‘(G) not less than 2 representatives of the De- ments. (3) by adding at the end the following: partment of Health and Human Services, includ- ‘‘(e) Not later than 1 year after the date of en- ‘‘(6) publish in the Federal Register and make ing 1 representative of the Centers for Medicare actment of the Small Business Paperwork Relief available on the Internet (in consultation with and Medicaid Services; Act of 2002, the task force shall submit a report the Small Business Administration) on an an- ‘‘(H) not less than 1 representative of the De- of its findings under subsection (c) (1), (2), and nual basis a list of the compliance assistance re- partment of Agriculture; (3) to— sources available to small businesses, with the ‘‘(I) not less than 1 representative of the De- ‘‘(1) the Director; first such publication occurring not later than 1 partment of the Interior; ‘‘(2) the chairpersons and ranking minority ‘‘(J) not less than 1 representative of the Gen- year after the date of enactment of the Small members of— eral Services Administration; and Business Paperwork Relief Act of 2002.’’. ‘‘(A) the Committee on Governmental Affairs ‘‘(K) not less than 1 representative of each of (b) ESTABLISHMENT OF AGENCY POINT OF CON- and the Committee on Small Business and En- 2 agencies not represented by representatives de- TACT.—Section 3506 of title 44, United States trepreneurship of the Senate; and scribed under subparagraphs (A) through (J). Code, is amended by adding at the end the fol- ‘‘(B) the Committee on Government Reform ‘‘(c) The task force shall— and the Committee on Small Business of the lowing: ‘‘(1) identify ways to integrate the collection ‘‘(i)(1) In addition to the requirements de- House of Representatives; and of information across Federal agencies and pro- ‘‘(3) the Small Business and Agriculture Regu- scribed in subsection (c), each agency shall, grams and examine the feasibility and desir- with respect to the collection of information and latory Enforcement Ombudsman designated ability of requiring each agency to consolidate under section 30(b) of the Small Business Act (15 the control of paperwork, establish 1 point of requirements regarding collections of informa- contact in the agency to act as a liaison be- U.S.C. 657(b)). tion with respect to small business concerns ‘‘(f) Not later than 2 years after the date of tween the agency and small business concerns within and across agencies, without negatively (as defined in section 3 of the Small Business enactment of the Small Business Paperwork Re- impacting the effectiveness of underlying laws lief Act of 2002, the task force shall submit a re- Act (15 U.S.C. 632)). and regulations regarding such collections of in- ‘‘(2) Each point of contact described under port of its findings under subsection (c) (4) and formation, in order that each small business (5) to— paragraph (1) shall be established not later than concern may submit all information required by 1 year after the date of enactment of the Small ‘‘(1) the Director; the agency— ‘‘(2) the chairpersons and ranking minority Business Paperwork Relief Act of 2002.’’. ‘‘(A) to 1 point of contact in the agency; members of— (c) ADDITIONAL REDUCTION OF PAPERWORK ‘‘(B) in a single format, such as a single elec- ‘‘(A) the Committee on Governmental Affairs FOR CERTAIN SMALL BUSINESSES.—Section tronic reporting system, with respect to the and the Committee on Small Business and En- 3506(c) of title 44, United States Code, is agency; and trepreneurship of the Senate; and amended— ‘‘(C) with synchronized reporting for informa- ‘‘(B) the Committee on Government Reform (1) in paragraph (2)(B), by striking ‘‘; and’’ tion submissions having the same frequency, and the Committee on Small Business of the and inserting a semicolon; such as synchronized quarterly, semiannual, House of Representatives; and (2) in paragraph (3)(J), by striking the period and annual reporting dates; ‘‘(3) the Small Business and Agriculture Regu- and inserting ‘‘; and’’; and ‘‘(2) examine the feasibility and benefits to latory Enforcement Ombudsman designated (3) by adding at the end the following: small businesses of publishing a list by the Di- under section 30(b) of the Small Business Act (15 ‘‘(4) in addition to the requirements of this rector of the collections of information applica- U.S.C. 657(b)). chapter regarding the reduction of information ble to small business concerns (as defined in sec- ‘‘(g) The task force shall terminate after com- collection burdens for small business concerns tion 3 of the Small Business Act (15 U.S.C. 632)), pletion of its work. organized— (as defined in section 3 of the Small Business ‘‘(h) In this section, the term ‘small business Act (15 U.S.C. 632)), make efforts to further re- ‘‘(A) by North American Industry Classifica- tion System code; concern’ has the meaning given under section 3 duce the information collection burden for small of the Small Business Act (15 U.S.C. 632).’’. business concerns with fewer than 25 employ- ‘‘(B) by industrial sector description; or (b) TECHNICAL AND CONFORMING AMEND- ees.’’. ‘‘(C) in another manner by which small busi- ness concerns can more easily identify require- MENT.—The table of sections for chapter 35 of SEC. 3. ESTABLISHMENT OF TASK FORCE ON IN- ments with which those small business concerns title 44, United States Code, is amended by strik- FORMATION COLLECTION AND DIS- ing the item relating to section 3520 and insert- SEMINATION. are expected to comply; ‘‘(3) examine the savings, including cost sav- ing the following: (a) IN GENERAL.—Chapter 35 of title 44, United States Code, is amended— ings, and develop recommendations for ‘‘3520. Establishment of task force on informa- (1) by redesignating section 3520 as section implementing— tion collection and dissemination. ‘‘(A) systems for electronic submissions of in- 3521; and ‘‘3521. Authorization of appropriations.’’. formation to the Federal Government; and SEC. 4. REGULATORY ENFORCEMENT REPORTS. (2) by inserting after section 3519 the fol- ‘‘(B) interactive reporting systems, including lowing: (a) DEFINITION.—In this section, the term components that provide immediate feedback to ‘‘agency’’ has the meaning given that term ‘‘§ 3520. Establishment of task force on infor- assure that data being submitted— under section 551 of title 5, United States Code. mation collection and dissemination ‘‘(i) meet requirements of format; and (b) IN GENERAL.— ‘‘(ii) are within the range of acceptable op- ‘‘(a) There is established a task force to study (1) INITIAL REPORT.—Not later than December tions for each data field; the feasibility of streamlining requirements with 31, 2003, each agency shall submit an initial re- ‘‘(4) make recommendations to improve the respect to small business concerns regarding col- port to— electronic dissemination of information collected lection of information and strengthening dis- (A) the chairpersons and ranking minority semination of information (in this section re- under Federal requirements; ‘‘(5) recommend a plan for the development of members of— ferred to as the ‘task force’). (i) the Committee on Governmental Affairs ‘‘(b)(1) The Director shall determine— an interactive Governmentwide system, avail- able through the Internet, to allow each small and the Committee on Small Business and En- ‘‘(A) subject to the minimum requirements trepreneurship of the Senate; and under paragraph (2), the number of representa- business to— ‘‘(A) better understand which Federal require- (ii) the Committee on Government Reform and tives to be designated under each subparagraph ments regarding collection of information (and, the Committee on Small Business of the House of that paragraph; and when possible, which other Federal regulatory of Representatives; and ‘‘(B) the agencies to be represented under requirements) apply to that particular business; (B) the Small Business and Agriculture Regu- paragraph (2)(K). and latory Enforcement Ombudsman designated ‘‘(2) After all determinations are made under ‘‘(B) more easily comply with those Federal under section 30(b) of the Small Business Act (15 paragraph (1), the members of the task force requirements; and U.S.C. 657(b)). shall be designated by the head of each applica- ‘‘(6) in carrying out this section, consider op- (2) FINAL REPORT.—Not later than December ble department or agency, and include— portunities for the coordination— 31, 2004, each agency shall submit a final report ‘‘(A) 1 representative of the Director, who ‘‘(A) of Federal and State reporting require- to the members and officer described under shall convene and chair the task force; ments; and paragraph (1) (A) and (B). ‘‘(B) not less than 2 representatives of the De- ‘‘(B) among the points of contact described (3) CONTENT.—The initial report under para- partment of Labor, including 1 representative of under section 3506(i), such as to enable agencies graph (1) shall include information with respect the Bureau of Labor Statistics and 1 representa- to provide small business concerns with contacts to the 1-year period beginning on October 1, tive of the Occupational Safety and Health Ad- for information collection requirements for other 2002, and the final report under paragraph (2) ministration; agencies. shall include information with respect to the 1- ‘‘(C) not less than 1 representative of the En- ‘‘(d) The task force shall— year period beginning on October 1, 2003, on vironmental Protection Agency; ‘‘(1) by publication in the Federal Register, each of the following: ‘‘(D) not less than 1 representative of the De- provide notice and an opportunity for public (A) The number of enforcement actions in partment of Transportation; comment on each report in draft form; and which a civil penalty is assessed.

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A18JN7.010 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3625 (B) The number of enforcement actions in should be given a chance to correct the Additionally, the task force will de- which a civil penalty is assessed against a small problem before they were slapped with velop recommendations for systems for entity. a fine. I am disappointed that this final interactive electronic reporting. The (C) The number of enforcement actions de- version does not include the fine sus- definition of ‘‘small business’’ in this scribed under subparagraphs (A) and (B) in which the civil penalty is reduced or waived. pension.’’ bill is the one used in the Small Busi- (D) The total monetary amount of the reduc- Mr. Speaker, I agree with Senator ness Act at 15 USC subsection 631 et tions or waivers referred to under subparagraph LINCOLN and hope that these helpful seq. (C). provisions will be enacted by Congress Senator VOINOVICH’s companion bill, (4) DEFINITIONS IN REPORTS.—Each report in the future. which passed the Senate by unanimous under this subsection shall include definitions The amended version of H.R. 327 be- consent last December, included an selected at the discretion of the reporting agency fore the House today includes the fol- every-2-year reporting requirement on of the terms ‘‘enforcement actions’’, ‘‘reduction lowing helpful provisions for small the number of enforcement actions in or waiver’’, and ‘‘small entity’’ as used in the businesses: first, a requirement for the which a civil penalty is assessed, the report. Office of Management and Budget to number of such actions in which a civil Amend the title so as to read: ‘‘An Act to annually publish in the Federal Reg- penalty is assessed against a small en- amend chapter 35 of title 44, United States ister and on the Internet a list of com- Code, for the purpose of facilitating compli- tity, the number of enforcement ac- ance by small business concerns with certain pliance assistance resources available tions in which the civil penalty is re- Federal paperwork requirements, to estab- to small businesses; duced or waived, and the total mone- lish a task force to examine information col- Second, a requirement for each agen- tary amount of reductions or waivers. lection and dissemination, and for other pur- cy to establish a single point of contact Unfortunately, the amended version of poses.’’. for small businesses; H.R. 327 today only includes a require- The SPEAKER pro tempore. Pursu- Third, a requirement for each agency ment for agencies to report this infor- ant to House Resolution 444, the gen- to make further efforts to reduce pa- mation two times. However, if there is tleman from California (Mr. OSE) and perwork for small businesses having practical utility to this information, the gentleman from Massachusetts fewer than 25 employees; this Federal agency reporting require- Fourth, a requirement for each agen- (Mr. TIERNEY) each will control 30 min- ment can and should be continued. cy to submit two reports, each with utes. H.R. 327 amends the Paperwork Re- The Chair recognizes the gentleman data for a 1-year period on enforcement duction Act, which is the successor to actions in which a civil penalty was as- from California (Mr. OSE). the Federal Reports Act of 1942, which sessed and the penalty amounts re- began the requirement for OMB ap- GENERAL LEAVE duced or waived for small businesses; proval before paperwork could be im- Mr. OSE. Mr. Speaker, I ask unani- Fifth, establishment of an inter- posed on nine or more members of the mous consent that all Members may agency task force to study stream- have 5 legislative days within which to lining of paperwork requirements for public. The 1980 Paperwork Reduction revise and extend their remarks on small businesses. Act, which established the Office of In- H.R. 327. Under the amended version of H.R. formation and Regulatory Affairs in The SPEAKER pro tempore. Is there 327, this task force will identify ways the office of OMB, began by stating: objection to the request of the gen- to integrate the collection of informa- ‘‘Information needed by Federal agen- tleman from California? tion across Federal agencies and pro- cies shall be obtained with a minimum There was no objection. grams and will examine the feasibility burden upon business enterprises, espe- Mr. OSE. Mr. Speaker, I yield such of requiring the agencies to consolidate cially small business enterprises, and time as I may consume. reporting requirements in order that other persons required to furnish the Mr. Speaker, H.R. 327, the Small each small business may submit all in- information, and at a minimum cost to Business Paperwork Relief Act, was in- formation required by the agency to the government.’’ The 1995 reauthoriza- troduced by Committee on Government one point of contact at the agency, in tion of the Paperwork Reduction Act Reform Chairman Burton on January a single format or using a single elec- set 10 percent and 5 percent goals for 31, 2001. This good government bill con- tronic reporting system, and with syn- paperwork reduction each year from tinues congressional efforts to stream- chronized reporting. 1996 to 2001. line and reduce paperwork burdens on During the May 21 Senate floor de- OMB’s most recent estimate of Fed- small businesses. On March 15, 2001, the bate on the amended version of H.R. eral paperwork burden on the public is House passed H.R. 327 by a 418 to 0 327, Senator JOE LIEBERMAN inserted in 7.7 billion hours annually, at a cost of vote. On December 17 the Senate the Senate record a document, coau- $230 billion per year. Despite the statu- passed Senator VOINOVICH’s companion thored by Senator VOINOVICH, entitled, tory requirements for annual reduc- bill, S. 1271, by unanimous consent. On ‘‘H.R. 327: Consensus Amendment, Pur- tions in paperwork burden, there have May 22 of this year, the Senate passed poses and Summary, Section-by-Sec- actually been annual increases in pa- an amended version of H.R. 327 by tion Description, and Legislative His- perwork in each of the last 6 years, unanimous consent. tory.’’ This document constitutes only from 1996 to 2001. OMB’s April 2002 re- During the 105th and 106th Con- part of the legislative history of the port to Congress entitled ‘‘Managing gresses, the Committee on Government amended version of H.R. 327. Information Collection and Dissemina- Reform reported out bills that passed The task force will also examine the tion: Fiscal Year 2002,’’ does not iden- the House by 267 to 140 and 274 to 151. benefits to small businesses of pub- tify any interagency efforts to stream- lishing a list of information collections line paperwork requirements on small b 1330 organized by the North American In- businesses. Also, although Congress re- Those bills were H.R. 3310 and H.R. dustrial Classification System codes or quired OMB to provide an analysis of 391, respectively. These earlier bills in- in another manner by which small impacts of Federal regulation on small cluded additional provisions relating to businesses can more easily identify re- business, OMB’s December 2001 report the waiver of sanctions for first-time quirements with which they are ex- entitled ‘‘Making Sense of Regulation: violations of small businesses of Fed- pected to comply. 2001 Report to Congress on the Costs eral paperwork requirements. During Last October, the subcommittee pro- and Benefits of Regulations and Un- the May 21, 2002, Senate floor debate on vided OMB with a road map for OMB to funded Mandates on State, Local, and the amended version of H.R. 327, Demo- easily prepare such a NAICS code list- Tribal Entities,’’ devotes less than one cratic cosponsor Senator BLANCHE LIN- ing, which will be printed in the page to the impact of Federal regu- COLN stated, ‘‘Our thought behind sus- RECORD at the end of my statement. latory and paperwork burdens on small pending fines for first-time violators In addition, later in this debate, I businesses. was that a majority of small business will engage in a colloquy with the H.R. 327 has been endorsed by the owners who neglect to file a certain chairman of the Committee on Small United States Chamber of Commerce, form are simply overwhelmed with pa- Business, the gentleman from Illinois National Association of Manufacturers, perwork and don’t realize their error. (Mr. MANZULLO), about the utility of a National Federation of Independent We thought that small business owners NAICS-code listing. Business, National Small Business

VerDate 11-MAY-2000 02:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.010 pfrm09 PsN: H18PT1 H3626 CONGRESSIONAL RECORD — HOUSE June 18, 2002 United, Small Business Coalition for tion for all currently-approved information not be changed by the agencies. Alter- Regulatory Relief, Small Business Leg- collections at the same time as NAICS codes natively, OMB could ask the agencies to e- islative Council, Small Business Sur- information. Alternatively, the agencies mail the information (in a format calling vival Committee, Academy of General could be asked to provide this information only for the 8-digit OMB number and then only for new agency requests for OMB ap- the NAICS information) for OMB’s con- Dentistry, Agricultural Retailers Asso- proval under the Paperwork Reduction Act. tractor to merge into the OMB database. ciation, American Farm Bureau Fed- First, examine the 16 other items on the SF– OMB does not second guess the agency input eration, American Road and Transpor- 83 (Rev. 9–80) which were deleted, including for other items (such as #11, affected public) tation Builders Association, Associated #4 (3-digit functional code, which is used in on the OMB–83–I (Rev. 10/95) so OMB should Builders and Contractors, Associated Executive and Legislative Branch budg- not be required to verify the accuracy of General Contractors, Automotive Parts eting). The software for some of these items agency input for NAICS information. and Service Alliance, Food Marketing was also previously developed. However, 8. Quality control. Have the contractor some were previously only textual fields, perform edit checks on the consolidated Institute, GrassRoots Impact, Inc., Na- such as #28 (authority for agency for infor- (agency-provided) new information in OMB/ tional Association of Convenience mation collection—indicate statute, regula- OIRA’s paperwork database (as determined Stores, National Automobile Dealers tion, judicial decree, etc.). Since 1980, the in step #3 above) and test each of the links Association, National Business Asso- Regulatory Information Service Center from OMB’s webpage to each of the agency’s ciation, National Pest Management As- (RISC) has made some progress in coding webpages. sociation, National Restaurant Asso- some of this information. 3. Data specifications. After #1 and #2 are Mr. Speaker, I reserve the balance of ciation, Nation Roofing Contractors settled, outline the data specifications for a my time. Association, National Tooling and Ma- computer contractor. After the contractor is Mr. TIERNEY. Mr. Speaker, I yield chining Association, North American on-board for the project, OIRA should work myself such time as I may consume. Equipment Dealers Association, and with him to design the data format and a Mr. Speaker, I would like to thank the Society of American Florists. minimum number of data edits. For exam- the gentleman from California (Mr. Small businesses are particularly ple, the contractor probably does not need to OSE), the chairman of the sub- hurt by regulatory and paperwork bur- check if each 3-digit (or whatever level is committee, and the Senate Govern- den. In an October 2001 report, the chosen) NAICS code entered by an agency is mental Affairs Committee for their a valid one but the contractor probably Small Business Administration esti- should check that there is some NAICS in- willingness to negotiate the amend- mated that it cost large firms, those formation for every data collection which ments to H.R. 327 that we are consid- with over 500 employees, $4,463 per em- significantly impacts on small entities ering today. ployee to comply with Federal regu- (OMB–83–I #5) or which affects business or H.R. 327 is a substantial improve- latory and paperwork requirements. other for-profits or farms (OMB–83–I #11 b & ment over the small business paper- However, the cost to small busi- d). work bills that were considered by the nesses, those with fewer than 20 em- 4. Output formats. OIRA and the con- House in the last two Congresses. ployees, is nearly 60 percent higher, a tractor also need to design the output for- The controversial penalty provisions mats, including: the OMB webpage which in- staggering $6,975 per employee. Not cludes NAICS information, including links have been removed, and the bill in- only are such costs higher for small to each agency’s consolidated webpage, cludes provisions suggested by the businesses, but they are also much which, at a minimum, should include links Democratic minority that will reduce harder to absorb. Small businesses sim- to each of the agency’s approved forms the paperwork burden on small busi- ply cannot afford to comply with Fed- (available in HTML or read-only PDF for- nesses. eral requirements in the same way that mats) and their accompanying instructions; Mr. Speaker, small businesses are the large businesses can. The high cost of and (2) the full paper-copy listing by NAICS backbone of the economy and are such requirements often makes it im- code. The agency webpages could also in- where the new jobs are being created. clude additional information, such as links However, many small and family- possible for small businesses to expand; to the applicable regulations underpinning it threatens their ability to stay afloat the recordkeeping requirements and any opened businesses spend a great deal of or prevents them from opening in the non-binding guidance documents. Unfortu- their resources learning about and first place. nately, many currently-approved agency complying with applicable laws. During the May 21, 2002, floor debate forms are not yet available on the Internet I am pleased that we are looking at on the amended version of H.R. 327, so this step may require some agency effort, ways to make it easier for small busi- Senator LINCOLN stated, ‘‘I have been which is worthwhile with or without the ad- nesses to understand what information dition of NAICS information. they are required to provide to the gov- told that Federal paperwork burdens 5. Availability. After consultation with the rank just behind taxes and the cost of Hill and interest groups (such as NFIB), OMB ernment and ways to simplify and health care as the top problems facing should decide if all Federal Register publica- streamline the paperwork process. members of the National Federation of tion annually makes sense or just a Federal H.R. 327, as amended, requires OMB Independent Businesses.’’ H.R. 327 Register Notice of Document Availability for to annually produce a list of compli- should result in some needed relief for OMB’s full paper-copy listing. ance assistance resources available to small businesses. 6. Agency training. OIRA (including its small businesses. This list must be Statistical Policy experts) needs to train the STEPS TO ADD NAICS CODES TO OMB/OIRA’S printed in the Federal Register and agencies about NAICS. If agencies are in posted on the Internet. This bill also EXISTING COMPUTERIZED PAPERWORK DATA- doubt which NAICS codes apply, they could BASE call a few of their respondents since busi- requires each agency to establish one 1. NAICS information. Decide what NAICS nesses all know which NAICS code applies to point of contact to act as a liaison with codes information should be included in them since they are routinely asked to pro- small businesses. OMB/OIRA’s existing computerized paper- vide this information by various Federal H.R. 327 requires agencies to make ef- work database. First, examine the SF–83 agencies (e.g., the Census Bureau and the forts to further reduce paperwork re- (Rev. 9–80) item #21 to see if that approach is SEC). quired of businesses with fewer than 25 desirable, especially since the software was 7. Agency input. After OMB and the con- employees. previously developed for it. This item re- tractor have agreed on an approach (in step The bill establishes a task force to quired agencies to indicate up to ten 3-digit #3 above) and the agencies are trained (in SIC codes or to check ‘‘multiple’’ or ‘‘all.’’ step #6 above), OMB needs to ask each agen- make recommendations for electronic Besides deciding on the approach, OMB needs cy with one or more currently approved in- reporting and improving information to decide on the number of NAICS digits— formation collections (i.e., including the dissemination. And H.R. 327 requires the first 2 digits are used for sectors, the 3rd independent regulatory commissions and the agencies to report on the number of en- digit is for sub-sectors, the 4th digit is for in- bank regulatory agencies) to provide the new forcement actions they take and the dustry group, etc.—which would be most use- information—for each of the 7,780 currently- number of instances when they reduce ful for the public to identify applicable pa- approved information collections—in the and waive penalties. perwork and for OMB and the agencies to re- precise format which OMB will be using for Mr. Speaker, 4 years ago we consid- duce duplicative paperwork and paperwork all new agency requests for OMB approval ered similar provisions when the House without any practical utility. under the Paperwork Reduction Act. OMB 2. Other new information. Decide if any could ask agencies to directly input this in- considered H.R. 3310. Unfortunately, other information should be added to OMB/ formation electronically into the database, H.R. 3310 also contained provisions OIRA’s paperwork database so that the agen- with the rest of the data elements in OMB’s that would have prohibited agencies cies could be asked to provide this informa- database kept as read-only items which can- from penalizing businesses for most

VerDate 11-MAY-2000 02:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.046 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3627 first-time information-related viola- will be a colloquy between the chair- of paperwork that they have to deal tions. These provisions would have re- man of the Committee on Small Busi- with on a regular basis. As a matter of moved agency discretion and created a ness and the gentleman from California fact, the cost to a small businessperson safe haven for willful, substantial, and (Mr. OSE), that information that is runs about $7,000 per employee to deal long-standing violations. They were shared with us is, of course, their opin- with the paperwork that faces them strongly opposed by the Clinton admin- ion and is not part of the legislative from the Federal Government. If you istration, labor, environmental, con- history. have got 20 employees, that is a $140,000 sumer, senior citizen, health, trade, H.R. 327 includes a provision sug- burden that you have to deal with, and and firefighter groups, as well as by gested by the gentleman from Vermont it simply is not necessary. some State attorneys general. (Mr. SANDERS) and adopted 4 years ago This legislation is designed to The gentleman from Ohio (Mr. that focuses paperwork reduction on streamline that effort to make sure KUCINICH) and I offered an amendment small businesses with fewer than 25 that small businesspeople do not suffer to address these concerns. However, employees. This amendment helps di- from a tidal wave of paperwork that the amendment failed. rect our efforts to truly small busi- makes the profitability of their busi- Because of the surrounding con- nesses that need our help the most. ness almost impossible. I think my col- troversy, the bill was never considered The definition of small businesses that leagues have covered this very, very in the Senate and we lost the chance to was incorporated into H.R. 327 origi- well. The gentleman from California implement the provisions we are con- nally was so broad that it included nu- (Mr. OSE) has worked very hard on this. sidering today. The bill was resur- merous businesses that many do not The gentleman from Massachusetts rected in the next Congress as H.R. 391. consider small. It included petroleum (Mr. TIERNEY) has as well. I think they The Kucinich amendment, which fixed refineries with up to 1,500 employees, have covered all of the provisions of the controversial provisions, narrowly pharmaceutical companies with up to the bill and the problems we had in failed by a vote of 214–210. Again, be- 750 employees, and banks with up to getting this bill drafted and to the cause the controversial provisions re- $100 million in assets. Thus, the bill floor. mained in the bill, it never became helps most businesses, not just small I would just like to say that it is high law. businesses. Therefore, I believe it is ap- time that we got this job done. If there Mr. Speaker, I am pleased to see that propriate to focus agency efforts on is one thing that small business and H.R. 327 does not include the con- businesses that really are small. business in America needs, it is a re- troversial penalty provisions, and it Mr. Speaker, information collection duction of the amount of paperwork will likely become law. I am pleased to is one of the most important jobs of and regulation that they have to deal say that this version of H.R. 327 in- the Federal Government. It allows the with on a daily basis with the Federal cludes suggestions made by the Demo- government to enforce the law without Government. I believe this is going to cratic minority of the Committee on burdening businesses with in-depth site save them money, it is going to Government Reform. For instance, the investigations. Nevertheless, it is dif- streamline the effort to comply with focus of the bill is on compliance as- ficult for small businesses to fully un- government regulations, and it is a sistance. The bill helps businesses fig- derstand what is required of them. And giant step in the right direction. ure out what information they need to many businesses have expressed frus- All of the small businesspeople in provide to which agencies and makes it tration with the fact that they have America that may be watching this easier for them to provide the informa- provided similar information to more right now, you can take heart. We are tion. than one source in government. moving in the right direction. There is Furthermore, the task force will I believe the government should help a lot more that needs to be done, but make recommendations for imple- small businesses understand their re- this is a great first step. menting interactive systems for infor- sponsibilities and streamline the infor- Mr. Speaker, today we have before us a mation collection requirements and mation collection process. This bill piece of legislation that’s going to help small electronic reporting. This will allow serves both purposes without jeopard- businesses navigate the maze of Federal small businesses to identify applicable izing the underlying protections. Fur- forms that they have to fill out. requirements over the Internet and get thermore, it should help us take advan- This is a serious problem for small busi- immediate feedback on electronic sub- tage of the information age by using nesses. If you talk to any small business missions in order to help ensure that the Internet to gather and disseminate owner, they’ll tell you that Federal regulations, they submit consistent and usable information. These changes have been Federal mandates, and Federal paperwork are data. suggested by numerous sources, includ- a serious burden. It’s hard to figure out what Moreover, the task force will rec- ing the General Accounting Office. rules have to be complied with and what forms ommend ways to strengthen informa- I urge my colleagues to support this have to be filled out. It’s time-consuming and tion dissemination so that agencies can motion. expensive. more efficiently share the information Mr. Speaker, I reserve the balance of Last year, the Small Business Administra- they gather with other agencies and my time. tion estimated that small businesses spend the public. Mr. OSE. Mr. Speaker, I am pleased close to $7,000 per employee on Federal pa- to yield 6 minutes to the gentleman perwork. Think about that—$7,000 per em- b 1345 from Indiana (Mr. BURTON), the distin- ployee. For a company that has 20 employ- In addition, the original bill required guished chairman of the Committee on ees, that’s $140,000. That’s a serious drain on agencies to provide an annual list of Government Reform. the resources of a small business. paperwork requirements by statistical (Mr. BURTON of Indiana asked and When we passed the Paperwork Reduction code. However, this list likely would was given permission to revise and ex- Act many years ago, the goal was to reduce not be used by small businesses, and it tend his remarks.) the Federal paperwork burden. Unfortunately, would merely provide a statistical Mr. BURTON of Indiana. Mr. Speak- it hasn’t been very successful. Over the last analysis of the quantity of information er, I thank the gentleman for yielding six years, the paperwork burden on the Amer- regulations. time. ican people has not shrunk—it’s grown every Mr. Speaker, the purpose of this bill Let me start off by thanking the gen- year. is not to count regulations, but to help tleman from Massachusetts (Mr. This bill isn’t going to reverse that tide all by small businesses understand and com- TIERNEY), the gentleman from Cali- itself. But I think it will help small businesses ply with the information collection re- fornia (Mr. OSE) and the gentleman cope with the problems they’re having. It will quirements. The bill directs a task from California (Mr. WAXMAN) who give them more resources so they can get as- force to study the feasibility of such a worked with me to get this piece of leg- sistance when they need it. list and whether such a list would actu- islation to the floor. This is an ex- This bill requires every Federal agency to ally benefit small businesses. And the tremely important piece of legislation have a single point of contact for small busi- bill requires a useful annual list of because if there is one thing that small nesses. If a small businessman in Indiana or compliance assistance resources. While businesspeople across the country are Ohio doesn’t understand what forms he has to I understand, Mr. Speaker, that there very chagrined about, it is the amount fill out, there should be one office in each

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\K18JN7.047 pfrm09 PsN: H18PT1 H3628 CONGRESSIONAL RECORD — HOUSE June 18, 2002 agency where he can pick up the phone and nesses are to our economy. They’re the life- Business Paperwork Relief Act as get help. This bill does that. blood of our economy. amended by the Senate. The bill rep- It requires the Office of Management and So any time we have an opportunity to de- resents the first effort in reducing the Budget to post on its website every year an velop legislation that will make it a little easier paperwork burdens that are swamping up-to-date list of all of the resources that are to deal with the Federal bureaucracy, we millions of small businesses. If we can available to help small businesses with paper- should do it. That’s what this bill is meant to get them out from under this deluge, work problems. do. It won’t make all the problems that small they can devote themselves to hiring It requires every Federal agency to make businesses face go away, but it’s a good start. workers, investing in capital, moving additional efforts to reduce paperwork for the We’re going to continue to look for opportuni- the economy forward and cooking spa- smallest businesses—businesses with fewer ties to pass legislation that will help small ghetti, which is what my brother does than 25 employees. businessmen and women. in his Italian restaurant. The gen- This bill sets up an inter-agency task force. I urge all of my colleagues to support this tleman from Maine (Mr. BALDACCI) This task force will develop a plan to consoli- good piece of legislation. does the same thing. date reporting requirements and make them Mr. TIERNEY. Mr. Speaker, I yield Cooks would rather make spaghetti more uniform. Many small businesses have to such time as he may consume to the sauce than fill out Federal forms. One report the same information to several dif- gentleman from Maine (Mr. BALDACCI). of the reasons for this bill is to allow ferent agencies. We should have a system Mr. BALDACCI. Mr. Speaker, I would the chefs to spend more time cooking that would allow a small businessman to sub- like to thank the gentleman from Mas- Italian food at our restaurants as op- mit that information once, in electronic form. sachusetts for his leadership on this posed to filing all these stupid govern- That would be the job of this task force. issue and helping to bring this very im- ment forms. People do not go to chef It would also look at whether we could have portant piece of legislation to the school to fill out forms. They go there interactive reporting systems, so businesses floor. This is something that concerns to make people happy, to present a could get immediate feedback if there is a an awful lot of small businesses in the good balance of herbs and spices, to be problem. These things would be very valuable State of Maine. I know how crucial it able to know what is on the menu, to is. Over 97 percent of the businesses are to small businesses around the country. be able to change the menu according Last but not least, this bill would require represented by small businesses in our to people’s tastes. But when all the Federal agencies to report to Congress on the State. We have over 40,000 of them in chefs in the small restaurants and all penalties they impose on individuals and small all. These enterprises face a maze of the like-minded small businesspeople regulations and requirements that im- businesses. They would be required to file two in the country have to fill out papers pose a heavy burden in time and ex- annual reports on the number of civil actions for the Federal Government, then they pense. The Federal Government alone they take, the number of those actions that spend too much time doing that. has over 7,000 forms that are required were taken against small businesses, the Twenty years after the passage of the for one activity or another. State and number of times they’ve reduced penalties im- Paperwork Reduction Act, there is no local regulations add a further layer of posed by the agency, and the number of pen- evidence that the government has re- almost equal complexity and cost. How alties that were reduced specifically on small duced the amount of paperwork on can small businesses compete, innovate businesses. small business. Dr. John Graham, who and grow to their fullest potential We’ve never had that kind of information be- is the current Administrator of the Of- when they have to devote so much time fore. We need to get a better handle on how fice of Information and Regulatory Af- and energy and resources just to fig- many penalties are being imposed on small fairs, and who is doing a great job, has uring out what forms to fill out? begun efforts to reduce paperwork bur- businesses, and for what kind of offenses. I know how difficult this situation is These reports will help us do that. dens. Even with these efforts, the Fed- for small businesses. I know because I eral Government still requires the fil- When we first started working on this bill am a small business owner myself, and several years ago, we had a provision that re- ing of more than 7,700 forms resulting I have personally experienced the frus- in nearly 66 million responses with a quired agencies to waive first-time penalties tration of trying to navigate the sys- against small businesses for inadvertent pa- total burden of more than 7.5 billion tem. I do believe that the innovations man-hours. These paperwork burdens perwork errors. I thought that was a very good in this bill will make the process easi- idea. It was approved twice in the House. Un- annually cost Americans at least $61 er. It will make compliance assistance billion. Convenience stores that sell fortunately, we couldn’t get it passed in the resources more readily available. It gasoline may have to prepare as many other body. We tried for about three years, will require agencies to find ways to as 46 different forms accompanied by and it just wasn’t doable. So we compromised. further reduce paperwork for smaller 250 pages of instructions. Physicians Nobody got everything they wanted in this businesses. And it will establish a sin- seeking to provide service under the bill—but it’s a good compromise. These re- gle point of contact for small busi- Medicare program send a 30-page appli- ports on penalties being imposed on small nesses in each of the Federal agencies, cation to CMS, while private insurers businesses will give us more information and something that is sorely needed. enroll physicians after a one-page ap- help us understand what’s happening. Mr. Speaker, this bill is a good start. plication. We’ve worked very hard with Members of I look forward to bringing this assist- We ask ourselves, is all of this infor- both bodies to get to this point. I want to thank ance to small businesses. However, as mation for small business necessary? my friends on the Government Reform Com- we all know, there is more work that Will the government find the informa- mittee, Mr. OSE, Mr. WAXMAN, and Mr. we need to do. We need to find ways to tion useful? Can the government obtain TIERNEY for working with me to get this bill help agencies to better coordinate their the necessary information in a less done. efforts both at the Federal level and burdensome way? The Small Business I also want to thank our friends in the other between the State and local levels to Paperwork Relief Act will initiate a body for their assistance—particularly Senator make these services more seamless. process to help answer these questions. LIEBERMAN, Senator VOINOVICH and Senator Ideally, we should have a single point Mr. Speaker, I would like to engage THOMPSON. We couldn’t have gotten to this of contact for all small business so in a colloquy with the gentleman from point without their help. they can quickly and easily find what California (Mr. OSE), the chairman of Let me conclude by saying this—I was a they need. Small businesses do not the Subcommittee on Energy Policy, small businessman before I came to Con- have the resources of big corporations, Natural Resources and Regulatory Af- gress. Mr. OSE was a small businessman be- but they should have the same chance fairs. fore he came to Congress. Many Members of to compete. Mr. OSE. Mr. Speaker, will the gen- the House ran their own businesses before This bill is a good step towards hav- tleman yield? they decided to run for Congress. We under- ing a level playing field. I urge my col- Mr. MANZULLO. I yield to the gen- stand how difficult it is to start your own busi- leagues to support this legislation. tleman from California. ness, and to make it successful. We under- Mr. OSE. Mr. Speaker, I yield such Mr. OSE. I am happy to engage in a stand how difficult it is to comply with Federal time as he may consume to the gen- colloquy with the gentleman from Illi- mandates and Federal tax laws, and to make tleman from Illinois (Mr. MANZULLO). nois, who is the distinguished chair- sure you’ve filled out the right forms. And we Mr. MANZULLO. Mr. Speaker, I rise man of the Committee on Small Busi- also understand how important small busi- today in support of H.R. 327, the Small ness.

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.013 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3629 Mr. MANZULLO. I thank the gen- Mr. TIERNEY. Mr. Speaker, I yield Mr. MANZULLO. I yield to the gen- tleman from California for agreeing to myself such time as I may consume, tleman from California. engage in this colloquy. I think it is just to briefly say that the record Mr. OSE. Mr. Speaker, I thank the absolutely imperative that the task should reflect, Mr. Speaker, that that gentleman for coming back to the po- force created by the bill obtains input colloquy, of course, reflects the per- dium to address this issue and for rais- from the small business community. I sonal opinions of the two Representa- ing this critical point. I believe that am sure the gentleman from California tives involved and is not the opinion of the information should be organized by agrees. the committee as a whole or of the NAICS codes. Otherwise a small busi- Mr. OSE. I concur with the gen- House, and also just to indicate that ness searching for information on its tleman from Illinois. I cannot under- small businesses, and this will put the paperwork burdens might not find the stand how a task force that is designed gentleman’s mind at ease, I think, information most applicable to its to reduce the paperwork burdens on small businesses certainly are included business. By using NAICS codes, res- small businesses could accomplish its in the process through the provision taurants could easily find information goal without obtaining input from the for public comment of the task force relevant for restaurants, not informa- small businesses that are buried by draft report. This committee and the tion for steel manufacturers. Federal reporting and recordkeeping committees over in the Senate did a lot In conclusion, I fully agree with the requirements. of time negotiating out the resulting gentleman from Illinois on this point, Mr. MANZULLO. I thank the gen- provisions of this bill, and we are and I thank him for helping me make tleman from California for clarifying pleased with that. It has come to a gen- it part of the record. that issue. I also note that the bill eral agreement that I believe is going Mr. TIERNEY. Mr. Speaker, I yield would require that the Office of Man- to pass in the form that is printed. myself such time as I may consume. agement and Budget, OMB, publish in Mr. Speaker, I reserve the balance of Mr. Speaker, I in no way intended to the Federal Register and make avail- my time. imply that this colloquy would not ap- able on the Internet an annual listing PARLIAMENTARY INQUIRY pear on the Journal. However, it will of the compliance assistance resources Mr. OSE. Mr. Speaker, I just want to not be part of the history of this par- available to small businesses. I agree be sure that I am clear in terms of my ticular bill, having come through com- that this would make the information colloquy with the gentleman from Illi- mittees and subcommittees and been more accessible. However, I believe nois (Mr. MANZULLO) in the sense that negotiated. I daresay that there was no part of that more can be done. I think that we did enter it into the RECORD, and it OMB should establish a link on its is going to show up in the Journal and that colloquy to which the minority Website to each agency’s single point what have you, and it will be a part of was privy. They were not given the of contact. Each agency’s Website the legislative record as a part of the courtesy of an advance copy of that would then have links to each relevant recorded record that the colloquy through the subcommittee. I paperwork required for small busi- transcriptionists and others are taking do not know what the reason for that nesses. I would like the opinion of the part in, just to clarify that point. was, but certainly I do not want to gentleman from California on this The SPEAKER pro tempore (Mr. leave it with the public or the Speaker point. BONILLA). The gentleman is correct. All the impression that that was part of Mr. OSE. I agree with the gentleman of the exchange as spoken between the legislative history, the negotia- from Illinois. The bill is intended to both gentlemen will be recorded. tions between the subcommittees, the make information available in a user- Mr. OSE. Mr. Speaker, I yield 2 min- committees, the Senate or the House, friendly format, which means making utes to the gentleman from Illinois in having the bill come before us. it easy for small businesses to find the (Mr. MANZULLO). We inadvertently left I would also like to clarify a point relevant paperwork requirements on out a couple of items of the record that that was made by my colleagues during the Internet. That would include pro- we are attempting to establish here. their little discussion, and that is that viding appropriate links on the Office Mr. MANZULLO. Mr. Speaker, I am the task force is required to consider of Management and Budget’s Website sorry that I left out a point in our col- whether publishing a list of the infor- to the single points of contact estab- loquy that is quite important. mation collection requirements appli- lished by the bill. In addition, I would Finally, I would like to clarify one cable to small businesses would actu- expect links on the Office of Manage- point. H.R. 327 as introduced required ally be feasible and would actually help ment and Budget’s Website to other OMB to annually publish a list of re- small businesses. This bill does not re- general access points, such as the quirements applicable to small busi- quire publication of a list. FirstGov Website and the Small Busi- nesses organized by North American The task force should also consider ness Administration’s Website. Industrial Classification System, different opinions for organizing such a I look forward to working with the NAICS, codes and industrial/sector de- list if they find it would be feasible and distinguished gentleman from Illinois scription. In the amended version of beneficial to small businesses. The bill to ensure that Federal agencies provide H.R. 327 as passed by the Senate, this leaves it up to the task force to con- appropriate links to this critical infor- requirement is modified substantially. sider whether any such list should be mation. organized by NAICS codes or in some 1400 Mr. MANZULLO. I thank the gen- b other manner that makes it easier for tleman from California for clarifying Instead of requiring OMB to annually small businesses to identify applicable that issue. I also note that the amend- publish such a listing, it allows the requirements. ed bill is silent on reducing the fre- task force to examine the feasibility Some people are concerned that such quency of small business reporting and benefits to small businesses of pub- a list will be too unwieldy for anyone which would lessen paperwork burdens lishing lists organized by NAICS code, to use, and because businesses do not on small businesses. Since H.R. 327 is industrial/sector description, or in an- fit neatly into precise categories, busi- primarily intended to reduce paper- other manner by which small busi- nesses will still have to figure out work burdens, should not OMB, the nesses can more easily identify re- which requirements listed for a given agencies and the task force consider re- quirements with which they are ex- category actually apply to them. So we ducing periodicity wherever possible? pected to comply. have asked the task force to look at Mr. OSE. I agree with the gentleman I would ask the gentleman from Cali- and see if this would be helpful and to from Illinois that reducing reporting fornia (Mr. OSE), is it your opinion that report back to us. frequency would be an effective way to the best method for classifying the in- The key point here is that the bill help small businesses. To ensure no un- formation remains by NAICS codes be- clearly leaves it up to the task force to intended consequences under the Pa- cause that would enable small busi- consider whether publishing any such perwork Reduction Act, any proposed nesses to best identify the paperwork list makes sense, and, if so, to deter- changes in periodicity would be subject burdens associated with their busi- mine what would be the best way to or- to public notice and comment. nesses? ganize it. It would then be up to Con- Mr. MANZULLO. I thank the gen- Mr. OSE. Mr. Speaker, will the gen- gress to consider the task force find- tleman for entering into the colloquy. tleman yield? ings, colloquies notwithstanding.

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.050 pfrm09 PsN: H18PT1 H3630 CONGRESSIONAL RECORD — HOUSE June 18, 2002 Mr. Speaker, I reserve the balance of is not a faulty business plan or a poor Mr. OTTER. Mr. Speaker, I thank the my time. economy, but the paperwork and re- chairman of our subcommittee for Mr. OSE. Mr. Speaker, I yield 4 min- porting requirements that the Federal yielding me time, and I also thank him utes to the gentleman from Indiana Government imposes. for the leadership that he has shown in (Mr. PENCE). I urge all of my colleagues today to an effort to reduce not just the paper- Mr. PENCE. Mr. Speaker, I thank the stand by those who make their daily work, but all the burdensome govern- gentleman for yielding me time. trek into work, to stand by the small ment regulations on all of our small Mr. Speaker, I rise in strong support business owner, and make it today just businesses, and, in fact, on the private of the Small Business Paperwork Re- a little bit less burdensome. Pass the sector in general. lief Act. Paperwork Relief Act. We already know and we have heard Mr. Speaker, I serve as chairman of Mr. TIERNEY. Mr. Speaker, I reserve many of the virtues and the merits the Subcommittee on Regulatory Re- the balance of my time. that this H.R. 327 is going to provide form and Oversight of the Committee Mr. OSE. Mr. Speaker, I yield 3 min- for the private sector. I am hopeful, on Small Business, and I have spent utes to the gentlewoman from West Mr. Speaker, that this is simply the countless hours listening to small busi- Virginia (Mrs. CAPITO). first in an evolutionary process that we nesses of America plead with Congress Mrs. CAPITO. Mr. Speaker, I thank will have in reducing many more of the to restrain the egregious rulemaking my colleague from California for his burdensome regulations not only on and paperwork requirements of Federal leadership on this issue. paperwork, but of the other rules and Mr. Speaker, I rise today and urge all agencies. regulations that we have on the private of my colleagues to support H.R. 327, Small businesses, as we all know, Mr. sector, and especially the small busi- the Small Business Paperwork Relief Speaker, are on the front lines every nesses. Act. This plan has the ability to really day dealing with the real-world impli- The U.S. Small Business Administra- fuel our economy to new heights by re- cations of overzealous bureaucrats that tion Office of Advocacy recently issued ducing the costs and improving the lev- seldom take into consideration the im- a report called The Impact of Regu- els of efficiencies for our small busi- pact of their rules on the small busi- latory Costs on Small Firms. In this nesses, thereby allowing them to ex- ness sector. Despite the fact that small report it is stated, ‘‘To comply with businesses account for 50 percent of pand and create new jobs. In my home State of West Virginia, Federal regulations, Americans spent America’s employers and two-thirds to over 80 percent of our businesses are $843 billion in the year 2000. Had every three-quarters of net new jobs in the small businesses. In our State, good household received a portion of that United States, few people inside the jobs are at a premium, and economic bill,’’ every family received a propor- Federal Government are listening on growth is our continual goal. This plan tional share of that bill, each house- an average day. Federal regulation will support our State and other States hold, it would have cost $8,164, each continues to balloon, costing small in their goal to reach for more job cre- household. businesses with fewer than 20 employ- ation and a stronger economy by help- I submit, Mr. Speaker, that it did ees $6,975 per employee to comply. ing small businesses thrive and perhaps cost each and every one of those house- The Small Business Paperwork Relief even helping a small business begin. holds $8,164. Of course, that is to be Act will, Mr. Speaker, help small busi- Mr. Speaker, small business has al- added to the $19,613 that the Federal nesses face the regulatory burden ways been and will continue to be the revenuers already collect from each placed upon them by requiring that key to the American dream, but by and every household. compliance assistance resources be erecting and ignoring the government Why do I say that the households made available on the Internet. It will barriers that hinder the success of themselves had to pay $8,164 each? Be- require that agencies have a single pa- small business, this slows the creation cause, Mr. Speaker, all you can do perwork point of contact for small and stifles growth. when you have a cost accruing from businesses, and that agencies make We have heard a lot of figures today, the government to a business and to a greater strides to reduce paperwork but I have a new one. According to re- value-added product is pass that on to burdens on small businesses. H.R. 327 cent figures by the Office of Manage- the customer. So we politicians sit will also require the establishment of a ment and Budget, American businesses down here and we pontificate about task force to study streamlining re- spend 7.7 million hours each year com- how we are not going to tax the people, porting requirements for small busi- plying with Federal paperwork at an we are not going to make the people nesses. astounding cost of $230 billion a year. obey the regulations, we are just going Mr. Speaker, nowhere is that paper- Just think how many additional people to make the businesses do it. work burden more evident than in the could be employed or how many addi- And, quite frankly, businesses pay no Environmental Protection Agency. My tional health benefits could be afforded taxes. Those that do go bankrupt. subcommittee recently held a hearing with that much money. There is all kinds of lists of those. But on the EPA’s TRI Lead rule. This was Passing the Small Business Paper- who does pay the taxes are the tax- a classic case of an executive agency work Relief Act will free the hands of payers. They are the ones that pay the subverting the regulatory reform meas- our small business owners by removing taxes, each and every one. You want to ures that have been put in place over the unnecessary regulations that pre- increase the price of Idaho french fries? the years. vent them from doing things that I Tomorrow morning I will guarantee all For example, the EPA failed to do a have mentioned, offering expanded the french fry joints in this great Na- proper analysis of its impact on small health benefits, employing new em- tion of ours you will see the price of businesses, they failed to do an inde- ployees. All these things could be done french fries go up, because businesses pendent peer review of the science be- with the cost they expend on filling out have to collect those taxes. hind the rule, and they failed to do the mountains of paperwork. But it is the sleight of hand. It is the proper small business outreach. All of We need to work quickly and pass shadowy little area that we always this will result in a cost of over $80 this so that our constituents will not deal in with rules and regulations and million per year to small businesses, be cheated and our economy will not be taxes in this Congress. and the paperwork regulation that will stifled by depriving our businesses of Let us be honest with ourselves and follow will not in any way reduce the many talented and capable workers. I let us tell these folks that not only are lead released into our environment. urge my colleagues to recognize the we giving the small businesses relief This simply cannot continued. Amer- tremendous benefits of this plan and to from the paperwork burden, but we are ica’s small business owners are suf- pass H.R. 327. giving the taxpayers, the purchasers, fering death by 1,000 paper cuts. They Mr. TIERNEY. Mr. Speaker, I reserve the consumers, those who would con- go into work every day armed with the the balance of my time. sume the services and the value-added entrepreneurial spirit, with the goal of Mr. OSE. Mr. Speaker, I am pleased goods from our small businesses in this building a business that will be suc- to yield 3 minutes to the gentleman country, we are giving them the relief cessful, and what they have found is from Idaho (Mr. OTTER), the vice chair- as well. I think you will see how much one of their largest obstacles to success man. more competitive we can become in

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.052 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3631 this world marketplace for all of our mittee and for the ranking member in The SPEAKER pro tempore. Evi- products with this bill. sitting down and working out the dif- dently a quorum is not present. I would encourage all my colleagues ferences that existed on this bill and The Sergeant at Arms will notify ab- to join the rest of us and pass H.R. 327. allowing it to move forward in an expe- sent Members. Mr. TIERNEY. Mr. Speaker, I yield ditious fashion. To that list I would ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE myself such time as I may consume. like to add my compliments to the gen- Mr. Speaker, I have no further re- tleman from Massachusetts (Mr. The SPEAKER pro tempore. Pursu- ant to clause 8 of rule XX, following quests for time. I would just like to TIERNEY), who was kind enough to host make a comment in closing, and that is me in his district yesterday and for the vote on this motion, the Chair will I think we are doing the exact right which I am grateful. put the question on motions to suspend the rules and on the approval of the thing here today in passing this Small b 1415 Business Paperwork Relief Act. But I Journal on which further proceedings would be remiss if I did not respond He has been an able advocate and a were postponed earlier today. Those somewhat to a lot of the hyperbole staunch supporter of trying to bring votes will be taken in the following that we have heard on the other side. some relief to small businesses, and I order: H.R. 4794, by the yeas and nays; Nobody wants small businesses to be am grateful for the opportunity to H.R. 4717, by the yeas and nays; the overburdened with regulations, but cer- work with him in all six of these Journal vote will be de novo. tainly I think in the days of Enron and issues. I do look forward to working The Chair will reduce to 5 minutes Global Crossing and Tyco and right on with all three as this bill moves the time for any electronic vote after down the line, we can all appreciate through the process and future bills the first vote in this series. the damage that has been done in the come before our committee. The vote was taken by electronic de- past couple of decades as we threw reg- Ms. JACKSON-LEE of Texas. Mr. Speaker, vice, and there were—yeas 418, nays 0, ulation after regulation away or loos- small businesses spend millions of hours an- not voting 16, as follows: nually meeting federal paperwork and record- ened them to the point where some cor- keeping requirements. The time and effort [Roll No. 233] porations, particularly large corpora- spent by businesses and taxpayers to meet YEAS—418 tions, have sort of missed their mission paperwork demands are estimated to equal al- Abercrombie Coble Gilchrest and their responsibility to the Amer- most 10% of the nation’s Gross Domestic Ackerman Collins Gillmor ican people. Aderholt Combest Gilman Product. Small businesses spend approxi- In that sense it calls upon govern- Akin Condit Gonzalez mately 7 billion hours annually filling out fed- Allen Cooksey Goode ment to have the kind of governance eral paperwork. This paperwork burden costs Andrews Costello Goodlatte that we have always had in this coun- small businesses over $20 billion annually. Ac- Armey Cox Gordon try, and that is a balanced governance. Baca Coyne Goss cording to the Small business Administration, It is a free market with the hand of Baird Cramer Graham the nation’s small businesses have a dis- Baker Crane Granger government regulation balancing it. proportionate share of the regulatory burden. Baldacci Crenshaw Graves The obvious goal here is to strike H.R. 327, Small Business Paperwork Relief Baldwin Crowley Green (TX) Ballenger Cubin Green (WI) that balance so it does not overburden Act, would ease the regulatory paperwork bur- business, but still protects the people Barcia Culberson Greenwood dens on small businesses. The Act would Barr Cummings Grucci in the way it should and the way they streamline the regulatory paperwork process Barrett Cunningham Gutierrez want it to protect them, whether it is of small business owners and family farmers. Bartlett Davis (CA) Gutknecht about their health, about collecting Barton Davis (FL) Hall (OH) The bill would also require the government to Bass Davis (IL) Hall (TX) taxes that are necessary for public make a list of compliance assistance re- Becerra Davis, Jo Ann Hansen goods and services or so on down the sources available on the Internet and would Bentsen Davis, Tom Harman Bereuter Deal Hart line. require each government agency to establish The nameless or faceless bureaucrats Berkley DeFazio Hastings (FL) a central point of contact for small businesses. Berman DeGette Hastings (WA) that people take to task on the other With small businesses spending an estimated Berry Delahunt Hayes side of the aisle sometimes are people $5,100 per employee to comply with various Biggert DeLauro Hayworth that are working as hard as they can to Bilirakis DeLay Hefley federally mandated paperwork requirements, it Bishop DeMint Herger do the best job that they can do to pro- is essential that we act on this bill. Blumenauer Deutsch Hill vide good public services, and I think Knowing the importance of small businesses Blunt Diaz-Balart Hilleary they should be commended. to our economy and our communities, I be- Boehlert Dicks Hinchey The responsibility lies here. The re- Boehner Dingell Hinojosa lieve that Congress must support small busi- Bonilla Doggett Hobson sponsibility lies in this body to make ness expansion across America. An estimated Bonior Dooley Hoeffel sure that we give them the tools to 25.5 million small businesses a nationwide Bono Doolittle Hoekstra work with as they craft the regula- Boozman Doyle Holden employ more than half the country’s private Borski Dreier Holt tions, that we have the kind of over- work force. They create three of every four Boswell Duncan Honda sight that is necessary to make sure new jobs, and generate a majority of American Boucher Dunn Hooley that when they craft those regulations, innovations. As the backbone of our economic Boyd Edwards Horn they are, in fact, as uncumbersome as Brady (PA) Ehlers Hostettler well-being, all assistance to the growth of Brady (TX) Ehrlich Houghton possible and get right to the point. small businesses is important to ensure our Brown (FL) Emerson Hulshof That is part of what this bill is all economic development. Therefore, I urge my Brown (OH) Engel Hunter Brown (SC) English Hyde about today. I think that is why it will colleagues to support H.R. 327, Small Busi- pass with an overwhelming majority. I Bryant Eshoo Inslee ness Paperwork Relief Act. Burr Etheridge Isakson think we have started to do that job, Mr. OSE. Mr. Speaker, I yield back Burton Evans Israel take on some responsibility and give the balance of my time. Buyer Everett Issa some guidance to the people who craft Callahan Farr Istook The SPEAKER pro tempore (Mr. Calvert Fattah Jackson (IL) those regulations and help small busi- SIMPSON). All time for debate has ex- Camp Ferguson Jackson-Lee nesses, because truly they do need help pired. Pursuant to House Resolution Cannon Filner (TX) to have those regulations apply to help 444, the previous question is ordered. Cantor Flake Jefferson Capito Fletcher Jenkins the American people and them, but The question is on the motion offered Capps Foley John have them do so in the least onerous by the gentleman from California (Mr. Capuano Forbes Johnson (CT) way possible. OSE). Cardin Ford Johnson (IL) Mr. Speaker, I yield back the balance The question was taken; and the Carson (IN) Fossella Johnson, E. B. Carson (OK) Frank Johnson, Sam of my time. Speaker pro tempore announced that Castle Frelinghuysen Jones (NC) Mr. OSE. Mr. Speaker, I yield myself the ayes appeared to have it. Chabot Frost Jones (OH) such time as I may consume. Mr. OSE. Mr. Speaker, I object to the Chambliss Gallegly Kanjorski Mr. Speaker, I want to briefly note vote on the ground that a quorum is Clay Ganske Kaptur Clayton Gekas Keller for the RECORD the deep appreciation I not present and make the point of Clement Gephardt Kelly have for the chairman of the full com- order that a quorum is not present. Clyburn Gibbons Kennedy (MN)

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.053 pfrm09 PsN: H18PT1 H3632 CONGRESSIONAL RECORD — HOUSE June 18, 2002 Kennedy (RI) Nethercutt Shows ing on each additional motion to sus- Kennedy (RI) Nethercutt Shows Kerns Ney Shuster Kerns Ney Shuster Kildee Northup Simmons pend the rules on which the Chair has Kildee Northup Simmons Kilpatrick Norwood Simpson postponed further proceedings. Kilpatrick Norwood Simpson Kind (WI) Nussle Skeen Kind (WI) Nussle Skeen King (NY) Oberstar Skelton f King (NY) Oberstar Skelton Kingston Obey Slaughter Kingston Obey Slaughter Kirk Olver Smith (MI) RONALD C. PACKARD POST OFFICE Kirk Olver Smith (MI) Kleczka Ortiz Smith (NJ) Kleczka Ortiz Smith (NJ) Knollenberg Osborne Smith (TX) BUILDING Knollenberg Osborne Smith (TX) Kolbe Ose Smith (WA) The SPEAKER pro tempore. The Kolbe Ose Smith (WA) Kucinich Otter Snyder Kucinich Otter Snyder LaFalce Owens Solis pending business is the question of sus- LaFalce Owens Solis LaHood Oxley Souder pending the rules and passing the bill, LaHood Oxley Souder Lampson Pallone Spratt H.R. 4794. Lampson Pallone Spratt Langevin Pascrell Stark Langevin Pascrell Stark Lantos Pastor Stearns The Clerk read the title of the bill. Lantos Pastor Stearns Larsen (WA) Paul Stenholm The SPEAKER pro tempore. The Larsen (WA) Paul Stenholm Larson (CT) Payne Strickland question is on the motion offered by Larson (CT) Payne Strickland Latham Pelosi Stump the gentleman from California (Mr. Latham Pelosi Stump LaTourette Pence Stupak LaTourette Pence Stupak Leach Peterson (MN) Sullivan OSE) that the House suspend the rules Leach Peterson (MN) Sullivan Lee Peterson (PA) Sununu and pass the bill, H.R. 4794, on which Lee Peterson (PA) Sununu Levin Petri Sweeney the yeas and nays are ordered. Levin Petri Sweeney Lewis (CA) Phelps Tancredo Lewis (CA) Phelps Tancredo Lewis (GA) Pickering Tanner This is a 5-minute vote. Lewis (GA) Pickering Tanner Lewis (KY) Pitts Tauscher The vote was taken by electronic de- Lewis (KY) Pitts Tauscher Linder Platts Tauzin vice, and there were—yeas 418, nays 0, Linder Platts Tauzin Lipinski Pombo Taylor (MS) not voting 16, as follows: Lipinski Pombo Taylor (MS) LoBiondo Pomeroy Taylor (NC) LoBiondo Pomeroy Taylor (NC) Lofgren Portman Terry [Roll No. 234] Lofgren Portman Terry Lowey Price (NC) Thomas YEAS—418 Lowey Price (NC) Thomas Lucas (KY) Pryce (OH) Thompson (CA) Lucas (KY) Pryce (OH) Thompson (CA) Lucas (OK) Quinn Thompson (MS) Abercrombie Coble Gilchrest Lucas (OK) Quinn Thompson (MS) Luther Radanovich Thornberry Ackerman Collins Gillmor Luther Radanovich Thornberry Lynch Rahall Thune Aderholt Combest Gilman Lynch Rahall Thune Maloney (CT) Ramstad Thurman Akin Condit Gonzalez Maloney (CT) Ramstad Thurman Maloney (NY) Rangel Tiahrt Allen Cooksey Goode Maloney (NY) Rangel Tiahrt Manzullo Regula Tiberi Andrews Costello Goodlatte Manzullo Regula Tiberi Markey Rehberg Tierney Armey Cox Gordon Markey Rehberg Tierney Mascara Reyes Toomey Baca Coyne Goss Mascara Reyes Toomey Matheson Reynolds Towns Baird Cramer Graham Matheson Reynolds Towns Matsui Rivers Turner Baker Crane Granger Matsui Rivers Turner McCarthy (MO) Rodriguez Udall (CO) Baldacci Crenshaw Graves McCarthy (MO) Rodriguez Udall (CO) McCarthy (NY) Roemer Udall (NM) Baldwin Crowley Green (TX) McCarthy (NY) Roemer Udall (NM) McCollum Rogers (KY) Upton Ballenger Cubin Green (WI) McCollum Rogers (KY) Upton McCrery Rogers (MI) Velazquez Barcia Culberson Greenwood McCrery Rogers (MI) Velazquez McDermott Rohrabacher Visclosky Barr Cummings Grucci McDermott Rohrabacher Visclosky McGovern Ros-Lehtinen Vitter Barrett Cunningham Gutierrez McGovern Ros-Lehtinen Vitter McHugh Ross Walden Bartlett Davis (CA) Gutknecht McHugh Ross Walden McInnis Roybal-Allard Walsh Barton Davis (FL) Hall (OH) McInnis Roybal-Allard Walsh McKeon Royce Wamp Bass Davis (IL) Hall (TX) McKeon Royce Wamp McKinney Rush Watkins (OK) Becerra Davis, Jo Ann Hansen McKinney Rush Watkins (OK) McNulty Ryan (WI) Watson (CA) Bentsen Davis, Tom Harman McNulty Ryan (WI) Watson (CA) Meehan Ryun (KS) Watt (NC) Bereuter Deal Hart Meehan Ryun (KS) Watt (NC) Meek (FL) Sabo Watts (OK) Berkley DeFazio Hastings (FL) Meek (FL) Sabo Watts (OK) Meeks (NY) Sanchez Waxman Berman DeGette Hastings (WA) Meeks (NY) Sanchez Waxman Menendez Sandlin Weiner Berry Delahunt Hayes Menendez Sandlin Weiner Mica Sawyer Weldon (FL) Biggert DeLauro Hayworth Mica Sawyer Weldon (FL) Miller, Dan Saxton Weldon (PA) Bilirakis DeLay Hefley Miller, Dan Saxton Weldon (PA) Miller, Gary Schaffer Weller Bishop DeMint Herger Miller, Gary Schaffer Weller Miller, George Schakowsky Wexler Blumenauer Deutsch Hill Miller, George Schakowsky Wexler Miller, Jeff Schiff Whitfield Blunt Diaz-Balart Hilleary Miller, Jeff Schiff Whitfield Mink Schrock Wicker Boehlert Dicks Hinchey Mink Schrock Wicker Mollohan Scott Wilson (NM) Boehner Dingell Hinojosa Mollohan Scott Wilson (NM) Moore Sensenbrenner Wilson (SC) Bonilla Doggett Hobson Moore Sensenbrenner Wilson (SC) Moran (KS) Serrano Wolf Bonior Dooley Hoeffel Moran (KS) Serrano Wolf Morella Sessions Woolsey Bono Doolittle Hoekstra Morella Sessions Woolsey Murtha Shadegg Wu Boozman Doyle Holden Murtha Shadegg Wu Myrick Shaw Wynn Borski Dreier Holt Myrick Shaw Wynn Nadler Sherman Young (AK) Boswell Duncan Honda Nadler Sherman Young (AK) Napolitano Sherwood Young (FL) Boucher Dunn Hooley Napolitano Sherwood Young (FL) Neal Shimkus Boyd Edwards Horn Neal Shimkus Brady (PA) Ehlers Hostettler NOT VOTING—16 Brady (TX) Ehrlich Houghton NOT VOTING—16 Bachus Millender- Roukema Brown (FL) Emerson Hulshof Bachus Millender- Roukema Blagojevich McDonald Sanders Brown (OH) Engel Hunter Blagojevich McDonald Sanders Conyers Moran (VA) Shays Brown (SC) English Hyde Conyers Moran (VA) Shays Hilliard Putnam Traficant Bryant Eshoo Inslee Hilliard Putnam Traficant Hoyer Riley Waters Burr Etheridge Isakson Hoyer Riley Waters McIntyre Rothman Burton Evans Israel McIntyre Rothman Buyer Everett Issa b 1440 Callahan Farr Istook b 1450 Calvert Fattah Jackson (IL) So the motion was agreed to. Camp Ferguson Jackson-Lee So (two-thirds having voted in favor The result of the vote was announced Cannon Filner (TX) thereof) the rules were suspended and as above recorded. Cantor Flake Jefferson the bill was passed. Capito Fletcher Jenkins A motion to reconsider was laid on Capps Foley John The result of the vote was announced the table. Capuano Forbes Johnson (CT) as above recorded. f Cardin Ford Johnson (IL) A motion to reconsider was laid on Carson (IN) Fossella Johnson, E. B. the table. ANNOUNCEMENT BY THE SPEAKER Carson (OK) Frank Johnson, Sam PRO TEMPORE Castle Frelinghuysen Jones (NC) f Chabot Frost Jones (OH) The SPEAKER pro tempore (Mr. Chambliss Gallegly Kanjorski JIM FONTENO POST OFFICE SIMPSON). Pursuant to clause 8 of rule Clay Ganske Kaptur BUILDING Clayton Gekas Keller XX, the Chair will reduce to 5 minutes Clement Gephardt Kelly The SPEAKER pro tempore (Mr. the minimum time for electronic vot- Clyburn Gibbons Kennedy (MN) SIMPSON). The pending business is the

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.011 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3633 question of suspending the rules and Markey Pitts Souder ANNOUNCEMENT OF INTENTION TO Mascara Platts Spratt passing the bill, H.R. 4717. Matheson Pombo Stark OFFER MOTION TO INSTRUCT The Clerk read the title of the bill. Matsui Pomeroy Stearns CONFEREES ON H.R. 3295, HELP The SPEAKER pro tempore. The McCarthy (MO) Portman Stenholm AMERICA VOTE ACT OF 2001 McCarthy (NY) Price (NC) Strickland question is on the motion offered by McCollum Pryce (OH) Stump Mr. HASTINGS of Florida. Mr. the gentleman from California (Mr. McCrery Quinn Stupak Speaker, pursuant to clause 7(c) of rule OSE) that the House suspend the rules McDermott Radanovich Sullivan XX, I hereby announce my intention to McGovern Rahall Sununu and pass the bill, H.R. 4717, on which McHugh Ramstad Sweeney offer a motion to instruct conferees on the yeas and nays are ordered. McInnis Rangel Tancredo H.R. 3295 tomorrow. This will be a 5-minute vote. McKeon Regula Tanner The form of the motion is as follows: McKinney Rehberg Tauscher The vote was taken by electronic de- McNulty Reyes Tauzin Mr. HASTINGS of Florida moves that the vice, and there were—yeas 415, nays 0, Meehan Reynolds Taylor (MS) managers on the part of the House at the not voting 19, as follows: Meek (FL) Rivers Taylor (NC) conference on the disagreeing votes of the Meeks (NY) Rodriguez Terry two Houses on the Senate amendments to [Roll No. 235] Menendez Roemer Thomas the bill H.R. 3295 be instructed YEAS—415 Mica Rogers (KY) Thompson (CA) (1) to insist upon the provisions contained Miller, Dan Rogers (MI) Thompson (MS) Abercrombie Culberson Herger Miller, Gary Rohrabacher Thornberry in section 504(a) of the House bill (relating to Ackerman Cummings Hill Miller, George Ros-Lehtinen Thune the effective date for the Federal minimum Aderholt Cunningham Hilleary Miller, Jeff Ross Thurman standards for State election systems); and Akin Davis (CA) Hinchey Mink Roybal-Allard Tiahrt (2) to disagree to the provisions contained Allen Davis (FL) Hinojosa Mollohan Royce Tiberi in section 104(b) of the Senate amendment to Andrews Davis (IL) Hobson Moore Rush Tierney Armey Davis, Jo Ann Hoeffel the House bill (relating to a safe harbor from Moran (KS) Ryan (WI) Toomey the enforcement of the Federal minimum Baca Davis, Tom Hoekstra Morella Ryun (KS) Towns Baird Deal Holden Murtha Sabo Turner standards for State election systems for Baker DeFazio Holt Myrick Sanchez Udall (CO) States receiving Federal funds under the Baldacci DeGette Honda Nadler Sandlin Udall (NM) bill). Baldwin Delahunt Hooley Napolitano Sawyer Upton f Ballenger DeLauro Horn Neal Saxton Velazquez Barcia DeLay Hostettler Nethercutt Schaffer Visclosky TERRORIST BOMBINGS CONVEN- Barr DeMint Houghton Ney Schakowsky Vitter TION IMPLEMENTATION ACT OF Barrett Deutsch Hulshof Northup Schiff Walden Bartlett Diaz-Balart Hunter Norwood Schrock Walsh 2001 Barton Dicks Hyde Nussle Scott Wamp Mr. SENSENBRENNER. Mr. Speak- Bass Dingell Inslee Oberstar Sensenbrenner Watkins (OK) Becerra Dooley Isakson Obey Serrano Watson (CA) er, I ask unanimous consent to take Bentsen Doolittle Israel Olver Sessions Watt (NC) from the Speaker’s table the bill (H.R. Bereuter Doyle Issa Ortiz Shadegg Watts (OK) 3275) to implement the International Berkley Dreier Istook Osborne Shaw Waxman Berman Dunn Jackson (IL) Ose Sherman Weiner Convention for the Suppression of Ter- Berry Edwards Jackson-Lee Otter Sherwood Weldon (FL) rorist Bombings to strengthen criminal Biggert Ehlers (TX) Owens Shimkus Weldon (PA) laws relating to attacks on places of Bilirakis Ehrlich Jefferson Oxley Shows Weller public use, to implement the Inter- Bishop Emerson Jenkins Pallone Shuster Wexler Blumenauer Engel John Pascrell Simmons Whitfield national Convention of the Suppression Blunt English Johnson (CT) Pastor Simpson Wicker of the Financing of Terrorism, to com- Boehlert Eshoo Johnson (IL) Paul Skeen Wilson (NM) bat terrorism and defend the Nation Boehner Etheridge Johnson, E. B. Payne Skelton Wilson (SC) Bonilla Evans Johnson, Sam Pelosi Slaughter Wolf against terrorist acts, and for other Bonior Everett Jones (NC) Pence Smith (MI) Woolsey purposes, with a Senate amendment Bono Farr Jones (OH) Peterson (MN) Smith (NJ) Wu thereto, and concur in the Senate Boozman Fattah Kanjorski Peterson (PA) Smith (TX) Wynn amendment. Borski Ferguson Kaptur Petri Smith (WA) Young (AK) Boswell Filner Keller Phelps Snyder Young (FL) The Clerk read the title of the bill. Boucher Flake Kelly Pickering Solis The Clerk read the Senate amend- Boyd Fletcher Kennedy (MN) ment, as follows: Brady (PA) Foley Kennedy (RI) NOT VOTING—19 Brady (TX) Forbes Kerns Senate amendment: Brown (FL) Ford Kildee Bachus Hoyer Rothman Strike out all after the enacting clause and Brown (OH) Fossella Kilpatrick Blagojevich McIntyre Roukema insert: Conyers Millender- Sanders Brown (SC) Frank Kind (WI) TITLE I—SUPPRESSION OF TERRORIST Bryant Frelinghuysen King (NY) Cooksey McDonald Shays Burr Frost Kingston Doggett Moran (VA) Traficant BOMBINGS Burton Gallegly Kirk Duncan Putnam Waters SEC. 101. SHORT TITLE. Buyer Ganske Kleczka Hilliard Riley This title may be cited as the ‘‘Terrorist Bomb- Callahan Gekas Knollenberg ings Convention Implementation Act of 2002’. Calvert Gephardt Kolbe Camp Gibbons Kucinich b 1457 SEC. 102. BOMBING STATUTE. Cannon Gilchrest LaFalce (a) OFFENSE.—Chapter 113B of title 18, United Cantor Gillmor LaHood So (two-thirds having voted in favor States Code, relating to terrorism, is amended by Capito Gilman Lampson thereof) the rules were suspended and inserting after section 2332e the following: Capps Gonzalez Langevin Capuano Goode Lantos the bill was passed. ‘‘§ 2332f. Bombings of places of public use, gov- Cardin Goodlatte Larsen (WA) The result of the vote was announced ernment facilities, public transportation Carson (IN) Gordon Larson (CT) systems and infrastructure facilities Carson (OK) Goss Latham as above recorded. ‘‘(a) OFFENSES.— Castle Graham LaTourette A motion to reconsider was laid on Chabot Granger Leach ‘‘(1) IN GENERAL.—Whoever unlawfully deliv- Chambliss Graves Lee the table. ers, places, discharges, or detonates an explosive Clay Green (TX) Levin or other lethal device in, into, or against a place Clayton Green (WI) Lewis (CA) f of public use, a state or government facility, a Clement Greenwood Lewis (GA) public transportation system, or an infrastruc- Clyburn Grucci Lewis (KY) ture facility— Coble Gutierrez Linder THE JOURNAL ‘‘(A) with the intent to cause death or serious Collins Gutknecht Lipinski Combest Hall (OH) LoBiondo bodily injury, or Condit Hall (TX) Lofgren The SPEAKER pro tempore. Pursu- ‘‘(B) with the intent to cause extensive de- Costello Hansen Lowey ant to clause 8 of rule XX, the pending struction of such a place, facility, or system, Cox Harman Lucas (KY) business is the question of the Speak- where such destruction results in or is likely to Coyne Hart Lucas (OK) result in major economic loss, Cramer Hastings (FL) Luther er’s approval of the Journal of the last Crane Hastings (WA) Lynch day’s proceedings. shall be punished as prescribed in subsection Crenshaw Hayes Maloney (CT) (c). Crowley Hayworth Maloney (NY) Pursuant to clause 1, rule I, the Jour- ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever Cubin Hefley Manzullo nal stands approved. attempts or conspires to commit an offense

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\K18JN7.059 pfrm09 PsN: H18PT1 H3634 CONGRESSIONAL RECORD — HOUSE June 18, 2002 under paragraph (1) shall be punished as pre- ‘‘(5) ‘infrastructure facility’ means any pub- ‘‘(B) any other act intended to cause death or scribed in subsection (c). licly or privately owned facility providing or serious bodily injury to a civilian, or to any ‘‘(b) JURISDICTION.—There is jurisdiction over distributing services for the benefit of the public, other person not taking an active part in the the offenses in subsection (a) if— such as water, sewage, energy, fuel, or commu- hostilities in a situation of armed conflict, when ‘‘(1) the offense takes place in the United nications; the purpose of such act, by its nature or con- States and— ‘‘(6) ‘place of public use’ means those parts of text, is to intimidate a population, or to compel ‘‘(A) the offense is committed against another any building, land, street, waterway, or other a government or an international organization state or a government facility of such state, in- location that are accessible or open to members to do or to abstain from doing any act, cluding its embassy or other diplomatic or con- of the public, whether continuously, periodi- shall be punished as prescribed in subsection sular premises of that state; cally, or occasionally, and encompasses any (d)(1). ‘‘(B) the offense is committed in an attempt to commercial, business, cultural, historical, edu- ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever compel another state or the United States to do cational, religious, governmental, entertain- attempts or conspires to commit an offense or abstain from doing any act; ment, recreational, or similar place that is so ac- under paragraph (1) shall be punished as pre- ‘‘(C) at the time the offense is committed, it is cessible or open to the public; scribed in subsection (d)(1). committed— ‘‘(7) ‘public transportation system’ means all ‘‘(3) RELATIONSHIP TO PREDICATE ACT.—For ‘‘(i) on board a vessel flying the flag of an- facilities, conveyances, and instrumentalities, an act to constitute an offense set forth in this other state; whether publicly or privately owned, that are subsection, it shall not be necessary that the ‘‘(ii) on board an aircraft which is registered used in or for publicly available services for the funds were actually used to carry out a predi- under the laws of another state; or transportation of persons or cargo; cate act. ‘‘(iii) on board an aircraft which is operated ‘‘(8) ‘explosive’ has the meaning given in sec- ‘‘(b) JURISDICTION.—There is jurisdiction over by the government of another state; tion 844(j) of this title insofar that it is designed, the offenses in subsection (a) in the following ‘‘(D) a perpetrator is found outside the United or has the capability, to cause death, serious circumstances— States; bodily injury, or substantial material damage; ‘‘(E) a perpetrator is a national of another ‘‘(9) ‘other lethal device’ means any weapon ‘‘(1) the offense takes place in the United state or a stateless person; or or device that is designed or has the capability States and— ‘‘(F) a victim is a national of another state or to cause death, serious bodily injury, or sub- ‘‘(A) a perpetrator was a national of another a stateless person; stantial damage to property through the release, state or a stateless person; ‘‘(2) the offense takes place outside the United dissemination, or impact of toxic chemicals, bio- ‘‘(B) on board a vessel flying the flag of an- States and— logical agents, or toxins (as those terms are de- other state or an aircraft which is registered ‘‘(A) a perpetrator is a national of the United fined in section 178 of this title) or radiation or under the laws of another state at the time the States or is a stateless person whose habitual radioactive material; offense is committed; residence is in the United States; ‘‘(10) ‘military forces of a state’ means the ‘‘(C) on board an aircraft which is operated ‘‘(B) a victim is a national of the United armed forces of a state which are organized, by the government of another state; States; trained, and equipped under its internal law for ‘‘(D) a perpetrator is found outside the United ‘‘(C) a perpetrator is found in the United the primary purpose of national defense or secu- States; States; rity, and persons acting in support of those ‘‘(E) was directed toward or resulted in the ‘‘(D) the offense is committed in an attempt to armed forces who are under their formal com- carrying out of a predicate act against— compel the United States to do or abstain from mand, control, and responsibility; ‘‘(i) a national of another state; or doing any act; ‘‘(11) ‘armed conflict’ does not include inter- ‘‘(ii) another state or a government facility of ‘‘(E) the offense is committed against a state nal disturbances and tensions, such as riots, iso- such state, including its embassy or other diplo- or government facility of the United States, in- lated and sporadic acts of violence, and other matic or consular premises of that state; cluding an embassy or other diplomatic or con- acts of a similar nature; and ‘‘(F) was directed toward or resulted in the sular premises of the United States; ‘‘(12) ‘state’ has the same meaning as that carrying out of a predicate act committed in an ‘‘(F) the offense is committed on board a ves- term has under international law, and includes attempt to compel another state or international sel flying the flag of the United States or an air- all political subdivisions thereof.’’. organization to do or abstain from doing any craft which is registered under the laws of the (b) CLERICAL AMENDMENT.—The table of sec- act; or United States at the time the offense is com- tions at the beginning of chapter 113B of title ‘‘(G) was directed toward or resulted in the mitted; or 18, United States Code, is amended by inserting carrying out of a predicate act— ‘‘(G) the offense is committed on board an air- after section 2332e the following: ‘‘(i) outside the United States; or craft which is operated by the United States. ‘‘(ii) within the United States, and either the ‘‘(c) PENALTIES.—Whoever violates this sec- ‘‘2332f. Bombings of places of public use, gov- offense or the predicate act was conducted in, or tion shall be punished as provided under section ernment facilities, public trans- the results thereof affected, interstate or foreign 2332a(a) of this title. portation systems and infrastruc- commerce; ‘‘(d) EXEMPTIONS TO JURISDICTION.—This sec- ture facilities.’’. ‘‘(2) the offense takes place outside the United tion does not apply to— (c) DISCLAIMER.—Nothing contained in this ‘‘(1) the activities of armed forces during an section is intended to affect the applicability of States and— armed conflict, as those terms are understood any other Federal or State law which might per- ‘‘(A) a perpetrator is a national of the United under the law of war, which are governed by tain to the underlying conduct. States or is a stateless person whose habitual residence is in the United States; that law, SEC. 103. EFFECTIVE DATE. ‘‘(2) activities undertaken by military forces of Section 102 shall take effect on the date that ‘‘(B) a perpetrator is found in the United a state in the exercise of their official duties; or the International Convention for the Suppres- States; or ‘‘(3) offenses committed within the United sion of Terrorist Bombings enters into force for ‘‘(C) was directed toward or resulted in the States, where the alleged offender and the vic- the United States. carrying out of a predicate act against— tims are United States citizens and the alleged ‘‘(i) any property that is owned, leased, or TITLE II—SUPPRESSION OF THE used by the United States or by any department offender is found in the United States, or where FINANCING OF TERRORISM jurisdiction is predicated solely on the nation- or agency of the United States, including an em- ality of the victims or the alleged offender and SEC. 201. SHORT TITLE. bassy or other diplomatic or consular premises This title may be cited as the ‘‘Suppression of the offense has no substantial effect on inter- of the United States; the Financing of Terrorism Convention Imple- state or foreign commerce. ‘‘(ii) any person or property within the United mentation Act of 2002’. ‘‘(e) DEFINITIONS.—As used in this section, the States; term— SEC. 202. TERRORISM FINANCING STATUTE. ‘‘(iii) any national of the United States or the ‘‘(1) ‘serious bodily injury’ has the meaning (a) IN GENERAL.—Chapter 113B of title 18, property of such national; or given that term in section 1365(g)(3) of this title; United States Code, relating to terrorism, is ‘‘(iv) any property of any legal entity orga- ‘‘(2) ‘national of the United States’ has the amended by adding at the end thereof the fol- nized under the laws of the United States, in- meaning given that term in section 101(a)(22) of lowing new section: cluding any of its States, districts, common- the Immigration and Nationality Act (8 U.S.C. ‘‘§ 2339C. Prohibitions against the financing wealths, territories, or possessions; 1101(a)(22)); of terrorism ‘‘(3) the offense is committed on board a vessel ‘‘(3) ‘state or government facility’ includes ‘‘(a) OFFENSES.— flying the flag of the United States or an air- any permanent or temporary facility or convey- ‘‘(1) IN GENERAL.—Whoever, in a circumstance craft which is registered under the laws of the ance that is used or occupied by representatives described in subsection (c), by any means, di- United States at the time the offense is com- of a state, members of Government, the legisla- rectly or indirectly, unlawfully and willfully mitted; ture or the judiciary or by officials or employees provides or collects funds with the intention ‘‘(4) the offense is committed on board an air- of a state or any other public authority or entity that such funds be used, or with the knowledge craft which is operated by the United States; or or by employees or officials of an intergovern- that such funds are to be used, in full or in ‘‘(5) the offense was directed toward or re- mental organization in connection with their of- part, in order to carry out— sulted in the carrying out of a predicate act ficial duties; ‘‘(A) an act which constitutes an offense committed in an attempt to compel the United ‘‘(4) ‘intergovernmental organization’ includes within the scope of a treaty specified in sub- States to do or abstain from doing any act. international organization (as defined in section section (e)(7), as implemented by the United ‘‘(c) CONCEALMENT.—Whoever— 1116(b)(5) of this title); States, or ‘‘(1)(A) is in the United States; or

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\CR\FM\A18JN7.014 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3635 ‘‘(B) is outside the United States and is a na- General Assembly of the United Nations on De- considered as read and printed in the tional of the United States or a legal entity or- cember 15, 1997; RECORD. ganized under the laws of the United States (in- ‘‘(8) the term ‘intergovernmental organization’ The SPEAKER pro tempore. Is there cluding any of its States, districts, common- includes international organizations; objection to the request of the gen- wealths, territories, or possessions); and ‘‘(9) the term ‘international organization’ has ‘‘(2) knowingly conceals or disguises the na- the same meaning as in section 1116(b)(5) of this tleman from Wisconsin? ture, location, source, ownership, or control of title; There was no objection. any material support, resources, or funds— ‘‘(10) the term ‘armed conflict’ does not in- The SPEAKER pro tempore. Is there ‘‘(A) knowing or intending that the support or clude internal disturbances and tensions, such objection to the original request of the resources were provided in violation of section as riots, isolated and sporadic acts of violence, gentleman from Wisconsin? 2339B of this title; or and other acts of a similar nature; There was no objection. ‘‘(B) knowing or intending that any such ‘‘(11) the term ‘serious bodily injury’ has the A motion to reconsider was laid on funds or any proceeds of such funds were pro- same meaning as in section 1365(g)(3) of this the table. vided or collected in violation of subsection (a); title; f shall be punished as prescribed in subsection ‘‘(12) the term ‘national of the United States’ (d)(2). has the meaning given that term in section b 1500 101(a)(22) of the Immigration and Nationality ‘‘(d) PENALTIES.— Act (8 U.S.C. 1101(a)(22)); and REMOVAL OF NAME OF MEMBER ‘‘(1) SUBSECTION (A).—Whoever violates sub- ‘‘(13) the term ‘state’ has the same meaning as section (a) shall be fined under this title, impris- AS COSPONSOR OF H.R. 1475 that term has under international law, and in- oned for not more than 20 years, or both. cludes all political subdivisions thereof. Mrs. CLAYTON. Mr. Speaker, I ask ‘‘(2) SUBSECTION (C).—Whoever violates sub- ‘‘(f) CIVIL PENALTY.—In addition to any other unanimous consent that my name be section (c) shall be fined under this title, impris- criminal, civil, or administrative liability or pen- withdrawn as a cosponsor of H.R. 1475. oned for not more than 10 years, or both. alty, any legal entity located within the United The SPEAKER pro tempore (Mr. ‘‘(e) DEFINITIONS.—In this section— States or organized under the laws of the United ‘‘(1) the term ‘funds’ means assets of every SIMPSON). Is there objection to the re- States, including any of the laws of its States, kind, whether tangible or intangible, movable or quest of the gentlewoman from North districts, commonwealths, territories, or posses- immovable, however acquired, and legal docu- Carolina? sions, shall be liable to the United States for the ments or instruments in any form, including There was no objection. sum of at least $10,000, if a person responsible electronic or digital, evidencing title to, or inter- for the management or control of that legal enti- f est in, such assets, including coin, currency, ty has, in that capacity, committed an offense bank credits, travelers checks, bank checks, ANNOUNCEMENT BY THE SPEAKER set forth in subsection (a).’’. money orders, shares, securities, bonds, drafts, PRO TEMPORE (b) CLERICAL AMENDMENT.—The table of sec- and letters of credit; tions at the beginning of chapter 113B of title The SPEAKER pro tempore. Pursu- ‘‘(2) the term ‘government facility’ means any 18, United States Code, is amended by adding at permanent or temporary facility or conveyance ant to clause 8 of rule XX, the Chair the end thereof the following: that is used or occupied by representatives of a announces that he will postpone fur- state, members of a government, the legislature, ‘‘2339C. Prohibitions against the financing of ther proceedings today on the further or the judiciary, or by officials or employees of terrorism.’’. motion to suspend the rules on which a a state or any other public authority or entity (c) DISCLAIMER.—Nothing contained in this recorded vote or the yeas and nays are or by employees or officials of an intergovern- section is intended to affect the scope or appli- ordered, or on which the vote is ob- mental organization in connection with their of- cability of any other Federal or State law. jected to under clause 6 of rule XX. ficial duties; SEC. 203. EFFECTIVE DATE. Any record vote on the postponed ‘‘(3) the term ‘proceeds’ means any funds de- Except for paragraphs (1)(D) and (2)(B) of question will be taken tomorrow. rived from or obtained, directly or indirectly, section 2339C(b) of title 18, United States Code, through the commission of an offense set forth which shall become effective on the date that f in subsection (a); the International Convention for the Suppres- 50TH ANNIVERSARY OF UNITED ‘‘(4) the term ‘provides’ includes giving, do- sion of the Financing of Terrorism enters into STATES ARMY SPECIAL FORCES nating, and transmitting; force for the United States, and for the provi- ‘‘(5) the term ‘collects’ includes raising and re- sions of section 2339C(e)(7)(I) of title 18, United Mr. HAYES. Mr. Speaker, I move to ceiving; States Code, which shall become effective on the suspend the rules and agree to the con- ‘‘(6) the term ‘predicate act’ means any act re- date that the International Convention for the current resolution (H. Con. Res. 364) ferred to in subparagraph (A) or (B) of sub- Suppression of Terrorist Bombing enters into recognizing the historic significance of section (a)(1); force for the United States, section 202 shall the 50th anniversary of the founding of ‘‘(7) the term ‘treaty’ means— take effect on the date of enactment of this Act. the United States Army Special Forces ‘‘(A) the Convention for the Suppression of TITLE III—ANCILLARY MEASURES Unlawful Seizure of Aircraft, done at The and honoring the ‘‘Father of the Spe- Hague on December 16, 1970; SEC. 301. ANCILLARY MEASURES. cial Forces’’, Colonel Aaron Bank ‘‘(B) the Convention for the Suppression of (a) WIRETAP PREDICATES.—Section 2516(1)(q) (United States Army, retired) of Mis- of title 18, United States Code, is amended by— Unlawful Acts against the Safety of Civil Avia- sion Viejo, California, for his role in es- tion, done at Montreal on September 23, 1971; (1) inserting ‘‘2332f,’’ after ‘‘2332d,’’; and (2) striking ‘‘or 2339B’’ and inserting ‘‘2339B, tablishing the Army Special Forces, as ‘‘(C) the Convention on the Prevention and or 2339C’’. amended. Punishment of Crimes against Internationally (b) FEDERAL CRIME OF TERRORISM.—Section The Clerk read as follows: Protected Persons, including Diplomatic Agents, 2332b(g)(5)(B) of title 18, United States Code, is adopted by the General Assembly of the United H. CON. RES. 364 amended by— Nations on December 14, 1973; Whereas on June 22, 2002, the Special (1) inserting ‘‘2332f (relating to bombing of ‘‘(D) the International Convention against the Forces Association will celebrate the 50th public places and facilities),’’ after ‘‘2332b (re- Taking of Hostages, adopted by the General As- anniversary of the establishment of the first lating to acts of terrorism transcending national sembly of the United Nations on December 17, permanent special forces unit in the United boundaries),’’; and 1979; States Army; (2) inserting ‘‘2339C (relating to financing of ‘‘(E) the Convention on the Physical Protec- Whereas such unit was created in response terrorism,’’ before ‘‘or 2340A (relating to tor- tion of Nuclear Material, adopted at Vienna on to the advocacy of Colonel Aaron Bank ture)’’. March 3, 1980; (United States Army, retired), known as the (c) PROVIDING MATERIAL SUPPORT TO TER- ‘‘(F) the Protocol for the Suppression of Un- ‘‘Father of the Special Forces’’; RORISTS PREDICATE.—Section 2339A of title 18, lawful Acts of Violence at Airports Serving Whereas Colonel Aaron Bank’s service in United States Code, is amended by inserting International Civil Aviation, supplementary to the Office of Strategic Services and his expe- ‘‘2332f,’’ before ‘‘or 2340A’’. the Convention for the Suppression of Unlawful rience leading resistance fighters against (d) FORFEITURE OF FUNDS, PROCEEDS, AND IN- Acts against the Safety of Civil Aviation, done Nazi Germany convinced him of the need for STRUMENTALITIES.—Section 981(a)(1) of title 18, at Montreal on February 24, 1988; United States Code, is amended by adding at the permanent, elite units in the Armed Forces ‘‘(G) the Convention for the Suppression of end the following: that would specialize in small unit and Unlawful Acts against the Safety of Maritime ‘‘(H) Any property, real or personal, involved counterinsurgency tactics, intelligence oper- Navigation, done at Rome on March 10, 1988; in a violation or attempted violation, or which ations, and the training of indigenous sol- ‘‘(H) the Protocol for the Suppression of Un- constitutes or is derived from proceeds traceable diers; lawful Acts against the Safety of Fixed Plat- to a violation, of section 2339C of this title.’’. Whereas in 1952 the Army created its first forms located on the Continental Shelf, done at special forces unit, the 10th Special Forces Rome on March 10, 1988; or Mr. SENSENBRENNER (during the Group, at Fort Bragg, North Carolina, which ‘‘(I) the International Convention for the Sup- reading). Mr. Speaker, I ask unanimous would later be known for the distinctive pression of Terrorist Bombings, adopted by the consent that the Senate amendment be green berets worn by its soldiers;

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.014 pfrm09 PsN: H18PT1 H3636 CONGRESSIONAL RECORD — HOUSE June 18, 2002 Whereas Colonel Aaron Bank was assigned rate them on the 50th anniversary of anniversary. Given this historic anni- as the first commanding officer of the 10th Special Forces this coming Thursday, versary and Colonel Bank’s contribu- Special Forces Group; June 22. tion to the way in which America suc- Whereas the success of the United States Fifty years ago, Colonel Aaron cessfully conducts modern warfare, it Army Special Forces encouraged the incor- poration of principles of force multiplication Bank’s service in the Office of Stra- is appropriate to honor this man to into the military doctrine of the United tegic Services and his experience lead- whom we owe so much. States and paved the way for the revitaliza- ing resistance fighters against Nazi Colonel Bank, who is now 99 years tion of special operations forces in the Navy, Germany convinced him of the need for old, was an officer during World War II Air Force, and Marine Corps; permanent elite units in the Armed assigned to the Office of Strategic Whereas these special operations forces Forces. He envisioned a force that Services, the precursor to the Central have helped revolutionize the conduct of would specialize in small unit and Intelligence Agency. He fought in Eu- modern warfare; counterinsurgency tactics, intelligence rope behind enemy lines, and after the Whereas special operations soldiers have war he spent time in Southeast Asia served with bravery and distinction in every operations, and the training of indige- major military conflict in which the United nous soldiers. As a result of Colonel searching for U.S. prisoners of war. States has been involved in the last 50 years Bank’s efforts, in 1922 the Army cre- Colonel Bank’s experience in leading and in innumerable covert operations; ated the first permanent special oper- resistance fighters taught him the po- Whereas special operations soldiers are ations force, the 10th Special Forces tential of these new tactics in modern sometimes called upon to conduct missions Group at Fort Bragg, North Carolina. warfare. It showed him the usefulness so secret that their bravery cannot be fully Colonel Bank became the commander of military personnel trained in small recognized; of these soldiers, who are known for unit tactics, foreign languages, and Whereas special operations soldiers are subversion. His prescience led him to playing a critical role in the war against ter- their distinctive green berets. Becom- rorism; and ing a highly specialized and effective undertake a new mission: The forma- Whereas thanks to Colonel Aaron Bank component of our military, the U.S. tion of Special Forces within the and the thousands of United States Army Navy, Marine Corps, and Air Force Army. They would specialize in small- Special Forces soldiers who have followed have all followed suit in creating spe- unit counterinsurgency tactics, intel- him, the Armed Forces are better prepared cial operations units. ligence operations, and the training of to conduct unconventional warfare and to The Special Forces have helped revo- indigenous soldiers throughout the protect the United States from developing lutionize the way we wage war, and world. threats: Now, therefore, be it they are an integral part in pros- The idea for such small elite units Resolved by the House of Representatives (the with specialized training was not at Senate concurring), That Congress— ecuting the war on terrorism. When I (1) recognizes the historic significance of was in Afghanistan a few month ago, I first recognized by military thinkers. the 50th anniversary of the founding of the was not only very impressed by the ca- It was not accepted. The United States United States Army Special Forces; pabilities and effectiveness of Special had just emerged from a war fought (2) honors the ‘‘Father of the Special Forces, but also very touched by their with enormous citizen armies in which Forces’’, Colonel Aaron Bank (United States professionalism and positive impact on large swaths of territory were occupied Army, retired) of Mission Viejo, California, the Afghan society. These are the key and held by ground forces. The inva- for his role in establishing the United States to the security and the future of Af- sion of Normandy in June 1944 seemed Army Special Forces; to epitomize this military doctrine: the (3) recognizes the sacrifices and accom- ghanistan, and they are doing a fan- plishments of United States Army Special tastic job. use of overwhelming force and numbers Forces soldiers and of all other special oper- Today we honor the sacrifices made to drive back, in this case, the German ations soldiers in the Armed Forces; by the special operations soldiers of forces. The military successes of World (4) expresses deep gratitude for the con- the Armed Forces who have trained War II and the emerging threat of the tinuing sacrifices of United States Army hard, served valiantly in battle, and massive Red Army in Eastern and Cen- Special Forces soldiers and of all other spe- made the ultimate sacrifice for their tral Europe seemed to provide little cial operations soldiers in the Armed Forces country, many times in missions so se- reason to question this line of think- now fighting throughout the world in defense ing. of the freedoms challenged by the heinous cret that their valor may never be fully events of September 11, 2001; and acknowledged. It is right that we also However, much of the key fighting (5) honors the sacrifices made by United express our deep gratitude for the con- that secured Normandy for the Allies States Army Special Forces soldiers who tinuing sacrifices of Army Special in fact took place not along the beach- have trained hard and acquitted themselves Forces soldiers, many of whom are es there, but behind German lines, with honor by serving valiantly in battle, based in my district at Fort Bragg, where American and British para- with many making the ultimate sacrifice to North Carolina, and of all other special troopers dropped in and operated small their country, many times in missions so se- operation soldiers in the Armed Forces units. These men had more specialized cret that their valor may never be fully ac- training and had operated more as knowledged. now fighting throughout the world in defense of the freedoms challenged by teams than the average GI. Here were The SPEAKER pro tempore. Pursu- the heinous events of September 11, the ingredients for a new thinking on ant to the rule, the gentleman from 2001. military maneuver, and Colonel Bank North Carolina (Mr. HAYES) and the I call on my friends and colleagues to himself had parachuted behind German gentlewoman from California (Ms. pass this legislation, sending a message lines in occupied France to train Ger- SANCHEZ) each will control 20 minutes. loud and clear today to our U.S. Spe- man defectors in sabotage and other The Chair recognizes the gentleman cial Forces that your efforts are hon- methods of undermining Nazi control. from North Carolina (Mr. HAYES). ored, and your sacrifices are appre- These experiences convinced him GENERAL LEAVE ciated by this Congress and a truly that with the proper training, guerilla Mr. HAYES. Mr. Speaker, I ask unan- grateful Nation. forces could effectively fight the imous consent that all Members may Mr. Speaker, I yield 5 minutes to the enemy from within. They could disrupt have 5 legislative days within which to gentleman from California (Mr. COX). communications and could conduct revise and extend their remarks on H. Mr. COX. Mr. Speaker, I thank the special operations to prepare the area Con. Res. 364, the concurrent resolu- gentleman for yielding me this time, for conventional forces. Colonel Bank tion under consideration. and I am very pleased that the com- then made a career decision. He placed The SPEAKER pro tempore. Is there mittee would bring forth my legisla- his own prestige and his own reputa- objection to the request of the gen- tion today to honor both Colonel Aaron tion behind this idea and fought for it. tleman from North Carolina? Bank, my constituent, and the Special He lobbied the Pentagon intensively There was no objection. Forces that he played such an indispen- for the creation of such forces, and his Mr. HAYES. Mr. Speaker, I yield my- sable role in founding. advocacy paid off. self such time as I may consume. Colonel Bank is widely recognized as In June 1952, the U.S. Army Special Today, we pay honor and tribute to the founder of America’s Special Forces were created with the establish- the fine men and women of our U.S. Forces. This weekend, the Special ment of the original 10th Special Army Special Forces and commemo- Forces will be celebrating their 50th Forces Group. Appropriately, Colonel

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.016 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3637 Bank was made the first commanding make ideal targets for the unconven- man teams or basically split the A- officer of the unit. That unit eventu- tional harassment and guerilla fight- team. ally spawned the Green Berets and pro- ing. On November 23, Colonel Bank will vided the impetus for the formation of Special operations as envisioned by be 100 years old, and throughout his the Navy SEALs, the Marine Corps’ Bank were a force multiplier where you life he has demonstrated unwavering Force Recon, and the Army’s had a small number of soldiers who loyalty and willingness to take on the counterterrorism specialists, the Delta could sow a disproportionately large most dangerous assignments to achieve Force. amount of trouble for the enemy. Con- the goal of his mission. Over the past half century, Colonel fusion would reign among enemy b 1515 Bank’s vision of small-unit operations ranks, and the objectives would be ac- has proven prophetic. The Special complished with an extreme economy During World War II, he served at the Forces have played a role in almost of manpower. It was a bold idea, one Office of Strategic Services. Under that every major military engagement and, that went against the grain of tradi- capacity, he was called on to organize just as importantly, in crucial clandes- tional concepts. a team of German-speaking Americans tine missions that have never made the In the spring of 1952, Bank went to and French soldiers to dress and train headlines. The Special Forces have Fort Bragg to choose a suitable loca- as German SS soldiers with the mis- trained counterinsurgency operations tion for a psychological warfare/Spe- sion to assassinate Hitler. Although and conducted diversionary campaigns cial Forces center. He then went about the mission was terminated on the eve to distract enemy forces. They have assembling a group of soldiers who of its deployment, Colonel Bank and hunted drug kingpins throughout Cen- would serve as the foundation of the his soldiers risked certain death by tral America. They have secured path- new unit. Bank did not want raw re- agreeing to serve on this incredibly ways for the distribution of humani- cruits. He wanted the best troops in the dangerous mission. tarian supplies in the Horn of Africa. Army, and he got them. They were a He was the commander of the 107th Now our Special Forces are engaged group of men who were looking for new Airborne Infantry Regimental Combat in a new challenge: finding and de- challenges to conquer. They were all Team during the Korean War. He has a stroying the cells of al-Qaeda. Our Spe- volunteers willing to work behind rich past. He is respected by many cial Forces are figuring prominently in enemy lines in civilian clothes if nec- military and world leaders. And even our war on terrorism. They have oper- essary. recently, leaders of the Special Forces ated for weeks at a time behind enemy And that last item was of no small contacted Colonel Bank for his advice lines, and they have incurred the brunt matter. If caught operating in civilian on military strategy. In 1997, I spoke of U.S. casualties in this new 21st cen- clothes, a soldier was no longer pro- and kicked off the Operation Bank to tury war. Their successes, though, are tected by the Geneva Convention and Bank, the Walk Across America, which a testament to Colonel Bank’s vision, would more than likely be shot on site brought the retired members of the his legacy that has revolutionized how if captured. These first volunteers were Special Forces Association who started America conducts 21st century warfare. extremely brave, and they did not in Newport Beach, California, to walk It is thus fitting, Mr. Speaker, that worry about these risks, and after across America covering eight States we should show our appreciation for months of intense preparation, Bank’s and 2,640 miles honoring the Green Be- the sacrifices that our Special Forces unit was finally activated on June 19 of rets and raising money for a Special are currently making on the war on 1952 at Fort Bragg. It was designated Forces museum. terror and in every corner of the world. the 10th Special Forces Group, with It was my pleasure on that day when This measure honors the brave men Bank as the commander, and on the I met Colonel Aaron Bank. Today it is and women who have served in this ca- day of activation, the total strength of my pleasure to call him the Father of pacity over the past 50 years, and espe- the group was 10 soldiers: Bank, 1 war- the Special Forces on the 50th anniver- cially the man who created these elite rant officer, and 8 enlisted men. sary of his contribution to our Nation’s units. It is with great pride that I ask That was soon to change, however. efforts to preserve democracy and free- this body to pass this legislation to Bank began training his troops in the dom. honor Colonel Bank for his achieve- most advanced techniques of unconven- Given their contribution to the war ments. tional warfare, and as defined by the on terrorism, it is even more appro- Ms. SANCHEZ. Mr. Speaker, I yield Army, the main mission of Bank’s unit priate that we honor the tens of thou- myself as much time as I may con- was to infiltrate by land, sea, or air sands Special Forces alum and the sume. deep into enemy-occupied territory and more than 8,000 men and women cur- I rise in support of H. Con. Res. 364, organize the resistance/guerilla poten- rently serving as Special Forces sol- introduced by the gentleman from Or- tial to conduct Special Forces oper- diers in defense of America. ange County, California (Mr. COX) ations with an emphasis on guerilla Mr. Speaker, I yield 2 minutes to the which recognizes the 50th anniversary warfare. gentleman from Missouri (Mr. SKEL- of the United States Army Special But there were also secondary mis- TON), the ranking member of the Com- Forces. The United States Army Spe- sions. They included deep-penetration mittee on Armed Services. cial Forces was created on June 20, raids, intelligence missions and Mr. SKELTON. Mr. Speaker, I thank 1952, when the original 10th with Spe- counterinsurgency operations. It was a the gentlewoman for allowing me to cial Forces Group commanded by Colo- tall order, one which demanded a com- add my voice to this effort. nel Aaron Bank was activated at Fort mitment to professionalism and excel- Mr. Speaker, when one walks into Bragg, North Carolina. From this a lence perhaps unparalleled in our the Special Operations Center, in the permanent force of unconventional sol- American military history. But Bank’s lobby thereof on the right-hand side diers serving in small-scale conflicts men were up to that challenge, and by there will be a portrait of the late gen- behind enemy lines was formed. 1958 the basic operational unit of Spe- tleman from Virginia, Dan Daniels, for The success of this group, to be cial Forces had emerged as a 12-man it was he on June 26, 1986, who intro- known as the Green Berets, acted as a team known as the detachment, or the duced a bill to establish the National catalyst for the creation of similar spe- ‘‘A-team.’’ Each member of the A-de- Special Operations Agency. We have cial operations units within our Navy, tachment, two officers, two operations Special Operations Command as a re- Air Force, and Marine Corps. Colonel and intelligence sergeants, two weap- sult of his efforts, and the efforts on Aaron Bank, an OSS operative who re- ons sergeants, two communications the other side of the Capitol, particu- mained in the military after the war, sergeants, two medics, and two engi- larly with the help of Retired Lieuten- worked tirelessly to convince the Army neers, were trained in unconventional ant General Sam Wilson; this command to adopt its own conventional guerilla- warfare and cross-trained in each oth- was activated on April 16, 1987. U.S. style force. Bank and Volckmann con- er’s specialties, and they spoke, each of Special Operations Command provides vinced the Army chiefs that there were them, at least one foreign language. highly trained, rapidly deployable and areas in the world not susceptible to This composition allowed each detach- regionally focused personnel to support conventional warfare, but that would ment to operate if necessary in two six- the combatant commanders. Today,

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.065 pfrm09 PsN: H18PT1 H3638 CONGRESSIONAL RECORD — HOUSE June 18, 2002 there are some 46,000 Special Forces Bank, and to acknowledge the 50th an- life, along with my friends and class- personnel in the Army, Navy and in the niversary of this great organization. mates in airborne class who graduated Air Force. I can speak first hand of the organi- in July of 1980, and my ranger class Today we commemorate the 50th an- zation only through the constituents that graduated in April of 1981. niversary of the Special Forces of the that I have represented in Texas, so The Special Forces are designed Army. I rise to support H. Con. Res. many who have been part of the Army around light, lethal mobile, and inde- 364. The First Special Service Force of Special Forces. I have heard their com- pendent operations. A key to that is the Second World War is considered to mitment, dedication, but particularly NCO leadership: proficient, trained sol- be the predecessor to the present U.S. their pride in the service that they diers who can operate on their own and Army Special Forces. General George have given, the extra mile, the chal- operate successfully. That is really C. Marshall determined that an elite lenges that they are willing to accept, now the mode for the transformation of force recruited in Canada and our coun- that no challenge is too great for them the Army, and the success in Afghani- try was required to conduct raids and to be able to achieve or accomplish. stan just shows that the vision of Colo- strikes in snow-covered mountainous It is interesting as I have traveled to nel Bank has produced great fruit. terrain. These men were trained in a number of sites since my election to As the Army struggles with trans- demolitions, rock-climbing, amphib- Congress where there have been armed formation in this new era when we ious assault, and ski techniques, and conflict, Bosnia, the Albanian ethnic have new enemies, the model of the were also provided airborne instruc- purification that was attempted, we re- Special Operations Command of light- tions. The First Special Service Forces alize that the Armed Forces and their er, quicker, independent action, more was known as The Devil’s Brigade. It Special Services were key to the suc- lethal, and junior NCO leadership, is a was inactivated in the south of France cess of ending those conflicts. But now model by which I think we will be well near the end of World War II. more than ever with the continuing served in the defense of this country Colonel Aaron Bank, who served in war against terrorism and the con- for many, many years to come. the OSS at the time, proposed a perma- tinuing presence that we will have to Mr. Speaker, I am really honored to nent, small elite unit to do this have in Afghanistan, I can say first- have this opportunity to speak on the counterinsurgency work. So in June hand that the Special Services are key floor in support of my classmates who 1952, the first unit of Special Forces to this country’s success in fighting are still members of the Special Oper- was activated. The 10th Special Forces terrorism. ations Command, and all those who Group was established at Fort Bragg. It is a vision of Colonel Bank’s that have gone before to make this country Let me add my voice to that of the should continually be admired and pro- a better place. gentlewoman from California (Ms. moted. I thank him for his thoughts Ms. SANCHEZ. Mr. Speaker, I yield SANCHEZ), the gentleman from North and vision, for thinking about that spe- myself such time as I may consume. Carolina (Mr. HAYES), and others, and cial type of force that is needed to pro- Mr. Speaker, Colonel Bank is a very urge that it be adopted. vide the leadership, the courage and interesting guy. He will be 100, as I Mr. HAYES. Mr. Speaker, I yield 1 the refinement of fighting these unique said, in November. I want to reiterate minute to the gentleman from Mary- and special circumstances. It is with that he is still alive and kicking and land (Mr. BARTLETT). great admiration that I join in sup- doing a great job for us. I will remind Mr. BARTLETT of Maryland. Mr. porting this particular resolution hon- Members that until his 75th birthday, Speaker, I rise to ask unanimous sup- oring the Special Forces for their 50 he ran several miles a day. In fact, port of H. Con. Res. 364. years, and to say that we hope that when he had his troops, sometimes he This Thursday, June 20, will mark they will succeed and be in service for had an ambulance follow them during the 50th anniversary of the founding of 50 more years on behalf of the United their workouts because some of the the U.S. Army Special Forces under States of America. new young recruits did not know how the leadership of Aaron Bank. Mr. HAYES. Mr. Speaker, I yield 3 difficult it was going to be in those The Special Forces are the best of minutes to the gentleman from Illinois units. Even today, he rides a sta- the best. Through their storied history, (Mr. SHIMKUS), who also is a lieutenant tionary bike four days a week. He lives they have achieved popular recognition colonel, airborne and ranger-qualified in Orange County, California; and we and acclaim as the Green Berets in in the Army Reserve. are very proud of him, as we are of all honor of their distinctive headgear. (Mr. SHIMKUS asked and was given our Special Forces from over the years. As a Marylander, I am proud to say permission to revise and extend his re- Mr. Speaker, I yield back the balance that the Maryland Army National marks.) of my time. Guard Second Battalion 20th Special Mr. SHIMKUS. Mr. Speaker, I thank Mr. HAYES. Mr. Speaker, I yield my- Forces Bravo Company makes its home the gentleman for yielding me this self such time as I may consume. at the Gunpowder Military Reservation time. Mr. Speaker, first I thank the gen- in Baltimore County. Mr. Speaker, I am honored to be here tleman from California (Mr. COX) for At age 99, Aaron Bank is still alive speaking about what Colonel Bank has his leadership in helping bring this res- and vigorous. It is without reservation done for the country. It has been men- olution forward, and also I thank the that we acclaim him as a living legend. tioned about the fruit not falling far gentlewoman from California (Ms. He is indeed the father of the Special from the tree. I want to mention some SANCHEZ) for her leadership and inter- Forces, and it is right and proper that of the Special Operations Command in- est in this vital project, and the rank- he is recognized as such in H. Con. Res. dividuals that had an impact on my life ing member of our Committee on 364. I urge my colleagues to join me in through this organization. Armed Services, the gentleman from congratulating Colonel Aaron Bank I just briefly remember my first com- Missouri (Mr. SKELTON). and all of the current and former gen- pany commander, who is now a retired Their efforts and their time spent in erations of Green Berets for 50 years of lieutenant colonel in the Army, John bringing this measure to the floor ex- outstanding service to our country. Everett, who was an A Team leader be- peditiously are most appropriate and Ms. SANCHEZ. Mr. Speaker, I yield 2 fore he commanded my company, appreciated. These folks that we honor minutes to the gentlewoman from where I was a lowly second lieutenant today, past and present, are first and Texas (Ms. JACKSON-LEE). platoon leader. Then there was my bri- foremost warriors; but they are also Ms. JACKSON-LEE of Texas. Mr. gade commander, Wayne Downing, who engineers, teachers, and medics. They Speaker, I thank the gentlewoman for now is retired Special Operations Com- bring stability and peace to the regions her leadership on this issue and the mand commander, and now works for in the areas that they touch. gentleman from California (Mr. COX) the former governor of Pennsylvania, for the sponsorship, with the leaders of Tom Ridge, and the Agency of Home- b 1530 the Committee on Armed Services; and land Security; and also my first com- They represent us with incredible I rise to support H. Con. Res. 364 and mand Sergeant Major Quesada, who distinction and make clear the old honor the father of the Special Forces was on the raid to Sontay in North adage that simply says, our citizen sol- in such a great leader as Colonel Aaron Vietnam. All had great impacts on my diers clearly recognize the difference

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.067 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3639 between good and evil, and they are isiana. In 1943, when the Army called for lin- nation is immune, and all nations must not willing to live in a world where evil guists to join the newly formed Office of Stra- act decisively to protect against this prevails. tegic Services (OSS) [predecessor of the Cen- constantly evolving threat. In honor of the Airborne, the Special tral Intelligence Agency], Colonel Bank We must recognize that the threat of Forces and for Colonel Shimkus, I close stepped forward. Under the Command of terrorism is a permanent condition, by saying simply: Colonel William B. (‘‘Wild Bill’’) Donavan, and we must take action to protect Stand up, hook up, shuffle to the door Colonel Bank parachuted into occupied America against the terrorists that Leap right out and count to four. France in the Rohne Valley to train and fight seek to kill the innocent. If your main don’t open wide, with the French resistance. Colonel Bank was Since September 11, 2001, all levels of You got a reserve by your side. made Chief of Guerilla Operations. He oper- government and leaders from across Airborne. ated in the area of Avignon and Nimes, along the political spectrum have cooperated Ms. JACKSON-LEE of Texas. Mr. Speaker, with other OSS Jedburgh Teams. Colonel like never before. We have strength- the fog and friction of war ruled the day when Bank was involved with some of the most in- ened our aviation security and tight- seven American special operations forces died triguing operations and personalities of that ened our borders. We have stockpiled on an isolated mountaintop in Afghanistan. era. He was actively involved with the famous medicines to defend against bioter- The battle at Takur Ghar took place during Operation ‘‘Iron Cross’’—the plot to assas- rorism and improved our ability to Operation Anaconda. U.S. military officials sinate Adolph Hitler. combat weapons of mass destruction. sent a special operations reconnaissance ele- Following World War II, Colonel Bank We have dramatically improved infor- ment to a key piece of terrain. As the team served as Commander of Counter-Intelligence mation sharing among our intelligence reached the 10,000-foot mountaintop, the in Bavaria until 1950. He also served in Korea, agencies, and we have taken new steps team’s assault helicopter took immediate where he was the executive officer of a Regi- to protect our critical infrastructure. ground fire. In the course of the next two mental Combat Team. From 1951–1952, Colo- Our Nation is stronger and better hours, the special operations team went back nel Bank was assigned to the Special Oper- prepared today than it was on Sep- to rescue their mate, who had fallen out the ations Branch, Psychological Warfare Staff at tember 11. Yet, we can do better. I pro- back of the assault helicopter. He continued to the Pentagon. It was here that the idea for the posed the most extensive reorganiza- fight until his death. That fight is a microcosm First Special Forces Group took form. On tion of the Federal Government since of men and women who are in the Army’s June 19, 1952, this idea became reality. This the 1940s by creating a new Department Special Forces. The military personnel that occurred when Colonel Bank activated the of Homeland Security. For the first fought on Takur Ghar, displayed dedication 10th Special Forces Group, the original Spe- time we would have a single Depart- bravery, selflessness courage and unity. This cial Forces unit. Colonel Bank commanded the ment whose primary mission is to se- is who our Special Forces are. Group at Bad Toelz, Federal Republic of Ger- cure our homeland. Soon after the Sec- The Special Forces Regiment uses a many until 1954. In 1986, Colonel Bank was ond World War, President Harry Tru- twelve-member team concept. It assigns multi- honored with the title of Colonel of the Regi- man recognized that our Nation’s frag- faceted missions including counter-terrorism, ment for all U.S. Army Special Forces. mented military defenses needed reor- direct action, strategic reconnaissance, psy- The Army Special Forces live quietly by ganization to help win the Cold War. chological warfare, civil affairs, and training their motto ‘‘De Oppresso Liber’’, Latin for ‘‘To President Truman proposed uniting our foreign military and para-military forces in Free the Oppressed’’. Therefore, I salute the military forces under a single entity, counter-insurgency operations. Special Forces United States Army Special Forces and Colo- now the Department of Defense, and Soldiers are teachers who are trained in for- nel Aaron Bank on the historic significance of creating the National Security Council eign languages and are called on to teach the 50th anniversary of the founding of the to bring together defense, intelligence, military skills to people around the world. They United States Army Special Forces. and diplomacy. President Truman’s re- operate in urban, jungle, desert, mountain, Mr. HAYES. Mr. Speaker, I yield forms are still helping us to fight ter- maritime, and arctic environments and are back the balance of my time. ror abroad, and today we need similar sometimes called on to survive for months at The SPEAKER pro tempore (Mr. dramatic reforms to secure our people a time behind enemy lines. SIMPSON). The question is on the mo- at home. Speical Operations Forces are an elite, spe- tion offered by the gentleman from President Truman and Congress reor- cialized military unit which can be inserted be- North Carolina (Mr. HAYES) that the ganized our Government to meet a very hind the lines to conduct a variety of oper- House suspend the rules and agree to visible enemy in the Cold War. Today ations, many of them clandestine. Special Op- the concurrent resolution, H. Con. Res. our Nation must once again reorganize erations Forces are characterized by ‘‘com- 364, as amended. our Government to protect against an binations of specialized personnel, equipment, The question was taken; and (two- often-invisible enemy, an enemy that training and tactics that go beyond the routine thirds having voted in favor thereof) hides in the shadows and an enemy capabilities of conventional military forces.’’ the rules were suspended and the con- that can strike with many different SOF personnel are carefully selected and un- current resolution, as amended, was types of weapons. Our enemies seek to dergo highly demanding training. U.S. Army agreed to. obtain the most dangerous and deadly SOF include 26,000 soldiers from the Active A motion to reconsider was laid on weapons of mass destruction and use Army, National Guard, and Army Reserve who the table. them against the innocent. While we are organized into Special Forces units, Rang- f are winning the war on terrorism, Al ers units, special operations aviation units, Qaeda and other terrorist organiza- HOMELAND SECURITY ACT OF civil affairs units, psychological operations tions still have thousands of trained 2002—MESSAGE FROM THE PRESI- units, and special operations support units. killers spread across the globe plotting DENT OF THE UNITED STATES Special operations forces and predecessor attacks against America and the other (H. DOC. NO. 107–227) U.S. units have played a role in most U.S. nations of the civilized world. conflicts. In 1985, Congress noted that the The SPEAKER pro tempore laid be- Immediately after last fall’s attack, I U.S. SOF provide an immediate and primary fore the House the following message used my legal authority to establish capability to respond to terrorism. from the President of the United the White House Office of Homeland Colonel Aaron Bank is truly a legend. If life States; which was read and, together Security and the Homeland Security were like fiction, Colonel Bank would be the with the accompanying papers, without Council to help ensure that our Federal leading character in one of the most dramatic objection, referred to Union Calendar response and protection efforts were stories of the 20th century. He is called the and ordered to be printed: coordinated and effective. I also di- ‘‘Father of the Green Berets.’’ Colonel Bank To the Congress of the United States: rected Homeland Security Advisor Tom was born in New York City in November of I hereby transmit to the Congress Ridge to study the Federal Govern- 1902. As a young man he lived in Europe and proposed legislation to create a new ment as a whole to determine if the learned French and Russian. He enlisted in Cabinet Department of Homeland Se- current structure allows us to meet the the U.S. Army in late 1939 and graduated curity. threats of today while preparing for from OCS in 1940. He was commissioned in Our Nation faces a new and changing the unknown threats of tomorrow. the Infantry and served as the Tactical Officer threat unlike any we have faced be- After careful study of the current of a railroad battalion at Camp Polk in Lou- fore—the global threat of terrorism. No structure, coupled with the experience

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.070 pfrm09 PsN: H18PT1 H3640 CONGRESSIONAL RECORD — HOUSE June 18, 2002 gained since September 11 and new in- homeland security by minimizing the from terrorist attacks and natural dis- formation we have learned about our duplication of efforts, improving co- asters. To fulfill these missions, the enemies while fighting a war, I have ordination, and combining functions Department of Homeland Security concluded that our Nation needs a that are currently fragmented and inef- would incorporate the Federal Emer- more unified homeland security struc- ficient. The new department would gency Management Agency (FEMA) as ture. allow us to have more security officers one of its key components. The Depart- I propose to create a new Department in the field working to stop terrorists ment would administer the domestic of Homeland Security by substantially and fewer resources in Washington disaster preparedness grant programs transforming the current confusing managing duplicative activities that for firefighters, police, and emergency patchwork of government activities drain critical homeland security re- personnel currently managed by into a single department whose pri- sources. FEMA, the Department of Justice, and mary mission is to secure our home- The Department of Homeland Secu- the Department of Health and Human land. My proposal builds on the strong rity would have a clear and efficient Services. In responding to an incident, bipartisan work on the issue of home- organizational structure with four the Department would manage such land security that has been conducted main divisions: Border and Transpor- critical response assets as the Nuclear by Members of Congress. In designing tation Security; Emergency Prepared- Emergency Search Team (from the De- the new Department, my Administra- ness and Response; Chemical, Biologi- partment of Energy) and the National tion considered a number of homeland cal, Radiological and Nuclear Counter- Pharmaceutical Stockpile (from the security organizational proposals that measures; and Information Analysis Department of Health and Human have emerged from outside studies, and Infrastructure Protection. Services). Finally, the Department of commissions, and Members of Con- BORDER AND TRANSPORTATION SECURITY Homeland Security would integrate the gress. Terrorism is a global threat and we Federal interagency emergency re- THE NEED FOR A DEPARTMENT OF HOMELAND must improve our border security to sponse plans into a single, comprehen- SECURITY help keep out those who mean to do us sive, Government-wide plan, and would Today no Federal Government agen- harm. We must closely monitor who is work to ensure that all response per- cy has homeland security as its pri- coming into and out of our country to sonnel have the equipment and capa- mary mission. Responsibilities for help prevent foreign terrorists from en- bility to communicate with each other homeland security are dispersed among tering our country and bringing in as necessary. more than 100 different entities of the their instruments of terror. At the CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND Federal Government. America needs a same time, we must expedite the legal NUCLEAR COUNTERMEASURES unified homeland security structure flow of people and goods on which our Our enemies today seek to acquire that will improve protection against economy depends. Securing our borders and use the most deadly weapons today’s threats and be flexible enough and controlling entry to the United known to mankind—chemical, biologi- to help meet the unknown threats of States has always been the responsi- cal, radiological, and nuclear weapons. the future. bility of the Federal Government. Yet, The new Department of Homeland The mission of the new Department this responsibility and the security of Security would lead the Federal Gov- would be to prevent terrorist attacks our transportation systems is now dis- ernment’s efforts in preparing for and within the United States, to reduce persed among several major Govern- responding to the full range of terrorist America’s vulnerability to terrorism, ment organizations. Under my pro- threats involving weapons of mass de- and to minimize the damage and re- posed legislation, the Department of struction. The Department would set cover from attacks that may occur. Homeland Security would unify au- national policy and establish guide- The Department of Homeland Security thority over major Federal security op- lines for State and local governments. would mobilize and focus the resources erations related to our borders, terri- The Department would direct exercises of the Federal Government, State and torial waters, and transportation sys- for Federal, State, and local chemical, local governments, the private sector, tems. biological, radiological, and nuclear at- and the American people to accomplish The Department would assume re- tack response teams and plans. The De- its mission. sponsibility for the United States partment would consolidate and syn- The Department of Homeland Secu- Coast Guard, the United States Cus- chronize the disparate efforts of mul- rity would make Americans safer be- toms Service, the Immigration and tiple Federal agencies now scattered cause for the first time we would have Naturalization Service (including the across several departments. This would one department dedicated to securing Border Patrol), the Animal and Plant create a single office whose primary the homeland. One department would Health Inspection Service, and the mission is the critical task of securing secure our borders, transportation sec- Transportation Security Administra- the United States from catastrophic tor, ports, and critical infrastructure. tion. The Secretary of Homeland Secu- terrorism. One department would analyze home- rity would have the authority to ad- The Department would improve land security intelligence form mul- minister and enforce all immigration America’s ability to develop tiple sources, synthesize it with a com- and nationality laws, including the diagnostics, vaccines, antibodies, anti- prehensive assessment of America’s visa issuance functions of consular offi- dotes, and other countermeasures vulnerabilities, and take action to se- cers. As a result, the Department against new weapons. It would consoli- cure our highest risk facilities and sys- would have sole responsibility for man- date and prioritize the disparate home- tems. One department would coordi- aging entry into the United States and land security-related research and de- nate communications with State and protecting our transportation infra- velopment programs currently scat- local governments, private industry, structure. It would ensure that all as- tered throughout the executive branch, and the American people about threats pects of border control, including the and the Department would assist State and preparedness. One department issuing of visas, are informed by a cen- and local public safety agencies by would coordinate our efforts to secure tral information-sharing clearinghouse evaluating equipment and setting the American people against bioter- and compatible databases. standards. rorism and other weapons of mass de- EMERGENCY PREPAREDNESS AND RESPONSE INFORMATION ANALYSIS AND INFRASTRUCTURE struction. One department would help Although our top priority is pre- PROTECTION train and equip our first responders. venting future attacks, we must also For the first time the Government One department would manage Federal prepare to minimize the damage and would have under one roof the capa- emergency response activities. recover from attacks that may occur. bility to identify and assess threats to Our goal is not to expand Govern- My legislative proposal requires the the homeland, map those threats ment, but to create an agile organiza- Department of Homeland Security to against our vulnerabilities, issue time- tion that takes advantage of modern ensure the preparedness of our Nation’s ly warnings, and take action to help se- technology and management tech- emergency response professionals, pro- cure the homeland. niques to meet a new and constantly vide the Federal Government’s re- The Information Analysis and Infra- evolving threat. We can improve our sponse, and aid America’s recovery structure Protection division of the

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.027 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3641 new Department of Homeland Security ensure that we are maximizing our Government. We face an urgent need, would complement the reforms on in- ability to secure our homeland. and I am pleased that Congress has re- telligence-gathering and information- CONTINUED INTERAGENCY COORDINATION AT THE sponded to my call to act before the sharing already underway at the FBI WHITE HOUSE end of the current congressional ses- and the CIA. The Department would Even with the creation of the new sion with the same bipartisan spirit analyze information and intelligence Department, there will remain a strong that allowed us to act expeditiously on from the FBI, CIA, and many other need for a White House Office of Home- legislation after September 11. Federal agencies to better understand land Security. Protecting America These are times that demand bipar- the terrorist threat to the American from terrorism will remain a multi-de- tisan action and bipartisan solutions to homeland. partmental issue and will continue to meet the new and changing threats we The Department would comprehen- require interagency coordination. face as a Nation. I urge the Congress to sively assess the vulnerability of Amer- Presidents will continue to require the join me in creating a single, permanent ica’s key assets and critical infrastruc- confidential advice of a Homeland Se- department with an overriding and ur- tures, including food and water sys- curity Advisor, and I intend for the gent mission—securing the homeland tems, agriculture, health systems and White House Office of Homeland Secu- of America and protecting the Amer- emergency services, information and rity and the Homeland Security Coun- ican people. Together we can meet this telecommunications, banking and fi- cil to maintain a strong role in coordi- ambitious deadline and help ensure nance, energy, transportation, the nating our governmentwide efforts to that the American homeland is secure chemical and defense industries, postal secure the homeland. against the terrorist threat. and shipping entities, and national THE LESSONS OF HISTORY GEORGE W. BUSH. monuments and icons. The Department History teaches us that new chal- THE WHITE HOUSE, June 18, 2002. would integrate its own and others’ lenges require new organizational f threat analyses with its comprehensive structures. History also teaches us that SPECIAL ORDERS vulnerability assessment to identify critical security challenges require protective priorities and support pro- clear lines of responsibility and the The SPEAKER pro tempore. Without tective steps to be taken by the De- unified effort of the U.S. Government. prejudice to the possible resumption of partment, other Federal departments President Truman said, looking at legislative business, and under the and agenciess, State and local agen- the lessons of the Second World War: Speaker’s announced policy of January cies, and the private sector. Working ‘‘It is now time to discard obsolete or- 3, 2001, and under a previous order of closely with State and local officials, ganizational forms, and to provide for the House, the following Members will other Federal agencies, and the private the future the soundest, the most effec- be recognized for 5 minutes each. sector, the Department would help en- tive, and the most economical kind of f sure that proper steps are taken to pro- structure for our armed forces.’’ When PRESCRIPTION DRUG PLAN tect high-risk potential targets. skeptics told President Truman that OTHER COMPONENTS this proposed reorganization was too The SPEAKER pro tempore. Under a In addition to these four core divi- embitious to be enacted, he simply re- previous order of the House, the gen- sions, the submitted legislation would plied that it has to be. In the years to tleman from California (Mr. FILNER) is also transfer responsibility for the Se- follow, the Congress acted upon Presi- recognized for 5 minutes. cret Service to the Department of dent Truman’s recommendation, even- Mr. FILNER. Mr. Speaker, I rise Homeland Security. The Secret Serv- tually laying a sound organizational today in support of a true prescription ice, which would report directly to the foundation that enabled the United drug plan that would cover all the sen- Secretary of Homeland Security, would States to win the Cold War. All Ameri- iors in America. Under Medicare, a retain its primary mission to protect cans today enjoy the inheritance of Democratic prescription drug benefit the President and other Government this landmark organizational reform: a would be voluntary and universal. leaders. The Secret Service would, unified Department of Defense that has Every senior would have access, no however, contribute its specialized pro- become the most powerful force for matter where they live or what their tective expertise to the fulfillment of freedom the world has even seen. income. the Department’s core mission. Today America faces a threat that is Soaring prices for prescription drugs Finally, under my legislation, the wholly different from the threat we are putting medicine out of reach for Department of Homeland Security faced during the Cold War. Our ter- millions of seniors. Many of them are would consolidate and streamline rela- rorist enemies hide in shadows and at- being forced to choose between paying tions with the Federal Government for tack civilians with whatever means of for prescription drugs or paying for America’s State and local govern- destruction they can access. But as in food. No older American should be ments. The new Department would the Cold War, meeting this threat re- faced with that decision. contain an intergovernmental affairs quires clear lines of responsibility and The House Republican prescription office to coordinate Federal homeland the unified efforts of government at all drug plan is a sham proposal that pro- security programs with State and local levels—Federal, State, local, and trib- vides no real guarantee at all. Let us officials. It would give State and local al—the private sector, and all Ameri- do the math, Mr. Speaker. Republicans officials one primary contact instead of cans. America needs a homeland secu- argue that they have a $2,500 gap in many when it comes to matters related rity establishment that can help pre- coverage. That gap is bad enough, but to training, equipment, planning, and vent catastrophic attacks and mobilize the reality is even worse. Here is the other critical needs such as emergency national resources for an enduring con- math that will compare apples to ap- response. flict while protecting our Nation’s val- ples. Under the Republican drug plan, The consolidation of the Govern- ues and liberties. the beneficiary pays as follows: a $250 ment’s homeland security efforts as Years from today, our world will still deductible, and then a $150 coinsurance outlined in my proposed legislation can be fighting the threat of terrorism. It for the first $1,000 of drugs, and then a achieve great efficiencies that further is my hope that future generations will $500 coinsurance for the next $1,000 of enhance our security. Yet, to achieve be able to look back on the Homeland drugs. Add that up and that is $900 out- these efficiencies, the new Secretary of Security Act of 2002—as we now re- of-pocket spending for the first $2,000 Homeland Security would require con- member the National Security Act of worth of prescription drugs. siderable flexibility in procurement, 1947—as the solid organizational foun- But that is not the end of it. You integration of information technology dation for America’s triumph in a long then have to calculate how much addi- systems, and personnel issues. My pro- and difficult struggle against a formi- tional money a beneficiary must spend posed legislation provides the Sec- dable enemy. out of pocket to get to the $4,500 out- retary of Homeland Security with just History has given our Nation new of-pocket limit that the Republicans such flexibility and managerial au- challenges—and important new assign- have. That is $3,600. The gap for which thorities. I call upon the Congress to ments. Only the United States Con- the beneficiary is 100 percent on the implement these measures in order to gress can create a new department of hook in the Republican Medicare bill is

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.029 pfrm09 PsN: H18PT1 H3642 CONGRESSIONAL RECORD — HOUSE June 18, 2002 $3,600. After a beneficiary obtains $2,000 ment of Homeland Security. Yesterday this as catastrophic. Furthermore, the worth of drugs, they get no more cov- my Subcommittee on Criminal Justice, agencies that have been combined in erage from the Republican Medicare Drug Policy and Human Resources held the Department of Homeland Security drug plan until they spend another a hearing titled ‘‘Homeland Security are basically the meet-and-greet, in Dr. $3,600 out of their own pocket. There- Reorganization: What Impact on Fed- Flynn’s words, basically; in other fore, before Medicare pays another eral Law Enforcement and Drug Inter- words, a border agency. So if you called cent, a beneficiary must obtain $5,600 diction?’’ Last week in the Committee this the Department of Border Cata- worth of prescription drugs for the on Government Reform, our Sub- strophic Security, you would under- year. committees on Civil Service and on Na- stand why INS is there, why Border Pa- That is pretty complicated, and that tional Security held a joint committee trol is there, why Customs is there, is what the Republicans are counting hearing, the first ones on homeland se- why the Coast Guard is there, and the on, that they will just use some words curity. I wanted to share a few of the logic behind the system that we are and you will not be able to do the things that we have already learned about to address. Because if you view it math. But you have got to understand through these hearings as well as in as homeland security, you can have it. The Republican Medicare proposal the media the last few days, because we every policeman in, you can have every has even greater gaping holes than are starting these and we may be actu- enforcement division in, you can have they want to admit. Under their plan ally moving the markup through com- every sort of organization in this. the benefit is so limited that it will not mittee next week. So we are on a fast FEMA is also in this. It deals with be worthwhile for many middle-class track. the catastrophic results. So although it seniors to even enroll, it will not cover Many people are reacting, ‘‘Aren’t is not border, it also deals with cata- all seniors, and there is even a bigger you moving awfully fast?’’ The answer strophic security. If we broaden this problem. The Republican plan forces is yes. The biggest problem we face in too much, we will not have any agency seniors to shop for and buy a private the government whenever you tackle that makes any sense. But there are insurance plan, a plan which virtually one of these things is bureaucratic in- some things that possibly should go in every insurance company in America ertia combined with congressional it, and there are some things we need says they will not even offer because it committee inertia, and everybody can to look at. is not worth it, and so seniors will have find many reasons not to go ahead. Un- b 1545 to go without coverage at all. less we put this on a fast track to get We know this model does not work. it out of committee by the July break Number one, by putting Customs, It did not work in 1965, and that is why and out of the full House and Senate by Coast Guard, Border Patrol and INS in, we created Medicare to begin with. The the August break, the likelihood is we have now multitasked a number of insurance companies, as I said, say it that this government reorganization these agencies and changed their pri- will not work either. The Health Insur- will die just like they have every other mary mission to homeland security ance Association of America said it year. In fact, the class of 1994 came in away from their previous mission. will not offer drug-only policies. committed to all sorts of reforms of I would like to insert at this point an The Republican prescription plan government, and anything we did not article from Newsday newspaper that does nothing to slow prescription drug achieve that first year was very dif- ran today by Thomas Frank that picks prices from continuing their upward ficult to achieve as the organization up a couple of the difficulties on multi- spiral, and the Republican plan is sim- and the inertia kind of takes over. So tasking. I wanted to touch on a few of ply guaranteed to fail. There they go I strongly support moving ahead. those, and then I have another inser- again, putting words on a bill which But it also means that we need to un- tion at the end of my remarks. has no meaning for the average Amer- derstand certain basic trade-offs we are [From Newsday, June 18, 2002] ican today. making and go into this with our eyes GETTING ‘‘LOST IN THE SHUFFLE’’, CONCERNS Learn how do the math, everybody, wide open. The witnesses yesterday at ON NONTERROR DUTIES because this is going to be a basic de- our hearing were all nongovernmental, (By Thomas Frank) bate in America over the next few which meant that they had the ability WASHINGTON.—A group of former top fed- weeks. We need to pass a meaningful to speak out without any restrictions. eral officials warned yesterday that Presi- prescription drug plan that uses Medi- They included the former Commandant dent George W. Bush’s proposed new Depart- care to make drugs affordable and pro- of the Coast Guard, Admiral Kramek; ment of Homeland Security could weaken vides a universal voluntary benefit for Mr. Donnie Marshall, the former Direc- other federal law-enforcement activities, such as drug interdiction. all seniors. tor of DEA; Mr. Peter Nunez, former The concerns arise because the new depart- f Assistant Secretary for Enforcement of ment would take in 22 federal agencies that The SPEAKER pro tempore. Under a the Treasury Department; Mr. Doug do every thing from investigating counter- previous order of the House, the gen- Kruhm, former Assistant Commis- feiting and intercepting drugs to rescuing tleman from North Carolina (Mr. sioner for the U.S. Border Patrol in boaters and providing immigrant benefits. ‘‘A major concern in a reorganization like JONES) is recognized for 5 minutes. INS; Mr. Sam Banks, former Acting (Mr. JONES of North Carolina ad- Commissioner, U.S. Customs; and Dr. this is that their nonterrorism duties are going to get lost in the shuffle,’’ Peter dressed the House. His remarks will ap- Stephen Flynn from the Council on Nunez, a former assistant treasury secretary pear hereafter in the Extension of Re- Foreign Relations, who had worked for enforcement, told a congressional panel marks.) with the Rudman-Hart Commission. studying the proposed department. Adm. f Among the things that they pointed Robert Kramek, a former Coast Guard com- The SPEAKER pro tempore. Under a out at the hearing, and I thought Dr. mandant, said the new department ‘‘will be previous order of the House, the gen- Flynn made a terrific point that many detrimental’’ under the Bush administra- tion’s plan to give no additional money to tleman from California (Mr. GEORGE in Congress and many in the media simply do not understand, which has the agencies. MILLER) is recognized for 5 minutes. ‘‘We’re talking about moving blocks (Mr. GEORGE MILLER of California led to much of the confusion about why around on a playing board without increas- addressed the House. His remarks will is this agency not in, why is this agen- ing the number of blocks,’’ Kramek said. He appear hereafter in the Extensions of cy not in, why is it done this way, and noted that the proposed homeland security Remarks.) that is if you look at this, and this is budget of $37.5 billion would be one-tenth of the $379-billion Bush has requested for the f the way the Rudman-Hart Commission looked at it and clearly was behind the Defense Department. HOMELAND SECURITY President’s thought, is this really deals With 41,000 employees, the Coast Guard The SPEAKER pro tempore. Under a with catastrophic security. would be the largest agency in the new de- It is our basic function of every de- partment, followed by the Immigration and previous order of the House, the gen- Naturalization Service and the new Trans- tleman from Indiana (Mr. SOUDER) is partment to provide for security, and portation Security Administration, which recognized for 5 minutes. most of those are homeland security. will employ about 41,000 when it hires secu- Mr. SOUDER. Mr. Speaker, last week We cannot have one Cabinet agency rity workers at all U.S. commercial airports. the hearings began on the new Depart- have everybody in it. So you look at Kramek said the Coast Guard is planning

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.072 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3643 next year to scale back functions not related of Japan or Russians and other groups ‘‘goal-line’’ defense centered on the east and to domestic security, such as drug and mi- that are trying to pirate the salmon in west coasts of the United States itself. In the grant interdiction, maritime safety and fish- the oceans, if we do not have Coast critical transit zone of the Eastern Pacific, eries enforcement. Guard there to protect that, they could for example, the deployment went from four ‘‘We’re going to have to put some money cutters and two aircraft to a lone cutter. where our intention is to make sure this is capture the salmon, and there will not This is not a criticism of the tremendous done right,’’ Kramek said, echoing members be any spawning the next year. response by the Coast Guard or, by exten- of Congress who have called for additional Clearly if you have a boat out in the sion, any other agency. Most would agree funding for the agencies that would be middle of the Pacific Ocean protecting that the approach taken was wholly appro- moved into the new department. White the salmon runs and the salmon’s cir- priate over all the short term, and redeploy- House officials have said more money could cular patterns, that boat is not off of ments have subsequently moved the picture be added after Congress adopts an initial 2003 Washington State. much closer to an equilibrium today. How- budget for the new department. So there are many trade-offs, and ever, I believe that these charts are a clear The hearing yesterday marked the begin- over the next couple days I would like illustration that an intensive focus on home- ning of an intense period of deliberations as land security cannot be maintained over the Congress tries to create the new department to talk about those. I include my open- long run without coming at the expense of either by the year-end goal set by Bush, or ing statement from June 17 for the other tasks. This lesson is equally applicable by Sept. 11, as proposed by House Minority RECORD. to every other mission of every other agency Leader Richard Gephardt (D–Mo.). Today’s hearing is the first we have held that will potentially be affected by the reor- The hearing’s topic—how the new depart- since President Bush announced his proposal ganization plan. ment would affect federal law enforcement— to create a new cabinet Department of However this reform emerges, it is inevi- is one of many questions Congress will de- Homeland Security. In that respect, we will table that there will be a profound impact on bate as it decides what agencies should be in- be breaking new ground as we begin to con- federal law enforcement activities unrelated cluded and under what conditions. sider how best to implement such an ambi- to terrorism, on our nation’s drug interdic- ‘‘There will be a profound impact on fed- tious and important reform proposal prior to tion and border control efforts, and on oper- eral law-enforcement agencies unrelated to considering it in the full Government Re- ations at several federal departments within terrorism,’’ said Rep. Mark Souder (R–Ind.), form Committee in the coming weeks. the Subcommittee’s jurisdiction. Our chal- chairman of the House criminal justice sub- This is not, however, the first time we lenge as we move through this process will committee. Congress must ‘‘determine how have considered the important issues of fed- be to determine how best to ensure the con- best to ensure the continuation and preser- eral law enforcement organization, drug tinuation and preservation of these missions vation of these missions in the new depart- interdiction, border security, or their inter- within the new Department. We also must ment,’’ he added. relationship with the increased demands of optimize the organization of other agencies, Rep. Elijah Cummings (D–Md.) pressed wit- homeland security. We have held six field such as the DEA, the FBI, and law enforce- nesses on whether a heightened government hearings on border enforcement along the ment in the Treasury Department, which focus on fighting terrorism would signal a northern and southern borders of the United share tasks with agencies destined for the lessened emphasis on anti-drug efforts that States, I have personally visited several new department. And finally, we must con- might embolden local drug dealers who in- other ports of entry, and we have had two sider the many incidental benefits and timidate neighborhoods. ‘‘We’re fighting ter- Washington hearings on the implications of synergies which will arise from the Presi- ror every day,’’ Cummings said of his inner- homeland security requirements on other dent’s proposal. These include increased city Baltimore neighborhood. federal law enforcement activities. This is in operational coordination of narcotics and Donnie Marshall, a former Drug Enforce- addition to our ongoing oversight of Amer- migrant interdiction efforts among agencies ment Administration chief, said authorities ica’s drug interdiction efforts. that will now be united, as well as a signifi- need to continue fighting dealers and recog- Our work as a Subcommittee has made cantly improved focus on the links between nize that terrorists will increasingly look to very clear that the U.S. Customs Service, the drug trade and international terrorism. illegal activities such as drug dealing to fi- the Immigration and Naturalization Service, nance their operations. and the U.S. Coast Guard, which are among f One clear example is the Coast the most prominent agencies in the proposed REFORMING THE ARMY CORPS OF reorganization, have critical missions unre- ENGINEERS Guard. How does the Coast Guard make lated to terrorism which cannot be allowed a trade-off when their primary mission to wane and must be fully maintained. The The SPEAKER pro tempore (Mr. before had been search and rescue? A House has to carefully consider the inter- SCHROCK). Under a previous order of sailboat tips over. They are now down relationship of these law enforcement mis- the House, the gentleman from Oregon watching, say, a midlevel warning, we sions with the demands of homeland secu- (Mr. BLUMENAUER) is recognized for 5 do not have a hard warning, whether rity. minutes. we are going to get attacked on a The Administration has defined the mis- Mr. BLUMENAUER. Mr. Speaker, my chemical plant on the water, and for sion of the proposed new Department solely as one of preventing and responding to acts goal in Congress is to assure that the practical purposes these warnings of terrorism. The concept of ‘‘homeland secu- Federal Government is a better partner could be any water anywhere in the rity’’ has to be defined more broadly to in- to State and local communities, espe- United States. clude the many other diverse threats to our cially in developing infrastructure. But let us say we have a boat that is nation which are handled on a daily basis by Through its construction of water watching along the Ontario side north these agencies, as well as other law enforce- projects, the Army Corps of Engineers of Detroit. A sailboat tips over in ment activities. It is clear that there is sim- has been a major player in this career Huron, there is only one boat there, ply too much else at stake for our nation to throughout our Nation’s history. Re- where do they go? Do they go for the define the issues solely as ones of terrorism. Let me illustrate my point with a brief but cently some have questioned the Corps’ possibility that somebody may be very clear example of the risks which could planning and construction process and drowning, versus protecting from a cat- be posed when resources are allocated single- its ability to economically and envi- astrophic terrorism question? If we do mindedly. This map illustrates the deploy- ronmentally justify its projects. not put adequate resources in this De- ment of Coast Guard assets prior to the Sep- I have joined with other Members of partment, this will be the daily trade- tember 11th attacks. They are balanced and Congress in calling for reform and mod- off, because we are going from a mis- allocated to a number of important missions, ernization of the Corps of Engineers, sion of 2 percent on catastrophic ter- such as drug interdiction, illegal migrant including updating the principles and rorism of the Coast Guard to it now interdiction, and fisheries enforcement. I be- guidelines by which it operates, ad- lieve it is apparent here that a vigorous for- being their primary concern. ward American presence had been main- dressing and prioritizing the Corps’ What does this mean for drug inter- tained in the Caribbean and Eastern Pacific enormous project backlog, and devel- diction, because the primary intercepts for counterdrug missions and law enforce- oping a system of independent review. in the Caribbean and the Eastern Pa- ment. Perhaps most important, I think we cific, the western side of Mexico have A second map shows how the resources need to examine the role that Congress been the Coast Guard, but the boats were temporarily (and correctly I should em- itself plays in pushing through poorly cannot simultaneously be off Cali- phasize) deployed after the attacks to re- conceived water resources projects. spond to the terrorist attacks. It is evident Last week, the General Accounting fornia and down off Mexico. here that the enhancement of immediate Furthermore, what does it mean for homeland security had to come at the price Office issued a document which illus- fisheries in Alaska? When the salmon of the customary missions of the Coast trates why Corps reform is urgently circulate through, if you see these 3- Guard. The chart also shows the redeploy- needed, especially a new process for mile-long nets and things coming out ment of our assets from the front lines to a independent review of Corps projects.

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.018 pfrm09 PsN: H18PT1 H3644 CONGRESSIONAL RECORD — HOUSE June 18, 2002 The GAO report specifically examined essential role in water resources man- terms, like ‘‘executive privilege’’ or the Corps’ economic justification for agement. However, as the GAO report ‘‘national security.’’ There ought to be the Delaware River channel deepening pointed out, this is one of several inci- a presumption in favor of Civil Service project. It found ‘‘miscalculations, in- dents that have eroded the public’s status for these employees. If you can valid assumptions and outdated infor- trust in this planning process. overcome it, that is one thing. Let us mation’’ led the Corps to overestimate I look forward to working with my not begin by saying let us strip these the project benefits by over 300 per- colleagues to make sure that all the workers of their Civil Service status. cent. It found that the Corps had vio- Corps projects are economically justi- Let me raise two other concerns, Dis- lated basic economic principles in its fied and based on sound environmental trict of Columbia concerns. Wisely, the economic feasibility studies, projecting science. Currently our Subcommittee District and the President have under- benefits of over $40 million a year, on Water Resources of the Committee stood the District of Columbia is the when, in fact, the GAO found the bene- on Transportation and Infrastructure first responder for the entire Federal fits would be approximately one-third is working on the reauthorization of presence, the White House, the Con- of that amount. the Water Resources Development Act, gress, many Federal employees, 200,000 According to the GAO, the Corps had which directs these Corps operations. of them, all of those facilities. ‘‘misapplied commodity growth rate This is a timely opportunity to develop In one of the bills I was able to place projections, miscalculated trade route legislative language to achieve these the District at the table so that the distances, and continued to include reforms. District can coordinate all that is nec- benefits for some import and export f essary in order to be a first responder. traffic that has declined dramatically The SPEAKER pro tempore. Under a In fact, the Justice Department Ter- over the last decade.’’ previous order of the House, the gen- rorism Task Force has been working One of the most egregious examples tleman from Florida (Mr. WELDON) is just that closely with the District. of bad economics in the report found recognized for 5 minutes. In the President’s bill I will seek to that the Corps assumed the same one- (Mr. WELDON of Florida addressed insert such an understanding. The way distance for each of several trade the House. His remarks will appear President, I think, already understands routes, including the distance from hereafter in the Extensions of Re- this. The President has asked our own Pennsylvania to Australia, to South marks.) Mayor, Tony Williams, to be a part of his Homeland Commission that he just America, Europe and the Mediterra- f nean. formed this week, so I think he under- The Corps is supposed to have a sys- ISSUES CONCERNING HOMELAND stands that the first responder has to tem of controls in place to catch these SECURITY DEPARTMENT be in on the details from the beginning. errors. Unfortunately, the GAO report The SPEAKER pro tempore. Under a Finally, there is the issue of where to concluded that the Corps’ quality con- previous order of the House, the gentle- locate the Department. The troubling trol system was ‘‘ineffective in identi- woman from the District of Columbia word in the Washington Post today is fying significant errors and analytical (Ms. NORTON) is recognized for 5 min- about the possible location outside the problems.’’ utes. District of Columbia. It was said this In order to restore the public con- Ms. NORTON. Mr. Speaker, I am was only in the discussion phase. Let it fidence in the Corps, we need to ensure pleased that the President’s homeland stop there. I bring to the floor not only that other Corps projects around the security bill was delivered today. I am my own parochial concerns, that this is country do not suffer from the same on two committees that have been con- the Nation’s Capital, and this is where economic errors. It is clear that the sidering homeland security, so I par- important Cabinet agencies should be. system currently in place is not func- ticularly welcome the President’s There have executive orders for dec- tioning correctly if it failed to catch work. Some of us have been there for ades now indicating that. But I have a such errors as the Delaware project’s. over a year now, even a year before more important reason to offer. That is why I am working with my col- September 11. The United States Government owns leagues in the Corps Reform Caucus to All or parts of some agencies are, of and controls 180 acres 3 miles from the propose a system of independent peer course, to go together in a new depart- Capitol with all the possibility for the review for Corps projects. Many of the ment. When I say ‘‘all or parts,’’ I am setbacks. We probably only need 20 or mistakes identified by the GAO report indicating simply one of the details to 30 of those acres. It is the old Saint could have been identified and rem- be decided. The devil may be in the de- Elizabeth’s Hospital campus, with edied by independent peer review. tails, but so are the angels. some of the best views in Washington. This process that my colleagues in I would like to tease out three issues FEMA is already looking at this land the House and the Senate and I are pro- that I think can be dealt with if we for its new headquarters. It is close in. posing would not lengthen the Corps’ look them squarely in the face and un- It would not cost us any money. If you investigation and construction process. derstand they should not be barriers. try to go somewhere outside of Wash- Indeed, contrary to the claims of some First, there is the unfortunate issue ington, you will get wholesale opposi- critics, a streamlined review process of silence or delay on Civil Service pro- tion from those communities because could be applied to Corps projects tection for the thousands of workers they do not want their land off the tax around the country that meet certain that would be coming. We could begin rolls. Ours is already off. The Federal criteria, actually speeding up the study by, it seems to me, conceding that Government already owns it. The Dis- and construction progress. wholesale denial of Civil Service status trict is making use of the east campus Take the Delaware River project, for would create an unnecessary issue and for a new public safety communica- example. It has been studied for 10 would be very unfortunate. tions facility. It makes sense for us to years, since 1992. Now the GAO is rec- We are talking about people who do look very closely at the Saint Eliza- ommending after a decade that the many different kinds of things, most of beth’s campus, this huge campus, if we Corps prepare a new and comprehensive them not related to anything that are talking about placing another huge economic analysis of the project’s costs could remotely be considered the Na- agency under the aegis of our own gov- and benefits, address uncertainties, en- tion’s security. The mantra will be, ernment. gage an external independent party to ‘‘Hey, let’s decide all of that later.’’ These are matters that should not review the economic analysis, and then That creates needless uncertainty and become issues. They will require study. resubmit that to Congress. This extra opposition to this bill. Most of these They will mean that we have to take review could take years to complete employees will be doing what they our time to get at the details, put them and could have been avoided entirely have always been doing. The few who on the table and consider all the op- with independent peer review. will be handling truly confidential in- tions, instead of jumping to conclu- The Army Corps of Engineers has formation should be treated accord- sions about where to locate the agency made enormous contributions to our ingly. or who to strip of his job protection. Nation’s history, to its infrastructure We must not let homeland security Let us not put unnecessary issues on development, and continues to play an become like the use of other overbroad the table. There will be many hard

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.078 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3645 issues on the table. The issues I have Now, it is not shame on the pharma- BRINGING DOWN THE COST OF named, these three issues, where to lo- ceutical industry. It is shame on the PRESCRIPTION DRUGS cate, to make sure that the District is FDA, and it is shame on us here in Con- The SPEAKER pro tempore (Mr. included in the bill, and to make sure gress for allowing this to happen. SCHROCK). Under a previous order of that people are not stripped of their I want to point out something else, the House, the gentleman from Georgia Civil Service protection, these should and then I will yield to the gentleman (Mr. KINGSTON) is recognized for 5 min- be easy issues if we mean to get this from Georgia. Why this gets very im- utes. bill out by September 11, or certainly portant is because last year, according Mr. KINGSTON. Mr. Speaker, I will by the time we leave to go home at the start off by yielding to the gentleman end of this session. to the National Institutes of Health Health Care Management, prescription from Minnesota (Mr. GUTKNECHT). f Mr. GUTKNECHT. Mr. Speaker, I drugs went up 19 percent here in the want to come back to something that THE HIGH PRICE OF PRESCRIP- United States. The average Social Se- the gentleman from Georgia just said, TION DRUGS IN AMERICA curity cost of living adjustment was and I think it is an important com- only 3.5 percent. One more chart I will The SPEAKER pro tempore. Under a ment. What we are talking about now previous order of the House, the gen- show, because this is the most difficult is the prescription drug benefit under tleman from Minnesota (Mr. GUT- one of all. Medicare that will benefit seniors, and KNECHT) is recognized for 5 minutes. Earlier, one of our colleagues, the it will benefit seniors. We are going to Mr. GUTKNECHT. Mr. Speaker, I rise gentleman from California (Mr. FIL- put $350 billion into a program and today to talk about an issue that more NER), was talking about affordability; that clearly will benefit seniors. But it and more Americans are aware of, and will do nothing for those families right that is, first of all, the high price that and affordability is the real issue. It is Americans pay for prescription drugs, not about coverage; it is about afford- now who are struggling to pay for ex- but, more important even than that, ability. He said that there was not pensive drugs because they have a sick the difference between what Americans enough coverage in the Republican child. That is where, if we allowed re- pay and what the rest of the world pays plan that the members of the House importation, we could dramatically for the same drugs. Committee on Ways and means and the bring down the price of drugs, not just I have with me a chart that I have Committee on Commerce are putting for seniors, but for everybody. updated several times over the last sev- together. Mr. KINGSTON. Mr. Speaker, here is eral years, and it is one of those areas a letter from a woman in Colorado who Well, here is the number that the says that she actually is now getting where the more you learn about this, Congressional Budget Office tells us. the angrier you become at the system. her Tamoxifen from Canada. It took a Over the next 10 years, this is how little longer to get the prescription Let me point out some of the prices, much they estimate seniors will spend because I know these are hard to read filled, but it is $160 savings every 2 on prescription drugs. This is a 1 and months, $80 a month savings. That is a here in the Chamber and on C–SPAN. then an 8, and then 000,000,000,000; that But let me point out a few of these. lot of money for somebody on a fixed is $1.8 trillion. We cannot afford pre- Here we have Augmentin, a very income. scription drugs because the prices are commonly prescribed drug. The aver- Mr. GUTKNECHT. Mr. Speaker, that age price in the United States for a 30- too high. If we could do what some of is almost $1,000 a year. day supply, $55.50. That same drug in us want to do, and that is at least open Mr. KINGSTON. Absolutely. There Europe on average sells for $8.75. up the American markets to imports, are some other things that we have Let us take a drug like Claritin. we could save at least 35 percent. Mr. talked about that we think Congress Claritin is a drug going off of patent. It Speaker, I say to my colleagues, 35 per- should do to continue to decrease the still sells in the United States when we cent of $1.8 trillion is $630 billion just price of drugs. We mentioned re- made up this chart for about $89. In Eu- for seniors, just over the next 10 years. importation; we mentioned the pre- rope, the same drug sells for $18.75 Mr. Speaker, I yield to the gentleman scription drug benefit on Medicare. But there are also issues such as mal- from Georgia (Mr. KINGSTON). b 1600 practice reform, patent reform, de- Another drug that many Americans Mr. KINGSTON. Mr. Speaker, I ap- creasing the time for drug approval are very familiar with is the drug preciate the gentleman yielding to me. that it takes the FDA to sign off on a Premarin. Many women take the drug I want to say the great advantage of new drug, and also to look into the Premarin, especially as they reach reimportation is not only does it save overprescription. The gentleman may menopause. Mr. Speaker, $55.42 is the money now, it does it without a new know that the University of Minnesota American price; $8.95 if you buy that government program, and it is a mar- has actually done studies on this where drug in Europe. It goes on and on. ket-driven change. they have found as high as 40 percent Zoloft, a very commonly prescribed The gentleman often quotes Ronald of the drugs taken by seniors no longer drug; in the United States a 30-day sup- Reagan, who said that markets are need to be taken, or the prescription is ply is $114; in Europe it is $52.50. powerful things, more powerful than actually wrong, and that is costing Let me point out another very impor- armies. Here we already have groups millions and millions of dollars each tant drug that has done a lot of good in like Canada Meds. I am not familiar year. this country and around the world for with it, but I understand it is on the Mr. GUTKNECHT. Mr. Speaker, if people who suffer from diabetes, and Internet. Canada Meds can save Amer- the gentleman will yield, I think we something like 27 percent of all Medi- ican seniors right now on their pre- have to attack this problem on many care expenditures are diabetes related. scriptions, of all of the drugs that the fronts. The more we learn about it, the Glucophage in the United States costs gentleman mentioned, 30, 40, 50 percent more we realize there are an awful lot $124.65, and in Europe that drug is only routinely. It is not just for people who of problems. One of them is all of the money that $22. are 65 years old. If you are a mother Now, what we are talking about here the pharmaceutical companies are with three kids and they have ear- are the same drugs made in the same spending on marketing. I happen to be- aches, as small children frequently do, FDA-approved facilities that are sold lieve in free speech, so they ought to be you can save that money today. This is in both places. It would be easy for us able to advertise; but we ought to at going to happen with or without the to come to the floor of the House and least know how much of that drug dol- United States Congress. say, shame on the pharmaceutical in- lar is going to advertising. They ought dustry. Well, I am not here to say Mr. Speaker, I agree with the gen- to have to disclose that to people like shame on the pharmaceutical industry. tleman. Shame on the FDA, and shame us so that seniors know how much they They are only doing what any capi- on the United States Congress for not are spending on marketing. talist company would do, and that is passing a law to let the neighborhood Mr. KINGSTON. Mr. Speaker, there that they are maximizing their market pharmacist take advantage of these are some companies who are actually opportunities. low Canadian prices. leading the way. Eli Lilly, to their

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.081 pfrm09 PsN: H18PT1 H3646 CONGRESSIONAL RECORD — HOUSE June 18, 2002 credit, has stopped this practice of world trade, the FDA should not be al- crats have proposed not only fairness going to a doctor’s office and buying lowed to stand between American con- in drug pricing by our drug manufac- the whole staff lunch for the day, and sumers and lower drug prices. turers, but we have supported a uni- then leaving them with trays and trays Mr. KINGSTON. Mr. Speaker, I ap- versal prescription drug benefit as a of free prescriptions for samples. I preciate the gentleman’s hard work on part of the Medicare program to be think Eli Lilly should be commended this, and I look forward to working sure that all seniors can have their pre- for leading the way into a different with him on this legislation. scription medications as a part of the way of marketing, and I think other f regular Medicare program that has worked so well in this country for our drug companies should take a look at The SPEAKER pro tempore. Under a seniors for so many years. that. previous order of the House, the gen- I want to talk just real briefly on I come to the floor today during this tleman from New Jersey (Mr. PAYNE) is patents. Prozac went off patent last Special Order hour on behalf of the recognized for 5 minutes. August, and the price of Prozac fell 70 Blue Dog Democrat Coalition. That co- (Mr. PAYNE addressed the House. His percent. The question is, when we pay alition consists of 33 fiscally conserv- remarks will appear hereafter in the for so much of the research and devel- ative Democrats in this House who be- Extensions of Remarks.) opment on a new drug as American lieve very strongly that this country is taxpayers, should drug companies still f going in the wrong direction with re- be given a 17-year patent? I think that The SPEAKER pro tempore. Under a gard to its fiscal affairs. We believe in should be something that we should previous order of the House, the gentle- balanced budgets and paying down our discuss. Maybe it should be longer. woman from Georgia (Ms. MCKINNEY) is almost $6 trillion national debt. We be- Maybe it should only be 5 years, recognized for 5 minutes. lieve that it is time to face up to the though. (Ms. MCKINNEY addressed the reality that we are now robbing the So- Mr. GUTKNECHT. Mr. Speaker, I House. Her remarks will appear here- cial Security trust fund to run the rest think if we are paying for most of the after in the Extensions of Remarks.) of the government, something that this research, and something else most f Congress a year ago pledged not to do Americans do not know, and that is 44 The SPEAKER pro tempore. Under a on at least four or five occasions by percent of all of the money spent on previous order of the House, the gentle- record votes on the floor of this House. basic research in the world is spent by It seems that the Congress and the woman from California (Ms. WATSON) is Americans and American companies. recognized for 5 minutes. administration have not been candid Mr. KINGSTON. Mr. Speaker, it is (Ms. WATSON of California addressed with the American people about our something we should look at. the House. Her remarks will appear fiscal affairs. But what most Ameri- Finally, this approval process, some- cans remember is that a year ago we times it takes as long as 8 years to get hereafter in the Extensions of Re- marks.) were talking about record surpluses in FDA to approve a new drug. We should our Federal budget. We were talking reduce that, particularly for drugs that f about surpluses, as I remember Presi- are often being used in European coun- BLUE DOGS HAVE THE RIGHT dent Clinton saying, as far as the eye tries that are already on the market, PLAN FOR FISCAL RESPONSI- can see. And when President Bush there is a track record for them, and BILITY came into office with those projections the FDA is still holding them up. We of surplus, he called on this Congress have to ask ourselves how many people The SPEAKER pro tempore. Under to pass the largest tax cut in the his- are dying or suffering or are in pain the Speaker’s announced policy of Jan- tory of America. I voted for that tax during this approval process that had uary 3, 2001, the gentleman from Texas cut because I believe people need tax they been living in another country, (Mr. TURNER) is recognized for 60 min- relief. But when I voted for it, we were then they could get access to their utes as the designee of the minority projecting over $5 trillion in excess medicine. leader. funds that would flow into the Treas- Mr. GUTKNECHT. Mr. Speaker, com- Mr. TURNER. Mr. Speaker, I want to ury of the United States over the next ing back to the cost of research, I compliment my colleagues, the gen- 10 years. The tax cut took about half of think we in the United States ought to tleman from Minnesota (Mr. GUT- that estimated surplus. be willing to pay our fair share for re- KNECHT) and the gentleman from Geor- The problem is that we stand here search. When we look at these charts, gia (Mr. KINGSTON), for their presen- today 1 year after the enactment of clearly we should not be required to tation a few moments ago regarding that tax cut and the entire remaining subsidize the starving Swiss. the high cost of prescription drugs and balance of that estimated surplus is Mr. KINGSTON. Again, Mr. Speaker, their support for legislation that would also gone. In fact, we are back at the these drugs are things that seniors are allow the reimportation of drugs to point where we are not projecting sur- paying too much for right now. We allow our seniors to get the prices that pluses over the next decade; we are pro- have a woman in our office who has a are now offered in Mexico, Canada, and jecting deficits. So once again, the relative in El Paso. To get a prescrip- the citizens of every other country in Congress of the United States and the tion filled in El Paso it is $90. To go the world, except the United States. administration is putting the oper- over the border to Juarez is $29 for I want to make it very clear that all ations of our Federal Government on a Lipitor. It is such a tremendous sav- of us on the Democratic side of the credit card, a credit card that will be ings. But we see some of these drug aisle have supported that legislation, passed on to our children and our companies, their ads are slick, they are and we really think we should go fur- grandchildren. expensive, they are enticing. I have no ther and that we should provide fair- Mr. Speaker, I have a chart that will problem with them spending that ness in drug pricing to all American depict what has happened. What this money that way; but I do have a prob- seniors by requiring our drug manufac- chart shows us is the history of the lem with saying we can import our to- turers to end that practice of price dis- Federal budget since the last years of matoes, we can import all of our other crimination that results in the very the administration of President Lyn- groceries from Mexico or Canada or problem that they were talking about. don Johnson. any other country; but when it comes That is to say drug manufacturers are to drugs, even FDA-approved drugs, we selling the same medicine in the same b 1615 have special roadblocks for that, and it bottle with the same label, on average, It traces the history through the hurts American consumers. We have about half the price in every country in Nixon years and the Ford years, the the North American Free Trade Agree- the world except the United States Carter years, the Reagan and Bush I ment; and by golly, we ought to be able where we pay the premium. years, the Clinton years, to the present to leave Detroit and go over to Wind- Our senior citizens are hurting today administration. And what this chart sor, Ontario, and buy drugs. because they cannot afford the $400 and shows is the history of the Federal Mr. GUTKNECHT. Mr. Speaker, in the $500 and the $600 and the $700 pre- budget deficit, and we are talking the era of the Internet, NAFTA and scription drug cost. That is why Demo- about the deficit outside of the Social

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.084 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3647 Security Trust Fund, the Medicare been honest with the American people that the President submit to the Con- Trust Fund, and the other trust funds about our fiscal affairs because on the gress a new budget to put us back into of the government that the law says floor of this House once a week our Re- a balanced budget situation by the shall be protected for those uses. publican leadership presents another year 2007. We would like it to be The American people and this Con- tax cut for us to vote on. There are tax quicker, but the reality is that we are gress agreed a long time ago that when cuts that will not take effect until 2011 in a position where we are projecting people pay their payroll taxes into the because there are proposals to extend deficit spending at such a level that Social Security Trust Fund, that the tax cut that we voted for last June. unless there are dramatic changes in money ought to be used for people’s So- So we are down here debating whether our tax structure, we cannot possibly cial Security benefits, not to run the or not we should have a tax cut, to ex- get back into a balanced budget until rest of the government. Unfortunately tend a tax cut that will not expire 2007. So we are saying to the President, it has not worked that way. But the until 2010. We are down here spending yes, we will give an increase in the general budget of the Federal Govern- valuable time debating matters that, if debt limit, but as a condition to do it, ment’s history is depicted here, and so history holds, about half this Congress we want the President and the Con- what we have had over time is a his- will not even be here. Somebody else gress to adopt a new budget to show tory of deficits. Congress went for 30 will be serving in 2011. the American people we can get our fis- years before 1996 with deficits every Democrats believe it is wrong to be cal house in order by 2007. year, and those are shown on this telling the American people that we We also want that increase in the chart. This chart shows that those defi- can fight this war without making sac- debt limit to be subject to passage of cits got really big during the Reagan rifices, sacrifices that must be shared legislation that would continue some and Bush I years, and in 1991 when by all of us, not just the young men budget enforcement mechanisms, we President Clinton assumed office, we and women in uniform. So Blue Dog call them pay-go rules, that require began to pull our way out of deficit Democrats say that we ought to be this Congress to operate on a pay-as- spending. paying our bills. There is no question you-go basis, and make sure that we do Until the last year of the Clinton ad- that the bill collector is at the door. not increase spending unless we under- ministration, we actually had in the This next chart talks about an issue stand that there is a way to pay for it. Federal Government a true, genuine that will be debated over the next few Finally, we believe that as part of surplus outside of the Social Security weeks by this Congress; that is, the any agreement to raise the debt ceil- Trust Fund and other trust funds. We issue of the debt ceiling. We call it the ing, that we should have a responsible had a genuine surplus for 1 year in fis- statutory debt limit. There is a law on and reasonable limit on what we call cal year 2000. President Bush came into the books that says how much debt our discretionary spending. That is the office and said that we had to give Congress and our President can incur spending that we vote on every year in some money back to the American peo- for future generations, and current law a whole series of appropriations bills. ple as if to say it was in the bank, when says the debt limit is $5.95 trillion, al- We believe there ought to be caps it really was no more than a projection most $6 trillion. The law says that we agreed upon that that spending will of a future surplus that has turned out cannot incur any more than that. The not go over, so that we have a way of to be an incorrect estimate. The sur- problem is we are bumping up against controlling the spending by this Con- plus went away. that debt ceiling. As I said, about half of it was taken Now, a year ago when we were debat- gress. by the tax cut, but the other half dis- ing these tax cuts, the President and Those three requirements we think appeared because the economy turned the Secretary of the Treasury said, oh, are reasonable requests before we cast south on us. We actually experienced, we will not have to worry about the a vote to increase the statutory debt as my colleagues know, a recession. We debt ceiling until 2008. In fact, they limit. also had September 11, which has re- were projecting that we might even be To show another chart that will de- quired a significant amount of Federal in a situation where we will be paying pict our fiscal condition, I would like dollars in order to fight the war off our national debt too quickly, and to direct Members’ attention to this against terrorists and to protect the have to pay a premium in order to pay chart entitled ‘‘From Debt-Free to $2.8 security of our homeland. So the sur- it off before it is really due. Trillion in Debt in 2011.’’ Before we passed the tax cut last plus is gone, and the estimates are that All that sounds really amusing in we are back into deficits. And here are retrospect, because today the Sec- June, the projections were that we the projections for the next 5 years retary of the Treasury tells us that un- would actually have a surplus over the showing how deeply into debt the Fed- less we raise the statutory debt ceiling 10-year period. That is why we were eral Government is estimated to go. in a matter of just a few months, or, in able to vote for the tax cut. What we So what we are seeing is that the fact, really just a few weeks, we will projected was that the debt that this Congressional Budget Office has told default on obligations of the United country owes, much of which is owed this Congress that the estimated defi- States Government. We will not be able to the public, these people out there cits for the next 5 years will be even to pay people’s Social Security checks, that are buying all these Treasury greater than they have ever been in the and we will not be able to pay the Fed- notes, Treasury bills, and Treasury history of our Federal Government. eral Government’s bills, because we bonds every time the Treasury has an Blue Dog Democrats believe that this will not have the statutory authority auction, we projected a year ago that is wrong. We believe that when we send to incur the debt; that is, to borrow the there would be no debt held by the pub- young men and women into far-off money to pay those bills. So the ad- lic after 10 years. That is how rosy the places like Afghanistan to protect our ministration says we need to increase picture was projected to look. In fact, freedoms and our liberties, that the the debt limit, and they want us to in- we projected we would have a total rest of us who are back here at home crease it by $750 billion. elimination of the debt held by the should be at least willing to pay the Now, the Blue Dog Democrats under- public. bill. Otherwise we are telling those stand the reality of where we are Here we are a year later, and the cur- young men and women that not only today, and we understand that the debt rent projections are that by 2011 there are they going to fight the war to pro- ceiling will have to be raised in order will be $2.799 trillion owed by our Fed- tect our freedom, but when they get to prevent default on the obligations of eral Government to those people who back home, during their good income- our government. But Blue Dog Demo- will buy those Treasury bills, Treasury earning years when they reach midlife crats believe that when we vote for notes, and Treasury bonds. That is how and full adulthood, that those young that increase, number one, it should be dramatic the change in the Federal fi- men and women will have to pay the a modest increase, so we are not writ- nancial picture is over just 1 year’s bills for the war that they went as ing a blank check to the Congress and time. young people to fight, and we think the President to keep incurring more Now, some people would like to say that is wrong. and more debt. that, well, this is all okay, and do not And this administration and the It should be a modest increase, and it get worried about this because we are leadership in this Congress has not should be coupled with a requirement in a war on terrorism, and we have had

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.089 pfrm09 PsN: H18PT1 H3648 CONGRESSIONAL RECORD — HOUSE June 18, 2002 to spend a lot of money. That is true, were last year when we had that esti- are relying on the numbers that the but the reason we are going to have $2.8 mated surplus, and that was a $709 bil- Congressional Budget Office gives us. trillion in publicly held debt in 2011 is lion interest cost over 10 years; but as That keeps us all honest. It is a bipar- not totally due to the war. Some esti- I mentioned, things have changed since tisan body. mate that maybe 20 percent of this last June. We have had September 11. The Congressional Budget Office says number might be due to what we ex- We had the war on terrorism. We have that for the first 8 months, the first 8 pect to spend over the next decade on had the recession, and so the estimates months of this fiscal year, our Federal protecting the homeland and fighting now of how much interest it will cost Government has run a deficit of $149 the war. Nobody really knows. us to service the Federal debt of $6 tril- billion. Contrast that with what was But the truth is that the tax cut that lion has increased by $1 trillion. The going on during the first 8 months of we passed last June took away about estimates are that now we will spend in the last fiscal year, 2001, where we were half of our estimated surplus, and the interest alone 1.8, almost $1.8 trillion running a surplus of $137 billion. So in recession and the change in the econ- of our hard-earned tax money just to 1 year’s time we move from running a omy took away about one-fourth of it, service the interest on the $6 trillion surplus in the first 8 months of the fis- and maybe one-fourth of it disappeared national debt that we owe. cal year of $137 billion, to the current because of what we are having to spend Blue Dog Democrats believe that is a fiscal year during those first 8 months to fight the war. terrible waste of taxpayer money, and of running a deficit of $149 billion. That The bottom line is this: This Con- the sooner we can get the national debt is a dramatic swing in the fiscal condi- gress and this administration have not paid down and quit paying this kind of tion of our Federal Government. told the American people that the cir- interest, the better off our children and Tax receipts are running much lower cumstances that existed when we our grandchildren are going to be. So than anyone anticipated. The recession passed the major tax cut have dramati- the Blue Dog Democrats say, yes, we has been longer and slower to turn around than we had expected, and we cally changed, and this country is now understand that we are bumping up know now from what the Congressional headed towards some of the deepest against the Federal debt ceiling. We Budget Office tells us that for the en- deficits and largest debt that we have understand that we have got to do tire fiscal year we will likely end up ever seen in our history. something in order not to default on all the Social Security checks and with a deficit of well over $100 billion. Blue Dog Democrats believe that we So how do we go from 8 years of im- other obligations that the Federal Gov- have an obligation to run the Federal proving fiscal circumstances to now ernment owes; and we know that that Government just like the Members and finding ourselves unfortunately having debt limit is being reached within the I try to run our households and our to look forward to record deficits once next few weeks, but Blue Dog Demo- own personal businesses. We do not again? I am sure my colleagues can get crats say no blank check on ever-in- incur a debt at my house unless we a lot of people to give us a lot of dif- creasing debt. know how we can repay it within a rea- ferent answers to that question; but We say we will increase the debt in a sonable time. The Federal Government the bottom line is, things have changed modest amount, only if there is a com- does not seem to understand that. The and yet this Congress seems to operate mitment on the part of the President Federal Government, as Members as if nothing has changed when it and the Congress for the President to know, has no requirement in law for a comes to dealing fiscally responsibly submit a new budget that will be in balanced budget, and Blue Dog Demo- with our Federal tax dollars. crats wish we could change that with a balance by the year 2007, if we pass leg- I am glad to have on the floor with constitutional amendment, because islation ensuring that we continue our me this afternoon one of the leaders of most all of us served in our State legis- budget enforcement mechanisms that the Blue Dog Democrats, the gen- keep us on a pay-as-you-go basis and if latures, where they have a provision in tleman from Arkansas (Mr. BERRY), State Constitutions that says that we we have reasonable caps on the various who speaks with about as much clarity have to balance the budget, and we categories of spending for this year’s and common sense as anybody I have cannot incur debt unless we have a budget. It is no more than someone ever met in the Congress; and I am popular vote of the people to issue would do at their home or in their busi- pleased to yield to the gentleman to bonds for whatever purpose. ness. We think we ought to do it in talk on this very important issue. But in Washington there has never Washington. So that is what the Blue Mr. BERRY. Mr. Speaker, I thank my been such a requirement. We can spend Dog Democrats are proposing to this distinguished friend from Texas. The the money all day long and do not have Congress. gentleman has been a great leader on to pay the bill. All we do is charge it to There are 33 members of the Blue this issue and a great leader for the the credit card. The only constraint Dog Coalition. They work hard every Blue Dogs and a great leader for the that exists today is this Federal debt day, trying to be sure that the tax- State of Texas and this country; and ceiling that we are now bumping up payers are getting every bit of value we appreciate the effort he is making against that the President is asking us out of every tax dollar that we pay. We here today, also. to increase by $750 billion. That is the are trying to be sure that the Amer- Mr. Speaker, it is a sad day when we only constraint on unrestrained spend- ican people understand the finances of have to come back to this floor when ing, and the only restraint on ever-in- our Federal Government so that the only a little over a year ago we still creasing debt. pressure of the American people will be had surpluses. We had been presented brought upon this President and this with an opportunity in this country to b 1630 Congress to say enough is enough; and clear up the debt. We knew that if we Another chart which I would like to if we are not paying our bills, if we are were prudent, if we operated in a fis- show my colleagues is what I like to putting all of our obligations and all of cally responsible manner, if we fol- call the greatest waste in Federal our expenditures on a credit card for lowed or had followed the Blue Dog spending that I believe this can point our children and grandchildren, we plan, which said, first, take care of So- to; and I will be the first to tell my col- want it to stop. That is what the Blue cial Security and Medicare and pay off leagues, I believe the Federal Govern- Dog Democrats believe, and that is the debt that we owe, and let us do ment can save some money and cut what we are working hard for in this that, and then let us take a little bit of some costs and eliminate waste, but Congress. the money, all of this wonderful money one of the biggest categories of waste Another way to describe our deterio- that had been projected, let us take a in our Federal Government is what we rating fiscal picture is to share the re- little bit of that money and do the spend every year just on interest be- cent estimates of the Congressional things we know we should do for our cause the Federal Government has run Budget Office with my colleagues. The military, do the things that we know up this almost $6 trillion national debt. Congressional Budget Office is that we should do for our senior citizens, This chart shows us what the esti- arm of the Congress that gives us our make the necessary investment to be mated interest payments on our na- official numbers when we come down sure that this country continues to be tional debt is going to be. It shows us here and we debate tax cuts and we de- successful economically, make the nec- what the estimated interest payments bate spending, we talk about debt. We essary investments to be sure we are

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.090 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3649 secure, and then let us provide some I will never forget, and I have men- tions. The Blue Dog message was one tax cuts, let us take part of it and pro- tioned this several times, the Director that was so consistent with mine, it vide some tax cuts, we had a list of pri- of the Office of Management and Budg- was a great experience for me to learn orities there. et, Mr. Daniels, came to the Blue Dog about this group and be affiliated with We now have a disastrous situation meeting; and he very confidently told them. facing us. In a little over a year, we are us the greatest fear we have, the thing But that is only one reason why I am told now that we have already bor- we are most concerned about, is that happy to be a Blue Dog. The other rea- rowed an additional $300 billion in less we are going to pay off all of the debt, son I am happy to be a Blue Dog is that than a year, and it is going to take, by the economy is going to be doing so the Blue Dogs have a reputation for the time we get to the end of this year, well that we are going to pay off all of being very straight up. We put the fig- another $450 billion to keep the coun- the debt and no one will be able to buy ures and facts out on the table, and we try floating, to keep us solvent. That is a U.S. Treasury bond. That is almost are happy to work with people. And we $750 billion we have borrowed from our laughable. In fact, we would laugh say that in an honest way. We are pre- children and grandchildren. about it today if it was not so serious. pared to reach across the aisle and We come to this floor day after day, It is not a laughing matter when we work with anybody in this House, re- week after week; and all of us declare talk about passing this horrendous gardless of party, regardless of ide- how much we love our children, how debt on to our children and grand- ology. We want to work with them to much we love our families. We talk children. It is not a laughing matter come up with good ideas for being fis- about family values endlessly; and at when we talk about we are squandering cally responsible. the same time, we conduct our fiscal the opportunity to make Social Secu- We have gone through some tough matters as a Congress as if there were rity and Medicare permanent, make times this past year in this country, no tomorrow, as if no one has to an- sure that Social Security and Medicare and our circumstances have changed. swer for this. are there for the senior citizens that No question about that. We all are sup- What we are asking for, Mr. Speaker, are going to come into the program in porters of the fact that we have to put is for all of us to sit down, let us forget the next 15 to 20 years. This is not a in significant resources in terms of this this partisan stuff. It does not get us laughing matter. It is a very serious war on terrorism and efforts to in- anything. We have got a serious prob- matter. crease homeland security. These are lem. We have got a homeland security So, Mr. Speaker, what we are asking tough issues, and we have not resolved issue and a national security issue that for is let us sit down at the table to- them yet. In fact, the needs for this we must address and we will address it. gether. Let us work this problem out. war on terrorism and the needs associ- We have other top-priority issues that Let us do the right thing for America. ated with homeland security are going the Nation must deal with. Prescrip- to be developed for years to come prob- tion drugs for our senior citizens. We Let us do the right thing for our chil- ably, in terms of us knowing where we know how to do these things. We can dren and grandchildren. Let us do the right thing for this country, and let us are going to be. set the priorities and balance this So that is a significant factor, as I budget and protect Medicare and So- honor the people that founded this country, the people that fought for this said, and we support committing those cial Security and not pass an enormous resources. I know the Blue Dog coali- debt on to our children and grand- country, the people that gave their lives so that this great Nation of free- tion is very supportive of defending our children. borders and defending our people. But I cannot imagine a situation where dom and liberty could exist. Let us not with that change in circumstance, anyone would intentionally pass on a squander this opportunity that we still clearly, it seems to me, that calls for debt to their next generation just be- have to do the right thing. reassessing where we are in terms of cause they were too irresponsible to Mr. TURNER. Mr. Speaker, I want to deal with it themselves. This is some- thank the gentleman from Arkansas our total Federal budget because we thing that the Blue Dogs have great for his comments and for his strong have just had this significant change in concern about. leadership for fiscal responsibility. He our requirements, and coupling that Over and over we have presented a re- speaks with a great deal of common with an economic downturn and reve- sponsible plan to this House. We put it sense and enjoys the respect of the en- nues being down and projected deficits up for a vote and we lose, and we have tire Congress. coming in, those are all reasons why been presented with the plan that got Next, I yield to the gentleman from we need to look at this. the most votes, that puts us $750 billion Utah (Mr. MATHESON), another member My concern is that while we have deeper in debt today by the end of this of the Blue Dog Coalition who has been talking about this, that people year than we were a year and a half worked very, very hard trying to get are not taking it seriously and looking ago. It puts our children and grand- this Federal Government back on a at it. This is our opportunity now, be- children at a tremendous disadvantage. course of fiscal responsibility, who cause we are running up against our In fact, when they are presented with sponsored legislation to do that, who credit limit. We have not had to take a the debt, the unfunded obligation of has been a real leader in this House; vote here in Congress on the debt limit Social Security and Medicare and the and it is an honor to yield to him. for a number of years because we were running surpluses. Now we will have to other necessities that they are going to b 1645 have to deal with when their time take a vote on this. And the Blue Dogs comes, I do not know how they are Mr. MATHESON. Mr. Speaker, I ap- are not trying to say we are not going going to deal with it. It becomes more preciate the gentleman from Texas to raise the debt limit. The Blue Dogs of a burden than they are going to be yielding to me, and I want to thank are prepared to stand up for a straight- able to carry. him for continuing to be such an ar- up debt limit increase as long as it is I think, Mr. Speaker, it is time, it is ticulate spokesman on this issue. Just associated with a commitment to de- past time that both sides, the Demo- another reason why I am real proud to velop a plan for how we are going to crats and the Republican, let us sit be a Blue Dog. get out of this pattern of increasing down. We can figure this out. We can When I came to Congress, and I am a debts year upon year upon year. do this right. We are willing. freshman, so I am here in my first term I do not like taxes. I do not think any I remember just a little over a year in Congress, I had the opportunity to of us like paying taxes. But if we want ago how excited the Blue Dogs were. consider different groups to affiliate to take action to make sure future gen- We had a new administration come with and issues to focus on. And before erations pay a lot of taxes, just keep into town. We were looking forward to I even got here as a candidate, I was running up the debt now, because those working with a new administration to talking about the notion of fiscal re- future generations are going to have to craft a budget that would be respon- sponsibility, about what a great oppor- be paying the interest on that debt. We sible, that would pay off the debt, not tunity we have right now to take our are talking about a heavy tax burden add to it, but pay it off, take that bur- Federal budget and really work in a on future generations. That is cer- den off of our children, not make it good way to reduce debt and to reduce tainly not a legacy that I want to greater. the burden of debt on future genera- leave, and I would like to think most

VerDate 11-MAY-2000 01:36 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.092 pfrm09 PsN: H18PT1 H3650 CONGRESSIONAL RECORD — HOUSE June 18, 2002 people in the Congress, on both sides of I think the citizens of this country Some are proposing, in fact, to aggra- the aisle, do not want that to be their ought to be asking Congress how are vate the deficits we have now. Some legacy, but I am concerned that is the you going to pay us back? How are you are proposing that we pass tax cuts not direction we are going. going to pay back this debt? That is a that are effective today or tomorrow, Now, we sit here and talk about this, fair question, and it is incumbent upon but that will not take effect for 10 I recognize there is no easy way out of us to take that on. years. We had a vote last week on one that. I will admit that. This is going to So here we are again today. Week such proposal. We had a vote the week take a lot of work and a lot of smart after week we raise this issue. I make before on yet another. And at the same people getting together to try to work the request one more time. I ask Mem- time we are proposing further tax cuts through this, to get our budget situa- bers of the House, let us get away from that will not take effect until more tion going from a path of increasing the rhetoric, let us sit down and let us than a decade from now, the leadership deficits to where we are back on the work together on this very difficult is proposing that we increase the na- path of fiscal responsibility. Nobody issue. Let us do the right thing for fu- tional debt by three-quarters of a tril- has a monopoly on all the good ideas ture generations, let us do the right lion dollars. around here, not one individual, not thing to get our budget back on track. Now, these votes do not take place on one party, but as Blue Dogs, we are sin- That is what the Blue Dogs are all the same day. It would be very dif- cere in our request that people sit about, and I hope that people will take ficult, I think, to schedule a vote to down with us. us up on this offer. cut taxes 10 years from now on the one We are ready to roll up our sleeves With that, Mr. Speaker, I will yield hand and to raise the national debt on and work hard, and ready to face the back to the gentleman from Texas. the other and have the votes back to tough decisions. That is why our con- Mr. TURNER. Mr. Speaker, I thank back. That would be very difficult to stituents elected us. We are supposed the gentleman from Utah, and again I justify. But, in fact, that is exactly to take on the tough issues, and this is thank him for his leadership on this what is taking place on the House a tough issue. My concern is that right issue. The gentleman represents a new floor. now Congress is not willing to address generation of leaders in the Congress, We recently had a vote on the war- where we are going. We are too con- leaders that have a conscience as well time supplemental appropriations bill. cerned about short-term considerations as an understanding that we have to That is a measure that every Member in the next election. We need to be pay the bills. of Congress supports. It provides nec- looking at the next generation in the That reminds me of the diversity of essary supplemental funding for the way we make our decisions. the Blue Dog coalition. We have Mem- war effort. But buried in that bill of a So as Blue Dogs, every week, we bers from all over the country now, couple weeks ago was a provision to come out on the House floor to try to from Texas to Florida, New York to allow the national debt to increase $750 highlight this issue, because it is such California, to Utah. We have Anglos, billion. Now, why was that buried in an important issue to us. It is such an Hispanics, African Americans. We have that bill? It was buried there because important issue to my constituents. I Congressmen and Congresswomen all Members did not want to have to jus- hear about it all the time when I go committed to the central principle of tify or explain how it is we could be back home. So, as I say, we are sincere the Blue Dogs, and that is we need to voting to extend tax cuts beyond 10 in our request. We have been out here balance the Federal budget, pay down years from now when at the same time many times. People have not taken us this $6 trillion national debt, and en- we are raising our national debt. We up on it yet, but we are getting to the sure that we do not pass that on to our are, in fact, borrowing the money to point where this debt limit is going to children and to our grandchildren. provide some of these cuts. be hit. The Senate has already passed a One other Member of the Blue Dog That is not any way to run a Nation. debt limit bill to raise the debt limit, coalition that has joined us on the That is not how we run our budgets at and now it is our time. It is our time floor here today is the gentleman from home; that is not how we ought to run here in the House. California (Mr. SCHIFF). He is an out- our budgets here. What we have to do Now, if we turn this into a partisan standing member; has been a leader on is recognize that the prosperity that situation, I suppose the majority many issues of fiscal responsibility. He we enjoyed in the last 10 years was con- party, if they can reach consensus, can came to the Congress after a distin- tributed to by the fact that we had our pass a debt limit increase without guished career in the California Assem- budget in balance; that, in fact, we Democratic votes. We, as Blue Dog bly, and I am very pleased to yield to were running a surplus for the first Democrats, are prepared to offer a vote him. time in many, many years, and keeping in favor of raising that limit, as I said Mr. SCHIFF. I thank the gentleman our budget in balance had the effect of earlier, as long as it includes with it for yielding to me and for his sustained keeping interest rates low, making the some sense of a plan or a process by leadership in dealing with the coun- dream of home ownership possible for which we are going to come up with a try’s fiscal situation. so many American families. plan to get us away from this path of Mr. Speaker, it was not so long ago, Have we forgotten already the bene- deficit spending. That is what we are in fact it was just last year, that the fits of having a budget that is in bal- asking. administration was warning Congress ance, of paying down the national debt, That, to me, is such a common-sense of the dangers of paying down the debt the confidence that that inspires in request, because if you are in the pri- too fast. We were entertaining sce- American markets, the impact it has vate sector, whether it be your house- narios where the Nation would have no on the lower interest rates we pay on hold budget, or whether you are in the debt, and what would the consequences our mortgages or on our credit card business world, if you are spending out of that be. These were the discussions debt? That is a real tax on the Amer- more than you are taking in, you know that were going on in this very Capitol ican people. You are taxed every time you have to change something over the just a year ago. Well, would that these you pay your mortgage. You are pay- long run. You just cannot keep doing dire prophesies had come true and that ing for the cost of borrowing money. that over time because it does not we were today faced with that dan- And we are making that more expen- work. And particularly if you want to gerous prospect of a Nation without sive for you because, in effect, the Fed- borrow more money, it does not work, debt. eral Government is competing with because nobody will lend you that In fact, we are very far from being a you to borrow money whenever we run money because you do not have a good Nation without debt. Our debt has only a deficit, whenever we are in debt. story to tell how you are going to get increased since last year. Our deficits So the action we take in raising the out of that pattern. So when you go for have only spiraled since then, because national debt by $750 billion means that car loan or you go for that home not long after those warnings of those that your mortgages are going to be mortgage, the banker will look you in dire predictions of a debt-free America, more expensive, that you are going to the eye and say, tell me how you are war and recession intervened, and now be paying more in interest rates, that going to pay me back. A very reason- we are in a situation where this Nation your children are going to pay more, able request. faces deficits as far as the eye can see. that a prescription drug benefit may be

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.093 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3651 placed out of reach because we simply There are many things that we would fiscal irresponsibility that we are now do not have the resources to pay a bil- like to do that are competing for the embarked upon. same resources, but we have to recog- lion dollars a day in interest and try to I pointed out this chart early in our provide prescription drug benefits for nize that if we do work together and we hour, and I want to point it out as we seniors that cannot afford to pay for do take down this national debt, pay it their medicine and pay their rent and off, reduce our deficits, that means close. Just 1 year ago when the Presi- buy their groceries at the same time. that the billion dollars a day that we dent submitted his budget, it was esti- So what do we do? The administra- are spending in interest we can spend mated that we would not reach the tion says we need to raise the debt one day’s worth of that interest on statutory debt limit set by this Con- limit; that we need to borrow, or we building new schools in your neighbor- gress until the year 2008. are going to default. Are we in the Blue hoods. We can spend another day of Mr. Speaker, we now know that we Dogs advocating that we go into de- that interest providing prescription are bumping up against that debt fault? Of course not. No one in the drug benefits to seniors. We can spend limit, too. If we continue along the House is advocating that we default on another day of that interest on fixing our fiscal obligations. But what we are potholes in the roads. We can spend an- path of the President’s budget sub- advocating, what we are asking of the other day of that interest in making mitted to us in January/February of leadership of this House is to work sure that we expand health care access this year, we will see record increases with us on a more modest increase in to children. We can give another day of in the debt owed by the taxpayers of the national debt and, at the same that interest back to the taxpayer and this country to the extent of an in- time, work with us on a plan to get help them pay their personal debts and crease of over $2 billion over the next this country back to a balanced budg- their personal obligations. And this is decade. That is a course that we should et. They have to go hand in hand. just with a week’s worth of interest, $7 not follow. American taxpayers would not want billion that can be provided in the form to increase the debt limit on a credit of additional tax cuts or that can be That means that the young men and card without any plan for how they provided in the form of additional serv- women fighting for our freedom today were going to pay off their credit card ices for the American people if we do in Afghanistan and other far-off places debt. That would not be a smart invest- not saddle ourselves with nonproduc- will not only sacrifice in the battles ment. The same is true for the Nation. tive debt, and that is the challenge. that they fight for our freedom today, Before we extend the limit of what this And I want to applaud my colleagues but when they come home someday, country can borrow, we ought to re- who have worked so hard and for many when they are in their middle years, years to bring about a sense of fiscal quire of this Congress and this admin- their highest income earning years, discipline in this body, to restore the istration that we come up with a plan they will have to pay the bill for the commitment that we have made, both to balance the budget over the inter- very war that they went today to fight. mediate term and the long term, recog- parties, to provide valuable services to nizing that in the face of the war on the people we represent, to not encum- The sacrifices that will be required of terrorism, in the face of our efforts to ber the future of this country and our the people of this country to win this pull ourselves up from this economic children’s future in a debt they cannot war on terrorism are indeed great, and downturn, that we may have to endure climb out from under. This is our time, they are sacrifices that all of us must deficits in the short term. Still, in the this is our challenge, and I think we be ready to share in. The Blue Dog midterm and in the long term, we must are up to it. Democrats are here to remind Congress Mr. TURNER. Mr. Speaker, I thank get back to putting our fiscal house in and the President that somebody has the gentleman from California (Mr. order. got to be willing to pay the bills. And all of this begs a question, Mr. SCHIFF) for his comments. And I think the reality of our current fiscal condi- Today the debt collector is at the door, Speaker: Where have all the budget and he is knocking. He is telling us hawks gone? Where have all the advo- tion is certainly as he stated, and I that we are running this government cates of a balanced budget gone? There think every Blue Dog Democrat be- off the Social Security trust fund at a used to be some great voices in this lieves we need to give the American time when Social Security will be Chamber for balancing the budget, for people as much tax relief as we can af- paying down the debt. Many of my col- ford to give them. But he is exactly under the greatest stress in its entire leagues on this side of the aisle won right that when there are tax cuts pro- history. As the baby boom generation their seats in the House 15 years ago posed on the floor of this House week retires and becomes eligible for Social and 20 years ago by campaigning after week, the reality is whatever tax Security is just the time that we see against the spiraling national debt. cuts are approved today over and above the projections of an ever-increasing what we have already done for the Federal debt and growing deficits in b 1700 American people in the largest tax cut our annual Federal budgets. Where have they gone? Why have we in our history that was passed last We need to be honest with the Amer- forgotten so readily the value of the June, those additional tax cuts will ican people. We need to be willing to importance to our future of having a just be paid for with borrowed money. balanced budget? So we are going to take money out of tell them the truth, and we need to be So today we urge our colleagues to the Social Security trust fund or bor- able to act in a bipartisan way recog- work with us. Let us have a modest in- row money from the public so we can nizing the reality of our current fiscal crease in the debt in light of the run the government and give these ad- situation and recognizing that every present difficulties, in light of the de- ditional tax cuts. one of us is going to have to do every- mand for resources for the war on ter- That is not fiscally responsible, and I thing necessary to win the war on ter- rorism. Let us have a modest increase certainly appreciate the fact that all of rorism to protect the security of this in the debt. But let us accompany that us want to be able some day to vote for country, and together we must be will- additional tax cuts. I certainly do. But increase with a plan that gets us to a ing to pay the bill. balanced budget once again. Let us not I think that what the Blue Dog Demo- dramatically expand our national debt crats stand for is first making sure So we have come here today and with no plan whatsoever. That simply that we are paying the obligations of shared together in this hour of time on is not being a good trustee for the the United States Government, what- this floor to simply say to this Con- American people. And that is the chal- ever they may be; and it is a tragedy to gress and this President, let us work lenge ahead of us today, to work to- think that the course that we are now together to balance our budget, to pay gether, with this House, Democrats and following will result over the next dec- our bills, and to be sure that we do not Republicans, with our colleagues in the ade of an additional trillion dollars in pass the costs of today’s government Senate, with the administration. We interest costs to the American tax- and today’s war on to our children and can do this. We can do this. We have payer, wasted money just paid out on our grandchildren. done this before. It is not easy. interest just because of the course of

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.095 pfrm09 PsN: H18PT1 H3652 CONGRESSIONAL RECORD — HOUSE June 18, 2002 REPORT ON RESOLUTION PRO- zens throughout the country. We all proposal even some of that will be sub- VIDING FOR CONSIDERATION OF know how difficult it is for some of sidized for you in addition to the other H.R. 3389, NATIONAL SEA GRANT these seniors to pay for the prescrip- benefits that will be there for you. COLLEGE PROGRAM ACT AMEND- tion drugs that they have been pre- So I am quite excited that tomorrow MENTS OF 2002 scribed for their particular condition. the Committee on Energy and Com- merce will begin marking up this im- Ms. PRYCE of Ohio, from the Com- One of the disappointing things about portant legislation to provide finally mittee on Rules, submitted a privi- last year was that although the House passed a meaningful prescription drug prescription drugs for our senior citi- leged report (Rept. No. 107–514) on the zens. My only hope is, and I am con- resolution (H. Res. 446) providing for benefit, the Senate did not pass one. So we found ourselves back this year at vinced, by the way, that the House of consideration of the bill (H.R. 3389) to Representatives will pass it again, and reauthorize the National Sea Grant the same place that we started last year. So we made it very clear on the my only hope is that the U.S. Senate College Program Act, and for other will step up to the plate and not make purposes, which was referred to the Republican side of the aisle that we were committed to a meaningful pre- this a political issue just because we House Calendar and ordered to be are approaching an election but will printed. scription drug benefit for senior citi- zens that would not bankrupt the coun- step up to the plate and enter into f try. Because, obviously, we can spend a meaningful dialogue so that they too will pass a prescription drug benefit REPORT ON RESOLUTION PRO- trillion dollars over 10 years, or $2 tril- lion over 10 years, but that certainly that we can send to the President; and VIDING FOR CONSIDERATION OF I know that President Bush has indi- would not be fair to the young men and H.R. 1979, SMALL AIRPORT SAFE- cated time and time again that he will women who are out working today with TY, SECURITY, AND AIR SERVICE sign the legislation. IMPROVEMENT ACT OF 2002 children. I think tomorrow is a big day for sen- Their employer does not provide Ms. PRYCE of Ohio, from the Com- ior citizens throughout the country health insurance for them, and they mittee on Rules, submitted a privi- and for all of us who have parents and have made too much money for Med- leged report (Rept. No. 107–515) on the aunts and uncles who need this benefit, icaid to provide their health coverage, resolution (H. Res. 447) providing for because, as I said, we will begin mark- and they are not old enough for Medi- consideration of the bill (H.R. 1979) to ing this up tomorrow and I think with- care and yet they are paying taxes that amend title 49, United States Code, to in 3 days it will be coming out of our go for the Medicare beneficiary and the provide assistance for the construction committee and then hopefully going to Medicaid beneficiary. We tried to be of certain air traffic control towers, the floor. I appreciate very much the reasonable about this to get a prescrip- which was referred to the House Cal- gentleman yielding to me this evening. tion drug benefit on the books to get endar and ordered to be printed. I look forward to working with him to- started in a meaningful way, and our morrow and the next 2 to 3 days as we f proposal will spend $350 billion over 10 try to finish this matter up. PRESCRIPTION DRUG COVERAGE years. I have a chart here that shows Mr. FLETCHER. I thank the gen- the House Republican principles on The SPEAKER pro tempore (Mr. tleman from Kentucky for coming and this issue. joining us tonight. You were talking KENNEDY of Minnesota). Under the One, we obviously want to strengthen about the Democrats and some people Speaker’s announced policy of January Medicare, and we are committed to a 3, 2001, the gentleman from Kentucky talking about this is not a big enough prescription drug benefit. plan, but it is interesting when we look (Mr. FLETCHER) is recognized for 60 Two, we want to lower the cost of minutes as the designee of the major- to just a year ago, there was an amend- prescription drugs now. We want to ment offered by the gentleman from ity leader. guarantee that for all seniors, prescrip- South Carolina (Mr. SPRATT), a Demo- Mr. FLETCHER. Mr. Speaker, as we tion drug coverage will be covered crat, that set aside only $303 billion speak tonight, there is a committee under Medicare. and we have a list, and I think this is marking up the prescription drug bill We want to improve Medicare with virtually every Democrat, voted for which will provide prescription drug more choices and savings, and obvi- that. Yet now 1 year later, in a polit- coverage for all seniors in this country. ously we want to strengthen Medicare ical year, in an election year, we have I believe it is one of the most pressing for the long-term future. a political statement that it is not issues in health care that we face The other side of the aisle has made enough, even though we increased it today, and so I am glad that we are a lot of arguments that we are not from $303 billion in our budget, set going to spend this next hour talking spending enough money on prescription aside for prescription drugs and en- about the House prescription drug drugs. As I stated earlier, many of us hancing and improving Medicare, to plan; and I thank the gentleman from agree with that. But when we have a $350 billion. All of a sudden in an elec- Louisiana (Chairman TAUZIN), and the Nation at war against terrorism, when tion year we hear this demagoguery, it gentleman from Florida (Mr. BILI- we are just coming out of a recession, is not enough. I really appreciate what RAKIS), the chairman of the sub- it is important that we get this on the you have said on that. committee, for their leadership in books and that we be reasonable in our Mr. WHITFIELD. If I may make an bringing this bill to the floor and mak- approach; and I think that is precisely additional comment. You are exactly ing sure that we have a plan that is what we are doing. correct. We are being challenged, also, reasonable, doable, and will provide But yet I want to make it very clear of trying to raid the Social Security immediate relief for seniors. because the other side of the aisle has trust fund to pay for this. I would point I am accompanied by some of my col- indicated that this is not a meaningful out that between 1936 when Social Se- leagues today, and at this time I yield prescription drug benefit program, curity started and 1995, a period that to the gentleman from Kentucky (Mr. which I would disagree with. But if, for was controlled by Democrats except for WHITFIELD). I know this has been an example, you are a single person on about 4 years, they spent over $800 bil- important issue that the gentleman Medicare today under our bill, if your lion from the Social Security trust has worked on. salary is $13,000 and below, then all of fund; and no one raised questions about Mr. WHITFIELD. Mr. Speaker, pre- your prescription drugs will be paid for it, no one objected about it; and not scription drugs for seniors on Medicare, by the Federal Government. If you are until 1994 when the leadership of this this is an issue which has been before a married couple and your joint income House changed were we able to start the Congress for quite some time. is $17,910 or less, then all of your pre- reversing that. There has been a discussion about it scription drugs will be paid for by the One other comment that I would for a number of years. If Members will Federal Government. make is that the U.S. Senate, I am sure recall, last year for the first time the of what they are going to do is they are House of Representatives under our b 1715 going to put out a prescription drug leadership did pass a meaningful pre- And if you are married and you are plan that may be in the trillions of dol- scription drug benefit for senior citi- making about $21,000 a year, under our lars, who knows what it will be, which

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.097 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3653 is very easy for them because they did costs, including 80 percent of the first I want to thank the gentleman for join- not pass a budget on their side of the $1,000 after a deductible and 50 percent ing us this evening. aisle. And so they are not bound by any on the next $1,000. Next I would like to recognize, and I constraints whatsoever. So for them to This plan is workable, this plan is have spoken about the chairman of the criticize us about spending too much simple, and this plan is right for Amer- Committee on Energy and Commerce money and bankrupting Social Secu- ican seniors. I urge my colleagues to who has just been tremendous in tak- rity, which is a false allegation, they join me in supporting this common- ing the leadership. This is a very, very do not even have a budget. And so they sense approach to ensuring our seniors tough issue. I am very pleased and hon- are going to send a plan over here that have the prescription drug coverage ored to serve with the gentleman from we know will be so expensive that we they need and deserve. I would like to Louisiana (Mr. TAUZIN) on the Com- will not be able to adopt it. But this is again thank the gentleman for Ken- mittee on Energy and Commerce and a great starting point. You have pro- tucky for all his hard work. want to certainly yield to him on this vided great leadership on this issue Mr. FLETCHER. I thank the gen- issue. I again thank you for your lead- since you have been in Congress. I want tleman from Oklahoma. Before he ership. We plan on marking up this bill to commend you for that. leaves, let me just ask him a question tomorrow and because of your leader- Mr. FLETCHER. I thank the gen- and make a remark. It certainly ship, we are going to be able to do that. tleman from Kentucky. sounds like you have had a number of Mr. TAUZIN. I thank the gentleman Next I would like to recognize an- town hall meetings. As I go around my from Kentucky. Let me also thank you other gentleman that has joined us this district in central Kentucky and I have as the newest member of the Com- evening on this discussion, a very im- had some town hall meetings with sen- mittee on Energy and Commerce not portant subject, prescription drugs, one iors, I really hear that this is probably simply for taking the lead to literally of our newer Members who has taken a the most pressing issue. You men- organize our efforts here on the floor to leadership role on this, the gentleman tioned that illustration of the $1,000 a make sure that this bill is not just suc- from Oklahoma (Mr. SULLIVAN). We are month of income. I hear this, espe- cessful through the committees but glad to have him here this evening. cially from widows, women that have that we actually pass it through the Certainly we appreciate him coming worked very hard all their life but they floor of this House and give the Senate and sharing his remarks as we address worked in the home. They are left with time and a chance to work on their this very important issue. Social Security, which is very inad- version of this bill so we might accom- Mr. SULLIVAN. Mr. Speaker, I equate to provide for all the things plish it before the November elections thank the gentleman from Kentucky they need in addition to prescription instead of just talking about it inter- for all his hard work on this very im- drugs. I just want to thank you and see minably. I want to thank you for all portant issue. I have only been in Con- if you have any further comments on the great work you have already done gress for about 4 months. When I was that and this plan that we brought out on health care issues in the past and campaigning, I would go door to door. here that would pay virtually 100 per- again what a great asset you have be- One of the biggest issues I heard from cent of coverage for those individuals come to the Committee on Energy and seniors was about Social Security, peo- that you talked about. Commerce and our work on health ple living on fixed incomes, maybe had Mr. SULLIVAN. A lot of women are care. a small pension, but it was about pre- outliving men, too. You hear a lot of Let me perhaps sum up the major scription drugs. One lady that did not that at these meetings as well. A lot of components of what we have nego- live too far from me, I remember going times, too, they say, Well, John, we tiated with the Committee on Ways to her house. She said that she got have heard this a lot about prescrip- and Means and which we will hopefully about $900 a month from Social Secu- tion drugs and we know you can’t just bring to the floor in good shape next rity and her husband had passed away, give drugs to everybody. We want a week as we go through our committee he had a small pension from the rail- plan that you can actually do. I have process this week. The major compo- road, and she was paying $1,000 a told them that we passed a budget, we nents of what we are suggesting is that month for prescription drugs. Luckily put the money in this budget to accom- it is time to quit talking and to put in she had a son that had an okay job and plish this goal, and we can get this place a real and sustainable entitle- was helping her out. We need to change done in this Congress. This is not pie in ment program within Medicare that that. the sky; this is a doable plan that we will provide access to drugs at more af- Over the recess, this last recess we can accomplish this session of Con- fordable cost to the seniors of America had, I went home and visited many sen- gress. We all know that the President who must depend upon drugs today for ior centers in Tulsa and the sur- has said that he wants this done, he their daily and annual health care rounding areas. After meeting with wants it on his desk, he will sign this needs. The same way seniors in the thousands of seniors, it became clear bill. So it will be a travesty if this does 1960s depended upon hospitals and clin- that prescription drugs is definitely not pass. ics, seniors now depend upon drugs to needed. It is a simple fact that every Mr. FLETCHER. We certainly appre- maintain their lives in successful qual- senior should have access to the pre- ciate the gentleman from Oklahoma ity time. scription drugs they need. Yet we know being here tonight and his leadership Those of us who still enjoy parents that ‘‘simple’’ is not always synony- on this very important issue, taking up and grandparents, I still have a mother mous with ‘‘easy.’’ I firmly believe that this issue in a manner that, as you whom I love dearly, know that were it it is important to pass legislation that have described, is reasonable, respon- not for the Medicare system being will not just last for 10 years like the sible and, the big word, ‘‘doable.’’ This there for her and the amazing advances Democrat plan, but for generations and is doable. When you look at the alter- of drug therapies and the capacities of future generations to come. Therefore, native plans that the minority is offer- modern pharmaceuticals to continue to as this body of Congress debates legis- ing, this is a plan that escalating costs make her life not only comfortable and lation, we must be responsible. The bill would require ever, ever, ever-increas- enjoyable but vibrant and alive, under- must be fiscally achievable this year, ing taxes on hard-working Americans. stand how critical it is we change next year and for years to come. We Yet they have offered no explanation Medicare to create this new benefit. must not fail our seniors today, tomor- other than saying, well, we will sunset Unlike the Senate bill, which they row or 50 years from now. this plan after a few years so that we can outbid us on the dollars they can The legislation that has been intro- do not have to deal with the runaway spend because they are not bound by duced by the House Republicans pro- costs that their plan incurs. You are any budget, they have never passed a vides a guideline that accomplishes absolutely right as you have taken the budget, and I should say the other these goals by offering coverage on a leadership to represent your folks back body, just as the other body can outbid voluntary basis to all seniors. Most in Oklahoma, that this plan is very us, so can our colleagues in the House seniors pay between $1,800 and $1,900 reasonable, it is very fiscally respon- outbid us if they do not want to abide per year on their prescriptions. This sible, it is a tremendous benefit to our by the budget numbers. But the budget bill will cover the majority of seniors’ seniors, and it is doable. It can be done. numbers provide us with $350 billion.

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.099 pfrm09 PsN: H18PT1 H3654 CONGRESSIONAL RECORD — HOUSE June 18, 2002 We were charged with crafting an enti- teaching facilities, not 100 percent yet I thank the gentleman for his ster- tlement program, a program that because we still have some work to do ling work on the Committee on Energy would last forever, that would not be to do total repair, but we repair some and Commerce and for calling this spe- sunsetted, that would be available to of those reimbursement concerns and cial order tonight. seniors and they would know it is we make sure that the doctors in fact Mr. FLETCHER. I thank the gen- available for the rest of their lives. get a positive reimbursement in the tleman from Louisiana (Chairman TAU- That is the first thing we did. We craft- years ahead and that nurses and hos- ZIN). It is certainly a privilege to serve ed a drug benefit within Medicare that pitals get positive reimbursements to with the gentleman. Again, I want to was truly an entitlement. make sure that Medicare is always thank the gentleman for the endless The second thing we did was to make available in all the communities of hours that he has put into it, him and it voluntary, just as part B is, just to America. his staff and the other members on the make sure that seniors know that if The last thing we want to see is some committee, to put together this bill. It they like it, they can sign up and ac- community lose its Medicare providers is the culmination of several years’ cept the benefits of it or they can de- because we failed to take care of some work. cide they would rather not have it, of the reimbursement concerns and the We have improved on the bill we they would rather have a private insur- cliffs and the walls that some of these passed a year-and-a-half or 2 years ago. ance plan that they are enrolled in or providers are about to hit. And so this We made some tremendous improve- perhaps not invest in this plan at all. bill addresses, within the confines of ments, as the gentleman stated. That What we know from those who have the dollars available to us in the budg- is why it is estimated that 93 to 97 per- looked at our plan is that we expect, et, this drug benefit program but also cent of the seniors would find this plan from the managers of Social Security the needs of the provider community to so attractive that they would take ad- and from CBO estimates, that as many make sure that, in fact, doctors and vantage of it, just as the gentleman’s as 93 to 97 percent of the seniors of nurses and hospitals are still available mother said. America will likely take advantage of to carry out ordinary Medicare services Let me thank the gentleman also for this new drug benefit. Why? First of to folks like my mom and to folks like his leadership. The Committee on En- all, because if any senior lives under your seniors in your community. ergy and Commerce has historically 175 percent of poverty, the plan pro- taken a very strong leadership role in b 1730 vides total subsidy of the premium, in health care, and the gentleman has other words, total subsidy support, Last of all, in the bill we obviously continued not only that, but enhancing total support within this $350 billion want to make sure that the that leadership role, and it is a privi- that we are going to spend over 10 Medicare+Choice programs that have lege to serve with the gentleman. I years toward the purchasing of this been available and are still available as thank him for coming and sharing the drug coverage for them. an option to seniors in this great coun- time with us this evening. Secondly, we know that seniors are try are still available. So we help make As we continue to look at this, the going to like this. Even though they sure we stabilize those programs with- chairman of the Committee on Energy may not get all of the drug cost cov- in this bill. and Commerce mentioned that we set ered in the first $1,000 and $2,000 under In other words, we want to make sure aside $350 billion, and yet the Demo- the plan, we know they are going to that seniors have as many options as crats, the minority party, did not offer like it for one very important reason, possible, options in Medicare+Choice, any particular number for a budget. because it includes catastrophic cov- where it is available, and hopefully sta- They did not offer any kind of plan to erage. Because it says at some point, bilize it so it continues to be available; set aside any money at all for prescrip- whatever number we eventually agree secondly, options to continue to re- tion drugs for our seniors. Yet they are upon in our markup, at some point the ceive health care through Medicare at beginning to roll out a plan that will medical drug expenses will not bank- the hospitals and clinics, through the probably spend between $800 billion rupt a senior, that at some point the nurses and doctors and providers of our over 10 years to $1.2 trillion. costs get covered by this program and Medicare system; and, most impor- They offered no plan to pay for that. they will not have to suffer the loss of tantly, to add this important new drug They have not said whether they are their home or their pension or their benefit option to seniors. going to cut education, national secu- savings as a result. Now, can we get it done? You betcha. rity or homeland security. Are they When I talked to my mom about our Can we get it done this year, pass it going to cut health care benefits to plan and I explained to her that for $35 into law this year? Yes, we can. This is other individuals? Where are they a month, she would have a plan that doable. This is not a program that ends going to get the money? Or are they covers 80 percent less a deductible of in 5 years, as the other body would pro- going to offer an accompanying tax in- the first $1,000 of expenses, 50 percent vide. It is not a program that goes over crease bill, because that is what they of the second $1,000, but, more impor- our budget. It is within our budget, and are talking about. They constantly tant, I said, Mom, at some point once it is doable. talk about the fact of the tax relief you have reached the out-of-pocket We pass it on this floor next week, that we passed for the American peo- limit of the bill, whatever we decide it and the other body has all the time in ple. may be and we think it is going to be the world to get their act together and So it would only make sense if they under $4,000, at that point you have no meet us in a conference and make it are offering a bill that rings up deficits more drug expenses, that this plan will happen this year for the seniors of as far as the eye can see, they would cover you and you won’t lose the sav- America. have to offer either some offsets in ings account that Dad left for you and Listen, this is not a benefit that can education, health care, national de- you won’t lose the house that he built wait. Seniors are desperate for some fense, homeland security, something to for you and you won’t lose your secu- help in their drug coverage. Seniors are offset that, or offer a tax increase. I rity, you won’t have to spend yourself desperate for us to pass this into law, just do not see that happening. into poverty to get drug coverage. and we have got our chance next week. I am additionally glad to have the Mom said, Sign me up today. Sign me I want to thank the gentleman and gentlewoman from Pennsylvania, up now, son. Get me in this program. all the Members of the Committee on around the Pittsburgh area, with us The bottom line is we know that sen- Energy and Commerce who began the also. She was here the other evening iors are going to want to look for markup process today and are going to and shared some time. She has taken a something that is permanent, vol- work with me through the next 3 days leadership role on this. I know she has untary and gives them these kinds of to make sure we produce a product a lot of seniors in her district that she benefits. that this House can act on next week, is very close to and concerned about. The other thing I want to point out is one we can get done and finished so the The gentlewoman from Pennsylvania that in this bill we also repair a lot of Senate can move and we can eventu- (Ms. HART), we are glad to have you the reimbursements to Medicare, hos- ally sign this important new addition here this night. I yield to the gentle- pitals and doctors and nurses and to Medicare into law. woman.

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.101 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3655 Ms. HART. Mr. Speaker, I thank the reach retirement. It is something that tween sustenance, between food and gentleman from Kentucky (Mr. gives them peace of mind. They know their prescription drugs; between pay- FLETCHER) for spending time on this they will be taken care of if they go to ing the rent or paying that mortgage, issue. the hospital, if they see their doctor. if they still have one; or other expenses People around the country are learn- Those issues that take a little bit of and prescription drugs. They should ing what our plan is all about. They that concern away from them also, I not have to make that choice. These are beginning to understand that we think, help with their health. Unfortu- are a lot of the World War II genera- are responding to the concerns they nately, now the worry that many of tion, people who have served their com- have discussed with us, our principles: them have faced as a result of not munities all their lives. The least we that we lower the cost of prescription knowing how to pay for their prescrip- can do now is to provide them with drugs for every senior; that we guar- tion drugs has caused a lot more prob- really what is an updated Medicare antee that the prescription drug cov- lems for them. coverage. erage will be available to them under Our plan will make sure that that It is a good plan. It is voluntary. It the Medicare plan they are so used to worry goes away. It provides 100 per- reduces costs for every senior. Pre- receiving their health care through; cent coverage for low-income seniors scription drugs are what people need as that we improve Medicare, the whole and a small premium for coverage for they age and they face illnesses to keep plan, with more choices for them and higher-income seniors. The whole point them healthy and out of the hospital. more savings for them; and also that is to make sure that people know they Our goal is to try to keep people as down the road Medicare will still be will be taken care of. healthy as possible, so our Medicare there, that we make sure we strength- Our roundtable discussion gave me prescription drug coverage is certainly en it for the future. the opportunity to talk to the senior something that is going to help them, But the prescription drug issue is one citizens in my district about what they keep them healthy and active, as they that is new to Medicare, and it is one really want to see. They said they like are today, so many seniors. that as I know in the gentleman from the idea we will make the coverage If we can keep them healthy and ac- Kentucky (Mr. FLETCHER) traveling in available to everyone, but please do tive, in the long run Medicare is going his district and those of us who have not force them to avail themselves of to save money, because they will be had an opportunity to speak today that coverage, because if they have a out and working and being active and have all experienced the discussions good pension, and a lot of people in my out of the hospital, which is the key. I with our constituents about this issue. district are doing okay, have a decent think it will be better for them, their I am from Pennsylvania, where we pension from their retirement that families, and obviously for their peace actually currently have a State pre- gives them some drug coverage, and of mind. scription drug plan. It is a very good they like what they have, they want to I thank the gentleman for allowing plan, but it does not cover every sen- keep it. So it is a voluntary plan. That me to be part of tonight’s discussion. ior. The concerns that I heard while I is one of the other important things. Mr. FLETCHER. Mr. Speaker, we ap- served in the State senate before I We do not force anybody into a plan preciate the gentlewoman’s leadership came here to Washington included the role and her coming. concerns that said, ‘‘You know, I am a they are not interested in being part As the gentlewoman was talking senior citizen. I am not poor, but my of, but it is available to everyone. So about those low-income seniors, I was prescription drug costs are so high that that is the key. The group wanted to know if it would reminded of a senior that I talked to. It they are making us poor.’’ It is couples cover every senior, not just the low-in- was a group of seniors, but one of the that basically were very comfortable individuals from a senior citizens cen- until one of them was stricken with a come seniors that were covered under ter came up and talked to me who more serious illness and was hospital- Pennsylvania’s current plan. I said, of managed it. He said there was a gen- ized, and then went out of the hospital course. The plan was to look at what tleman in that center, and that the to maintain his or her health and found was working well in the States that that the cost of $1,000 a month or so have those kinds of plans, but beef first half of the month he was just a was going to break them. It is some- them up with other coverage for those perfect gentleman in every way. The thing that was not really helped by the who may not be covered by some of the last half of the month, however, his State of Pennsylvania’s PACE pro- States that have plans, like ours. It is countenance and behavior changed sub- gram, because it is strictly a benefit called the PACE program. Like I said stantially. When they really inves- available only to people who qualify by earlier, it is based on income only. tigated, it was because he was a low-in- income. As you see, if you have a certain low come senior, fixed income, and could I think it is important that we note level of income, under our Medicare only take his medicine for half a that. Although Pennsylvania’s plan has prescription drug coverage plan, you month. That is all he could afford. helped a lot of folks and continues to will be covered for free. It will be very So this plan is doable. It is not a pie- help a lot of folks, our plan is more similar to our program at home. But in-the-sky plan that we see the minor- comprehensive. what is better about the Medicare drug ity offering. That pie-in-the-sky plan I recently held a roundtable discus- coverage plan that we have, that the would actually keep us from passing sion at home, and a gentleman who was Republicans have proposed, is that it this bill as we pass it if the Senate does with us that day talked to us about the does not stop here. It would provide not take it up. Yet this would provide maintenance and the prescription prescription drug coverage for those for that gentleman I am talking about, drugs that his wife needed to take for who are higher income so that part of for the seniors the gentlewoman has al- an ailment that she had and how they their costs would be covered. luded to and talked about specifically. were making the choices that you do I think the average senior citizen, It would provide 100 percent coverage not want anyone to say they are mak- some statistics we found show that the for these low-income seniors. It would ing between some level of sustenance average senior who pays $2,100 in pre- prevent that gentleman I was talking and the prescription drugs they needed scription drugs would save over 50 per- about from having that terrible experi- to keep their health. It was clear to me cent under our plan. That is a lot of ence of having to just take half a that no matter whether a person in our money. All the seniors I met with month of his medications and then roundtable was someone with very low urged me to ensure that those cov- have the consequences of that. income or someone with more mod- erages would be available. They also So I thank the gentlewoman for join- erate or higher means, that they be- said they wanted to make sure that if ing me. lieved that the Medicare system should someone has extremely high costs, that Ms. HART. Mr. Speaker, if the gen- certainly address the issue of prescrip- they will be helped as well, even if they tleman will yield further, I was going tion drugs. That is why we have gone have a higher income. Like I said, it is to add to that that his physician would in that direction. It is important for us available to every senior. have sat him down and told him ex- to do that. Our plan addresses people who are in actly what he needed to do to maintain People have come to rely on Medi- a dire financial situation, and it does his health. He probably has every in- care as their health coverage once they not force them to make a choice be- tention of doing that. All we need to do

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.102 pfrm09 PsN: H18PT1 H3656 CONGRESSIONAL RECORD — HOUSE June 18, 2002 is help him do it, because he is per- upon a large population of the country, and reauthorizes rural flexibility fectly willing, I am sure, to take the it is a very small percentage. So there grants. medications that he needs to maintain are great challenges, and people who Home health. It benefits home health his health. We just need to give him want to try to invest to find a cure, care, which is a major provider of the wherewithal to get those medica- since the population is so small, we something we believe in and that has tions. have to really encourage people to do really taken a beating since 1997. Mr. FLETCHER. Absolutely. One of the research and the development, and It also increases hospice care. As an the things I find out with these seniors we have to encourage them to try to individual, and as many families have in my experience, in practicing medi- find the new medicines to help do that. concerns when someone is dying in the cine with some of these seniors, they Although each of these illnesses af- family and hospice comes. It is a great are very proud people. They are not fects less than 200,000 people, a total of service. We need to help that service. It used to having to come up and saying, 25 million Americans, one in nine, is a great way to ease someone into I cannot afford this for the rest of the today suffer from at least one of the that next transition from this life to month, because they worked very hard. 6,000 known rare diseases. A lot of the the next by having care and concern at We put them in a very awkward posi- familiar ones that we have heard home, and hospice gets reinforced fi- tion, and so it is very difficult for them about, Lou Gehrig’s disease is one of nancially. to come. these diseases, Tourette syndrome is It helps direct graduate medical edu- With this kind of plan, it would be another one, that if not included in cation. It helps teaching hospitals in within Medicare. Just like the plan this provision, would probably get left rural areas and in small cities to re- they receive now, it would be some- out, and then we would not have the in- ceive additional direct graduate med- thing that is an entitlement, they centive to help this segment of the pop- ical education assistance. earned this, and it would prevent that ulation that are afflicted by some of In studies of geographic adjustment from happening. these terrible diseases. for physicians, there is a differential in The gentlewoman is absolutely right. So that is why I am excited about the payments for physicians. This will help We appreciate her being here. I know markups that are occurring in actually to quantify and qualify for that. the people of Pennsylvania are very two committees, our committee and It addresses ambulance transpor- proud to have her represent them. the Committee on Ways and Means. tation. I have a great aunt on my Next as we continue this discussion, I They are very similar, I think there wife’s side who had to be moved. Some want to just say as we look at Medi- will be some differences, but we will of the movement was funded, some of it care, it was established in 1965. The work them out when we bring that bill had to be paid out-of-pocket, and the next gentleman has not been here that to the floor. out-of-pocket was not a very good way long, but he has been here longer than But I also appreciate the fact that to be transported 50 miles. I have, and he is a very distinguished our bill meets the budgetary guide- The last thing was indirect medical member of the Committee on Energy lines, and that is no small task. We education. There is an increase of 5.5 and Commerce. He represents southern pass a budget, we fight over the budget, percent in 2003 and 6 percent in 2004. Illinois, and in his new district actu- that fight is over. We pass it on the Mr. Speaker, a lot of my colleagues ally he will be bordering my home floor, and then we have that slice of have come to the floor and talked State of Kentucky. the financial pie to be able to address a about the benefits of people having ac- I yield to the gentleman from Illinois prescription drug issue and some re- cess to prescription drugs. Illinois has (Mr. SHIMKUS). We are glad to have him form provisions. It is no small task, a pretty good program too for the poor. here tonight. We appreciate his leader- and I applaud the leadership on both This will help build on that. But there ship on the Committee on Energy and sides, from the Committee on the are other provisions in this bill that as Commerce, as well as his leadership on Budget to the chairman, for making we get the bill through the committee the prescription drug effort and this that happen. and as we work with the Committee on bill and being with us here this Again, the other thing that I wanted Ways and Means and we get it on the evening. to highlight real quickly are some of floor, if we stay within the budget Mr. SHIMKUS. Mr. Speaker, I thank the other provisions in here that are guidelines, not only can we provide the gentleman. It an honor to have the very, very beneficial, especially to seniors with some hope for the future gentleman on the Committee on En- rural and small communities through- of some assistance with their prescrip- ergy and Commerce, and his expertise out southern Illinois. All people who tion drug costs, but we can really start helps us move important health care deliver those services, all hospitals will addressing some of the catastrophic legislation. see increasing payments in 2003 for hos- concerns that have evolved based upon Mr. Speaker, we do have the best pitals by reducing the market basket, the funding mechanisms for rural and health care in the world, but it has inflation adjustment rate. poor hospitals. problems, and it has challenges. Really Sole community hospitals will in- That is why I am pleased to come one of the most frustrating things for crease payments in 2003 for rural hos- down to the floor and speak in support me is to try to address how the Federal pitals by the full market basket result- of this bill. Government is a good or bad partner in ing in a 3.3 percent increase. Mr. FLETCHER. Mr. Speaker, I want all the different aspects of health care. There is a lot of terminology here. I to thank the gentleman for coming and A lot of my colleagues have spent a come from the military, from an Army sharing. He brought out a lot of the lot of time talking about the prescrip- background; and we had acronyms out other details of this bill which are tion drug benefits in this plan, but of the world. So one we see here is the very, very important. We can provide there are some other benefits in this DSH payments, which stands for dis- all of the health care out there, but if package that I also want to make sure proportionate share. This bill will in- there are no providers that are willing that we highlight and address. crease the DSH payments for rural and to participate in this program, the sen- One is, of course, a little self-serving, small hospitals in urban areas by in- iors would have no access to health is my own piece of legislation, H.R. creasing the cap from 5.7 to 10 percent care. This makes some very important 4013, which we are going to include, the over 5 years beginning next year. It ad- corrections, as the gentleman men- Rare Diseases Act. Being the sponsor of dresses an issue of critical access hos- tioned, for rural hospitals, physicians, the bill, it encourages better treat- pitals wherein it reinstates special hospice, home health, those things that ment, better diagnostic procedures and cash-flow provisions, fixes special phy- ensure that not only do we have this cures for large numbers of rare diseases sician payment adjustments; and we coverage for prescription drugs, but and disorders. can see the complexity of health care that we have providers that will par- in here when we have all of these spe- ticipate fully so that seniors will have b 1745 cific areas that we are trying to fix full access to the health care they These are diseases that are very cata- with this legislation. The legislation need. strophic to the individual; but in terms imposes flexibility in the size require- The gentleman mentioned the rare of the number of population, it is based ment as defined by the number of beds, diseases, and something I think is a

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.104 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3657 moral obligation, and I want to thank thank him for his leadership and the larly the part about an open-ended en- the gentleman for taking the leader- experience that he has brought, not titlement for wealthy seniors that ship. It is not a large number of people, only to this issue, but to Congress in would actually end up bankrupting but if you have ever known a family or general in his work in the past, rep- Medicare and threaten it in the future. been in a family or had a family mem- resenting the suburbs of Chicago. We One of the things that really con- ber that is afflicted with one of these thank the gentleman for coming and cerns me is that if we look at the diseases, it has a tremendous impact. I joining us this evening. Democrats’ plan, $800 billion to $1.2 want to thank the gentleman for all of Mr. KIRK. Mr. Speaker, I thank the trillion over 10 years, the estimated his work and leadership on that. We gentleman. I am absolutely in awe of cost of that. Now, where are they going are glad to see that. the gentleman’s work product and to get that? Are they going to get it I wanted to ask the gentleman a what the gentleman has done. I want to from education, national defense, question. We have the gentleman from help the gentleman in every way pos- homeland security? Are they going to Illinois (Mr. KIRK) here, and I know sible. have to raise taxes? What we have Kentucky has shortfalls in Medicaid. Mr. Speaker, when Medicare was es- under their plan is that they would We have $700 million shortfalls, and tablished in 1965, prescription drugs have to raise taxes on our hard-work- that is similar to a lot of the States given outside the hospital did very lit- ing people. These are our teachers, around. This provides, for those that tle. Republicans and Democrats both these are the folks that are working in are dual-eligible for Medicare and Med- left it out of a Medicare program. the kitchen. These are folks that are icaid, it helps buy out those transitions Today, prescription drugs given outside just barely making it by, new families for 10 years and saves the States $40 of the hospital carry much of the load that are trying to ensure that they can billion, which is tremendously needed in medical care. Republicans and buy their first home. We will be taking in Kentucky, and I know the gen- Democrats agree on a bipartisan basis from them, and we will be supporting tleman mentioned that, and I would that it is time to add prescription the prescription drugs totally for folks like to give the gentleman an oppor- drugs to Medicare for needy seniors. like Ross Perot. tunity if he would like to speak to that Many States, such as my own home I think the gentleman pointed out a point. State of Illinois, already have done so; real moral dilemma and a real moral Mr. SHIMKUS. Mr. Speaker, we have but it is time for the Federal Govern- shortfall in their plan, so I thank the been working with the State govern- ment to do its part. gentleman for coming tonight. ment in sharing what information we The real difference between the two Mr. KIRK. Mr. Speaker, if the gen- have about the bill being presented, parties, Mr. Speaker, is one of cost. tleman will yield, I would just say that and they are very excited about it, not The minority’s plan would create an it is important to note seniors will just because of that provision, but also open-ended, unlimited program to sub- count on the commitment that we are because of the assistance with the pre- sidize even very wealthy seniors who making. So it is important that the scription drugs. The States are in fi- are ready to take part and already commitment that we make is one that nancial crisis. Illinois, I think, had a have a prescription drug plan. Costs we can keep. By designing an afford- $1.2 billion shortfall which they have would skyrocket, dipping into Social able plan, we will be there for seniors been wrangling with now for months, Security and limiting funding to re- in the future. Many seniors remember when the and they have had to make some tough store our national security. The mi- Congress created a catastrophic health decisions. We, through this legislation, nority’s price tag for their plan could care plan and then revoked it just a will be able to help bring more flexi- exceed $800 billion. Do we sacrifice short time later, so that the promise bility and more support for rural homeland security or national defense made was not a promise kept. The gen- health care. or Social Security or education to pay tleman and I both want to care for sen- Health care in America again is a for their plan? iors, and we both want to make sure very frustrating thing, if one is really Last year, in a nonelection year, that their house cannot be taken away following the dollars and cents. I think most minority members voted for a because they have been bankrupted the only way we survive is through prescription drug plan that cost $325 through prescription drug costs. Our partnering, through working with local billion over 10 years. Now, in an elec- plan does that. But we do not want to community hospitals. There is a lot of tion year, the number has nearly tri- design a plan which some future Con- hospitals that are writing off millions pled. But if we are to adopt a plan gress cannot afford to pay for, with all of dollars of uncompensated care. And which costs so much, eventually, we of the other demands. they are providing a great public serv- will have to break a promise made to America’s seniors, more than any ice. Maybe not just a public service, seniors. other generation, knows that there is a maybe a lot of them are religious affili- The majority plan cares for needy war on, and that we have to make a re- ated hospitals and that is part of their seniors without putting financial pres- sponsible commitment that we can af- mission, but they are still writing it off sure on Social Security or denying the ford to keep. That is why I applaud the and they are real dollars. So by work- needs of our men and women in uni- direction that the gentleman is going ing with the State and the Federal form in Afghanistan’s front lines. Our in here with this plan; because under Government partnering, by working plan is balanced. It protects needy sen- this plan, we will make commitments with community hospitals, whether iors and does not break the bank. to seniors and we will be able to afford they are tax-supported or faith-based I just want to close by saying that by to keep them. organizations, we can continue to pro- not breaking the bank, our plan means Mr. FLETCHER. Mr. Speaker, again, vide the care that this country expects that a promise made to America’s sen- I thank the gentleman, and I thank us to provide, not just for those of us iors is a promise that will be kept, and him for the good representation for the who are employed and have good plans, we need to design a plan we can afford folks from Illinois there. but for those who are less fortunate or to keep so that seniors can count on I have here a list. The gentleman are retirees or are those who are in this. mentioned that previously the Demo- transition away from work at this I applaud the leadership of the gen- crats had supported this bill. time. tleman on this, and I thank him for all Again, I thank the gentleman for the he has done to bring this plan before b 1800 time, and I think the State will be very the House of Representatives. Let me read off just a few names of excited to get this bill out of com- Mr. FLETCHER. Mr. Speaker, I Democrats in a nonelection year who mittee and on to the floor. The gen- thank the gentleman. I think he has voted not for $350 billion, but had voted tleman from Illinois (Mr. KIRK) may made some very good points, points for less, $303 billion, and they thought make some comments about how the that are new and the first time they that was very adequate, very good for State of Illinois will also benefit. have been made here tonight, and that prescription drugs. Now these same Mr. FLETCHER. Mr. Speaker, I is, if the plan previously was enough, people say that $350 billion is not ade- thank the gentleman. I yield to the not only in an election year, how are quate. Maybe it has to do with the fact gentleman from Illinois (Mr. KIRK). We they going to pay for that? Particu- that this is an election year.

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.105 pfrm09 PsN: H18PT1 H3658 CONGRESSIONAL RECORD — HOUSE June 18, 2002 Let me read some of the names: the is responsible, and it is not something scription drug bill is not affordable be- gentleman from Missouri (Mr. GEP- we could even fathom doing to our sen- cause of the tax relief we gave to the HARDT), the gentleman from Michigan ior citizens. So this is a guaranteed en- American people. (Mr. DINGELL), the gentleman from titlement that will go on and extend. They are offering a bill that triples Michigan (Mr. BONIOR), the gentle- It also provides immediate savings. the expenditures of Medicare. They woman from California (Ms. PELOSI), The CBO has estimated in the past it talk about, with class warfare as part and the gentleman from California (Mr. will provide up to 30 percent. We do not of their discussion, that we are not STARK). These are Members that we know exactly what the number is, but able to afford that because we gave will hear talk about this $350 billion we do know it will provide immediate some tax relief to the hard-working not being enough. Why? I think clearly relief. That is now for seniors as they Americans. we see that they want to make a polit- walk in. Well, I would like for them to step up ical statement in an election year. If we have an employer-based insur- and say how are they going to pay for Our plan, again, is very doable, very ance plan, we walk in and get a reduc- this triple expenditure that they have, reasonable. The real dilemma here that tion on our pharmaceutical drugs, but and is it doable? There are some on the we have in America is that no senior seniors do not. They pay sometimes up Senate side who have offered a bill and should have to choose between food and to 25 percent more. That is not fair. By sunset it after a few years because they medicine. I think any of us who have the power of negotiating, we can re- know they cannot afford it, particu- been out to our senior citizen centers, duce that and give them savings imme- larly in the outlying years. Again, that those who have practiced medicine, diately. is not, I think, a morally reasonable have seen that dilemma. It also provides catastrophic cov- thing and a doable thing that we can Now, in practicing medicine, we try erage. Anybody who has out-of-pocket enact here. We need to enact a bill that to give samples, and pharmaceutical expenses of over $4,500 will get those is responsible and doable. companies have certainly given away expenses fully covered. What does this Next, let me point again to tell Mem- free medication. But we have a plan prevent? It prevents individuals from bers that the Senate Democrat plan ex- here that will make sure that this is having to bankrupt themselves and pires in 2010. We see an expiration. not the order of the day in America; spend a lifetime of savings due to run- Ours is a continuing entitlement that that we will eliminate this dilemma by away drug costs. This is a protection will be for seniors from now on. It is a providing coverage to those seniors we find when we talk to seniors that responsible way of doing a bill and will who are having to make that choice most of them, and overwhelmingly the continue to provide those benefits that now. majority of them, desire. we have talked about. Who supports this bill? We could go We have gone over some of the prin- So this lowers drug costs now, and through: the 60 Plus Association, the ciples: guarantees all seniors will have cov- One, it is a voluntary plan; very im- erage under Medicare. It is under Medi- Alliance to Improve Medicare, the ALS Association, the American Academy of portant. Members have heard that 93 to care. It will improve Medicare with Dermatology Association. We could go 97 percent of seniors will take advan- more choices and more savings. We right on down and look at number of tage of this because this plan is so at- talked about the provider changes, the associations. The Kidney Cancer Asso- tractive. hospital changes, and some of the other ciation, the Health Association of New It provides choice; it is a voluntary changes. York State. Florida AIDS Action spon- plan. This is unlike the Democrats’ We did not talk a lot about the sors this and supports this bill. There plan, the minority plan, which provides Medicare+Choice, which has about 5 is the Society for Thoracic Surgeons, one single formula. Now imagine that. million Americans participating in United Seniors Association, the Vis- That means a bureaucrat is going to be that plan. We want to make sure they iting Nurses Associates. We also have managing every single pharmaceutical continue to have the coverage they American Urological, American Asso- drug that one can have in their medi- have, and it will strengthen Medicare ciation of Cataract and Refractive Sur- cine cabinet. That means we politicize for the future. gery. every single new product that comes We talked about, for those low-in- What we have is an overwhelming out that is produced. come individuals, about those making number of the providers that are actu- Of all the wonderful medications that $17,910 for couples or $13,290 for singles, ally taking care of patients and sen- we have had, and that is the reason we this will fully cover their expenses, so iors, groups that actually are speaking have this problem with rising costs is we will have no low-income seniors or on behalf of seniors who support this because we have had tremendous tech- seniors on fixed incomes having to de- bill. nological advances in pharmaceutical cide between food and medicine. In conclusion, let me say that this agents, imagine every one of those There are a couple of other charts I bill is a very responsible bill. Again, I agents being politicized to the point of would like to get here. Let me say, who want to thank the gentleman from deciding are we going to add this to the thinks that $350 billion is enough for Louisiana (Mr. TAUZIN) and the gen- formulary or not. Medicare? One, the House Democrats tleman from Florida (Mr. BILIRAKIS) We would have the House of Rep- thought that. On the Spratt amend- for their work. The Committee on En- resentatives and the Senate and bu- ment, the gentleman from South Caro- ergy and Commerce will be beginning reaucrats micromanaging this sort of lina (Mr. SPRATT) offered House amend- to mark up a bill tomorrow to provide thing when it really needs to be out ment No. 21 to the fiscal year 2002 a Medicare prescription drug benefit there where patients and seniors have a budget resolution which said $350 bil- for every senior in America. choice between plans, and how they lion is enough. Now, again, they have I want to close out. I appreciate the choose the plans will drive what medi- changed their tune on that. The opportunity to speak this evening on cations are on those plans. That is why tripartisan Senate group June 7, 2002, this very important subject. I feel very choice is extremely important. said in Congress Daily $350 billion is hopeful that we can get this passed and This plan guarantees every senior adequate. pass it on to the next body to take it will have at least two choices; at least Next, I talked about the expendi- up, and pass this bill for the seniors two, minimum. We anticipate they will tures: What is reasonable, what is do- across America. have more than that. able. The House Democrats triple f It is a guaranteed plan. It is not Medicare spending in just 1 year. If we something we put up and say, we can look, it goes from 400- to over $1.2 tril- FY 2003 FUNDING TO PAKISTAN afford this very large plan for a few lion in 1 year. The SPEAKER pro tempore (Mr. years, and then we are going to have to Now, they talk about tax breaks, and ISSA). Under a previous order of the sunset it. That is like putting a chair they do a lot of talking about the tax House, the gentleman from New Jersey out and asking the senior to have a relief bill that we gave, yet when we (Mr. PALLONE) is recognized for 5 min- seat, and then right at the time they look at that, many of the Democrats utes. begin to sit down, we pull it right out voted for that tax relief bill. Now they Mr. PALLONE. Mr. Speaker, I would from under them. We do not think that are talking about the fact that our pre- like to take this opportunity to raise

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.108 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3659 my concerns regarding U.S. financial now claim ‘‘Kashmir Jihad’’ from en- First off, they said it has a fiscally assistance to Pakistan. tering Kashmir. I do not think it is ap- huge cost, the Democratic alternative. Mr. Speaker, I understand that after propriate for the U.S. to provide any It would cost $800 billion. Guess what: September 11, the U.S. needed to co- further aid to Pakistan if this promise That is the cost of the estate tax which ordinate with President Musharraf be- is not kept. they tried to permanently repeal last cause of Pakistan’s proximity to Af- In addition, Musharraf needs to go week over 10 years, $800 billion. So we ghanistan. Although the U.S. worked further than stopping infiltration. He could have a trade-off. We could have a with Musharraf in the war on ter- must eradicate the training camps and very meaningful, substantial prescrip- rorism, I was skeptical, and I still re- schools operating in Pakistan. These tion drug benefit for every American main skeptical, that Musharraf could schools breed terrorists, and in order to eligible for Medicare, or we could give fight both global terrorism and local permanently end terrorism in Kashmir, back $800 billion to the wealthiest of terrorism by Islamic fundamentalists Musharraf must go to the heart of the the wealthy in this country. that still takes place in Kashmir and problem and put an end to the breeding Even if we adopted the alternative, India. of terrorism at these training camps. which I supported, which would have It is now clear that Musharraf’s In addition, there must be some sys- given a $6 million exemption, I think $6 promises to crack down on terrorists at tem for ensuring that Pakistan is ac- million is quite enough tax free, we the line of control in Kashmir and to countable for the money that is allo- could have saved half that money, $400 crack down on terrorist camps and cated by the U.S. We should demand billion. So if we matched it to the $350 schools in Pakistan were just promises evidence that although economic aid billion, we could again have had a more that went unfulfilled. When a leader may be going to schools and other so- generous plan. says he will crack down on terrorism, cial projects, that the investment is Mr. Speaker, also, there is a glaring but in the same breath make state- not then freeing up money that is re- deficiency. In fact, I am a bit critical ments like, ‘‘Kashmir runs in our allocated towards weapons for Islamic of the Democrat proposal, also, because blood,’’ or will refer to terrorists as militants and resources at terrorist neither bill takes on the immensely freedom fighters, that should be evi- training camps. powerful and wealthy pharmaceutical dence enough that he is not truthful Mr. Speaker, I am so concerned about industry head on. Americans are pay- with regard to terrorism. the U.S. providing further funds to ing 40 to 80 percent more than citizens Regardless of his empty promises on Pakistan without Musharraf holding of other highly industrialized, devel- fighting terrorism in Kashmir, and de- his word that I am planning on sending oped nations. Our neighbors in Canada spite his lies about holding democratic a word to the foreign ops appropriators pay about half what we do for drugs elections, the U.S. in fiscal year 2002 to apprise them of the current situa- manufactured in the U.S. by U.S. allocated hundreds of millions of dol- tion and to encourage them to provide firms; Mexico even less. The European lars to Pakistan in both economic and economic aid to Pakistan only on the countries all pay less. military aid. The U.S. provided $600 condition that Musharraf does, in fact, b 1815 million in economic assistance in fiscal take concrete steps to alleviate ter- year 2002, $73 million for border secu- rorism in Kashmir and to eliminate The Republican bill would do nothing rity, $75 million in FMF in the supple- terrorist training camps. to control these outrageous costs, mental, and $50 million in military as- In addition, I would like to note that which means we are not going to get sistance. I plan to encourage the appropriators much of a benefit. If we do not crank In addition, the recently passed sup- to steer clear of providing any military down the obvious costs of pharma- plemental contained $40 million for aid to Pakistan, regardless of the ceuticals, we are not going to get much Pakistan, and an additional $250 mil- progress Musharraf makes on terrorism of a benefit. We could spend the entire lion is being sought by the administra- prevention. Federal budget within a few years, and we would not get much of a benefit. We tion for economic development and as- f sistance. have got to do something about the I agree that Pakistan is in dire need MESSAGE FROM THE SENATE runaway pharmaceutical costs, but I do of economic and humanitarian assist- A message from the Senate by Mr. not think there is a lot of will on that ance, but I strongly objected to the Lundregan, one of its clerks, an- side. Tomorrow night’s $25 million military assistance provided to Paki- nounced that the Senate has passed Washington, D.C. fundraiser for the Re- stan by the U.S., especially considering with an amendment in which the con- publicans in the House and the Senate, the fact that Pakistan was not and currence of the House is requested, a the lead fundraiser is the head of still is not a democracy. bill of the House of the following title: GlaxoSmithKline, a large pharma- Mr. Speaker, I think it is important H.R. 4560. An act to eliminate the deadline ceutical company, one of the largest in for us to evaluate the situation in for spectrum auctions of spectrum pre- the world, J.P. Garnier would not want Pakistan before setting aside further viously allocated to television broadcasting. to upset him too much when he is out money in fiscal year 2003 for economic f raising money. aid to Pakistan, and certainly for mili- Now they say, well, the rising costs TRADE, TRADE POLICY IN THE tary assistance to Pakistan. The at- are because of advances in new drugs. UNITED STATES, AND AMERICA’S mosphere post-September 11 was dif- Actually, if one lifts up the covers and RECORD TRADE DEFICITS ferent, and it was appropriate for the looks underneath where they are U.S. to provide aid to Pakistan since The SPEAKER pro tempore. Under spending their money, the pharma- Musharraf was helpful to the U.S. in the Speaker’s announced policy of Jan- ceutical companies are spending more fighting the Taliban. uary 3, 2001, the gentleman from Or- money on their CEO salaries, adminis- At this point in time, however, the egon (Mr. DEFAZIO) is recognized for 60 tration, and advertising than they are violence in Kashmir has escalated, and minutes. on research. In fact, all their block- the overall situation of terrorism in Mr. DEFAZIO. Mr. Speaker, I sched- buster drugs for profits are makeovers Kashmir and throughout India charges uled this time to come to the floor to- of drugs they invented 20 years ago. Musharraf with the responsibility once night and talk about the issue of trade, Clarinex, that is Claritin with a tiny and for all to stop infiltration at the trade policy in the United States, and molecular change so they can continue border in Kashmir and to eliminate our record trade deficits, the impact on it under patent, so they can continue terrorist training camps and schools. the economy, and in the future. to charge 10 times as much per dose as With violence against civilians in Before I engage in that, I could not the one that finally, after fighting in Kashmir taking place on a nearly daily resist. I had to sit through a good part court, after trying to buy up other basis, and with nearly 1 million troops of the previous hour, and I would like pharmaceutical companies that are lined up along the Pakistan and Indian to comment upon a number of the going to provide a generic, after trying border, Musharraf has no choice but to points made by the gentlemen before to get legislation through Congress, keep his promise of stopping infiltra- me on the issue of prescription drug knock through a number of bills to tion of Islamic fundamentalists who coverage. continue their monopoly on Claritin,

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.110 pfrm09 PsN: H18PT1 H3660 CONGRESSIONAL RECORD — HOUSE June 18, 2002 they finally developed another dodge Mexico now, Bolivia and Argentina. (6) The Commission’s rules governing vol- which is get the doctors to prescribe They might be more desperate. Maybe untary mechanisms for vacating the 700 mega- this new drug which is not any dif- they could take more American jobs at hertz band by broadcast stations— (A) produced no certainty that the band ferent but has a different name and a lower price than the Mexicans. would be available for advanced mobile commu- they can charge ten times as much for I am about to be interrupted again, nications services, public safety operations, or it. So if we do not deal with the costs, but I will certainly be happy to yield or other wireless services any earlier than the ex- we cannot have a meaningful prescrip- suspend for the purposes of a unani- isting statutory framework provides; and tion drug benefit. But I see no will on mous consent request on the part of (B) should advance the transition of digital that side of the aisle to deal with that the gentleman from Louisiana (Mr. television and must not result in the unjust en- richment of any incumbent licensee. issue. TAUZIN). SEC. 3. ELIMINATION OF STATUTORY DEADLINES Back to trade, let us talk a bit about AUCTION REFORM ACT OF 2002 trade. Later this week perhaps or next FOR SPECTRUM AUCTIONS. Mr. TAUZIN. Mr. Speaker, I ask (a) FCC TO DETERMINE TIMING OF AUC- week, the House will take up at least unanimous consent to take from the TIONS.—Section 309(j) of the Communications perhaps an extraordinary proposal by Speaker’s table the bill (H.R. 4560) to Act of 1934 (47 U.S.C. 309(j)) is amended by add- the gentleman from California (Mr. eliminate the deadlines for spectrum ing at the end the following new paragraph: THOMAS) of the Committee on Ways auctions of spectrum previously allo- ‘‘(15) COMMISSION TO DETERMINE TIMING OF AUCTIONS.— and Means to adopt an arcane proce- cated to television broadcasting, with a dure called a self-executing rule on a ‘‘(A) COMMISSION AUTHORITY.—Subject to the Senate amendment thereto, and concur provisions of this subsection (including para- motion to go to conference. Why is in the Senate amendment. graph (11)), but notwithstanding any other pro- that? Because they are trying to help The Clerk read the title of the bill. vision of law, the Commission shall determine push through this fast track bill for The Clerk read the Senate amend- the timing of and deadlines for the conduct of President Bush. I opposed fast track ment, as follows: competitive bidding under this subsection, in- authority for President Bush the First. Senate amendment: cluding the timing of and deadlines for quali- I opposed fast track authority for Strike out all after the enacting clause and fying for bidding; conducting auctions; col- President Clinton, and I oppose fast insert: lecting, depositing, and reporting revenues; and completing licensing processes and assigning li- track authority for President Bush SECTION 1. SHORT TITLE. censes. This Act may be cited as the ‘‘Auction Reform today. This is a bad idea. The United ‘‘(B) TERMINATION OF PORTIONS OF AUCTIONS Act of 2002’’. States Congress gives up all of its au- 31 AND 44.—Except as provided in subparagraph thority to amend, modify, or meaning- SEC. 2. FINDINGS. (C), the Commission shall not commence or con- fully review these trade agreements Congress finds the following: duct auctions 31 and 44 on June 19, 2002, as and instead says they will be adopted (1) Circumstances in the telecommunications specified in the public notices of March 19, 2002, with an up or down vote only, no market have changed dramatically since the and March 20, 2002 (DA 02–659 and DA 02–563). auctioning of spectrum in the 700 megahertz ‘‘(C) EXCEPTION.— amendments allowed. Why would we do band was originally mandated by Congress in ‘‘(i) BLOCKS EXCEPTED.—Subparagraph (B) that? We would do that because these 1997, raising serious questions as to whether the shall not apply to the auction of— are really bad deals for the American original deadlines, or the subsequent revision of ‘‘(I) the C-block of licenses on the bands of people. That is why we would do that. the deadlines, are consistent with sound tele- frequencies located at 710–716 megahertz, and The WTO, which I opposed, the communications policy and spectrum manage- 740–746 megahertz; or GATT, that was a really bad deal for ment principles. ‘‘(II) the D-block of licenses on the bands of the American people, done through a (2) No comprehensive plan yet exists for allo- frequencies located at 716–722 megahertz. cating additional spectrum for third-generation ‘‘(ii) ELIGIBLE BIDDERS.—The entities that fast track process. The NAFTA, total shall be eligible to bid in the auction of the C- disaster. We are running over a $40 bil- wireless and other advanced communications services. The Federal Communications Commis- block and D-block licenses described in clause (i) lion trade deficit with Mexico. That sion should have the flexibility to auction fre- shall be those entities that were qualified enti- was done on one of these fast track quencies in the 700 megahertz band for such ties, and that submitted applications to partici- deals. But what they said was, oh, Con- purposes. pate in auction 44, by May 8, 2002, as part of gressman, you cannot mean you want (3) The study being conducted by the National the original auction 44 short form filing dead- to vote to amend that. Well, in fact, Telecommunications and Information Adminis- line. tration in consultation with the Department of ‘‘(iii) AUCTION DEADLINES FOR EXCEPTED first of all, you cannot vote to amend BLOCKS.—Notwithstanding subparagraph (B), it, and, why, if you voted to amend it, Defense to determine whether the Department of Defense can share or relinquish additional spec- the auction of the C-block and D-block licenses the other countries who are agreeing to trum for third generation wireless and other ad- described in clause (i) shall be commenced no this might get upset. vanced communications services will not be com- earlier than August 19, 2002, and no later than Come on. They want access to our pleted until after the June 19th auction date for September 19, 2002, and the proceeds of such markets. Reasonable amendments to the upper 700 megahertz band, and long after auction shall be deposited in accordance with deal with labor and the environment, the applications must be filed to participate in paragraph (8) not later than December 31, 2002. consumers, those things would not be a the auction, thereby creating further uncer- ‘‘(iv) REPORT.—Within one year after the date of enactment of this paragraph, the Commission problem in these trade agreements, but tainty as to whether the frequencies in the 700 megahertz band will be put to their highest and shall submit a report to Congress— they want to keep those things out be- ‘‘(I) specifying when the Commission intends best use for the benefit of consumers. cause the real people who dictate the to reschedule auctions 31 and 44 (other than the (4) The Federal Communications Commission blocks excepted by clause (i)); and trade agreements are multinational is also in the process of determining how to re- corporations who have had a direct ‘‘(II) describing the progress made by the solve the interference problems that exist in the Commission in the digital television transition pipeline to the last four Presidents of 800 megahertz band, especially for public safety. the United States, Reagan, Bush I, and in the assignment and allocation of addi- One option being considered for the 800 mega- tional spectrum for advanced mobile commu- Clinton, and Bush II. They are vir- hertz band would involve the 700 megahertz nications services that warrants the scheduling tually identical in their position on band. The Commission should not hold the 700 of such auctions. trade. megahertz auction before the 800 megahertz in- ‘‘(D) RETURN OF PAYMENTS.—Within one Is our trade policy working so well terference issues are resolved or a tenable plan month after the date of enactment of this para- that we should rubber-stamp it yet one has been conceived. graph, the Commission shall return to the bid- (5) The 700 megahertz band is currently occu- more time? That is what this House of ders for licenses in the A-block, B-block, and E- pied by television broadcasters, and will be so block of auction 44 the full amount of all up- Representatives will be asked to do, until the transfer to digital television is com- rubber-stamp one more round of fast front payments made by such bidders for such pleted. This situation creates a tremendous licenses.’’. track for the free trade of the Amer- amount of uncertainty concerning when the (b) CONFORMING AMENDMENTS.— icas. Let us bring in all of the nations spectrum will be available and reduces the value (1) COMMUNICATIONS ACT OF 1934.—Section into the western hemisphere, into this placed on the spectrum by potential bidders. 309(j)(14)(C)(ii) of the Communications Act of wonderful construct that we have The encumbrance of the 700 megahertz band re- 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by under NAFTA. Would that not be duces both the amount of money that the auc- striking the second sentence. tion would be likely to produce and the prob- peachy? Maybe we can get cheaper (2) BALANCED BUDGET ACT OF 1997.—Section ability that the spectrum would be purchased by 3007 of the Balanced Budget Act of 1997 (111 labor in Bolivia than we can in Mexico the entities that valued the spectrum the most Stat. 269) is repealed. because some people are demanding as and would put the spectrum to its most produc- (3) CONSOLIDATED APPROPRIATIONS ACT.— much as a dollar an hour down there in tive use. Paragraphs (2) and (3) of section 213(a) of H.R.

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\K18JN7.112 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3661 3425 of the 106th Congress, as enacted into law able to continue viewing both traditional and meet our obligation of our $2 trillion by section 1000(a)(5) of an Act making consoli- digital broadcasts without risk of harmful inter- overseas debt. Yes, we will owe $2 tril- dated appropriations for the fiscal year ending ference to their television sets. lion overseas in the very near future September 30, 2000, and for other purposes (Pub- I congratulate Chairman TAUZIN and others because of these persistent trade defi- lic Law 106–113; 113 Stat. 1501A–295), are re- pealed. for their perseverance in getting this bill cits. It is not sustainable. In fact, when SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY. through both Houses, and look forward to the The Federal Communications Commission Federal Communications Commission estab- Indonesia imploded, their trade deficit shall conduct rescheduled auctions 31 and 44 lishing a sound spectrum management policy was only 4.5 percent of their gross do- prior to the expiration of the auction authority now that we have freed the agency to do so. mestic product. Similarly, in South under section 309(j)(11) of the Communications The SPEAKER pro tempore. Is there Korea, and economists everywhere Act of 1934 (47 U.S.C. 309(j)(11)). objection to the original request of the said, well, that is understandable. My SEC. 5. PRESERVATION OF BROADCASTER OBLI- gentleman from Louisiana? God, no one can have trade deficits GATIONS. There was no objection. that large a percentage. We are talking Nothing in this Act shall be construed to re- A motion to reconsider was laid on the United States of America may go lieve television broadcast station licensees of the the table. to 7 percent in the near future if we obligation to complete the digital television serv- ice conversion as required by section 309(j)(14) of GENERAL LEAVE maintain the current trade policies. the Communications Act of 1934 (47 U.S.C. Mr. TAUZIN. Mr. Speaker, I ask The question becomes, who would 309(j)(14)). unanimous consent that all Members want to maintain this failing trade pol- SEC. 6. INTERFERENCE PROTECTION. may have 5 legislative days within icy? Well, not too many of the Amer- (a) INTERFERENCE WAIVERS.—In granting a which to revise and extend their re- ican workers who have lost their jobs, request by a television broadcast station licensee marks on the bill just passed. seen their wages depress. They are assigned to any of channels 52–69 to utilize any The SPEAKER pro tempore. Is there probably not real enthusiastic about it. channel of channels 2–51 that is assigned for objection to the request of the gen- In fact, I come from a State where digital broadcasting in order to continue analog tleman from Louisiana? when I first raised questions about broadcasting during the transition to digital There was no objection. trade, they said, oh, no, you are from broadcasting, the Federal Communications Com- Mr. TAUZIN. Mr. Speaker, I want to mission may not, either at the time of the grant Oregon, you are going to be a free trad- or thereafter, waive or otherwise reduce— thank the gentleman from Oregon (Mr. er. You are right there on the Pacific (1) the spacing requirements provided for ana- DEFAZIO) for his courtesies this Rim; your people are going to benefit log broadcasting licensees within channels 2–51 evening and hope he will excuse my in- from this free trade policy of the as required by section 73.610 of the Commission’s terrupting him. United States, as I was told by Presi- rules (and the table contained therein) (47 CFR Mr. DEFAZIO. Mr. Speaker, whenever dent Bush first, President Clinton and 73.610), or I can help the powerful chairman of the others in opposing their successful at- (2) the interference standards provided for Committee on Energy and Commerce. I tempts, unfortunately, to jam through digital broadcasting licensees within channels may have something small to ask in re- 2–51 as required by sections 73.622 and 73.623 of NAFTA and GATT and the WTO. My such rules (47 CFR 73.622, 73.623), turn. State has lost 41,000 jobs; and other if such waiver or reduction will result in any If I could continue here, this is a very States have lost a lot more than that, degradation in or loss of service, or an increased serious subject. So the question before millions of jobs across the country. level of interference, to any television household the House soon will be will we rubber- Three million jobs in the United except as the Commission’s rules would other- stamp existing trade policy? Is it so States according to the Economic Pol- wise expressly permit, exclusive of any waivers good, is it working so well for the icy Institute were lost between 1994 previously granted. American people that we should say, and the year 2000 because of our trade (b) EXCEPTION FOR PUBLIC SAFETY CHANNEL hey, let us just keep doing more of the policies. CLEARING.—The restrictions in subsection (a) shall not apply to a station licensee that is seek- same, let us give President Bush total What else did trade deficits do? Well, ing authority (either by waiver or otherwise) to authority to negotiate these agree- they shift the composition of the work- vacate the frequencies that constitute television ments in secret, then bring it back force. They say, do not worry, every- channel 63, 64, 68, or 69 in order to make such here for an up or down vote, no amend- body is going to wash dishes; we are frequencies available for public safety purposes ments allowed? Let us look at the re- going to become a service economy. We pursuant to the provisions of section 337 of the sult of our existing trade policy. do not need to manufacture things. I do Communications Act of 1934 (47 U.S.C. 337). Our trade deficit is the largest in the not believe that. I do not believe we Mr. TAUZIN (during the reading). history of the world. It has gone from cannot manufacture things and con- Mr. Speaker, I ask unanimous consent $66 billion in 1991, 1.7 percent of our tinue to be a great Nation. In fact, dur- that the Senate amendment be consid- gross domestic product, to $417 billion ing the Gulf War, officials down at the ered as read and printed in the RECORD. last year, 4.1 percent of our gross do- Pentagon were in a panic because they The SPEAKER pro tempore (Mr. mestic product. That is pretty extraor- needed some high-tech stuff. They ISSA). Is there objection to the request dinary. People say, well, wait a could only get it from Japan, and of the gentleman from Louisiana? minute, our exports are expanding. Japan was not delivering on the sched- There was no objection. They are right. Our exports over the ule that our national security de- Mr. DINGELL. Mr. Speaker, back in 1997, last decade have gone up 17 percent; manded. Imagine that. Do my col- and again in 2000, over the Committee on En- but guess what, the imports went up 44 leagues think China, who is now pro- ergy and Commerce’s objections, the budget percent because of this misbegotten ducing some of those same critical committees of the Congress commandeered trade policy. components, is going to be real helpful the management of the Nation’s airwaves. Current estimates say that our trade in the future? They have been so They set auction deadlines that were asinine, deficit could reach $460 billion by the friendly and helpful so far. I do not constituting a gross mismanagement of spec- end of this year, $536 billion by 2003, think so, particularly if we are in a trum. Today we take back the reins and re- and their prediction, it could reach 7 conflict with them, which I think is store rationality to the process. percent of gross domestic product, $800 very possible within the next 25 years. Without question, moving forward with these billion by the year 2005. That means Manufacturing has lost 1.5 million auctions now would impose a heavy price on the loss of tens of thousands, hundreds jobs in the last 18 months. So we are the American public. The Nation’s airwaves of thousands more jobs in this country; having a huge change in the composi- are a scarce natural resource, and we are en- and in fact, it means a trade deficit tion of our workforce from high-wage, trusted to manage these assets on the public’s that is not sustainable. high-benefit manufacturing jobs, to behalf. The bill before us is the first step to re- Essentially, if we move toward those low-wage jobs or lower-wage jobs on claiming that duty. numbers, the United States of America much lower-benefit jobs in the service In addition, I would note that the anti-inter- becomes the next Argentina; and the sector or other components of manu- ference provision contained in this bill is of World Bank and the IMF will be in here facturing. particular importance to the American viewing dictating to us about our budget prior- What else is impacted? Stagnant public. It preserves the integrity of broadcast ities and how we are going to clean up wages. Average U.S. wages adjusted for channels, making sure that consumers will be our house and how we are going to inflation are about the same as they

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.032 pfrm09 PsN: H18PT1 H3662 CONGRESSIONAL RECORD — HOUSE June 18, 2002 were when Jimmy Carter was Presi- I was listening to the gentleman’s In addition to that, there were sev- dent of the United States, and one of comments on fast track, which I al- eral provisions embedded in this fast the biggest factors in dragging that ways call the wrong track, and felt track bill to try to protect the seats of down is U.S. workers are being asked compelled to come here to the floor to certain Members of this institution in to compete with people in Mexico who at least try to attempt to gain just a a very tough election year. are preferably willing to work for a few moments to discuss these issues In addition to that, there were provi- dollar a day; and if President Bush is with the gentleman. My colleague sions that had been put in by the other successful, they will be asked to com- mentioned how much America is in body that would have protected indus- pete with the people of Argentina who hock to other countries and foreign in- tries in this country from illegal dump- are totally desperate or the people of terests borrowing those dollars in order ing of foreign goods, such as steel, and Bolivia or other nations. to fuel this economy. The flip side of those were taken out. The idea is to search around the the fact is that 40 percent, over 40 per- In addition, worker health provi- world for the most exploitable, most cent now of our public debt is owned by sions, those people who lose their job desperate workforce. Sometimes skills foreign interests, is the interest that and then lose their health benefits, are required so they will have to go to we have to pay them, and this year there were provisions in the Senate bill countries like Argentina. Other times that number will total close to $400 bil- to protect the health benefits of our they can go overseas to Indonesia, lion. It is between $300 and $400 billion, workers at least for a period of time. Pakistan, countries like that when which is almost as much as we will Those were taken out. they are not real high skilled and get spend on the defense of the United And so those are just some of the few cheaper wages. States of America to pay on our bor- irresponsible ploys that were included So that is another result. I do have a rowings and the interest that is owed by my colleagues from the other side of few more points, and then I will yield on those. the aisle. And I would have to say to to the gentlewoman from Ohio (Ms. So I think that the underside of this the gentleman, and I appreciate his KAPTUR), who is a tremendous leader trade equation is the fact that piece by yielding to me, really one of the issues on these issues. piece we are selling ourselves off, the that we have to consider is how, when It is a drag on economic growth, this public interest and the private inter- we add up everything that has hap- $400 billion-a-year trade deficit. Our ex- est. pened at this time of Enduring Free- port output falls. Domestic demand dom, or any time when we should be 1830 that could be met by domestic output b considering the independence of this is instead satisfied by higher imports. I think the American people really country, are we either strengthening or As I said earlier, our exports are up by have a sense of this when they go to destroying our national defense? 17 percent, but our imports are up by 44 the store and they look on the bottom We can look at job security, border percent. We are losing the jobs that of a cup or they look on the label on a security, industrial security, economic could create that. piece of clothing and they sort of ask security, all of those together comprise We are increasingly reliant on for- themselves, well, is anything made in what we take an oath to defend: the eign investors. We have to import near- America anymore? Everything from Constitution of the United States ly $2 billion a day from foreign inves- hedge trimmers to automobiles to against all enemies, foreign and domes- tors, and perhaps later I will get into a clothing. We import over half of the tic, and to assure the defense of the list of who those foreign investors are. oil, which we should totally displace by United States of America. The end re- I think it will shock some of the Mem- domestically produced new fuels. We sult is we become less able to make the bers of this caucus in terms of national are not independent. This was a Nation bolts that go into the airplanes, we be- security and economic security, but 40 formed with the great ideal of inde- come less able to make the airframes. percent of our U.S. Treasury debt, 40 pendence and self-sufficiency, and piece The gentleman knows a whole lot percent of the debt of the United by piece, at the end of this past cen- about that in the Northwestern part of States of America, the collective debt tury and now into the new one, we are our country with what has happened to of all of us, is owned by foreigners. frittering away that national endow- some of the outsourced Boeing produc- That is an extraordinary number. It ment. tion. We become less able to make erodes our defense manufacturing base. Now, the bill that was supposed to steel. We become less able to make We are going to saddle our children have come before us today for the sec- electronics. with future debt and interest pay- ond time in 2 weeks has not made it to If we look at what is happening with ments, and it hurts our long-term the floor. And the reason the fast track the defense base of this country, in my spending on research and development. bill is not here today and was not here district we have just had a major nu- These are some of the grand suc- last week is because the motion lacks clear incident. Guess what? In order to cesses of the current trade policy that the votes necessary for passage. The try to repair the facilities that can be this Congress is going to be asked to problems with the fast track proposal repaired, if we need a new head on the rubber-stamp by once again giving up are so numerous that the rule that reactor, it has to be done by Japan and all its authority to shape trade and they have adopted is self-executing. In then sent to France for finishing, and trade policy and rubber-stamp a fast other words, we cannot really change then comes back to the United States, track bill to give the President the au- anything in the bill. and then the company is absolved of li- thority to secretly negotiate this And what are some of the things that ability under exemptions in the Price- agreement and bring it back here for a are bad about it, in addition to its fun- Anderson Act. What is going on? What hurried up or down vote. damental architecture, which is only is going on in this country? I yield to the gentlewoman from Ohio going to increase more imports into The last foundries have closed. I have (Ms. KAPTUR), who has been a tremen- this country? Well, first of all, the dis- machine tool companies in my district dous leader in the House in opposing placed workers that will occur in this going bankrupt one after the other. these failing trade policies. country. And we know it is going to That is happening all over this coun- Ms. KAPTUR. Mr. Speaker, I wanted happen. It happened with NAFTA, it try. We have lost almost 1.5 million to express deepest appreciation for the happened with PNTR with China. manufacturing jobs over the last 2 yielding of my esteemed colleague, the Every time we sign one of these agree- years. So I want to compliment the gentleman from Oregon (Mr. DEFAZIO); ments, more companies close in our gentleman and say that I would like to and though I am not for human country. It does not take a mental stay for a while longer, as I listen to cloning, I just wish that somehow we giant to figure out what is going on what he is saying to the people of our could clone more of him to serve in with displaced production. The money country and to the RECORD. this Chamber, and the people of Oregon that was supposed to be in the bill to This is an extraordinarily important are extraordinarily fortunate to have help the U.S. workers thrown out of issue. Fast track should not be brought an honest and very, very able Member their work was lowered, and there were up on this floor until its flaws are re- serving their interests and indeed lower levels of trade adjustment assist- paired. And why should we be allowing America’s interests. ance in this fast track measure. 31 more countries special access to our

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.115 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3663 market when we are hemorrhaging, We already have growing deficits replacing them are part-time jobs with when, in fact, we are hemorrhaging with Argentina and Brazil and Ven- no health and retirement benefits. jobs all over the world, and our trade ezuela. If this is passed, it will only If we look at, and I will just give one deficit will be over $360 billion more grow worse because that has been what example and then yield the gentleman this year? the pattern is. If we look at a country back his time, but one of the major So I want to thank the gentleman like Argentina, I found it very ironic corporations, and I hate to pick on a very much for the opportunity to join that our Governor went down to Argen- West European company, but Daimler- him this evening and again com- tina in order to try to move Ohio prod- Benz-Chrysler, for example, they are pliment the very wise voters of the uct down there. But if we look at what one of the many automotive manufac- State of Oregon for sending the gen- is happening, Ohio’s beef producers are turers that have moved production to tleman here. I have long admired his being wiped off the map. They cannot Mexico, and they manufacture the PT independence and his innovativeness as get access to market. We are importing Cruiser in Toluca, Mexico. Now, that is a Member of Congress. Argentinian beef into the United a very popular vehicle in our country. Mr. DEFAZIO. Mr. Speaker, I thank States. We have a deficit with Argen- All the PT Cruisers are sent back here. the gentlewoman, and, of course, the tina. They are sending us more than we There is not a single PT Cruiser manu- people of Ohio also have shown extraor- are sending them, and they were not factured in the United States of Amer- dinary wisdom in returning her, for about to buy any more of our beef. ica. more years than I have been here, to They want to sell us their beef. Now, in our district we make the the House of Representatives. The gen- And in terms of Brazil and Ven- Jeep Liberty. We are the home of the tlewoman has been tremendous on this ezuela, if we look at the steel industry, jeep in Toledo, Ohio, and there are so fight. Although we have been losing, if we look at agriculture in those coun- many orders backed up for the PT the margin is getting closer and closer. tries, the numbers are not moving in Cruiser, our workers contacted the The gentlewoman will certainly re- our direction already. And many of the company and said, look, why do you member that last fall, after an extraor- people in those countries do not earn not bring some of the excess produc- dinary effort by the Republican leader- enough to buy what we have to sell, so tion from Toluca up to Toledo? We will ship in this House, the President and we end up shooting ourselves in the put on an extra line, we will meet the all his Cabinet and others, they only foot. backlog, and we will be able to share in prevailed by a one-vote margin in get- I thank the gentleman. this rising market. No deal. No deal, ting through the fast track trade bill. Mr. DEFAZIO. Exactly on that point, because they can pay workers in Mex- A number of Members on that side had the passage of NAFTA was really the ico so little, they can literally make to change their vote, and voted reluc- big lie strategy. We were told it was to $10,000 more a car. They do not have to tantly against interests of their dis- produce hundreds of thousands of new pay environmental costs. They do you trict, particularly people from the jobs in the United States, and we were not have to pay decent wages. South and textile States, and they got going to ship all these goods to Mexico. The people that work in Toluca can- what are thus far some pretty hollow Of course, what they did not look at not afford to buy the cars they make. promises in return. Certainly the vot- was the total buying power. If every Go to the places where they live and ers in those States are going to have to peso earned by every person in Mexico ask yourself, is this what we want for look to see what it is that their elected was only spent on U.S.-produced goods, the world, people who have to use bat- Representatives have wrought by pro- not on bare necessities, not on rent, lo- teries to have any electricity in their posing to do more and more and more cally, or anything else, it would have home because they live at such a low of the same. almost equaled the buying power of the wage? Under this legislation, Free Trade of State of New Jersey. This was So if we peel the veneer off, and I the Americas Act would be one of the theoretic. And, of course, obviously, must say I am not just picking on things negotiated, and we would go to that cannot happen. And, in fact, what Daimler-Chrysler, because it is the a few of the very few countries in the has happened is our trade deficit with same with the Japanese auto manufac- Western Hemisphere, where the United Mexico is up 1,861 percent. We have lost turers, the Koreans, it really does not States is currently running a trade def- hundreds of thousands of jobs. We are matter with these multinational cor- icit, where we do not have this kind of running a $40-billion-a-year trade def- porations which country they are from, a perverted free trade agreement in icit to Mexico. U.S. corporations are but their behavior where they locate. place, and we would give them the op- moving their capital to Mexico. And, unfortunately, those jobs, if all portunity to join most other nations This was never intended to be an the PT Cruisers are sold in the United on Earth who are running huge trade agreement for U.S. firms to produce in States, why should they not be made surpluses with the United States, nota- the United States and ship to Mexico. here? There is a real disjuncture be- bly Uruguay, Argentina, and Brazil. A That was a joke. It was a lie, plain and tween production and consumption, very large economy in Brazil would fall simple. Unfortunately, a majority of and, therefore, our plant in Toledo has under this new free trade authority, our colleagues bought it. What it was not increased in employment. and Brazil is a major manufacturer of always about was a cheap export plat- Years ago we had 10,000 workers. We automobiles, certainly something close form in Mexico for U.S. manufacturers are down to 4,000. There are several to the gentlewoman’s heart, and other to move their capital and foreign man- hundred workers, several thousand very sophisticated goods. ufacturers to move closer to the U.S. workers actually, down in Mexico So we can fully expect that under market so they would not have to ship around that Toluca plant, but they are this sort of an agreement that we things so far; big, heavy things. working at, I cannot say starvation would find those products coming from Ms. KAPTUR. Again, if the gen- wages, but close to it. They really do Brazil where labor is indeed much, tleman would be kind enough to yield, not have a living wage. That is what is much cheaper than it is in the United I would just place on the record that going on with production. We are real- States. the State of Ohio is one of the top five ly hurting those people. We can say we Ms. KAPTUR. Mr. Speaker, if the losers under NAFTA. We have already are keeping them busy, but they are gentleman will continue to yield, I lost over 100,000 jobs to Mexico di- not really able to improve their lives. would just want to point out that Ar- rectly. That does not even count the And our people, with the loss of over gentina and Brazil, we are already in supplier jobs and the service jobs that 1.2 million manufacturing jobs in just deficit with them. And if we look at are associated with those corporate re- the last 2 years, they are being cashed what has happened with Canada and locations. out. Mexico post-NAFTA, we used to have The impact is staggering. Income Mr. DEFAZIO. If the gentlewoman surpluses with those countries. Then, growth in our region and our State has would yield back, in fact, she is mak- when NAFTA kicked in, we have not gone up. In fact, it has been stag- ing an excellent point. Henry Ford sort moved into gigantic deficits with both nant, and in many cases has been going of figured out the formula for success countries, where they are sending us down. People do not have the pur- in this country back early in the last more goods than we are sending them. chasing power. And the jobs that are century. He said, I want to produce a

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.116 pfrm09 PsN: H18PT1 H3664 CONGRESSIONAL RECORD — HOUSE June 18, 2002 product on an assembly line with a Ms. KAPTUR. Mr. Speaker, Alan number three. So behind the scenes, large number of workers, and I want Greenspan has said fundamentally to they have enormous leverage when the my workers to be able to buy it. the Congress, this is unsustainable. We United States is frittering away its And we did phenomenally well as a cannot keep displacing production and economic independence. country. The managers, the owners of bringing it in from elsewhere without Mr. DEFAZIO. Mr. Speaker, we ran a capital, and the workers all kind of ultimately having an impact on your trade deficit last year of $40 billion came up together. Sure, the managers ability to produce and create not just with the OPEC countries, the same always did better, and the owners even money for a country, but wealth. We countries that are fixing oil prices to did better yet, but there was some pro- can print a lot of money, but what is stick it to American consumers and portionality. The workers could afford standing behind it is the productive the remaining industry that we have in to buy the products, and it created tre- wealth of a society. That is what we this country with extortionately high mendous wealth for our Nation. It cre- are displacing. prices for fuel; and the Bush adminis- ated an industrial base that won World Mr. DEFAZIO. Mr. Speaker, Alan tration, they are all for free trade. War II and was the envy of the world. Greenspan said in an article in Busi- They love the WTO, the secret tribu- We rebuilt the world after World War ness Week that over the past 6 years, 40 nals. They want to get hormone-laced II, led the race to space, and every- percent of the increase in the U.S. cap- beef in from Europe, and other things thing else, all those things. That was ital stock was financed by foreign in- that are in favor of corporate America; American technology based on sort of vestment, a pattern that will require but guess what, they will not file a this formula of equality. an ever-larger flow of interest pay- complaint with the WTO against OPEC b 1845 ments going out to foreigners. He said, for price fixing which is prohibited by But now greed has taken over as we ‘‘Countries that have gone down this the World Trade Organization and by have seen in so many ways in corporate path invariably have run into trouble.’’ GATT. Why not? Ms. KAPTUR. Mr. Speaker, I was Well, maybe there is something to do America, and if they can get the labor, thinking about this today and reading with the oil industry that I am not desperate labor somewhere else a little the headlines about Afghanistan, and quite aware of, but we are running a $40 cheaper, and avoid environmental re- that country now trying to pull to- strictions, that is where they want to billion trade deficit. These people are gether a government and it is not very manufacture. And their vehicle is these making no secret of the fact that they free trade agreements. They cannot do easy to do. But assuming they could are restraining production to drive up it without the imprint and the ap- pull the government together, through the price, and that violates the WTO. It proval of the President of the United Afghanistan will come an oil pipeline is an open and shut case. All the U.S. States secretly negotiating deals that from the Caspian Sea. Then we see the has to do is file it on behalf of its con- favor the export of their capital and President’s comments about Iraq and sumers. Consumers of the United their manufacturing jobs to these whether or not certain forces will be States cannot file a case. Even those other countries. used to destabilize the government of industries that are still left in this The problem is ultimately it is going Iraq, and we recall the Persian Gulf country cannot file a case. Only the to collapse; but they will not care, like War and that oil field that lies between Bush administration can file the case, the managers of Enron who had al- Iraq and Kuwait. and they are refusing to take on the ready looted the company and are liv- Then we saw the Bush administra- OPEC countries and to file against ing in their six, seven or eight man- tion a few weeks ago give mixed mes- them for price gouging of the American sions, and they may have to sell one of sages to this Congress and the world people. their mansions. about Venezuela and which govern- Also on that list, kind of interest- Ms. KAPTUR. If the gentleman ment the administration was sup- ingly enough, we ran a $5.754 billion would yield, many of those mansions porting or not supporting in Venezuela. trade deficit with Iraq. The President are not in the United States of Amer- What do Iraq, Venezuela and Afghani- is talking about invading Iraq, and we ica, nor are their major funds. They are stan all have in common? They have in are running a $5.750 billion trade deficit offshore. common the oil imperative. So many with them. There is something weird Mr. DEFAZIO. Mr. Speaker, this times when you see the United States about that. long-term trade deficit is not sustain- become dependent, as we are in this oil Ms. KAPTUR. If the gentleman able. With depressed wages in this arena, very bad things can happen. In- would yield, I was speaking to my local country, ultimately we are buying all deed, wars can happen when our coun- press in my district, and they asked of this on credit, and the credit is over- try is not independent. I think it is im- what did the President mean about seas. We are getting close to $2 trillion portant what the gentleman is pre- Iraq. I said would it surprise you, in of debt. Forty percent of the Treasury senting in terms of the financial condi- spite of what the headlines are saying debt of the United States is owned by tion of our country and who we owe. in Washington, today we are importing foreigners. Our number one trade def- The first phone call I made after 9–11 8 percent of our petroleum from Iraq. icit is with China, not the country with was to Alan Greenspan, and I wanted to They were stunned. How could this be the best interests of the United States know from an economical standpoint happening at the same time the no-fly in mind, in my opinion, anyway. I do who can pull our bonds internationally. zone is maintained over Iraq? not consider China to be a great ally or I said, I want you to assure me that we The relationships that have made us friend of the United States. Number can hold it together because 40 percent more and more dependent on petroleum two is Japan. Number three is Canada, of the debt of this country is now imports than we were 25 years ago is obviously a close relationship with the owned by foreign interests. He said, We really a sad tale for our country, and I United States. Then Mexico, Germany, can track that back to the London thank the gentleman for helping us Taiwan, Italy, South Korea, Malaysia, markets. And I said, What does that bring this out into the light so those and Ireland. Those are the countries tell me? He said, I do not think you who are recording remarks and those with whom we are accumulating this need to worry, but he could not actu- who are listening, particularly the huge and growing debt. This is of tre- ally tell me who holds our debt. younger generation will understand, we mendous concern. I think he might know, I am not have to unwind, we have to get our- As we undermine the buying capacity sure, but he was not able to tell me. selves out of these relationships be- of the American people and the indus- But when we owe $400 billion a year to cause too often oil has been serving as trial might of the United States, and interests that we do not even have a a proxy for our foreign policy, and our ultimately when they one day ask for list of, we know that it is traded in the trade deficit is a sign of our growing their money, their $2 trillion that they London markets, if we could theorize, lack of independence. are owed, we are going to have the IMF China is now the largest holder of our Mr. DEFAZIO. Again, returning to and the World Bank dictating terms dollar reserves. The trade deficit is a that, we ran also a $7.4 billion trade because this is not a sustainable sys- reciprocal for that. Japan is number deficit with Saudi Arabia, and now we tem. We cannot borrow money year two. So our fate lies in their hands. find out that some of the most wealthy after year after year. Saudi Arabia and the OPEC countries, Saudis are the biggest backers of al

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.118 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3665 Qaeda and other terrorist groups and buy slab specialty steel made by do- and the movement of tankers out of have been funding this network of mestic manufacturers in the heartland that region of the world? I think it had schools training Islamic fundamen- of America that I represent because the a whole lot to do with that and I think talist radicals around the world, and last one just closed. If you are an inde- it is important for us to think about we are helping to finance that. It is pendent machine toolmaker, you can- who we are supporting when we spend U.S. consumers who are being extorted not find that product. It is a very, very our dollars. at the gas pump by price fixing and serious situation. It is very hard for the American peo- production fixing by OPEC, who are I just want to put two words on the ple to do anything on the petroleum sending almost $13 billion a year to record to add to this discussion: one is issue because when they go to the gas Saudi Arabia and Iraq. ‘‘recession’’ and another is ‘‘repres- pump, they do not know that Citgo This is extraordinary to me; and sion.’’ gets its gasoline from Venezuela, they what is the Bush administration re- In terms of recession, if we think do not know that Occidental has fields sponse to this: we should do more of about the recession that we are crawl- in Colombia, they do not really think the same. These trade policies are ing our way out of, and some parts of about Exxon in Saudi Arabia, they do working so well, price gouging the America are still in, what triggered it? not associate a company name with a American consumers, undermining our Rising oil prices for imported fuel. Peo- country. Yet that is exactly what is industrial base, lower wages and pro- ple have forgotten that. going on. And so if you buy that prod- ductivity in the United States, we Before September 11, we were already uct, you support through the trans- should do more of exactly the same, de- struggling with a hammerlock on this action the regimes of those countries spite the fact that we are headed to- economy; and then after September 11 and there is not a single democracy ward a $2 trillion debt overseas within when the OPEC countries and some of among them. And in the end the people the next 2 years. the other oil exporting countries got living in those countries translate our Mr. Speaker, $2 trillion of U.S. dol- worried, they lowered prices. Then behavior as a society into what they lars are outstanding around the world, they are coming back up again. This is experience in their own homelands and and the gentlewoman is right. What if a very manipulated price scheme, and they want a better way of life, but the the Chinese decide they are in a dis- that was proven by the Federal Trade regimes there do not permit it. And so pute over Taiwan or something else Commission in some of the initial in- some of the anger directed against the with the U.S. and they want to slow us vestigations done as we entered this re- United States is a direct result of the down or hurt us, and they demand pay- cession. economic relationships that keep them ment for, say, their $700 billion worth. The American people should remem- down. Suddenly the U.S. is in a big credit ber that rising petroleum costs and im- I would just maybe brag a little bit crunch. We cannot afford to make ports, the rising costs of imports, can here about an organization in north- those sorts of payments. really kick this economy in the shins. west Ohio called Northwest Ohio Eth- Of course, there is one other point If we think back to the 1970s and what anol, because at the same time as our that is interesting. I befuddled an econ- happened in those decades with the Marines and Special Forces are defend- omist the other evening. It was Paul Arab oil embargoes and the severe de- ing the edge of freedom globally, there Krugman from the New York Times. pression that this country was thrown are things people can do here at home. He is an interesting man, but blind on into because of the costs of rising im- And in terms of our energy trade def- trade issues. He is a big believer in free ports, we are now importing more than icit, one of the most important actions trade. We asked him if a $400 billion-a- we did back then. Yes, we are con- we can take is to become fuel self-suffi- year trade deficit is sustainable. serving more at the same time, but we cient. We have a new private company, He said, oh, no, that is close to what have not created the new fuels here at Northwest Ohio Ethanol, that has been Indonesia had before they collapsed. It home. What we need to do on the pub- incorporated, that is selling shares on is not sustainable. lic and private sides, we have been bun- the private market so that Ohio’s We asked, How is that going to rec- ting rather than hitting three-base farmers can come together and provide tify itself? hits. a new fuel for the future. He said the dollar will collapse. 1900 And so I said the idea is that the dol- b We only have two biofuel pumps in lar collapses, we pay more for goods, It has made a huge difference in our the entire State of Ohio, a State of 11 U.S. goods are cheaper. Right? ability to handle our economy in a way million people. I want to buy an E–85 Yes. that preserves our independence and car. I want to buy a biodiesel vehicle. I But I said, guess what, if we do not does not do as much harm here at would be a fool to do it in Ohio because manufacture anything anymore, it just home. I cannot get the fuel to put in it. And means everything you are importing to The other word I wanted to just say so this deficit is really a very wicked run your economy has become a lot a word about, if I could, and that is re- thing, because the average American more expensive, like oil, critical high- pression, because some of the very cannot alone dig out of it. The actions tech components, everything that we countries that receive the dollars when that one could take as a consumer are are buying, all of the shoes and clothes, our people go to the gas pump, for ex- precluded because of the very large in- all becomes more expensive here in the ample, and they buy petroleum that is terests that control the refining and United States; and our trade deficit refined into gasoline from other coun- the supply of fuel to the marketplace. might even go up. tries, those dollars go to them. What It is important to think about the With that he turned away from me do they use them for? The gentleman words recession at home and repression and did not want to continue the con- from Oregon mentioned Saudi Arabia. abroad and what kind of a political en- versation. We are defying conventional Most of the terrorists were born or dowment we are bequeathing to the fu- wisdom here. The conventional wisdom spent time in Saudi Arabia. That is a ture. is if our dollar tanks, yes, it hurts a very repressive regime. And our dollars Mr. DEFAZIO. I thank the gentle- little bit; but we will turn our sights support it. What did Osama bin Laden woman from Ohio for assisting in this inward and buy from our own manufac- say? He said that he wanted U.S. troops special order this evening. We will have turers. But guess what, our own manu- out of Saudi Arabia. What are U.S. opportunities to discuss this again. facturers have been sold out by these troops doing in Saudi Arabia? Thou- You have certainly opened up the door trade agreements. sands and thousands and thousands of to discuss energy self-sufficiency and Try and buy some running shoes troops, what are they doing there? And energy policy which I think is one of made in America. There is apparently what happened to the USS Cole about a the strongest steps we could take to one company that makes men’s shoes year and a half ago in Yemen harbor make this country secure for the next in the United States. Try to buy a suit when a suicide bomber hit our de- century, both militarily and economi- made in the United States of America. stroyer, what was that ship doing there cally. I would love to engage in a spe- Ms. KAPTUR. Mr. Speaker, if the in the Middle East? Could it be any- cial order on that subject some gentleman would yield, do not try to thing to do with watching the oil lanes evening.

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.120 pfrm09 PsN: H18PT1 H3666 CONGRESSIONAL RECORD — HOUSE June 18, 2002 Ms. KAPTUR. I would enjoy that op- Because Americans are not working b 2102 hard? No. Because we are a resource portunity as you are such a leader in AFTER RECESS all those areas. poor country? No. Because we have a Mr. DEFAZIO. I thank the gentle- totally failed trade policy and the cur- The recess having expired, the House woman. I realize she has to leave and I rent President and the majority in the was called to order by the Speaker pro am almost done myself. House of Representatives, the Repub- tempore (Mr. SESSIONS) at 9 o’clock I want to go back and reiterate a licans, want more of the same as medi- and 2 minutes p.m. couple of points. In my own State, cine to cure that ill. We are talking f 41,000 jobs lost to trade in the last dec- about the potential to bankrupt the REPORT ON RESOLUTION PRO- ade, a number in wood products, some United States of America, to turn us VIDING FOR THE ESTABLISH- in textiles, others in other industries. into a yet larger Argentina. They were MENT OF A SELECT COMMITTEE This is a loss that did not need to hap- the miracle of South America, the ON HOMELAND SECURITY pen. We did not need to lose these in- highest standard of living, a European dustrial wage jobs with good benefits country in South America is what they Mr. DIAZ-BALART, from the Com- to unfair trade. But unfortunately it were called for many years and now mittee on Rules, submitted a privi- was done under auspices of United they are a basket case, because of the leged report (Rept. No. 107–517) on the States law. That is, agreements that dictates of the IMF, because of policies resolution (H. Res. 449) to establish the were pushed through, started in the that are similar to the ones we are en- Select Committee on Homeland Secu- Reagan administration, continued in gaging in here in the United States rity, which was referred to the House the first Bush administration, brought with trade. Calendar and ordered to be printed. This is not sustainable. These poli- to fruition by the Clinton administra- f tion and now the next Bush adminis- cies must be changed. It will be uncon- LEAVE OF ABSENCE tration, the current Bush administra- scionable. And the fact that we are not tion wants to expand on those failing working here tonight, we are just chat- By unanimous consent, leave of ab- policies. tering and in fact the House got out of sence was granted to: Think of that. How much bigger do here at 3 o’clock today and are ru- Ms. MILLENDER-MCDONALD (at the re- they want the trade deficit to be? How mored to be out at 2 o’clock tomorrow quest of Mr. GEPHARDT) for today on many more millions of U.S. manufac- and maybe 1 o’clock on Thursday and account of important personal reasons. turing jobs do they want to export? noon on Friday, because the Repub- Mrs. ROUKEMA (at the request of Mr. There are not many left. We already licans cannot quite get together the ARMEY) for today on account of illness. votes to jam through one more time a know that the deficit is not sustain- f able. The growth of our merchandise bill to rubber stamp this totally dis- trade deficits over the last 10 years, credited and failed trade policy. The SPECIAL ORDERS GRANTED 1990 to 2001, with our free trade part- President is probably on the horn right By unanimous consent, permission to ners, Mexico, 1,861 percent growth; now to some reluctant Members say- address the House, following the legis- China 713 percent growth; the WTO ing, ‘‘Oh, I know it’s going to hurt you lative program and any special orders membership generally that is from the at home. I know it’s going to put peo- heretofore entered, was granted to: Uruguay Round, 300 percent; the Carib- ple in your district out of work. I know (The following Members (at the re- this is a real problem for you, but I’ll bean Basin Parity Act, 131 percent; and quest of Mr. FILNER) to revise and ex- do something to make it up.’’ Those sub-Saharan Africa, 64 percent. Those tend their remarks and include extra- are the kind of phone calls that are are numbers from our own inter- neous material:) going on on that side of the aisle. They national trade commission. That is an Mr. FILNER, for 5 minutes, today. want their Members to vote against outline of the success of these trade Mr. GEORGE MILLER of California, for the interests of the people living and policies. They are a success for multi- 5 minutes, today. working in their districts and in the national corporations or corporations Mr. BLUMENAUER, for 5 minutes, United States of America in the inter- that were formerly U.S. corporations today. est of a few very powerful multi- but now do not want to think of them- Mr. PALLONE, for 5 minutes, today. national corporations, the oil industry selves or act in that manner anymore, Ms. NORTON, for 5 minutes, today. and others who are essentially dic- Mr. PAYNE, for 5 minutes, today. who are exporting our wealth and our tating trade policies through this ad- Ms. MCKINNEY, for 5 minutes, today. jobs. ministration, and, sadly, as they did I have a couple of more quotes. This Ms. WATSON of California, for 5 min- through the Clinton administration one is from one of my favorite groups, utes, today. and the predecessor Presidents for the the International Monetary Fund, and (The following Members (at the re- last 25 years, ever since we started run- that was said sarcastically. I think quest of Mr. SOUDER) to revise and ex- ning huge and growing trade deficits, they have done more damage to the tend their remarks and include extra- our trade policy has been run by cor- neous material:) world economy than virtually any porate America and intellectual elite other organization, but they are now that do not see reality and do not want Mr. WELDON of Florida, for 5 minutes, saying: to regard reality and do not want to today. ‘‘The sustainability of the large U.S. look at sustainability. Mr. GUTKNECHT, for 5 minutes, today. current account deficit hinges on the I am hoping that a majority of my Mr. KINGSTON, for 5 minutes, today. ability of the United States to con- colleagues here in the House of Rep- f tinue to attract sizable capital inflows. resentatives will see that issue for ENROLLED BILLS SIGNED Up to now these inflows in large part what it is, the lies for what they are, have reflected the perceived and vote to adopt a new trade policy Mr. Trandahl, Clerk of the House, re- attractiveness of the U.S. investment for this country, one that will serve us ported and found truly enrolled bills of environment but such perceptions are better and turn our deficits and our the House of the following titles, which subject to continuous reappraisal.’’ hemorrhaging of industrial jobs were thereupon signed by the Speaker: And with the questions about the around. H.R. 3275. An act to implement the Inter- bookkeeping and the real profitability national Convention for the Suppression of f of many firms on Wall Street, with the Terrorist Bombings to strengthen criminal rapid decline of the U.S. dollar, those RECESS laws relating to attacks on places of public use, to implement the International Conven- perceptions are changing very quickly. The SPEAKER pro tempore (Mr. SIM- tion of the Suppression of the Financing of In fact, the United States of America, MONS). Pursuant to clause 12 of rule I, not one of these corrupt companies like Terrorism, to combat terrorism and defend the Chair declares the House in recess the Nation against terrorist acts, and for Enron, the United States of America subject to the call of the Chair. other purposes. has been put on the Standard & Poor’s Accordingly (at 7 o’clock and 11 min- H.R. 4560. An act to eliminate the dead- watch list for 20 countries that are vul- utes p.m.), the House stood in recess lines for spectrum auctions of spectrum pre- nerable to a credit bust. Why is that? subject to the call of the Chair. viously allocated to television broadcasting.

VerDate 11-MAY-2000 02:14 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.122 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3667 ADJOURNMENT 7447. A letter from the Assistant Director mitting the Department’s final rule—Air- for Executive and Political Personnel, De- worthiness Directives; Hartzell Propeller, Mr. DIAZ-BALART. Mr. Speaker, I partment of Defense, transmitting a report Inc. Compact Series Propellers [Docket No. move that the House do now adjourn. pursuant to the Federal Vacancies Reform 2000–NE–08–AD; Amendment 39–12741; AD The motion was agreed to; accord- Act of 1998; to the Committee on Govern- 2002–09–08] (RIN: 2120–AA64) received May 17, ingly (at 9 o’clock and 3 minutes p.m.), ment Reform. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the the House adjourned until tomorrow, 7448. A letter from the Inspector General, Committee on Transportation and Infra- Wednesday, June 19, 2002, at 10 a.m. Farm Credit Administration, transmitting structure. the semiannual report prepared by the Office f 7458. A letter from the Program Analyst, of Inspector General for the period of Octo- FAA, Department of Transportation, trans- EXECUTIVE COMMUNICATIONS, ber 1, 2001, through March 31, 2002, pursuant mitting the Department’s final rule—Air- ETC. to 5 U.S.C. app. (Insp. Gen. Act) section worthiness Directives; CFE Company Model 8G(h)(2); to the Committee on Government Under clause 8 of rule XII, executive CFE738–1–1B Turbofan Engines [Docket No. Reform. 2001–NE–04–AD; Amendment 39–12743; AD communications were taken from the 7449. A letter from the Director, Office of 2002–09–10] (RIN: 2120–AA64) received May 17, Speaker’s table and referred as follows: Personnel Management, transmitting the 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 7437. A letter from the Deputy Secretary, semiannual report on activities of the In- Committee on Transportation and Infra- Department of Defense, transmitting a letter spector General for the period of October 1, structure. on the approved retirement of Vice Admiral 2001 through March 31, 2002 and the Manage- 7459. A letter from the Program Analyst, John R. Ryan, United States Navy, and his ment Response for the same period, pursuant FAA, Department of Transportation, trans- advancement to the grade of vice admiral on to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); mitting the Department’s final rule—Air- to the Committee on Government Reform. the retired list; to the Committee on Armed worthiness Directives; Pratt & Whitney 4000 7450. A letter from the Deputy Assistant Services. Series Turbofan Engines [Docket No. 2001– Secretary, Fish and Wildlife and Parks, De- 7438. A letter from the Attorney-Advisor, NE–25–AD; Amendment 39–12734; AD 2002–09– Department of Transportation, transmitting partment of the Interior, transmitting the Department’s final rule—National Natural 01] (RIN: 2120–AA64) received May 17, 2002, the Department’s ‘‘Major’’ final rule—Light pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Truck Average Fuel Economy Standard, Landmarks Program (RIN: 1024–AB96) re- ceived June 14, 2002, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- Model Year 2004 [Docket No. NHTSA–2001– 801(a)(1)(A); to the Committee on Resources. ture. 11048] (RIN: 2127–AI68) received June 17, 2002, 7451. A letter from the Director, Fish and 7460. A letter from the Program Analyst, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Wildlife Service, Department of the Interior, FAA, Department of Transportation, trans- mittee on Energy and Commerce. transmitting the Department’s final rule— mitting the Department’s final rule—Air- 7439. A letter from the Attorney-Advisor, Endangered and Threatened Wildlife and worthiness Directives; Cessna Aircraft Com- Department of Transportation, transmitting Plants; Listing of the Chiricahua Leopard pany Model CESSNA 441 Airplanes [Docket the Department’s ‘‘Major’’ final rule—Fed- Frog (Ranachiricahuensis) (RIN: 1018–AF41) No. 2002–CE–17–AD; Amendment 39–12746; AD eral Motor Vehicle Safety Standards; Tire received June 12, 2002, pursuant to 5 U.S.C. 2002–09–13] (RIN: 2120–AA64) received May 17, Pressure Monitoring Systems; Controls and 801(a)(1)(A); to the Committee on Resources. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Displays [Docket No. NHTSA 2000–8572] (RIN: 7452. A letter from the Program Analyst, Committee on Transportation and Infra- 2127–AI33) received June 3, 2002, pursuant to FAA, Department of Transportation, trans- structure. 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Air- 7461. A letter from the Director, National Energy and Commerce. worthiness Directives; Airbus Model A330 Science Foundation, transmitting the Foun- 7440. A letter from the Deputy Director, and A340 Series Airplanes [Docket No. 2001– dation’s draft bill entitled, ‘‘National Defense Security Cooperation Agency, trans- NM–350–AD; Amendment 39–12720; AD 2002– Science Foundation Authorization Act for mitting notification concerning the Depart- 08–12] (RIN: 2120–AA64) received May 17, 2002, Fiscal Years 2003 and 2004’’; to the Com- ment of the Navy’s proposed Letter(s) of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Science. Offer and Acceptance (LOA) to Japan for de- mittee on Transportation and Infrastruc- 7462. A letter from the General Counsel, fense articles and services (Transmittal No. ture. Department of Defense, transmitting a legis- 02–26), pursuant to 22 U.S.C. 2776(b); to the 7453. A letter from the Program Analyst, lative proposal relating to the management Committee on International Relations. FAA, Department of Transportation, trans- and operations of the Department; jointly to 7441. A letter from the Director, Inter- mitting the Department’s final rule—Air- the Committees on Armed Services, Finan- national Cooperation, Department of De- worthiness Directives; Honeywell Inter- cial Services, and Ways and Means. fense, transmitting a copy of Transmittal national, Inc., (formerly AlliedSignal, Inc., No. 19–02 which informs the intent to sign Textron Lycoming, Avco Lycoming, and f Amendment Number One to the Arrow Sys- Lycoming) former military T53 Series Tur- REPORTS OF COMMITTEES ON tem Improvement Program (ASIP) between boshaft Engines [Docket No. 2000–NE–50–AD; PUBLIC BILLS AND RESOLUTIONS the United States and Israel, pursuant to 22 Amendment 39–12742; AD 2002–09–09] (RIN: U.S.C. 2767(f); to the Committee on Inter- 2120–AA64) received May 17, 2002, pursuant to Under clause 2 of rule XIII, reports of national Relations. 5 U.S.C. 801(a)(1)(A); to the Committee on committees were delivered to the Clerk 7442. A letter from the Secretary, Depart- Transportation and Infrastructure. for printing and reference to the proper ment of Agriculture, transmitting the semi- 7454. A letter from the Chief, Regulations calendar, as follows: annual Management Report for the period and Administrative Law, USCG, Department October 1, 2001 through March 31, 2002, pursu- of Transportation, transmitting the Depart- Mr. BOEHLERT: Committee on Science. ant to 5 U.S.C. app. (Insp. Gen. Act) section ment’s final rule—Safety Zones, Security H.R. 3400. A bill to amend the High-Perform- 5(b); to the Committee on Government Re- Zones, and Special Local Regulations ance Computing Act of 1991 to authorize ap- form. [USCG–2002–11544] received June 7, 2002, pur- propriations for fiscal years 2003 through 2007 7443. A letter from the Assistant Director, suant to 5 U.S.C. 801(a)(1)(A); to the Com- for the coordinated Federal program on net- Executive and Political Personnel, Depart- mittee on Transportation and Infrastruc- working and information technology re- ment of Defense, transmitting a report pur- ture. search and development, and for other pur- suant to the Federal Vacancies Reform Act 7455. A letter from the Chief, Regulations poses; with an amendment (Rept. 107–511). of 1998; to the Committee on Government Re- and Administrative Law, USCG, Department Referred to the Committee of the Whole form. of Transportation, transmitting the Depart- House on the State of the Union. 7444. A letter from the Assistant Director ment’s final rule—Discharge of Effluents in Mr. HANSEN: Committee on Resources. for Executive and Political Personnel, De- Certain Alaskan Waters by Cruise Vessel Op- H.R. 3558. A bill to protect, conserve, and re- partment of Defense, transmitting a report erations [CGD17–01–003] (RIN: 2115–AG12) re- store native fish, wildlife, and their natural pursuant to the Federal Vacancies Reform ceived June 7, 2002, pursuant to 5 U.S.C. habitats on Federal lands through coopera- Act of 1998; to the Committee on Govern- 801(a)(1)(A); to the Committee on Transpor- tive, incentive-based grants to control, miti- ment Reform. tation and Infrastructure. gate, and eradicate harmful nonnative spe- 7445. A letter from the Assistant Director 7456. A letter from the Program Analyst, cies, and for other purposes; with amend- for Executive and Political Personnel, De- FAA, Department of Transportation, trans- ments (Rept. 107–512). Referred to the Com- partment of Defense, transmitting a report mitting the Department’s final rule—Air- mittee of the Whole House on the State of pursuant to the Federal Vacancies Reform worthiness Directives; Bombardier Model the Union. Act of 1998; to the Committee on Govern- CL–600–2B16 (CL–601–3R and CL–604) Series Mr. HANSEN: Committee on Resources. ment Reform. Airplanes [Docket No. 2001–NM–211–AD; H.R. 3942. A bill to adjust the boundary of 7446. A letter from the Assistant Director Amendment 39–12716; AD 2002–08–08] (RIN: the John Muir National Historic Site, and for Executive and Political Personnel, De- 2120–AA64) received May 17, 2002, pursuant to for other purposes; (Rept. 107–513). Referred partment of Defense, transmitting a report 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee of the Whole House on the pursuant to the Federal Vacancies Reform Transportation and Infrastructure. State of the Union. Act of 1998; to the Committee on Govern- 7457. A letter from the Program Analyst, Mr. DIAZ-BALART: Committee on Rules. ment Reform. FAA, Department of Transportation, trans- House Resolution 446. Resolution providing

VerDate 11-MAY-2000 03:30 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.127 pfrm09 PsN: H18PT1 H3668 CONGRESSIONAL RECORD — HOUSE June 18, 2002 for consideration of the bill (H.R. 3389) to re- By Mr. PORTMAN (for himself, Mr. By Mr. BOEHNER (for himself, Mr. authorize the National Sea Grant College JEFFERSON, Mr. HOUGHTON, Mr. GEORGE MILLER of California, Mr. Program Act, and for other purposes (Rept. LEVIN, Mr. CRANE, Mr. LEWIS of Geor- MCKEON, and Mr. TIBERI): 107–514). Referred to the House Calendar. gia, Mr. CAMP, and Mr. TANNER): H. Res. 448. A resolution recognizing The Ms. PRYCE of Ohio: Committee on Rules. H.R. 4958. A bill to amend the Internal Rev- First Tee for its support of programs that House Resolution 447. Resolution providing enue Code of 1986 to allow a 10-year foreign provide young people of all backgrounds an for consideration of the bill (H.R. 1979) to tax credit carryforward; to the Committee opportunity to develop, through golf and amend title 49, United States Code, to pro- on Ways and Means. character education, life-enhancing values vide assistance for the reconstruction of cer- By Mr. ROSS (for himself, Mr. SNYDER, such as honor, integrity, and sportmanship; tain air traffic control towers (Rept. 107–515). and Mr. ANDREWS): to the Committee on Education and the Referred to the House Calendar. H.R. 4959. A bill to require health insur- Workforce. Mr. DREIER: Committee on Rules. House ance coverage for certain reconstructive sur- Resolution 449. Resolution to establish the gery; to the Committee on Energy and Com- f Select Committee on Homeland Security merce, and in addition to the Committee on ADDITIONAL SPONSORS (Rept. 107–517). Referred to the House Cal- Education and the Workforce, for a period to endar. be subsequently determined by the Speaker, Under clause 7 of rule XII, sponsors in each case for consideration of such provi- f were added to public bills and resolu- sions as fall within the jurisdiction of the tions as follows: REPORTED BILL SEQUENTIALLY committee concerned. H.R. 232: Mr. HALL of Ohio. REFERRED By Ms. VELAZQUEZ (for herself, Mr. H.R. 239: Mr. KINGSTON, Mr. GONZALEZ, and MEEKS of New York, Mr. SERRANO, Under clause 2 of rule XII, bills and Mr. ROTHMAN. Mr. RANGEL, Mrs. MCCARTHY of New H.R. 303: Ms. KILPATRICK. reports were delivered to the Clerk for York, Mr. OWENS, Mr. ENGEL, and Mr. H.R. 488: Mr. HONDA, Mr. MCNULTY, Mr. printing, and bills referred as follows: ISRAEL): Mr. OXLEY. Committee on Financial Serv- H.R. 4960. A bill to foster economic devel- PHELPS, and Mr. ISRAEL. ices. H.R. 3951. A bill to provide regulatory opment through the involvement of small H.R. 730: Mr. DAVIS of Illinois. relief and improve productivity for insured businesses located in the New York City H.R. 778: Mr. MATHESON. depository institutions, and for other pur- metropolitan area in procurements related H.R. 822: Mrs. ROUKEMA. poses, with an amendment; referred to the to the improvement and reconstruction of H.R. 832: Mr. GRUCCI. Committee on Judiciary for a period ending the area in New York damaged by the ter- H.R. 848: Mr. MCNULTY. not later than July 22, 2002, for consideration rorist attacks perpetrated against the H.R. 854: Mr. SHIMKUS and Mr. INSLEE. of such provisions of the bill and amendment United States on September 11, 2001; to the H.R. 1134: Mr. TOM DAVIS of Virginia and as fall within the jurisdiction of that com- Committee on Small Business, and in addi- Mr. BARTLETT of Maryland. mittee pursuant to clause 1(k), rule X (Rept. tion to the Committee on Financial Serv- H.R. 1245: Mr. WELDON of Pennsylvania. 107–516, Pt. 1). ices, for a period to be subsequently deter- H.R. 1274: Ms. HART and Mr. DUNCAN. mined by the Speaker, in each case for con- H.R. 1296: Mr. ACKERMAN. f sideration of such provisions as fall within H.R. 1581: Mrs. CAPITO. PUBLIC BILLS AND RESOLUTIONS the jurisdiction of the committee concerned. H.R. 1650: Mr. LANTOS. By Mr. SMITH of Michigan: H.R. 1723: Ms. BROWN of Florida, Ms. KAP- Under clause 2 of rule XII, public H.J. Res. 99. A joint resolution proposing a TUR, and Mr. TANNER. bills and resolutions of the following spending limitation amendment to the Con- H.R. 1724: Mr. MALONEY of Connecticut. titles were introduced and severally re- stitution of the United States; to the Com- H.R. 1808: Ms. SLAUGHTER. ferred, as follows: mittee on the Judiciary. H.R. 1841: Mr. BOSWELL, Mr. CANNON, Mr. By Mrs. JOHNSON of Connecticut (for By Mrs. CLAYTON (for herself, Ms. ACEVEDO-VILA, Mr. SHOWS, Mr. CARSON of herself and Mr. BILIRAKIS: MILLENDER-MCDONALD, Mrs. BIGGERT, Oklahoma, Mr. CUNNINGHAM, Mr. MCNULTY, H.R. 4954. A bill to amend title XVIII of the Ms. EDDIE BERNICE JOHNSON of Texas, Ms. KAPTUR, Mr. THOMPSON of Mississippi, Social Security Act to provide for a vol- Mr. TOWNS, Mrs. JONES of Ohio, Ms. Mr. JACKSON of Illinois, Mr. ETHERIDGE, Mrs. untary program for prescription drug cov- JACKSON-LEE of Texas, Mrs. JOHNSON of Connecticut, and Mr. HEFLEY. erage under the Medicare Program, to mod- MORELLA, Mr. PAYNE, Mr. LANTOS, H.R. 1904: Mr. FATTAH. ernize and reform payments and the regu- Ms. KILPATRICK, Mr. RUSH, Mrs. H.R. 1950: Mr. GILLMOR. latory structure of the Medicare Program, CHRISTENSEN, Ms. WATERS, Mr. KIL- H.R. 1966: Mr. NORWOOD. and for other purposes; pursuant to the order DEE, Ms. CARSON of Indiana, Ms. WAT- H.R. 1984: Mr. EVERETT. of the House of June 17, 2002, jointly to the SON, Ms. DELAURO, Ms. MCKINNEY, H.R. 2098: Mr. SHERMAN. Committees on Energy and Commerce and Mrs. MINK of Hawaii, Ms. SOLIS, Ms. H.R. 2179: Mr. SANDERS and Mr. BALDACCI. Ways and Means. VELAZQUEZ, Mrs. CAPPS, Mr. FARR of H.R. 2222: Mr. BISHOP. By Mr. GANSKE (for himself, Mr. NOR- California, Mr. KLECZKA, Mr. STARK, H.R. 2349: Mr. HINOJOSA. WOOD, Mr. WHITFIELD, Mr. PICKERING, Ms. KAPTUR, Mrs. THURMAN, Mr. H.R. 2357: Mr. ROGERS of Michigan and Mr. and Mr. BILIRAKIS): LEWIS of Georgia, Mr. LEVIN, Mr. CHABOT. H.R. 4955. A bill to amend the Federal SCOTT, Ms. LEE, Mrs. NAPOLITANO, H.R. 2462: Mr. HINCHEY and Mr. MCNULTY. Food, Drug, and Cosmetic Act to establish a Mr. BERRY, Mrs. EMERSON, Mrs. H.R. 2484: Mr. REYNOLDS, Mr. BISHOP, and program of fees relating to animal drugs; to MALONEY of New York, Mr. BARRETT, Mrs. KELLY. the Committee on Energy and Commerce. Mr. CONYERS, Mrs. MEEK of Florida, H.R. 2527: Mr. WILSON of South Carolina, By Mr. CARSON of Oklahoma (for him- Mr. CLYBURN, Mr. HOLDEN, Ms. BERK- Ms. ESHOO, Mr. BACHUS, Ms. HARMAN, and self and Mr. BORSKI): LEY, Mr. RANGEL, Mr. ROEMER, Mr. Mr. SHAYS. H.R. 4956. A bill to establish a National DAVIS of Illinois, Mr. RODRIGUEZ, Mr. H.R. 2674: Mr. DICKS. Commission on the Bicentennial of the Lou- HOEFFEL, Mr. EDWARDS, Mr. HONDA, H.R. 2874: Mr. HILL, Mr. BISHOP, and Mr. isiana Purchase; to the Committee on Re- Ms. SLAUGHTER, Mr. DOGGETT, Mr. KIND. sources. SANDLIN, Ms. PELOSI, Mr. DAVIS of H.R. 2908: Mr. DOGGETT, Mr. MORAN of Vir- By Mr. LANTOS (for himself, Mr. Florida, Mr. PHELPS, Mr. FRANK, Mr. ginia, and Mr. RUSH. BACA, Mr. BERMAN, Mr. FILNER, Mr. SPRATT, Mr. HILLIARD, Ms. MCCOL- H.R. 2957: Mr. WOLF. FROST, Mr. GILMAN, Mr. GORDON, Mr. LUM, Mr. MALONEY of Connecticut, H.R. 2966: Mr. WAXMAN. GREEN of Texas, Mr. HONDA, Mrs. Mr. TIERNEY, Mr. ANDREWS, Mr. H.R. 3058: Mr. TOOMEY. JONES of Ohio, Mr. KANJORSKI, Mr. SHAYS, Mr. GEORGE MILLER of Cali- H.R. 3131: Mr. KELLER. LUTHER, Mr. MALONEY of Con- fornia, Ms. BROWN of Florida, Mr. H.R. 3154: Mr. HOYER, Mr. LATHAM, Ms. necticut, Mr. MATHESON, Mrs. MINK MCGOVERN, Mr. WYNN, Mr. GILMAN, JACKSON-LEE of Texas, Mr. MARKEY, and Ms. of Hawaii, Mr. OBERSTAR, Mr. OTTER, Mr. BEREUTER, Mr. LEWIS of Cali- BALDWIN. Mr. OWENS, Mr. PETERSON of Min- fornia, Ms. PRYCE of Ohio, Mrs. JOHN- H.R. 3207: Mr. DAVIS of Illinois. nesota, Ms. ROS-LEHTINEN, Mr. SON of Connecticut, Ms. DUNN, Mr. H.R. 3337: Mr. CLYBURN. STRICKLAND, Mrs. THURMAN, Mr. KOLBE, Mr. PORTMAN, Mr. BISHOP, Mr. H.R. 3414: Mr. HALL of Texas, Mr. BISHOP, TURNER, Mr. WEINER, and Mrs. FATTAH, Mr. POMEROY, Mr. EVANS, and Mr. CUMMINGS. CAPPS): Mrs. BONO, Mr. TURNER, Mr. WATTS of H.R. 3424: Mrs. CLAYTON. H.R. 4957. A bill to amend chapter 83 of Oklahoma, Mr. GREENWOOD, Mr. H.R. 3430: Mrs. DAVIS of California. title 5, United States Code, to provide for the BOOZMAN, Mr. ENGEL, and Mr. SNY- H.R. 3491: Mr. HILLIARD and Mr. SUNUNU. computation of annuities for air traffic con- DER): H.R. 3609: Mr. WALDEN of Oregon and Mr. trollers in a manner similar to that in which H. Con. Res. 421. Concurrent resolution rec- FOSSELLA. annuities for law enforcement officers and ognizing the importance of inheritance H.R. 3612: Mr. MORAN of Kansas, Mr. firefighters are computed; to the Committee rights of women in Africa; to the Committee GILCHREST, Mr. HOLDEN, Mr. PRICE of North on Government Reform. on International Relations. Carolina, Mr. BOEHLERT, Mr. LEACH, Mr.

VerDate 11-MAY-2000 03:22 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.039 pfrm09 PsN: H18PT1 June 18, 2002 CONGRESSIONAL RECORD — HOUSE H3669

HOYER, Mr. KIND, Ms. MCKINNEY, Mr. LA- H.R. 4611: Ms. NORTON. H.R. 4840: Mr. OTTER. FALCE, Mr. RAHALL, and Mr. HINCHEY. H.R. 4614: Mr. CLAY and Mr. EVANS. H.R. 4872: Mr. OWENS and Mr. TANCREDO. H.R. 3626: Mr. TRAFICANT. H.R. 4622: Mr. REHBERG. H.R. 4875: Mr. MICA. H.R. 3670: Ms. WOOLSEY and Mr. DINGELL. H.R. 4623: Ms. LOFGREN. H.R. 4878: Mr. SULLIVAN and Ms. H.R. 3719: Mr. CLAY. H.R. 4635: Mr. TAYLOR of Mississippi, Mr. SCHAKOWSKY. H.R. 3731: Mr. BISHOP. PICKERING, and Mr. HEFLEY. H.R. 4904: Ms. LEE, Mr. RODRIGUEZ, Mr. H.R. 3741: Mr. BENTSEN. H.R. 4642: Mr. KINGSTON. BECERRA, Mr. ACEVEDO-VILA´ , Mr. JEFF MIL- H.R. 3777: Mr. EVANS. H.R. 4643: Mr. LANTOS. LER of Florida, and Mr. WU. H.R. 3788: Mr. TIERNEY. H.R. 4646: Mr. PASCRELL, Mr. CLEMENT, Mr. H.R. 4907: Mr. SCHAFFER and Mr. KINGSTON. H.R. 3802: Mr. RADANOVICH. SWEENEY, and Mr. UDALL of Colorado. H.R. 4920: Mr. MARKEY and Ms. JACKSON- H.R. 3831: Mr. WOLF. H.R. 4653: Mr. BROWN of Ohio, Ms. LEE of Texas. H.R. 3883: Mr. RAHALL. DEGETTE, Mr. ISRAEL, and Mr. WU. H.R. 4946: Mr. MCINNIS, Mr. BRADY of H.R. 3884: Mr. BERMAN, Mr. HOEFFEL, Mr. H.R. 4654: Mrs. MORELLA. Texas, and Mr. PORTMAN. BARRETT, Mr. DAVIS of Illinois, Mr. H.R. 4680: Ms. MCCARTHY of Missouri, Ms. H. Con. Res. 42: Mr. SANDERS. RODRIGUEZ, and Mr. EVANS. CARSON of Indiana, Mr. BISHOP, Mr. WAXMAN, H. Con. Res. 164: Ms. RIVERS. H.R. 3906: Mr. PASCRELL. Mrs. BIGGERT, and Mr. SCHIFF. H. Con. Res. 245: Mr. MOORE. H.R. 3916: Mr. RANGEL. H.R. 4693: Mr. DEUTSCH, Mr. KIRK, Ms. HAR- H. Con. Res. 364: Ms. SANCHEZ. H.R. 3966: Ms. EDDIE BERNICE JOHNSON of MAN, Mrs. LOWEY, and Mr. EVANS. H. Con. Res. 382: Mr. ALLEN. Texas. H.R. 4704: Mr. HOLT. H. Con. Res. 385: Mr. BISHOP. H.R. 3967: Ms. EDDIE BERNICE JOHNSON of H.R. 4715: Mr. LANTOS. H. Con. Res. 401: Mr. UDALL of Colorado. Texas. H.R. 4730: Ms. RIVERS, Mr. FRANK, Mr. RAN- H. Con. Res. 413: Mr. HALL of Texas. H.R. 3973: Mr. STUMP, Mr. EVERETT, and GEL, Mr. FROST, Ms. MILLENDER-MCDONALD, H. Con. Res. 416: Mr. BURTON of Indiana. Mr. OTTER. Mrs. MEEK of Florida, Mrs. MALONEY of New H. Con. Res. 418: Mr. ETHERIDGE, Mr. H.R. 3974: Mr. BENTSEN. York, Mr. BERMAN, Mr. DAVIS of Illinois, Ms. HAYWORTH, Mr. BORSKI, Ms. PRYCE of Ohio, H.R. 3989: Mr. OBERSTAR and Mr. BISHOP. NORTON, Mr. SCHIFF, and Ms. SLAUGHTER. and Ms. SLAUGHTER. H.R. 4027: Mr. TAYLOR of Mississippi and H.R. 4757: Mr. FERGUSON. H. Res. 445: Mr. TOM DAVIS of Virginia Mr. SANDLIN. H.R. 4764: Mr. PAYNE, Mr. OWENS, Mrs. H.R. 4071: Mr. HEFLEY. JONES of Ohio, Mrs. THURMAN, Mr. LIPINSKI, f H.R. 4089: Ms. KAPTUR. Mr. WYNN, Ms. SCHAKOWSKY, Mr. H.R. 4091: Ms. KAPTUR. BLAGOJEVICH, Mrs. CHRISTENSEN, Mr. SAND- DELETIONS OF SPONSORS FROM H.R. 4446: Mr. BLUNT and Mr. GILLMOR. ERS, Ms. WOOLSEY, Mr. DAVIS of Illinois, Mr. PUBLIC BILLS AND RESOLUTIONS H.R. 4524: Ms. RIVERS and Mr. BOEHLERT. BISHOP, Mrs. MINK of Hawaii, and Mr. FROST. Under clause 7 of rule XII, sponsors H.R. 4551: Mr. DAVIS of Illinois. H.R. 4771: Mr. REHBERG. H.R. 4599: Mr. FROST and Mr. HASTINGS of H.R. 4798: Mr. COSTELLO. were deleted from public bills and reso- Florida. H.R. 4799: Mr. PASCRELL, Mr. EVANS, and lutions as follows: H.R. 4604: Mr. FROST. Mr. PRICE of North Carolina. H.R. 1475: Mrs. CLAYTON.

VerDate 11-MAY-2000 03:22 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.042 pfrm09 PsN: H18PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, TUESDAY, JUNE 18, 2002 No. 81 Senate The Senate met at 9:30 a.m. and was appoint the Honorable MARK DAYTON, a Sen- ple, is going to score this. Their 3 mil- called to order by the Honorable MARK ator from the State of Minnesota, to perform lion members believe this is important, DAYTON, a Senator from the State of the duties of the Chair. as do the members of the Business Minnesota. ROBERT C. BYRD, Roundtable. President pro tempore. We have the support of organizations PRAYER Mr. DAYTON thereupon assumed the that are as diverse as the Taxicab, chair as Acting President pro tempore. The Chaplain, Dr. Lloyd John Limousine & Paratransit Association Ogilvie, offered the following prayer: f to the American Banking Association. This legislation is important to the fi- Almighty God, You give us what we RESERVATION OF LEADER TIME need and not always what we want. nancial well-being of this country. We You have programmed us for greatness. The ACTING PRESIDENT pro tem- have construction projects that are You will not flatter those who want pore. Under the previous order, the being stopped. We have construction flattery, but seek to show us that last- leadership time is reserved. projects that can’t start. ing joy is being servant leaders. Lead f I say to my friends, no matter how us out of the quagmire of self-aggran- strongly their beliefs may be relating TERRORISM RISK INSURANCE ACT to cloning and therapeutic stem cell dizement and show us the path of self- OF 2002 sacrifice. Free us of demanding love on research, whatever we want to term it, our terms and help us to do what love The ACTING PRESIDENT pro tem- it has nothing to do with this legisla- demands. May our quest for recogni- pore. Under the previous order, the tion. If the amendment becomes part of tion be replaced by a quiet recognition Senate will now resume consideration this legislation, the bill will be gone by that You are pleased. Help us to play of S. 2600, which the clerk will report. the time it hits that backdoor. It has our lives to an audience of One: You, The legislative clerk read as follows: nothing to do with the underlying leg- dear Lord. A bill (S. 2600) to ensure the continued fi- islation, terrorism insurance, which is May the demands of public service nancial capacity of insurers to provide cov- so badly needed. become a delight and not a duty. Help erage for risks from terrorism. I express my appreciation to those us not to miss the joy that today holds, Pending: who have worked so hard to get to this waiting to be unwrapped. Amen. Brownback amendment No. 3843, to pro- point. Senator DODD has made state- hibit the patentability of human organisms. ments on the floor time and time again f Ensign amendment No. 3844 (to amendment indicating how important this legisla- PLEDGE OF ALLEGIANCE No. 3843), to prohibit the patentability of tion is. When he speaks, he speaks for human organisms. the business community. Remember, The Honorable MARK DAYTON led the The ACTING PRESIDENT pro tem- Pledge of Allegiance, as follows: the business community employs work- pore. Under the previous order, the ing men and women. This is important I pledge allegiance to the Flag of the time until 9:45 a.m. shall be equally di- United States of America, and to the Repub- to the country. It is some of the most lic for which it stands, one nation under God, vided between the two managers. important legislation that has come indivisible, with liberty and justice for all. The Senator from Nevada. before the Senate all year. We should Mr. REID. Mr. President, I ask unan- invoke cloture, and we should do it f imous consent that the vote occur at when the vote starts at 9:50 today. APPOINTMENT OF ACTING 9:50 a.m. rather than 9:45 a.m., and that Mr. DODD. Mr. President, I suggest PRESIDENT PRO TEMPORE the time be equally divided. the absence of a quorum. The ACTING PRESIDENT pro tem- The PRESIDING OFFICER. The Mr. REID. Mr. President, I ask unan- pore. Without objection, it is so or- clerk will please read a communication imous consent that the time run equal- dered. to the Senate from the President pro ly against both sides. The Senator from Connecticut. The ACTING PRESIDENT pro tem- tempore (Mr. BYRD). Mr. DODD. Mr. President, I yield 2 The legislative clerk read the fol- pore. Without objection, it is so or- minutes to my colleague from Nevada. lowing letter: dered. Mr. REID. Mr. President, this is a The clerk will call the roll. U.S. SENATE, banking bill. This is a bill that came The legislative clerk proceeded to PRESIDENT PRO TEMPORE, Washington, DC, June 18, 2002. from the Banking Committee. It deals call the roll. To the Senate: with a very important issue to the Mr. DODD. Mr. President, I ask unan- Under the provisions of rule I, paragraph 3, business community of this country. imous consent that the order for the of the Standing Rules of the Senate, I hereby The Chamber of Commerce, for exam- quorum call be rescinded.

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

S5643

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VerDate 11-MAY-2000 00:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.000 pfrm01 PsN: S18PT1 S5644 CONGRESSIONAL RECORD — SENATE June 18, 2002 The ACTING PRESIDENT pro tem- ‘‘Almost every policy coming in doesn’t over that this issue of terrorism insur- pore. Without objection, it is so or- have terrorism coverage,’’ Creamer said. He ance is real. dered. declined to specify how many of GMAC’s I have talked about the problems oc- Mr. DODD. Mr. President, let me 40,000 mortgages have been reviewed so far as curring in the commercial mortgage- thank my colleague from Nevada, the part of a routine check of their insurance policies. backed securities. We have had com- distinguished majority whip, for his as- Creamer said GMAC does not plan to fore- ments from the President, Governors sistance and support on this matter, close on the properties that lack the cov- from across the country, and others the terrorism insurance legislation. erage. But he said the company will work who are involved in this issue. There is In a few minutes we will be voting on with the borrowers to get terrorism insur- a list in the newspaper this morning of cloture on this bill. I can’t speak for ance, a course that some borrowers have organizations as wide ranging as real the leadership, obviously, but I do avoided because of the high price and dif- estate and chambers of commerce to know that as of last Friday at least, ficulty of obtaining the coverage after the labor groups calling on this body to my sense was there was a consensus be- Sept. 11 terrorist attacks. In March, Simon Property Group Inc. sued vote this bill out and get to conference tween the two leaders, based on the GMAC for trying to force the mall owner to so we can resolve the differences with comments made on the floor, that even obtain terrorism coverage for its portfolio of the other body. though the distinguished minority shopping centers, including the Mall of There is a list this morning: Vote for leader might under other cir- America near Minneapolis. The suit was set- S. 2600, Terrorism Risk Insurance Act cumstances be somewhat reluctant to tled after Simon purchased two policies with of 2000. I will not bother at this point support a cloture motion, I certainly $100 million limits. to read the names, but there is a long According to the Bond Market Association, interpreted his remarks to indicate list of groups and organizations that that he understood why the majority $7 billion worth of commercial real estate loan activity has been suspended or canceled represent thousands and thousands of leader was filing a cloture motion and because of a shortage of coverage. workers who, if we do not deal with asking for such a vote. Creamer said GMAC has turned down re- this bill, run the risk of losing their Last week we started debating the quests for more than $1 billion in new loans jobs. terrorism insurance bill on Thursday this year because the projects were not in- The Chamber of Commerce has said morning. By Friday, we had dealt with sured against terrorism. that ‘‘it is vital to pass this important two amendments dealing with the sub- ‘‘The real problem is not your bread-and- legislation expeditiously,’’ talking stance of the bill. I was dealing with butter properties,’’ Creamer said. ‘‘It’s your trophy properties in metropolitan U.S.A.’’ about the cloture vote. every other issue but terrorism insur- The difficulty in obtaining insurance has From insurance agents and brokers: ance. prompted a call for federal action from in- Support cloture and oppose Gramm amend- Now we have a cloning proposal be- surers and business interests. ment to remove per company retentions. fore us. I have tried all weekend to The Senate resumed debate yesterday on a From the Real Estate Roundtable: draw some nexus between cloning and bill that would create a one-year federal We are writing to urge you to vote affirma- terrorism insurance, and my imagina- backup to help pay the insurance costs of a future terrorist attack. Under the terms of tively on cloture and for final passage of the tion fails me here. I don’t see the link- Terrorism Risk Insurance Act of 2002. These age at all. My hope is, while there are the bill, insurance companies would have to pay a portion of claims resulting from a ter- two votes will be scored as key votes for our certainly a lot of strong views on rorist attack. The amount would vary ac- organization. cloning, the issue of terrorism insur- cording to each insurer’s market share. The The American Insurance Association: ance requires the attention of this government would then pay 80 percent of the The same message. body, it requires this body to respond remaining claims if the attack cost less than The National Association of Real- to this particular need and vote up or $10 billion and 90 percent if claims totaled tors. This is a ‘‘key’’ vote for cloture down on the matter. If they want to more than $10 billion. on S. 2600. vote against it, vote against it. Senate Majority Leader Thomas A. Mr. President, we made the case over My fear is, if we don’t invoke cloture, Daschle (D-S.D.) plans to force a vote today on a procedural issue that would end debate and over for many months as we have we will then move to the Department on the bill. If he gets 60 votes, a final vote on gone back and forth on this bill that of Defense authorization bill. After all the bill could come later in the day or to- each day that goes by, the case grows the work that has been put into this ef- morrow. more serious and demands our atten- fort over the last months, we may see The House passed a competing measure tion. the last of the terrorism insurance pro- last year that would require insurers to I have had letters from 30 of our col- posal. cover the first $1 billion in losses arising leagues, from 18 Governors across the For those out there who believe this from a terrorist attack. The government country, repeated letters and com- would pay 90 percent of additional claims. issue deserves to be considered and re- ments from the President of the United solved one way or the other, I strongly The insurers and policyholders eventually would have to repay the money. States and the Secretary of the Treas- urge them to vote to invoke cloture. ‘‘There’s a lot of lifting to be done yet,’’ ury, and others who urge us to step to I ask unanimous consent that an ar- said Julie Rochman, senior vice president for the plate and bring up amendments, ticle in this morning’s Washington the American Insurance Association, a trade which we were willing to do last week Post, ‘‘Firms Warned on Terrorism In- group that supports a federal backup. without cloture. Now we have no other surance,’’ be printed in the RECORD. In the meantime, a growing number of choice because we have received pro- lenders such as GMAC are trying to assess There being no objection, the mate- posals, with all due respect to our col- rial was ordered to be printed in the their risks in lending money to uninsured properties. league from Kansas and others, to RECORD, as follows: ‘‘I’d be surprised if there was a lender in bring up matters that the Senate may [From the Washington Post, June 18, 2002] this country that wasn’t doing this,’’ said or may not grapple with in this Con- FIRMS WARNED ON TERRORISM INSURANCE Darrell Wheeler, a commercial mortgage gress. To hurl these matters at this bill (By Jackie Spinner) backed securities analyst at Salomon Smith as we are trying to wrap up business we GMAC Commercial Mortgage Corp., one of Barney Inc. think is a huge mistake. As lenders, ‘‘it is their responsibility to the nation’s largest lenders, is notifying its This is probably the last chance. For borrowers that they must have terrorism in- make sure their borrowers are in compliance surance or risk defaulting on their loans, the with their loan documents,’’ Wheeler said. those who think there is going to be latest example of how a shortage of such cov- ‘‘At the same time, if I’m a borrower, I’m another day in this Congress on ter- erage is hurting commercial real estate fi- facing very expensive insurance premiums. rorism insurance, I fear there will not nancing. Most borrowers are trying to avoid that ad- be. This is it. So in about 10 minutes, David E. Creamer, chairman and chief ex- ditional expense.’’ my colleagues will have a chance to de- ecutive of GMAC Commercial Holding Corp., Mr. DODD. This article makes the cide whether we give final consider- the mortgage company’s corporate parent, case that GMAC, the commercial mort- ation to this bill or move on to other said 85 percent to 90 percent of the loan gage corporation, one of the largest matters. agreements the company has reviewed this year are not in compliance because the prop- lenders, is notifying borrowers that For those who vote against cloture, erty owners are not insured against ter- they must have terrorism insurance or understand if things do happen, then rorism when they renew their policies, put- risk defaulting on their loans; again, the finger of culpability clearly gets ting the agreements in technical default. making the point we made over and pointed in the direction of those who

VerDate 11-MAY-2000 00:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.004 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5645 denied us an opportunity to vote on supporters of having a bill, but what is our window. This is our opportunity. this bill. has happened now is the nature of this Colleagues on both sides of the aisle I urge support of the cloture motion, bill does not fit the reality of the world have made it very clear it is important and I yield the floor. in which we live, in the world at the we take up the Defense authorization The ACTING PRESIDENT pro tem- end of June when policies have been bill. So we are not going to extend the pore. Who yields time? The Senator sold, premiums have been collected debate on this legislation. We will ei- from Texas. based on no Government backup, and ther get cloture, deal with germane Mr. GRAMM. Mr. President, I intend now we are coming in with retention amendments, and move on or we won’t to vote against cloture. I urge my col- levels that are so low that in some get cloture, and we will move on in any leagues to also vote against cloture. cases the Federal Government is going case. This boils down now to two issues, to begin to pay when losses are in the So that is our option this morning, and they are very real issues. No. 1, the tens of millions. and I am very hopeful we can achieve President has said he will not sign a When we initially contemplated this that. I hope colleagues will understand bill that will make victims of ter- bill, when the administration signed off we have been tolerant, we have been rorism subject to attacks by plaintiff’s on a compromise, there was a $10 bil- patient, we have been innovative, and attorneys and subject to punitive dam- lion retention. Mr. President, $10 bil- we have been imaginative. I can’t ages. We think it is vitally important lion was made by the people who col- think of anything else we can be in an that we have an opportunity to deal lected the premiums before the tax- effort to get this job done. with this issue and to have at least one payer paid. That has now been dra- I know there is a great deal of inter- more vote on it. matically changed with retention lev- est in it. But the time has come for us Secondly, we are in a situation now els set on a company-by-company to bring this to closure if, indeed, Sen- where this bill has evolved to the point basis. I think this encourages compa- ators want a terrorism insurance bill that the taxpayer is virtually the payor of first resort, not last resort. nies to take on full projects, I think it this work period. So I urge my colleagues to vote for When this bill was initially put to- moves us in exactly the wrong direc- cloture, and I yield the floor. gether in a bipartisan compromise, tion, and I think we have an oppor- The ACTING PRESIDENT pro tem- supported by the administration, we tunity to fix this. I believe it will be pore. The Republican leader. had in a terrorist attack $10 billion of fixed if we deny cloture, and I urge my Mr. LOTT. Mr. President, I yield my- costs that the insurance industry had colleagues to vote against cloture and self time under leader time. I know it to bear before the Federal Government give us an opportunity to deal with pu- is time for us to vote, but I will be came in to pick up the tab. nitive damages being imposed on vic- This was critical for two reasons. No. tims of terrorism and give us an oppor- brief. 1, it provided incentives for insurance tunity to have retention levels that First of all, I believe we are close to companies to syndicate, so no one in- protect the taxpayer, that do not cre- finishing this bill. I understand there surance company insures the Empire ate windfall gains and retention levels are very few remaining issues we would State Building. There may be a lead that encourage the development of re- actually have to dispose of even though company and then they syndicate to insurance and syndication, something there were some 41 amendments filed other companies to spread the risk. that is absolutely essential to get the on this legislation: 14 on the Repub- No. 2, it was vitally important in Federal Government out of this busi- lican side of the aisle, 27 on the Demo- terms of protecting the taxpayer. What ness within 2 or 3 years. I yield the cratic side. I am not sure how many of has happened now, by going to a reten- floor. them are germane or how many would tion level by individual companies, is The ACTING PRESIDENT pro tem- actually have to be offered. I know the that we have reached a point where the pore. The majority leader. manager of the legislation filed 21 of taxpayer is put at exposure very early Mr. DASCHLE. Mr. President, I them, and perhaps some of them have in the process. I think it circumvents wanted to come to the floor for a mo- been accepted. I don’t know how many what we are trying to do. ment to express the hope that we can of those have been worked through. My biggest concern is, if we adopt get cloture, that both Republican and But clearly there were some problems this bill in its current form, that we Democratic Members can vote for clo- with this legislation that needed to be are setting up sort of a hot-house plant ture this morning and move on. I re- addressed. that cannot exist and grow and work mind all of my colleagues that there It is my hope we can complete this without permanent Government in- will be 30 hours of debate at least po- important legislation and get it to con- volvement. tentially available to Senators with ference and then get a bill that we can I remind my colleagues, our objective germane amendments. So there is abso- accept and the President can sign. was to have a 2- or 3-year program to lutely no reason to vote against clo- There is a little bit of revisionist his- bridge this gap to create a situation ture. tory that has been going on here. You where the reinsurance market would I might just say for the record, prior remember last year in December very emerge, where syndication would be- to the time we take this vote, we began good work was done by members of the come the norm in high profile projects negotiations on this matter months committee on both sides of the aisle, a so that the Federal Government could and months ago. We have offered vir- bill that could probably have whizzed get out of this industry and so that the tually every conceivable proposal I can right through here. But over a period cost of terrorism in terms of risk would think of to be able to bring this bill to of time, the limits on liabilities were be built into the term structure of in- the floor under unanimous consent. We taken out, which is a concern of a num- terest rates. asked unanimous consent on many oc- ber of Members on this side, and also The problem with this bill—and this casions and were unable to get that the per-company limits were changed, bill made sense in December when we consent. We even offered to bring up or they were put into place in the legis- had 3 weeks before 80 percent of the in- the House bill with a limit of five rel- lation at a very low level where Fed- surance premiums in America were evant amendments on either side, and eral funding would actually get to kick going to be due and the existing poli- that was not successful. in. cies were going to expire, but today I am at a loss for how we will proceed Those are two of the major problems much of that insurance has been writ- under these circumstances if we are that still exist. That could have been ten, premiums have been collected, and not able to get cloture today. My in- worked out if we had gone to the bill to adopt a bill with retention rates as tention would be to put the bill back that was originally offered in com- low as we have in this bill is to create on the calendar and move directly to mittee or over these many months we economic windfalls and to destroy the the Defense authorization bill if we fail have been trying to get an agreement incentive of the industry to do the to get cloture today. Only after we of how to proceed. things that need to be done to get the would have in writing the number of We have been unable to debate this Government out of this business. Senators required to bring the bill measure at much length, although I I remind my colleagues that I have back would I be able to reschedule this said last week that I understood why been among the earliest and strongest legislation. So this is our chance. This Senator DASCHLE filed cloture.

VerDate 11-MAY-2000 00:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.006 pfrm01 PsN: S18PT1 S5646 CONGRESSIONAL RECORD — SENATE June 18, 2002 We have other issues we need to go vate companies that have sold policies CLOTURE MOTION on to, but I think in this case cloture and collected premiums. They were We, the undersigned Senators, in accord- may actually delay it a day. If we get going to pay up front, and in big losses ance with the provisions of rule XXII of the cloture, it could take us sometime into the taxpayer was going to pay. When Standing Rules of the Senate, do hereby tomorrow. It looks to me as if there is we got into December and 80 percent of move to bring to a close debate on Calendar only four, maybe five amendments that the insurance policies were expiring, No. 410, S. 2600, the terrorism insurance bill: Harry Reid, Hillary Rodham Clinton, actually would have to be debated and there was a movement toward indi- Jean Carnahan, Charles Schumer, Kent considered and voted on. vidual company retentions to dramati- Conrad, Tom Daschle, Richard Durbin, I think we could probably get an cally reduce the amount companies had Jack Reed, Byron L. Dorgan, Chris- agreement on the number of amend- to pay before the Government paid. topher J. Dodd, Debbie Stabenow, Jay ments and get a time limit and actu- Now we are at the end of June. Com- Rockefeller, Maria Cantwell, Jeff ally get votes on those amendments, panies have sold insurance policies. Bingaman, Daniel K. Akaka, Evan perhaps not. But they are certainly rel- They have collected premiums. To Bayh, Joseph Lieberman. evant even though I am not sure come in now with retention levels in The ACTING PRESIDENT pro tem- whether they would be germane the tens of millions instead of tens of pore. By unanimous consent the man- postcloture. I know Senator MCCON- billions is to create an unintended, and datory quorum call under the rule is NELL has two or three, Senator GRAMM I believe unwise and unfair wealth waived. has one, Senator BROWNBACK one; there transfer but, more importantly, it dis- The question is, Is it the sense of the may be two or three on that side. But courages the kind of risk sharing that Senate that debate on S. 2600, a bill to I believe we could work this out and we need to ultimately get the Govern- insure the continued financial capacity actually get the legislation completed ment out of this business. of insurers to provide coverage for today. I believe if the bill became law as it risks from terrorism shall be brought I continue to hope that would be the is now written, we would end up with to a close? result, and if cloture is not invoked, I the Government permanently in the The yeas and nays are required under will try to get a consent that we just terrorism insurance business. I think the rule. The clerk will call the roll. take up these three or four amend- that would be a bad thing. The legislative clerk called the roll. ments and move to conclusion. So, ob- I urge my colleagues to vote no. Mr. REID. I announce that the Sen- viously, we would like to get this work The ACTING PRESIDENT pro tem- ator from California (Mrs. BOXER) and done, but it still has some problems pore. The majority leader. the Senator from Massachusetts (Mr. and some amendments that really do Mr. DASCHLE. I yield 2 minutes of KERRY) are necessarily absent. need to be considered. my leader time to the Senator from Mr. NICKLES. I announce that the With that, I yield the floor. Connecticut. Senator from North Carolina (Mr. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- HELMS) and the Senator from Texas pore. The Senator from Texas. pore. The Senator from Connecticut. (Mrs. HUTCHISON) are necessarily ab- Mr. GRAMM. I have 2 remaining min- Mr. DODD. Mr. President, very brief- sent. utes, I believe; is that right? ly, this is a 2-year bill. In fact, it is The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- only a 1-year bill with the possibility pore. Are there any other Senators in pore. The Senator is correct. of an extension of another 12 months. the Chamber desiring to vote? Mr. GRAMM. I yield those 2 minutes We are going to have a chance to de- The yeas and nays resulted—yeas 65, to Senator MCCONNELL. bate the Gramm amendment if we get nays 31, as follows: The ACTING PRESIDENT pro tem- to cloture. If we don’t have cloture, [Rollcall Vote No. 156 Leg.] pore. The Senator from Kentucky. then, as the leader has indicated, we YEAS—65 Mr. MCCONNELL. Mr. President, we are going to move on to the Depart- are very close to completing this bill. ment of Defense authorization bill. So Akaka Dodd Lincoln Allen Domenici Lugar By invoking cloture we are going to be if you want to have a debate about Baucus Dorgan McCain shut out of an opportunity to offer a what my colleague from Texas is pro- Bayh Durbin Mikulski few more amendments, just a handful posing or my colleague from Kentucky, Bennett Edwards Miller as the Republican leader has indicated, the only way to do this is to invoke Biden Feingold Murray Bingaman Feinstein Nelson (NE) that need to be considered. On the li- cloture. Breaux Fitzgerald Reed ability question, we have a clear letter We have been at this since last fall Byrd Graham Reid from the administration indicating trying to resolve these matters. My Cantwell Harkin Rockefeller hope is we can. If we don’t invoke clo- Carnahan Hatch Sarbanes that if we don’t deal with that prop- Carper Hollings Schumer erly, this bill will not become law. I do ture, then it is very difficult to get to Chafee Inhofe Smith (OR) not think any of us believe, at this al- these matters. We have the cloning Cleland Inouye Snowe ready late stage of the session, we issue and others that have been added Clinton Jeffords Specter Cochran Johnson Stabenow ought to be clogging up legislative to this debate, and it makes it very dif- Collins Kennedy Stevens days with exercises in futility. So there ficult to deal with the underlying Conrad Kohl Torricelli are a couple more amendments on the issue. Corzine Landrieu Warner I have indicated earlier that from the Crapo Leahy Wellstone liability issue that need to be voted Daschle Levin Wyden upon. AFL–CIO to major groups in the coun- Dayton Lieberman I strongly urge our colleagues to vote try that are dealing with commercial NAYS—31 against cloture and then let the Repub- lending they tell you this is an impor- tant piece of legislation. Every day we Allard Gramm Roberts lican leader and the Democratic leader Bond Grassley Santorum talk about how we can wrap this bill up waste is jobs lost and more economic Brownback Gregg Sessions in short order. difficulty. So my hope is we can invoke Bunning Hagel Shelby The ACTING PRESIDENT pro tem- cloture, debate the Gramm amend- Burns Hutchinson Smith (NH) Campbell Kyl Thomas pore. Does the Senator yield back his ment, debate the amendment of my Craig Lott Thompson time? friend from Kentucky and others, and DeWine McConnell Thurmond Mr. GRAMM. How much more time resolve this matter. Either vote for Ensign Murkowski Voinovich do we have? this bill or vote against it, but let’s get Enzi Nelson (FL) Frist Nickles The ACTING PRESIDENT pro tem- it completed. pore. One minute. I yield back my time. NOT VOTING—4 Mr. GRAMM. Let me address for that CLOTURE MOTION Boxer Hutchison 1 minute the whole issue about reten- The ACTING PRESIDENT pro tem- Helms Kerry tion. When we started this debate, the pore. Under the previous order, the The PRESIDING OFFICER (Mr. NEL- Federal Government was going to be clerk will report the motion to invoke SON of Nebraska). On this vote, the the backup insurer. We were going to cloture. yeas are 65, the nays are 31. Three- have substantial retention by the pri- The legislative clerk read as follows: fifths of the Senators duly chosen and

VerDate 11-MAY-2000 02:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.009 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5647 sworn having voted in the affirmative, Government paid only in cataclysmic stantial, over $1 billion. For small com- the motion is agreed to. kinds of circumstances. panies, that retention is quite small, in Mr. DODD. Mr. President, I ask unan- In the fall of last year, we reached a the tens of millions of dollars. imous consent that our two colleagues bipartisan compromise that was There are two problems with the bill from Michigan be recognized to speak worked out among the leaders of the before us which is based on the Decem- as if in morning business for a period Banking Committee, the committee ber draft. The first problem is, the situ- not to exceed 10 minutes on a very im- with jurisdiction. That bill had a $10 ation is very different today than it portant matter to the State of Michi- billion retention the first year for the was in December. Those policies did ex- gan. insurance companies, $10 billion the pire, and many were renegotiated at Mr. REID. Mr. President, reserving second year, and then, if the Secretary substantially higher premiums. It is the right to object, I ask the Senator of the Treasury decided a third year now 7 months later. Insurance has been from Connecticut to modify his request was needed, we had a $20 billion reten- sold. Premiums have been collected. so that this time will count against tion. Those premiums are based on substan- postcloture time. What ‘‘retention’’ means is that the tially higher risk with no government Mr. DODD. I so modify the request. insurance companies would pay the backup. Now we are being asked to The PRESIDING OFFICER. Without first $10 billion, and then the Federal pass a bill that maintains those reten- objection, it is so ordered. Government would pay 90 percent of tion levels that might have made sense The Senator from Michigan is recog- the $90 billion that might follow. in December, when 80 percent of the nized. The argument that was made, from policies in the country were expiring Mr. LEVIN. I thank the Chair. the very beginning really, boiled down and there was no time for reinsurance (The remarks of Mr. LEVIN and Ms. to two points: One, that the people who or syndication. STABENOW pertaining to the submission were collecting the insurance pre- But in my opinion, to adopt this bill of S. Res. 287 are located in today’s miums should have first liability and 7 months later when substantial num- RECORD under ‘‘Submission of Concur- the Federal Government should be in a bers of policies have been sold at sub- rent and Senate Resolutions.’’) backup role. stantially higher prices, and those Ms. STABENOW. Mr. President, I The second argument was—and I higher prices are part of the solution— suggest the absence of a quorum. think it was the more dominant argu- I am not complaining about them be- The PRESIDING OFFICER. The ment; the more important argument, cause risks are higher—the point is, we clerk will call the roll. in my opinion—that our objective here are dramatically changing risk by hav- The assistant legislative clerk pro- is not simply to insert the Federal ing the Government pay 90 percent of ceeded to call the roll. Government permanently into the in- the claim above these retention levels. Mr. GRAMM. Mr. President, I ask surance industry. I have offered a compromise which unanimous consent the order for the I note to my colleagues that, unlike would split the difference, which would quorum call be rescinded. World War II, where, when the Japa- have individual company retention the The PRESIDING OFFICER. Without nese bombed Pearl Harbor, we knew first year, for the first 12 months after objection, it is so ordered. that war would end someday, and we the bill is signed into law. Then it Mr. GRAMM. Mr. President, I have a knew we would prevail, and we knew would go to a $10 billion industry re- markup with the members of the Bank- there would be a formal ceremony end- tention; and then if the President ex- ing Committee coming up. Given that ing that war—and, in fact, there was on tended the program 1 more year, it last vote, it is not my intention to try the deck of the Missouri—this war, would have a $20 billion retention. to offer an amendment. The amend- when it ends, will end with the dying Why is that important? It is impor- ment I wanted to offer, which was a 3- gasp of some terrorist somewhere, and tant for two reasons. One is equity. year program, would not be germane we will not be sure that he is the last These retention levels put the taxpayer postcloture because of the third year. one, and there will not be any formal at an unjustified risk. These low reten- I want to sum up what I believe to be agreement ending the hostilities. tion levels we have in this bill create a the chronology of this debate and ex- So our objective here is to build a situation where policies were sold; pre- press my concerns. bridge to private coverage. That bill miums were collected; expectations Senator MCCONNELL and I will offer was agreed to in the fall by the Sec- were that there would not be a Federal amendments if the House bill is retary of the Treasury on behalf of the backup. And now the Federal backup is brought up in an effort to substitute President and by the leadership of the coming in at individual company re- this bill for it, and potentially on the Banking Committee. tention levels which are substantially naming of conferees. But I think, in We agreed in that to ban punitive lower than the level we looked at in terms of today and this bill, it is clear damages against the victims of ter- October of last year. where the votes are. rorism. We had a press conference. It This creates an unintended transfer Let me remind my colleagues that in looked as if we had come up with a bi- of risk from the insurance companies the wake of 9–11, there was great skep- partisan consensus. Then there was ob- to the taxpayer, where the insurance ticism in Congress about the need for jection to the ban on punitive damages companies have collected premiums terrorism insurance. I think any against the victims of terrorism, and based on bearing that risk themselves. checking of the RECORD will show that the bill did not go forward. That is an equity problem. We are I was one of the early supporters of an Then in December, in a last ditch ef- putting the taxpayer at a level of expo- effort to have terrorism insurance. I fort, in which I am proud to say I par- sure which is unjustified. believed then and I believe now that we ticipated, we tried to write a bill that The second problem is of greater im- need a bridge from our current situa- would deal with a situation where, we portance. If we simply are passing a tion where terrorism insurance is hard were already halfway through Decem- bill that transfers wealth from the tax- to get for high-profile projects, where ber; 80 percent of the insurance policies payer to insurance companies, it is in- it is expensive as we go through this in America—at least we were told at equitable, in my opinion, at the level process of rational investors deter- the time—were expiring on January 1, we are doing it. But it is not the end of mining what the real risks are. and so there would not be time for re- the world, nor is it the first or last I thought it was important we have a insurance to develop. There would not time we would have ever done any such bridge program to give a Federal be time for extensive syndication, a thing. The problem is, the way the bill backup for a fairly short period of time basic procedure whereby an insurance is now written, for the next 2 years, the until the market could adjust to this company would insure the Empire incentive that insurance companies new reality and the threat of terrorism State Building but then perhaps would have to develop reinsurance—and rein- could be built into the structure of in- lay off the risk to 20 other companies. surance is a system whereby I sell a surance premiums. I have to say, in the In December, a bill was worked on policy on a building, but then I share entire debate over the bill, the role of that had individual company reten- that risk through a reinsurance system the Federal Government has been a tions. For the largest companies in the which is developed. I share the profits, role of a backup, where the Federal industry, that retention is pretty sub- but I share the risk. That way the risks

VerDate 11-MAY-2000 00:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.012 pfrm01 PsN: S18PT1 S5648 CONGRESSIONAL RECORD — SENATE June 18, 2002 end up being dispersed not just among ance pools to develop; 80 percent of the try to use up the Senate’s time. The all the insurance companies in Amer- policies in the country were going to Senate spoke on the cloture motion, ica but literally all the insurance com- expire on January 1. So in order to try and I am ready to pass the bill and ad- panies in the world. to accommodate that short timeframe, dress these issues some other day as we As that market develops, there is an- we agreed, or at least many were will- proceed in the process that ultimately other alternative called syndication ing to agree—the body never agreed— leads toward a bill. whereby companies insure an asset but to retention levels that were dramati- The PRESIDING OFFICER. The Sen- then they syndicate by having other cally lower. ator from Connecticut. companies take a piece of it. They in I know nobody knows what ‘‘reten- Mr. DODD. Mr. President, the Sen- essence become the reinsurer. tion’’ means. It means the Government ator from Texas and I, despite our dis- Why is all this important? Why pays sooner and more. agreement at this particular moment, would anybody care about all these That may have made sense in Janu- are very good friends. We both serve on things? Why I care about it is because ary, but it does not make any sense at the Banking Committee, and there is, if we don’t have substantial industry the end of June when insurance poli- as he points out, a very important retention, we are dramatically reduc- cies have been sold and premiums have markup occurring. ing the incentive for the reinsurance been collected based on no Government So I might get an understanding of market to develop. If we don’t have backup. So the whole reason for the where we are, are there amendments substantial industry retention, we are lower retention levels in December has that will be offered to this bill, or can creating an incentive for companies to now passed. we go to third reading? take a larger share of risk because they What happened was, quite frankly, Mr. GRAMM. I am ready to go to are not having to bear the risk. the industry saw these lower retention third reading on the bill. I do not think They have their industry retention, levels in December and said: That is we are going to achieve anything by of- which for smaller companies can be in what we want; we do not want those fering amendments. I cannot offer the the tens of millions of dollars, and then higher retention levels we agreed to in amendment I would like to because it the Federal Government comes in and October; we want the lower retention brings in the third year, and it would pays 90 percent of the cost. levels. not be germane. At this point to offer If we don’t develop reinsurance, if we The problem is they only made sense an amendment would be to simply don’t develop syndication as the norm, in January. They do not make sense in delay something rather than to seek a then we simply continue a system June. My lament—and that is all it is constructive change. The thing to do is where the bulk of the risk is borne by at this point because it is clear from to go to third reading and pass the bill. the taxpayer. Two years from now, if the last vote that we are going to pass I would be willing to do it on a voice we don’t change this bill, we are going this bill—is that we are going to put vote. Then we will take it from there. Mr. DODD. Mr. President, I will take to be back here, and the same people the taxpayer at a much greater risk some time to respond to the comments who are saying today we have to have than is justified. of my colleague from Texas, and he It is amazing to me that in October, this bill are going to say: You have to raises not illegitimate concerns. extend this bill for another 2 years, an- the very people who thought the reten- I say to my colleague from Texas, we other 10 years, forever. tion level at $10 billion was too low have always known we were sailing in The problem with the structure of now are supporting retention levels uncharted waters. We have never done the bill is that it acts as a disincentive that are a small fraction of the $10 bil- anything like this. I would be the last to do the things the industry has to do lion retention we had agreed to in Oc- one to stand before my colleagues and in order to get the Federal Government tober. This creates tremendous in- say with absolute certainty what we out of the insurance business. equity for the taxpayer. It creates an proposed is going to work as perfectly I am not yelling; I am not com- unintended wealth transfer. I think it as we would like it to work. plaining about the insurance compa- is a problem, and I believe it should be My colleague from Texas raises some nies. I am not trying to put them in a fixed. legitimate questions, questions I really position where I am vilifying them. I The second problem is much greater, cannot answer because we do not abso- would say when we came out with our however, and that is we are reducing, lutely know what is likely to occur bill last October, there was great joy not eliminating, the incentive of the over the next 12 months or 24 months if and celebration in that the insurance industry to syndicate and to develop the bill is extended. I am not at this industry was going to have to bare a reinsurance, and in the process, I be- moment going to challenge it, in fact, $10 billion retention, but the Federal lieve we are taking a step toward hav- even on these assertions he has made. Government was going to pay 90 per- ing Government permanently in the in- At some point, I will respond to it in a cent of anything above that. surance industry. way that raises some concerns if we do It was my perception, in talking to I am not going to convince anyone not have retention caps, and it is a people, listening to people, that people else—I think I have convinced about 35 complicated matter for most Members thought that could be made to work. Members of that, and I think that is to understand what happens in light of Granted, there were people who wanted probably the high water mark. I am smaller companies that cannot nec- the Government to bear more of the not going to try to offer an amend- essarily withstand the kind of hits that risk. The point is, there was a percep- ment. I am ready to let this bill pass. could come with a major terrorist at- tion that this was something that But I will say that I still believe we are tack. There is an argument on the could be made to work. making a mistake. I still believe we other side of retaining what we have in Now we have a situation where the need to find something—we should go the bill. retention level has been reduced dra- back to the October retentions, but at I also make the point to my col- matically. If I were running an insur- the least we need something between league, which I have made repeatedly, ance company, I would want the reten- the two. we are going to go to conference with tion level to be zero. If I were running We will have an opportunity, if the the House. They have a different bill. an insurance company, I would want to House bill is brought up to amend it These are matters, clearly, that need sell the insurance, collect the pre- with this bill, to vote on punitive dam- to be brought up and thought about mium, and I would want the Govern- ages. The President has said he will not more, and we need to bring in people ment to pay the claims. So I never ex- sign a bill unless we deal with punitive who spend their lives working in this pect people to do what is not in their damages. We will have an opportunity area who can share with us responses interest. If you do that, you are going at some point to address these issues to these kinds of questions. Senators to be disappointed. again. But to continue to debate it deal on a matter such as this for a few But what has literally happened here today uses up Senate time. hours, and we do not really under- is that we wrote a bill in December for We should get on with the Defense stand—at least I do not, despite the an emergency situation where it was authorization bill. I have a markup in fact I represent a State with a large in- going to go into effect in less than 3 5 minutes on another issue of equal im- surance industry. These are very com- weeks. There was no time for reinsur- portance. As a result, I do not intend to plicated and arcane insurance matters.

VerDate 11-MAY-2000 00:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.015 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5649 The Presiding Officer was an insurance that the Senator from Connecticut will The bottom line for me is this: That commissioner in his State. He knows take a little time to do. I hope during under the present situation, billions of the matter, but even he has to say the next few minutes we can work out dollars of projects are not going for- these are complicated matters in light a unanimous consent agreement to ward, particularly in large economic of what has happened. have a vote on this bill sometime this concentrations, particularly in large I appreciate the spirit in which my afternoon, perhaps allowing the Sen- cities, none suffering more than my friend from Texas has made the sugges- ator from Connecticut to do the house- own. tion we get past this bill and go to con- keeping chores he has and to make The bottom line is this: Further bil- ference, but he has my commitment, sure there are no other amendments lions of dollars of refinancing is not oc- Mr. President, and my word that I do people wish to offer. curring, all because the uncertainty not consider this to be the final word; AMENDMENT NO. 3844 means that for an insured to offer a that we have work to do before we Mr. REID. Mr. President, what is the policy at all, they err on the side of come back. My colleague has made the pending business on this bill? caution and charge such high rates point, and I have made the point that I The PRESIDING OFFICER. The that there is a huge crimp on economic do not want to see this go on. I do not pending business is the Ensign second- policy. want the Federal Government to be in degree amendment to the Brownback If this happened because of some the insurance business. I want to make first-degree amendment. market phenomena, so be it; that is the sure we get off this as fast as we can. Mr. REID. Mr. President, I make a market. This is happening because of I, like him, am concerned that 2 point of order that the Brownback an untold, if you will, geopolitical phe- years may be unrealistic, but I also un- amendment No. 3843 is not germane. nomenon: This new world of terrorism derstand the tolerance level of my col- The PRESIDING OFFICER. The in which we live. Therefore, to look leagues. That number was chosen as point of order is sustained. The amend- simply from the prism of how much much for political reasons about how ment falls. Government involvement there ought much our institution would be willing Mr. REID. And with it falls the En- to be, without looking at the larger ef- to bear politically as it was over the sign amendment? fects on the economy that our prob- realities of what the marketplace is The PRESIDING OFFICER. That is lems since 9–11 have caused the insur- like in trying to cost this kind of a correct. ance industry—and it has ricocheted to Mr. DODD. Mr. President, I yield product. the economy as a whole. The fact is whatever time my colleague from New Getting to conference is helpful. We that the insurance industry was not York may consume. will work on these matters and hope- clamoring for this bill at all. They fully bring back a bill that is even im- The PRESIDING OFFICER. The Sen- ator from New York. were sort of happy to let the present proved from what we have before us situation continue for a while. today. Mr. SCHUMER. I thank the Chair. Mr. President, I first thank the Sen- It was really the banking industry With that, I am going to yield to the and, above all, the real estate industry distinguished majority whip and the ator from Texas for at least at this point—one never knows—seeing the which saw so many new projects go by leadership to determine what they the wayside that put pressure to make want to do. My colleague from New handwriting on the wall. Sometimes that handwriting seems to become an this bill happen. The insurance indus- York is here as well and may want to try, wisely, is going along with this, make comments, and then we can fig- invisible ink, but at least at this point we have seen that. but they were not the impetus post- ure out whether to have a recorded January 1 when they learned that they vote or take a voice vote on the bill. I wish to make a couple of points. could continue to be viable in terms of The PRESIDING OFFICER. The Sen- The Senator from Texas sees the bill their responsibilities to their share- ator from Nevada. one way, and I respect that, and that is Mr. REID. Mr. President, I first ask a the balance between private industry holders but perhaps not be viable in question of my friend from Texas with- and Government. Obviously, he has terms of the broader responsibility to out losing my right to the floor, and built a whole career on minimizing the keep our economy going and not give that is, the Senator from Texas would Federal Government role in every walk the terrorists a victory. not in any way object to the appoint- of life. It is a philosophy he espouses Therefore, yes, there is the age-old ment of conferees? with a great deal of integrity, intel- conflict between government and the Mr. GRAMM. We are not ready, Mr. ligence, and fervor, and he has been private sector. But something tran- President, to name conferees. I have to mighty successful at it, a little too scends that. That is the fear, the un- sit down with our people who have been successful over the last 20 years. certainty, that we all have. Those are involved in this debate and talk about However, there is another way to the classic times when Federal Govern- how we want to go about it. I would be look at this bill, and that is in our post ment involvement is more called for. willing to step aside today and let the 9–11 world. We are so uncertain of what In wartime, naturally, the Federal bill be passed, but in terms of bringing will be happening next: will there be Government has more say over our up a House bill or substituting this bill other terrorist incidents? How will economy. No one has ever fought that for it or naming conferees, we are they affect us? How many lives will be notion. We are in wartime, whether we going to have to have some meetings. lost? What should we do to protect our- have declared war or not. We all know Part of our problem this morning— selves now that we are in a totally it. Every time we hear a loud explo- and I understand in trying to run the brave new world? sion, even a car backfiring, people turn railroad that you have to set a time The bottom line is a simple one, I say around and ask, What is this? We are in schedule—we did not get an oppor- to my colleagues, and that is, our No. a different world. That happens eco- tunity to meet this morning—we being 1 one goal should be keeping the econ- nomically speaking, as well. Republicans—before we had this vote. omy on track during this brave new I say to my friend from Texas, this is It is just going to be essential that I world. If that means altering the bal- not simply the question, Should it be have an opportunity to sit down with ance between Government involvement the Government at 10 percent and pri- our people. and private involvement, so be it. vate sector at 90 percent? Certainly My suggestion is we go ahead and I do not want to see the insurance in- under these circumstances, the less pass the bill, and then we will have an dustry make unnecessary or excessive Government involvement, the better, opportunity to go to the Defense au- profit; no question about it. Under the does not apply because there are exter- thorization bill, and then we will have present situation, their profits are nal ramifications that go far beyond an opportunity to sit down and my col- quite large, and how much of that is the insurance industry itself. My friend leagues on the other side of the aisle due to terrorism insurance and how from Texas said we knew World War II will have an opportunity to sit down much of that is due to just the natural was over and that is why the Govern- and maybe something can be worked ebb and flow with the investments they ment would step in. They did not know out. make going down, so their rates go a week after Pearl Harbor was bombed Mr. REID. Mr. President, there are up—the opposite happened in the late that World War II would be over in some amendments, technical in nature, nineties—we do not know. 1945—the Japanese were overrunning

VerDate 11-MAY-2000 00:39 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.017 pfrm01 PsN: S18PT1 S5650 CONGRESSIONAL RECORD — SENATE June 18, 2002 the Pacific, and the Germans con- the people of New York and particu- others would allow us to go forward, trolled the European continent. All larly the people of New York City, the get a conference done, get a bill to the they knew was, for this country to sur- events of September 11 have a poign- President, and see if we can’t make a vive in a war setting, the Government ancy that the rest of the country un- difference for this bottleneck that has would have to be fully involved. derstands. occurred in our economy that makes it I urge my colleagues to look at this We deal with this issue of terrorism possible for the flow of commerce to on the merits, to not let a predisposi- insurance, and there is a tendency to occur as easily as it should as we try to tion of an ideological notion blur the get lost in the trees, be arguing about get back on our feet as a nation. view of what we have to do. I hope we whether the Government will be an in- So, again, I will respond more di- will move this bill quickly. surance company and how this will rectly at another time to the concerns I thank my colleague from Texas, work. Those are not insignificant ques- raised by the Senator from Texas about again, for understanding this bill tions. I know my colleagues believe the retention rates and the fear I would should move forward, even if he vehe- those are important issues. Sometimes have that, if we didn’t have some indi- mently disagrees with it. I thank all of we lose sight of the fact that there is vidual company retention rate caps, my colleagues, including the Senator an economic slowdown occurring and what that could do to the ability of from Connecticut, who has worked long people have a heightened sense of anx- smaller companies to actually be in and hard, along with the chairman of iety because of the events of Sep- the marketplace. This could end up our committee, Senator CORZINE, as tember that we did not have before. being just a bill that is good for four or well as my 17 Republican colleagues We may talk about the failure of the five insurance companies, and there are who made it clear they were going to intelligence community and the like, many out there that are not big but put the prosperity of our economy that may or may not be true, but cer- would like to be in this market, need above any ideological notion or notion tainly what was true was a failure al- to be in this market that could not af- of party. most of imagination that something ford to be in this market without hav- We are finally beginning to see the such as this could happen on our own ing some realistic caps on an indi- light at the end of the tunnel. We have shores. What we are trying to do with vidual company-wide basis. So there is a way to go. The Senator from Texas is this bill, and why the Senator from a strong argument for that approach one of the most skilled parliamentar- New York was so critically important that should not be lost on our col- ians around, and I guess he will have a in helping to put this together, is to leagues when that debate occurs. few other tricks up his sleeve. For the see if we can get back on our feet to When that does occur, we will make moment, I hope the bipartisan coali- offer our constituents a sense of con- the case and hopefully finish this bill. tion we put together which says if we fidence that, despite the events of Sep- Again, I thank my colleague from New do not do something and, frankly, if we tember 11, we are coming back and try- York. Mr. SCHUMER. If my colleague will do not increase the Federal role, not ing to do that in so many different briefly yield, again, I thank him, as I only will the insurance industry fal- areas. have before, for his leadership, for his ter—it may not; it is doing well—but, One critical area is the economy be- steadfastness. This is not an easy issue. more importantly, our economy will cause, in addition to what this may This is not one where you can go home stumble. That is something we cannot cost—God forbid our country is at- and make a stem-winder of a speech. It afford. That will be a victory for the tacked again—in terms of lives lost and is not a crowd pleaser, but it is nec- terrorists themselves. hardship suffered, is the cost in terms essary. His leadership on this has been I look forward to moving this bill, to of the price of premiums on insurance top of the line, and I thank him for it come to a conference where we can policies. Our Presiding Officer has and hopefully we can work together solve this problem, not just looking at raised legitimate concerns about that. and get a law. the balance between Government and We know that in the absence of this Mr. DODD. Mr. President, as I under- the insurance industry but, rather, the bill, the prices are apt to go much stand it, just to inform the Presiding broader effects on the whole wide econ- higher. In fact, I am confident they Officer, there will be a vote on this bill omy, and get something on the Presi- would. sometime a little later today. I know dent’s desk to help those who lost their One of the goals of this bill is to try there are some technical amendments jobs in the construction industry, to dampen down that demand for the that are being worked on right now to those in the projects that are not going increased price of these premiums so resolve those if we can. And then the forward, with all the uncertainty in our consumers, the owners of these leadership will set the time and the cir- the economy. Money is being sucked buildings, the people who rent, the peo- cumstances when that vote would out because insurance rates are going ple who work in these buildings, the occur. But my guess is it will be a lit- through the roof. So many in my city people who rent to open up shops and tle later in the day. In the meantime, and other cities need this bill quickly. the like, are going to have less of a I know there is some consideration Yes, the Senate has spoken. I hope it cost than they might have otherwise. about laying this bill aside temporarily will be allowed to speak by helping We have tried to fashion this in a and moving to another matter, pos- move legislation into law quickly. For way that will make it possible to occur sibly the Department of Defense au- our economic viability, we need it. without just setting a premium cost thorization bill. But I leave it for the I yield the floor. that would be outrageous. And so I am distinguished majority whip and the The PRESIDING OFFICER (Mr. NEL- grateful to the Senator from New York majority leader to make the announce- SON of Florida). The Senator from Con- and others who have made at least get- ments as to how we will proceed. But necticut. ting the bill out of the Senate possible, at this point I would assume that de- Mr. DODD. Before my colleague from and I second his concerns about wheth- bate on this bill, at least for the New York leaves—and we are heading er or not we can actually finish this up present, is over and we will have a re- in the same direction to the Banking and get a bill to the President that will corded vote on the underlying Senate Committee to deal with accounting re- allow us to complete this work. bill sometime later this afternoon. form which is being marked up today— As he has said, and I repeat, this is With that, I note the absence of a I express my gratitude to him and to about a 1-year bill, maybe a 2-year bill. quorum. Senator CORZINE, as well. It is conceivable someone may argue The PRESIDING OFFICER. The Obviously, the Senator from New we need a third year, 36 months, and I clerk will call the roll. York speaks about this issue of ter- would not argue too strenuously The assistant legislative clerk pro- rorism insurance with a voice that against that for all the obvious rea- ceeded to call the roll. adds a bit more clarity, if I may say so, sons. Mr. REID. Madam President, I ask than other Members. I am from a This is a very limited proposal to try unanimous consent that the order for neighboring State. We lost people in to jump-start this critically important the quorum call be rescinded. Connecticut, as were lost in the Pen- element in our economy. The longer we The PRESIDING OFFICER (Mrs. tagon and the airline that went down delay, the harder it is to do that. So CARNAHAN). Without objection, it is so in Pennsylvania, but particularly for my hope is the Senator from Texas and ordered.

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.020 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5651 HISPANIC EDUCATION cantly improve educational achieve- because right now, there are tens of Mr. REID. Madam President, we ment. thousands just like Alberto in Clark speak frequently of America’s security The legislation even had a catchy County—students who need to partici- needs and we do it with understanding. name: The No Child Left Behind Act. pate in the English Language Learners It is important to understand, though, Unfortunately, though, President Bush Program if they are to have any hope that the strength and security of our has not backed up his rhetoric with the of achieving the American dream. Nation requires more than bombs and resources our children need. Just 1 It is estimated there are 40,000 stu- bullets and our brave men and women month after signing educational reform dents just like Alberto. By the 2004– in uniform. The future of our great into law, the so-called No Child Left 2005 school year, there will be almost country will be determined by our chil- Behind Act, he proposed a budget to 90,000 who will need these services. I dren and our grandchildren, and their cut almost $100 million in funding for cannot understand why, at a time when futures in turn will be shaped by the the No Child Left Behind Act. To high- our Nation needs to support education education they receive today. light the impact of the Federal budget, more than ever, our President wants to So what is a higher priority for for example, on Nevada’s schools, I freeze funding for English Language America than educating our children hosted an Appropriations Committee Acquisition and Bilingual Education and making sure all children have the field hearing in Las Vegas this spring. Programs. tools and opportunity to succeed? We heard compelling testimony about Nevada also has the Nation’s highest In the future, classrooms and com- programs that have worked and pas- dropout rate. It is nothing I am proud munities all across America will re- sionate appeals for continued support. of, but it is a fact. One out of every 10 semble those we already see in the I, for one, will do all I can to restore high school seniors in Nevada drops out State of Nevada where students from funding for successful educational pro- of school. This does not count those racial and ethnic minorities comprise grams that President Bush wants to who dropped out before they even got an increasing percentage of the school cut. My Democratic colleagues will to high school. The Dropout Prevention Program, population. The Presiding Officer join with me in this effort. which was authorized as part of the No knows about which I speak, being from The Secretary of Education con- Child Left Behind Act, which was the State of Florida which is diverse in ducted townhall meetings in Las Vegas pushed strongly by Senator BINGAMAN nationalities, ethnic groups, religions. shortly after our hearing—actually and me, is the only Federal educational It is a State of great diversity, as is north of Las Vegas—as part of the President’s Commission on Education program specifically targeted to drop- Nevada. outs. The Hispanic community suffers This is new in Nevada. It has been Excellence for Hispanic Americans. from a persistently high dropout rate, longstanding in Florida. Nevada’s I am pleased Secretary Paige visited higher than any other ethnic group. schools now serve a large and rapidly Las Vegas so he could learn about the Yet the President wants to eliminate growing number of Latino students, in- challenges that teachers and students face. While the entire Nation is strug- this dropout prevention program. cluding many with limited English lan- It is the only program, I repeat, that gling with overcrowded classrooms and guage proficiency. The Clark County deals with dropouts. I hope he will re- teacher shortages, these problems are School District, Las Vegas, is the sixth consider the administration’s plans to particularly severe in Nevada, the fast- largest school district in America, with eliminate a program of such great im- est growing State in the country. about 240,000 students. Over 25 percent portance for youth across America, in- At the hearing that I held, one of the of those students are Hispanic, and we cluding Hispanic students who already witnesses was a young man by the support programs that provide all stu- have a high risk for dropping out of name of Alberto Maldonado. This was a dents the resources they need. There- school. fore, we must keep in mind the edu- hearing of the Appropriations Com- There is another program called the cational needs of Hispanic children. mittee. Alberto was born in Mexico GEAR UP program which supports They have special needs in many in- City and moved to Las Vegas when he early college awareness for low-income stances. was 15 years old. At age 15, he did not youth starting in middle school and My Democratic colleagues and I will speak a word of English, and he was helps them complete high school and host our third annual Hispanic Leader- mainstreamed into the schools. He en- enter college. Over one-third of the stu- ship Summit this week. We have in- rolled in the 10th grade at Las Vegas dents in the GEAR UP program are vited 100 Hispanic leaders from across High School. Hispanic. the country to share their ideas and On the first day of school, Alberto This program is critical for Hispanic work together on key issues facing the was terrified. He walked into the students who are more likely than any Hispanic community. Certainly edu- school not understanding a word of other students to drop out of high cation will continue to be a top pri- English or certainly much of our cul- school and, consequently, less likely ority for the Democratic caucus. ture. He now recalls with gratitude, he than others to attend and complete Health care, jobs, the economy, im- testified, the names of his teachers in college. Again, I have a hard time un- migration, and civil rights will also be his English Language Learners Pro- derstanding how, as our Latino popu- among the priorities on our agenda, gram and how they influenced his life. lation continues to increase, the Presi- and we will speak about these subjects Ms. Hernandez and Ms. Williams dent wants to freeze funding for yet an- with Hispanic leaders who will come to taught him English words and sentence other program that is critical to the Washington this week. construction. Mr. Luna helped him long-term success of Hispanic Ameri- Though education is viewed as a local learn about English culture, and Ms. cans. But this is yet another example issue because most decisions are made Monroy helped him learn to write of saying the right thing without pay- by local leaders, school boards, prin- English and to read advanced mate- ing for it. cipals, teachers and parents, the Fed- rials. The No Child Left Behind Act pro- eral Government should and does play Just 1 year after this young man, vides a blueprint for educational re- an important role in helping to educate who could not speak a word of English, form. Real reform cannot occur with- our youth. enrolled in his new school, he passed out real resources. Without adequate Congress and President Bush agreed the Nevada High School Proficiency funding, it is reform in name only. last year to work together to improve Examination in reading, writing, and That is not enough. We can do better. the quality of education in America’s mathematics. In his senior year, he We must do better. public schools. We worked in a bipar- served as vice president of the Student I suggest the absence of a quorum. tisan manner to reauthorize the Ele- Organization of Latinos. After grad- The PRESIDING OFFICER. The mentary and Secondary Education Act uating from Las Vegas High School, clerk will call the roll. and passed a strong educational reform Alberto attended community college The senior assistant bill clerk pro- program that requires States to set and went on to work with mentally and ceeded to call the roll. high standards for every student and physically challenged children. Mr. REID. Madam President, I ask strengthen Federal incentives to boost He is a bright young man, and the unanimous consent that the order for low-performing schools and signifi- reason I am sharing his story today is the quorum call be rescinded.

VerDate 11-MAY-2000 03:47 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.023 pfrm01 PsN: S18PT1 S5652 CONGRESSIONAL RECORD — SENATE June 18, 2002 The PRESIDING OFFICER. Without executives played fast and loose with managers from breaking the law. The objection, it is so ordered. the law. And we have heard how ordi- rule for lawyers that the SEC promoted f nary employees and shareholders can was simple: If you find out managers lose their life savings when millionaire are breaking the law, you tell them to TERRORISM RISK INSURANCE ACT managers break the rules. stop. And if they won’t stop, you go to OF 2002—Continued For the most part, the public has fo- the board of directors, the people who Mr. REID. Madam President, I ask cused on the role of the managers and represent the shareholders, and you unanimous consent that at 4:30 p.m. the accountants in allowing this kind tell them what is going on. the bill now before the Senate be read of misconduct to happen, and of course After promoting the simple principle the third time and the Senate vote on that is critical. that lawyers must ‘‘go up the ladder’’ final passage, without intervening ac- But the truth is that executives and when they learn about misconduct, the tion or debate, with the 30 minutes accountants do not work alone. Wher- SEC gave up the fight. They gave up prior to that vote equally divided be- ever executives or accountants are at the fight in part because the American tween Senators DODD and GRAMM, or work in America today, lawyers are Bar Association opposed their efforts. their designees, and paragraph 4 of rule looking over their shoulders. And if the In my view, it is time for the ABA XII being waived. executives and accountants are break- and SEC to change their tune. Today I The PRESIDING OFFICER. Without ing the law, you can be sure part of the am sending a letter to the Chairman of objection, it is so ordered. problem is that the lawyers aren’t the SEC, Harvey Pitt, asking him to Mr. REID. Madam President, there doing their jobs. The findings of the renew the SEC’s enforcement of cor- are a number of Senators who have ex- jury in the Andersen case only high- porate lawyers’ ethical responsibility pressed a desire to offer amendments. light the role of lawyers in American to go up the ladder. We are anxious to have them come for- business today. In answer to a petition from 40 lead- ward. For example, Senator SPECTER I know from personal experience ing legal scholars, the SEC has already can come anytime he wants, except be- what the responsibility of a lawyer is. signaled that it probably will not take tween 12:30 and 2:15, to offer his amend- I was proud to practice law for 20 up the challenge I am talking about. I ment. We look forward to that. If other years. I was proud to fight for my cli- believe that is wrong. If Mr. Pitt re- Senators wish to do the same, the floor ents, regular people who had been sponds to my inquiry by saying that is open for those Senators. wronged by powerful interests. When I the SEC plans to do nothing, then I be- I say to my Republican colleagues, took on a client, I recognized my duty lieve we will probably need to move in this is the efficient way to do business. to that client: to represent him or her this body to impose the limited respon- We know it was a tightly contested zealously, but to do so within the lim- sibility I have discussed. vote to obtain cloture. Senator GRAMM its of the law. I ask unanimous consent that the did the right thing in saying we will The lawyers for a corporation—the full text of my letter to Mr. Pitt be try to do things in conference or at lawyers at an Enron, for example—they printed in the RECORD. some later time. This will expedite get- have different kinds of clients from the There being no objection, the letter ting to the Defense authorization bill, clients I had. But they have the same was ordered to be printed in the which is so important for the country, basic responsibility: to represent their RECORD, as follows: something that the President and Sec- clients zealously, and to represent U.S. SENATE, retary Rumsfeld have said time and them within the limits of the law. Washington, DC, June 18, 2002. time again we need to do. We will do My concern today is that some cor- Hon. HARVEY PITT, that. The bill, the Defense authoriza- porate lawyers—not all, but some—are Chairman, Securities and Exchange Commis- forgetting that responsibility. sion, Washington, DC. tion bill, should have adequate time to DEAR CHAIRMAN PITT: I am writing to you have a full and complete debate. It is Let me get a little more specific. If about the responsibilities of lawyers under always a bill that is controversial, just you are a lawyer for a corporation, the federal securities laws. because of its nature and the size of it your client is the corporation. You In the wake of the Enron scandal, the pub- in dollars. It is something we will get work for the corporation and for the lic has focused on the role of accountants in to and complete before the July 4 re- ordinary shareholders who own the cor- maintaining the integrity of our free market cess. poration. That is who you owe your system. In my view, it is time to scrutinize loyalty to. That is who you owe your the role of lawyers as well. When corporate I suggest the absence of a quorum. managers are engaged in damaging illegal The PRESIDING OFFICER. The zealous advocacy to. conduct, the lawyers who represent the cor- clerk will call the roll. What we see lawyers doing today is poration can sometimes stop that conduct The assistant bill clerk proceeded to sometimes very different. Corporate simply by reporting it to the corporate board call the roll. lawyers sometimes forget they are of directors. Yet lawyers do not always en- Mr. EDWARDS. Madam President, I working for the corporation and the gage in such reporting, in part because the ask unanimous consent the order for shareholders who own it. lawyers’ duties are frequently unclear. While the quorum call be rescinded. Instead, they decide they are work- the lawyers’ inaction may be good for the in- The PRESIDING OFFICER. Without ing for the chief executive officer or side managers, it can be devastating to the the chief operating officer who hired ordinary shareholders who own the corpora- objection, it is so ordered. tion. Mr. EDWARDS. Madam President, them. They get to thinking that play- The American Bar Association’s Model are we in morning business? ing squash with the CEO every week is Rules of Professional Responsibility have The PRESIDING OFFICER. We are more important than keeping faith not recognized mandatory and unambiguous not. with the shareholders every day. So rules of professional conduct for corporate Mr. EDWARDS. I ask unanimous the lawyers may not do their duty to practitioners, and rules at the state level are consent I be allowed to speak for up to say to their pal, the CEO, ‘‘No, you varied and often unenforced. During the 1970s cannot break the law.’’ and 1980s, as you know, the SEC instituted 7 minutes as in morning business. proceedings under Rule 2(e) (now rule 102(e)) The PRESIDING OFFICER. Without In my view, it is time to remind cor- to enforce minimum ethical standards for objection, it is so ordered. porate lawyers of their legal and moral the practice of federal securities law. The f obligations—as members of the bar, as SEC has since stopped bringing these types officers of the courts, as citizens of this of actions. On March 7, 2002, forty legal THE ETHICAL RESPONSIBILITY OF country. scholars wrote a letter to you suggesting, LAWYERS AFTER ENRON The American Bar Association ought among other things, that the Commission re- Mr. EDWARDS. Madam President, I to take a leading role here, something quire a lawyer representing a corporation in want to say a few words about the re- they have not done thus far. securities practice to inform the corpora- sponsibilities of lawyers in corporate The Securities and Exchange Com- tion’s board of directors if the lawyer knows the corporation is violating the Federal se- America. mission has an essential part to play as curities laws and management has been noti- In recent weeks we have learned well. For some time, the SEC promoted fied of the violation and has not acted about high-flying corporations that the basic responsibility of lawyers to promptly to rectify it. In a March 28, letter, came crashing to the ground after top take steps in order to stop corporate your then-general counsel, David M. Becker,

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.026 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5653 indicated that, absent congressional action, For 33 years, Richard played a lead- hands of a good oncologist, it is his or her the SEC would leave this matter to state au- ing role in understanding the biological job to fret. If you find that you are second- thorities. basis of mental illness. His work pio- guessing him on big issues, you have the It seems to me that a lawyer with knowl- neered the view that Schizophrenia is wrong person. Your job is to concern your- edge of managers’ serious, material, and self with the small things. It also helps to unremedied violations of federal securities not the result of bad parenting or frail- find a treatment facility that makes you feel law should have an obligation to inform the ty of character, but it is due to a secure. I was treated at Johns Hopkins. The board of those violations. Particularly in diagnosable and treatable disorder of doctors, as I expected, were superb. And one view of the uncertainty surrounding current the brain. This creative understanding cannot say enough about the quality of the ABA and state rules, my view is that this ob- of the basis of brain disease led to new nursing care at Hopkins. Everyone, including ligation should be imposed as a matter of treatments with antipsychotic medi- the housekeepers, takes pride in their work. federal law or regulation. Recognition and cines easing the burden of the disease. Finally, as you know from the adage, a enforcement of this important but limited In addition, Richard and his wife, Dr. doctor who is his own doctor has a fool for a obligation could prevent substantial harms patient. In short, despite the temptation, do to shareholders and the public. Kay Jamison, worked to end the stig- not try to compete with your doctor. How to I would appreciate receiving your answers ma attached to mental diseases. Rich- choose an oncologist: Carefully. Most people to the following two questions at your ear- ard focused on research and the bio- have no basis for choosing a specialist other liest convenience: logical effects of Schizophrenia. Kay than the recommendation of their internist 1. Absent further congressional action, wrote books about her personal strug- or family physician. In most cases this does the SEC plan to act to enforce a min- gles with depression and how to over- works well. My internists are superb, and imum standard of professional conduct for come it. Together, they co-produced a they could not have been more helpful at a lawyers in securities practice along the lines series of public television programs number of important stages of my care. But I have suggested? they have only a limited number of people 2. If your answer to the preceding question that provided information on manic de- they know well enough to make referrals to. is no, would you be willing to assist me in pression. All of their efforts helped to The local oncologist is unlikely to have carefully crafting legislation to impose this raise public awareness of brain dis- treated Burkitt’s lymphoma or other un- duty on lawyers? orders. usual cancers, and even if he has some expe- I look forward to hearing from you. Not only did Dr. Wyatt receive praise rience, it is likely to be slim. And he won’t Yours Sincerely, for his work on mental health, but he have the support team to deal with the many JOHN EDWARDS. complexities that will arise. was a strong and courageous individual You want to be at an academic center f who fought a lifelong battle with can- where there is a great deal of experience, and RECESS cer. In a letter to a friend diagnosed where nobody does anything without it being with cancer, Dr. Wyatt candidly dis- questioned. The local oncologist can work The PRESIDING OFFICER. Under cussed his experiences and shared his with the academic oncologist, particularly if the previous order, the Senate stands insights into overcoming this disease. there is a geographic distance involved. The in recess until 2:15. Mr. President, I ask for unanimous question I would ask, probably of the local Thereupon, the Senate, at 12:30 p.m., consent that the February 13, 2001, oncologist, is, ‘‘Who would you ask to treat recessed until 2:15 p.m. and reassem- Washington Post article entitled, your family member if he or she could go bled when called to order by the Pre- anywhere in the country?’’ ‘‘Words to Live By’’ be printed in the Do not be shy about this, and do not worry siding Officer (Mr. BAYH). RECORD following my remarks. I be- about offending your doctors by asking such The PRESIDING OFFICER. The Sen- lieve this article is truly inspiring and questions. This may be among the most im- ator from Nevada. exemplifies the qualities of this ex- portant questions you ever ask. f traordinary individual. As an aside, when I went out to Stanford for my Hodgkin’s treatment, the radiation ORDER OF PROCEDURE The PRESIDING OFFICER. Without objection, it is so ordered. oncologist there said he could do better than the other people I was considering when I Mr. REID. Mr. President, I ask unan- (See exhibit No. 1.) imous consent that the vote now sched- asked him this question. The other Mr. DOMENICI. From myself and my oncologists I was considering were as good as uled for 4:30 be set at 4:45 today, with wife, Nancy, we wish to express our they get. But the Stanford doc turned out to the remaining provisions of the unani- heartfelt condolences to Richard’s be one of the best physicians I have come mous consent agreement in effect. friends and family. To his wife, Kay, we across. His well-placed self-assurance prob- The PRESIDING OFFICER. Without send our greatest sympathies for the ably saved my life. objection, it is so ordered. loss of your husband, and we thank you Protect your veins. This is one of those The Senator from New Mexico. for your work as well. Dr. Wyatt’s small things I told you that you should Mr. DOMENICI. Mr. President, I ask worry about. Think of every venipuncture as strength of character, and his compas- a nosebleed where you must apply contin- unanimous consent that I may proceed sion and work on behalf of the men- uous pressure to the puncture wound for five for 5 minutes. tally ill will truly be missed. minutes, even though the person drawing The PRESIDING OFFICER. Without EXHIBIT NO. 1 your blood will want to just put a bandage objection, it is so ordered. [From the Washington Post, Feb. 13, 2001] on it. Your arm will soon enough look like a maple tree in the fall, but there is no need to f WORDS TO LIVE BY hurry the seasons. Try to get as much out of IN MEMORY OF DR. RICHARD J. Drawing on knowledge born of hard experi- a single needle stick as possible. If you are WYATT ence, Washington psychiatrist Richard J. going to need blood drawn twice in the same Wyatt penned this personal note of advice day, a device (a heparin lock) can be left in Mr. DOMENICI. Mr. President, it is after a close friend and fellow physician was your arm which will prevent the need for a with great sadness that I rise today to diagnosed with cancer. A cancer veteran second sick. And start squeezing rubber remember a man who played such an himself, he underwent two years of aggres- balls. My arm veins have never been better. important role in mental health. I sive radiation and chemotherapy to fight A bad hair year. I have noticed that nei- would like to make a few remarks to Hodgkin’s disease in his thirties. When at ther of us has high-maintenance hair. As far honor Dr. Richard J. Wyatt, a friend of age 60 he was diagnosed with Burkitt’s as I’m concerned, the only reason for having lymphoma, he withstood another course of hair is to keep our heads warm. (If I were a mine and my wife and my family and a chemo and a bone marrow transplant. Since distinguished advocate for the men- woman, I might feel differently.) You have he wrote the letter, he’s begun a third fight— the wisdom to live in a warm climate, but tally ill. this time against lung cancer. In the letter’s when it does get cold, wear a hat. One of my On Friday, June 7, 2002, the mental introduction, he voices the hope that the fellow patients tied a bandanna around his health community lost an inspirational ‘‘battle-won knowledge’’ he offers here ‘‘will head, which I thought looked pretty snazzy, researcher and leader in the field of help others facing this difficult journey.’’ but because of some medication-induced mental health to a long battle with DEAR JIM, I wouldn’t have the audacity to numbness and tingling in my hands, I was cancer. Throughout his career, Dr. write this if I hadn’t fought cancer three having enough trouble with buttons and Wyatt received numerous awards and times myself. But maybe you’ll find the fol- shoelaces. lowing advice helpful. I also offer the com- And there are some major benefits to hair honors and was highly respected among forting and indisputable fact that I am here loss. If all goes well, you have many months his colleagues. He served as the chief of today to offer it. of not shaving. Just think of Yul Brenner the Neuropsychiatry Branch at the Na- Try not to sweat the big things. Once you and Michael Jordan. And James Carville. tional Institutes of Mental Health. have made the decision to put yourself in the You will not be experiencing the radiation I

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.003 pfrm01 PsN: S18PT1 S5654 CONGRESSIONAL RECORD — SENATE June 18, 2002 received for Hodgkin’s disease. It burned up aged. Of these, I like the idea of marijuana ment last year was fairly pain-free. The a lot of me. Twenty-seven years after my ra- the best, but it is illegal and, despite a real problem with opiates, which I enjoy other- diation treatments, I still do not have any effort under a porch when I was 14, I never wise (do not pass up a shot of Demerol if you inconvenient sweat glands. I can wear my learned to inhale. No matter what I have are going to need a biopsy or surgery), is shirts for weeks without any telltale signs. tried, I find I am as good at pushing food that they are constipating. Do not allow And since both of us are academics, not one around a plate as I was when I was a child. yourself to get constipated. Colace and sena will notice the wrinkles. Dry mouth. You will have it. Ice chips work pretty well, but if you start getting Get your finances in order. Make sure ev- work well. A great gift was a Chap Stick. I bottled up, enemas (yuck!) have worked well erything is in one place where your wife can have used it to its nubbins and it is the only for me. Fleet’s or its generic equivalent has find it, and in a form she can understand. I one I never lost. done the trick on a number of occasions. It’s note that the night before Sen. John McCain Amusement. Get a comfortable lounge probably a good idea to have several around had surgery for his melanoma, he said that chair for home, a high wattage light for the house. Just don’t leave them in the liv- his wife, Cindy, was going through their in- reading and a good TV videotapes. These ing room or where the dog can get at them. surance policies. It got a laugh, but she was should not be in the bedroom (see below). Invisible shield. After chemotherapy, your right. I have all my financial papers in a The best gifts I received during this time chance of developing shingles will be pretty black three-ring notebook in plain sight, and were books on tape, so you will want a good high (assuming, of course, that like most I update it pretty often. Visit your account- headset and tape player. If you have not al- people our age, you have had chickenpox). ant to see if you are over the limits you can ready done so, start with Harry Potter. There are now several antiviral agents avail- leave a spouse and kids without it being Apparently, flowers attack you when your able which, if started with the first symp- taxed. Wills, powers of attorney and so forth immune system is down, so somehow you toms, can greatly reduce the amount you are a must. Do not forget your friends. have to figure out a way to discourage will suffer from this scourge. Unfortunately, Nausea and vomiting. This time the chem- friends from sending those large ‘‘get well by the time you recognize the symptoms, de- otherapy is mild and fairly innocuous. Even soon’’ bouquets. Our cleaning lady got a lot scribe them to your doctor, get a prescrip- a year ago, despite undergoing rather rig- of beautiful hand-me-down roses in the last tion, have that prescription approved by orous treatment, I had very little nausea or year. They come pretty much only in the be- your HMO or insurance company and get the vomiting—a big difference from 27 years ago. ginning, so she has no conflict of interest in drug at your pharmacy, several days or more Today there are good medications to prevent seeing me get better. will have passed. nausea and vomiting. Most of the time last Chivalry, sex and movies. Have a place you Aware of this problem, I asked my physi- year I got an IV dose a few minutes before can go at 2 a.m. when you cannot sleep and cian to write a prescription before the symp- receiving the day’s medications. The pill do not want to disturb your wife. You may toms developed. My insurance company has form also worked well, even when they were want to subscribe to an extra movie channel. been fairly generous throughout my illness, dumping Drano directly into my cerebral In the early hours of the morning, you can but it took more than two weeks for them to spinal fluid. Burkitt’s cells are apparently never be sure what will pop up on cable TV, send the drug. It came a week before my scoundrels: If there allowed to, they hide in but the porn flicks went to waste—I, at least, symptoms developed. the brain. lost any libido I might have had left. If you want to know how worthwhile this I think you will want to start the pill form My wife has been great about renting mov- exercise was, consider this. When I had Hodg- of anti-nausea medication about an hour be- ies, and we usually have a large stack at kin’s disease, shingles got the better of me fore treatment, and take it about every eight anyone time. Make the most of whatever you for many weeks; it was on both sides of my hours for the next 24 hours. Your anti-cancer can of political coverage and hope for a good body and spread vertically across all my drugs may sit in the body longer than the scandal. My bout with Hodgkin’s coincided ribs. I still get pain in these areas every win- ones I received, but I think most of them set with the Watergate hearings. Few people ap- ter when I go out into the cold. But this on their target receptors within a few min- preciate Richard Nixon like I do. A year ago time, just one rib was involved. And it itched utes. I had John McCain and his exciting cam- more than it hurt. I think I may be left with An aside about spinal taps: If you need to paign. Actually, I suggest starting some sort a small residual seven months later, but it is have one, to prevent headaches, remember to (any sort) of rumor about one of our current trivial. I have read that adding small doses lie on your back for two or more hours after or former Washington luminaries. How about of the antidepressant amitriptyline [Elavil] each tap. Out of nine spinal taps, I had only something involving a randy act with one of to the antiviral agents helps prevent the one mild headache, but it did last about a the baby pandas at the zoo? Root for the ab- post-shingles pain. week. surdities of another Ken Starr, Bob Barr . . . The sporting life. To the degree you can, Although by previous standards there was the list is long. exercise. It may not be possible at first. But essentially no nausea or vomiting, I rec- Sleep. With the permission of your doctor, as soon as you feel up to it, give it a try, ommend carrying a purple surgeon’s glove in have a supply of sleeping pills on hand. I even if you only walk around the block. (Be- your pocket at all times, just in case. I am have always used Valium because it has been lieve me, the first time you complete this not sure why all the gloves have suddenly be- around the longest. Because it is now off pat- herculean task, you will be very impressed come purple, but Barney seems to have had ent, it is also cheap. I buy one large bottle with your physical prowess.) a pervasive influence. I had to use the glove every 10 years. I think you said you like I still try to get on the treadmill every only once, but it saved my wife’s car from Ambien. Let me warn you that in the last day, as I have done most of my life, even if that indelible stink. Since you have had few years I have seen two people, although the workout isn’t what you would call hercu- much less practice and therefore probably do older than us, become pretty goofy on lean. The only time I missed it recently was not have my Olympic-quality aim, you Ambien. You might warn your wife about a two-week period last month when I con- might want something larger than a sur- your potential for goofiness, because it is a tracted pneumonia and hadn’t yet responded geon’s glove. Think leaf bag. little hard to assess on your own. to antibiotics. Tastes and foods. I developed strong aver- Thinking. By the way, I am not sure most Before my latest cancer diagnosis, I got sions to many foods and tastes I normally oncologists realize the extent of it, but the shoved out of bed every morning to be at the like. One of the most surprising was my sud- anti-cancer drugs affect one’s cognition. The gym by 6:15. Mostly, while there, I was too den dislike of chocolate. I have since learned change is subtle and you will probably be the out of breath and my pulse too rapid to do that this reaction is quite individualized. I only one who knows it has occurred. This is anything but read the newspaper, but I got think I almost drove my wife to murder de- not the time to expand your ideas on super- on the treadmill every day even if I had to manding that my food be prepared in specific string theory. hold onto the rails for balance. I think the ways and then rejecting it. Nor is this some- While in the hospital with the bone mar- balance problem is related to weakness, but thing that suddenly goes away. Fortunately, row transplant, I received a great many it could also have been the Drano. it appears to be in women’s genes to be pa- medications. Just before they discharged me, Cancer talk. This issue is one that may be tient with us. I had a fever of unknown origin and one left over from our parents’ generation. They A year later, my appetite has yet to re- night became delirious. My wife and I are did not talk much about cancer, but I have turn. But then again there are not many men still arguing whether it lasted for a few always been willing to talk about mine. This our age without a potbelly. You would be hours or may more. You know which side she is a secret I did not want to try to keep. And surprised by the number of friends who are is on. My oncologist, who is generally pretty just how do you explain sudden baldness, slightly heavier than they would like, and blunt, says he was not there and has refused needle tracks and a great imitation of Casper who would be pleased to merge with you or to get involved in the discussion. In a more the Ghost? offer to provide a transplant of their extra tactful manner than is usual for him, he did Some of my best discussions have been in tonnage. They, and others, have offered say that such deliriums usually last for days oncologists’ waiting rooms. There is almost many suggestions for increasing my appe- or weeks. The delirium did go away and has always a wait, so there is plenty of time to tite. One of my more endearing nurses ad- nothing to do with the more subtle cognitive meet others going through more or less the vised me to have a beer before meals. Ensure, change mentioned above. same thing. At least for me and my wife, the a ‘‘Sun Chip and Benecol [a special kind of Pain and enemas. I had some bone pain time spent in oncologists’ waiting rooms has margarine] diet,’’ Remeron [an with the Hodgkin’s and used small amounts been an unofficial form of group therapy, and antidepressant], Megace [a hormone] and of codeine with aspirin. When the pain was I have never met a person there I did not marijuana have all been strongly encour- at its worst, I used Valium as well. My treat- like. It is rather remarkable how being in

VerDate 11-MAY-2000 03:47 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.004 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5655 the same boat on a rather rough sea pulls James made appearances in Las Vegas, sevelt and his Roughriders held a reunion, people together. I believe all those studies and controversial gunman ‘‘Doc’’ attracting 10,000 admirers, a year after they that say that group psychotherapy improves Holliday performed a stint as the stormed San Juan Hill in 1898. Hotel guests the survival time of patients with cancer. town’s dentist. in Nevada’s Vegas include flash-in-the-pan My experience is that such therapy doesn’t Though the town was established by celebrities, but the old Montezuma Castle have to be formal; it develops spontaneously. mineral springs resort here played host to Spiritual issues. This has not been my a land grant from the Mexican govern- Ulysses S. Grant and Emperor Hirohito of strong suit, but despite living in a somewhat ment to several Spanish families, Gen. Japan. cynical society, you and I both have many Stephen Kearny of the U.S. Army ar- This Las Vegas, in fact, has so much his- friends who pray. For the most part they do rived on the scene in 1846 by way of the tory, the town’s not sure what to do with it so in private. Few have Joseph Lieberman’s Santa Fe trail and sparked the Mexi- all. exuberance. As you will find out, however, can American War by declaring the More than 900 buildings in this city of when they perceive you need them, they let town’s residents to be citizens of the 15,700 are listed on New Mexico and U.S. reg- you know they are there for you. United States. Henceforth, the town istries of historic buildings. Most are clus- tered downtown, still used as homes, offices And you will find that those friends who clung tenaciously to its roots, result- don’t pray will also find wonderful ways of and storefronts, just as they were more than encouraging you. ing in a vibrant and authentic Hispanic a century ago when this was New Mexico’s One more thing. In case you have ever community unlike any other in the boomtown. wondered why you got married and had kids, Southwest. But more buildings were constructed here this is it. This is your best chance ever to Although the boom begun by the rail- from 1880 to 1900 than can be used today. get a lot of attention. Breakfast in bed is a road left Las Vegas behind, and stagna- ‘‘In other cities, old buildings are torn good start. tion sometimes haunted the town’s down in the name of progress and are re- Love, economy, Las Vegas continued to em- placed with big new buildings,’’ Mayor Henry RICHARD. brace its home-grown values and place Sanchez said. ‘‘But we were too poor to tear our buildings down poverty saved our His- f an emphasis on preservation as it tory’’. sought other means of development. I IN RECOGNITION OF LAS VEGAS, Now the city treasures its old buildings, believe Las Vegas, with its history and and it has created a handful of preservation NEW MEXICO charm, is poised for a 21st century ren- districts where the demolition of historic Mr. DOMENICI. Mr. President, I rise aissance. It has the ingredients—a structures is banned. today to bring attention to the special ready workforce, access to transpor- The city is struggling to find tenants for distinction of Las Vegas, NM, as re- tation and metropolitan services, a the few dozen empty ones, in part because in- vestors wary of water restrictions in the cently highlighted by the Los Angeles higher- education base, and the desire drought-ridden Southwest are afraid to Times. Perhaps more faithfully than to be a prosperous and growing commu- launch businesses here and because of the any other community in the South- nity. I have worked through my Rural cost of renovation. west, this charming city continues to Payday initiative to help bring new Civic leaders also say they want to pre- hold fast to its rich Hispanic and Euro- telecommunications-related jobs to serve the town’s heritage and don’t want to pean heritage, and colorful ‘‘Wild Las Vegas, and we are working on become another Santa Fe, 64 miles to the West’’ history. other projects to bring more jobs to the west, which is chided by Las Vegans as hav- Firmly rooted in Hispanic traditions, area. The socalled information super- ing forsaken its roots in favor of becoming a tony arts colony. Las Vegas was christened ‘‘Nuestra Se- highway, like the railroads of the 1800s, ‘‘Santa Fe is no longer a practicing His- nora de los Dolores de Las Vegas can be the region’s next conduit for panic community,’’ said Bob Mischler, an an- Grandes,’’ or ‘‘Our Lady of the Sorrows growth. thropology professor at New Mexico High- of the Great Meadows,’’ by sheep and The people of Las Vegas and San lands University here. ‘‘Santa Fe has been cattle ranchers of Spanish heritage Miguel County hold a very special taken over by outsiders who have created a who settled there in 1835. Las Vegas place in my heart. They make New whole new environment. We don’t want to do prospered as a major trading point on Mexico particularly proud for staying that.’’ true to their values and heritage. Pos- The challenge here, Mischler said, is to the Santa Fe Trail, giving rise to a preserve and capitalize on Las Vegas’ Latino great proliferation of adobe homes and sibly no other locale that so purely em- and European heritage. commercial buildings. As trade bur- bodies the real historic and cultural Las Vegas was settled by Mexican sheep geoned, the trail and the nearby Atch- elements that distinguish our state and cattle ranchers in 1835, attracted by the ison, Topeka, and Santa Fe Railroad from any other. I commend Las Vegas’ lush green meadows that gave the town its brought in a larger variety of settlers residents for their active preservation Spanish name. and architecture, including other Euro- efforts, and congratulate this commu- Army Gen. Stephen Kearny, following the nity on its remarkable place in New Santa Fe Trail, arrived here in 1846 and pean influences, and the town grew to started the Mexican American War by pro- include a large number of Victorian Mexico’s cultural life. claiming the town’s residents to be Amer- buildings. As the Los Angeles Times Mr. President, I ask unanimous con- ican citizens. No shots were fired, and in points out, Las Vegas currently boasts sent that the text of the Los Angeles time town commerce flourished by trading over 900 structures listed on U.S. and Times article from June 16, 2002, be with nearby Ft. Union. New Mexico registries of historic build- printed in the RECORD. The economy that traders generated along ings, an outstanding number of monu- There being no objection, the article the Santa Fe Trail through Las Vegas fur- ments to the varied cultural influences was ordered to be printed in the ther enriched the town’s merchants but was RECORD, as follows: nothing compared to the arrival of the rail- that have shaped the town for more road in 1879, fostering 20 years of heated [From the Los Angeles, Times, June 16, 2002] than a century and a half. growth. The Los Angeles Times also noted NO SIN CITY, THIS VEGAS SAVORS ITS RICH The town grew as two distinct halves— that ‘‘this Las Vegas, in fact, has so HERITAGE Latinos around the historic plaza, East- much history, the town’s not sure what THE SMALL COMMUNITY IN NORTHERN NEW MEX- erners and Europeans around the rail dis- to do with it all.’’ Las Vegas has played ICO TREASURES ITS OLD BUILDINGS, UNLIKE trict. Entrepreneurs from both cultures prof- ITS GLITTERY NAMESAKE IN THE NEVADA ited, and Las Vegas presented a confluence of host to both illustrious guests and in- DESERT famous Wild West personalities. Theo- architectural styles—from adobe and Cali- (By Tom Gorman) fornia mission to Queen Anne and dore Roosevelt and his Rough Riders This is the other Las Vegas—not where 40- Italianate—that grace the town to this day. convened there for a reunion in 1899, a years-old casinos are imploded because ‘‘Las Vegas has very few rivals in the West year after they stormed San Juan Hill. they’re no longer fashionable, but where 140- for frontier boomtown architecture,’’ said Both Ulysses S. Grant and Emperor Hi- year-old storefronts still have purpose. Elmo Baca, until recently New Mexico’s his- rohito of Japan took advantage of the The mob missed this place, but not the toric preservation officer. Montezuma Castle hot mineral springs ruthless Billy the Kid, who was run out of But after the turn of the century, Las resort outside town. The same vibrant town after pistol-whipping the sheriff, and Vegas’ fortunes waned as railroads expanded their reach to Albuquerque and other West- traffic that made the town boom bank robber Jesse James, who relaxed in its hot mineral baths. Probably neither visited ern towns. Baca, a Las Vegas native, said the brought in some of the most colorful the town dentist, ‘‘Doc’’ Holiday. town still embraced its home-grown values. characters of the Old West: outlaw Nevada’s Las Vegas may have its conven- ‘‘Ever since Kearny came here, we’ve had a Billy the Kid and bank robber Jesse tions, but it was here where Theodore Roo- healthy suspicion of outsiders,’’ he said.

VerDate 11-MAY-2000 03:47 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.006 pfrm01 PsN: S18PT1 S5656 CONGRESSIONAL RECORD — SENATE June 18, 2002 ‘‘We’ve held on dearly to our cultural herit- velopment. In addition, he has been the after the date of the occurrence of an act of age, perhaps at the expense of economic de- lead advocate for the development of terrorism, the Judicial Panel on Multidis- velopment.’’ the Hibben Archaeological Research trict Litigation shall assign a single Federal The frontier buildings were neither razed Center which is currently in develop- district court to conduct pretrial and trial nor improved as the city’s economy stag- proceedings in all pending and future civil nated during the last century. Few busi- ment. Dr. Hibben donated $4 million of actions for claims arising out of or resulting nesses moved here; a factory made para- his own funds to construct this new from that act of terrorism. chutes during World War II, and today the center which would showcase the 1.5 (2) SELECTION CRITERIA.—The Judicial biggest employer is the government. million artifacts from the Chaco Cul- Panel on Multidistrict Litigation shall se- Not that progress isn’t being made. ture National Historic Park. lect and assign the district court under para- The city is renovating the railroad depot, New Mexico has lost an invaluable graph (1) based on the convenience of the at a cost of $500,000; the Montezuma Castle treasure in a man who’s accomplish- parties and the just and efficient conduct of resort was renovated and is now used as one ments cannot be overstated in their the proceedings. of 10 Armand Hammer United World College (3) JURISDICTION.—The district court as- campuses around the world. importance both to UNM and the State signed by the Judicial Panel on Multidistrict And the citizens committee for historic of New Mexico. I join with his friends Litigation shall have original and exclusive preservation purchased an 1895 mercantile and family in mourning their loss. jurisdiction over all actions under paragraph building for its own use, investing about Mr. President, I yield the floor. (1). For purposes of personal jurisdiction, the $500,000 to turn it into a Santa Fe Trail in- Mr. SPECTER. Mr. President, I sug- district court assigned by the Judicial Panel terpretive center. gest the absence of a quorum. on Multidistrict Litigation shall be deemed Slowly, building owners are renovating The PRESIDING OFFICER. The to sit in all judicial districts in the United their structures, although some remain clerk will call the roll. States. empty. Among them: two century-old store- (4) TRANSFER OF CASES FILED IN OTHER FED- The assistant legislative clerk pro- fronts owned by the Maloof family, which ERAL COURTS.—Any civil action for claims settled here in 1892 and became wealthy New ceeded to call the roll. arising out of or resulting from an act of ter- Mexico business owners and bankers. Today, Mr. SPECTER. Mr. President, I ask rorism that is filed in a Federal district one branch of the family owns the Sac- unanimous consent that the order for court other than the Federal district court ramento Kings professional basketball team the quorum call be rescinded. assigned by the Judicial Panel on Multidis- and a Las Vegas, Nev., casino hotel. The PRESIDING OFFICER. Without trict Litigation under paragraph (1) shall be Among the town’s boosters is Anne Brad- objection, it is so ordered. transferred to the Federal district court so ford, who moved here from Carlsbad, Calif., assigned. f nine years ago and spent $150,000 to turn a (5) REMOVAL OF CASES FILED IN STATE 109-year-old home into a bed-and-breakfast TERRORISM RISK INSURANCE ACT COURTS.—Any civil action for claims arising inn. OF 2002—Continued out of or resulting from an act of terrorism Her guests, she said, enjoyed this Las that is filed in a State court shall be remov- Vegas for what it is. ‘‘People will always rec- AMENDMENT NO. 3862 able to the Federal district court assigned by ognize our Las Vegas,’’ she said. ‘‘It’ll always Mr. SPECTER. Mr. President, I call the Judicial Panel on Multidistrict Litiga- be a little bit behind. That’s part of its up amendment No. 3862. tion under paragraph (1). charm.’’ The PRESIDING OFFICER. The (d) APPROVAL OF SETTLEMENTS.—Any set- f clerk will report the amendment. tlement between the parties of a civil action PAYING TRIBUTE TO DR. FRANK C. The assistant legislative clerk read described in this section for claims arising HIBBEN as follows: out of or resulting from an act of terrorism The Senator from Pennsylvania [Mr. SPEC- shall be subject to prior approval by the Sec- Mr. DOMENICI. Mr. President, today TER] proposes an amendment numbered 3862. retary after consultation by the Secretary I rise to pay tribute to Dr. Frank C. with the Attorney General. Mr. SPECTER. Mr. President, I ask Hibben who passed away this past unanimous consent that reading of the (e) LIMITATION ON DAMAGES.— Tuesday, June 11, in my State. amendment be dispensed with. (1) IN GENERAL.—Punitive or exemplary Dr. Hibben was a world-renowned ar- damages shall not be available for any losses The amendment is as follows: cheologist, anthropologist, big-game in any action described in subsection (a)(1), hunter, author, and philanthropist. He (Purpose: To provide for procedures for civil including any settlement described in sub- actions, and for other purposes) also held the title of Professor Emer- section (d), except where— (A) punitive or exemplary damages are per- itus of Anthropology at the University On page 29, strike line 1 and all that fol- lows through page 30, line 17, and insert the mitted by applicable State law; and of New Mexico. following: (B) the harm to the plaintiff was caused by As a lifelong hunter and conserva- SEC. 10. PROCEDURES FOR CIVIL ACTIONS. a criminal act or course of conduct for which tionist, Dr. Hibben played a key role in (a) FEDERAL CAUSE OF ACTION.— the defendant was convicted under Federal many of New Mexico’s conservation (1) IN GENERAL.—There shall exist a Fed- or State criminal law, including a conviction and restoration programs. For 30 years, eral cause of action for claims arising out of based on a guilty pea or plea of nolo Dr. Hibben served on the New Mexico or resulting from an act of terrorism, which contendere. Fish and Game commission, including shall be the exclusive cause of action and Conviction under subparagraph (B) shall es- 28 years as chairman. In this capacity, remedy for such claims, except as provided tablish liability for punitive or exemplary he spearheaded efforts to introduce en- in subsection (f). damages resulting from the harm referred to in subparagraph (B) and the assessment of dangered, and exotic new species to the (2) PREEMPTION OF STATE ACTIONS.—All State causes of action of any kind for claims such damages shall be determined in a civil State of New Mexico in an effort to arising out of or resulting from an act of ter- lawsuit. protect these dwindling game herds rorism that are otherwise available under (2) PROTECTION OF TAXPAYER FUNDS.—Any from around the world. State law, are hereby preempted, except as amounts awarded in, or granted in settle- As a archeologist and professor, Dr. provided in subsection (f). ment of, an action described in subsection Hibben wrote numerous articles and (b) GOVERNING LAW.—The substantive law (a)(1) that are attributable to punitive or ex- books with an emphasis on big-game for decision in an action described in sub- emplary damages allowable under paragraph hunting and the American Southwest. section (a)(1) shall be derived from the law, (1) of this subsection shall not count as in- sured losses for purposes of this Act. For his work, he was awarded the Uni- including applicable choice of law principles, of the State in which the act of terrorism versity of New Mexico’s Zimmerman (f) CLAIMS AGAINST TERRORISTS.—Nothing giving rise to the action occurred, except to in this section shall in any way be construed award, a notable award given by the the extent that— university to honor an alumnus who to limit the ability of any plaintiff to seek (1) the law, including choice of law prin- any form of recovery from any person, gov- ciples, of another State is determined to be has contributed significantly to the ernment, or other entity that was a partici- applicable to the action by the district court university and the world at large. pant in, or aider and abettor of, any act of hearing the action; or However, in spite of his many terrorism. achievements in archeology and con- (2) otherwise applicable State law (includ- (g) EFFECTIVE PERIOD.—This section shall servation, I believe Dr. Hibben will be ing that determined under paragraph (1), is inconsistent with or otherwise preempted by apply only to actions described in subsection most remembered for his philanthropy. Federal law. (a)(1) arising out of or resulting from acts of He was the founding Director of the (c) FEDERAL JURISDICTION.— terrorism that occur during the effective pe- UNM Maxwell Museum of Anthro- (1) IN GENERAL.—Notwithstanding any riod of the Program, including any applica- pology and played a key role in its de- other provision of law, not later than 90 days ble extension period.

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.008 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5657 SEC. 11. CRIMINAL OFFENSE FOR AIDING OR FA- In one sense, there is no more reason were reversed and the lengthy period of CILITATING A TERRORIST INCIDENT. to preclude punitive damages against time, demonstrating what I am submit- (a) IN GENERAL.—Chapter 113B of title 18, private defendants in this situation ting is the ineffectiveness of punitive United States Code, is amended by adding at the end the following: than in any other. For example, if a damages in deterring malicious con- building owner chain-locked emer- duct. ‘‘§ 2339C. Aiding and facilitating a terrorist The PRESIDING OFFICER. Without incident gency exits, why should he or she be objection, it is so ordered. ‘‘(a) OFFENSE.—Whoever, acting with will- exempted from punitive damages be- cause people are injured or killed by (See exhibit 1.) ful and malicious disregard for the life or Mr. SPECTER. The principal problem safety of others, by such action leads to, ag- terrorist attack instead of by fire? Per- gravates, or is a cause of property damage, haps this is just another chapter in the with punitive damages or a principal personal injury, or death resulting from an continuing effort to reduce civil rem- problem with punitive damages, in ad- act of terrorism as defined in section 3 of the edies for tortious conduct. dition to the long delays and the fact Terrorism Risk Insurance Act of 2002 shall be There is another sense that everyone that the awards are reduced, is that if, subject to a fine not more than $10,000,000 or should make some concessions in deal- at the end of the long litigation process imprisoned not more than 15 years, or both. ing with terrorists. In any event, this punitive damages are collected, they ‘‘(b) PRIVATE RIGHT OF ACTION.—Any per- situation presents an opportunity to come from the shareholders of the son may request the Attorney General to ini- company. They come from General Mo- tiate a criminal prosecution pursuant to sub- deal in a more meaningful way with section (a). In the event the Attorney Gen- malicious conduct causing injury or tors. They come from Ford, or they eral refuses, or fails to initiate such a crimi- death. come from some major corporation. nal prosecution within 90 days after receiv- It is my judgment that punitive dam- That is why it has been my view that ing a request, upon petition by any person, ages have not been an effective deter- an effective deterrent would be to hold the appropriate United States District Court rent for malicious conduct. Punitive the individuals liable for their mali- shall appoint an Assistant United States at- damages are consistently reversed or cious conduct. And malicious conduct, torney pro tempore to prosecute an offense reduced. Cases involving automobiles as defined in this bill, is conduct which described in subsection (a) if the court finds has a wanton disregard for the life or that the Attorney General abused his or her such as the Ford Pinto and the Chev- rolet Malibu illustrate the practice of safety of another person. discretion by failing to prosecute.’’. From my experience as district at- (b) CHAPTER ANALYSIS.—The chapter anal- knowingly subjecting consumers to the torney of Philadelphia, I know that ysis for chapter 113B of title 18, United risk of death or grievous bodily injury people are very concerned about going States Code, is amended by adding at the end because it is cheaper to pay civil dam- to jail, much more concerned than if at the following: ages than to fix the deadly defect. the end of a long litigation process ‘‘2399C. Aiding and facilitating a terrorist in- In the case of ‘‘Grimshaw v. Ford there may be the requirement for a cident.’. Motor Company,’’ 119 Cal. App. 3d 757, corporation to pay punitive damages, Mr. SPECTER. Mr. President, last the driver died and a passenger suffered especially in the context where we week I voted against tabling the permanently disfiguring burns on his know from records from Ford Motor McConnell amendment which would face and entire body when the Pinto’s Company in the Pinto case that they have conditioned punitive damages for gas tank exploded in a rear-end colli- made a calculated decision that it was private parties arising out of a ter- sion. When attorneys got into Ford’s rorist attack to situations where there cheaper to pay the damages. records, it was disclosed that the gas Here you have an official locating a had been a criminal conviction estab- tank had not been relocated to a safe gas tank in the rear end of the car re- lishing malicious conduct. Had the place because the correction would cost sulting in death, resulting in serious McConnell amendment not been tabled, $11 per car while the calculation for bodily injury again and again, and no I intended to offer a second-degree damages from civil suits was only $4.50. deterrence, right back at it again and amendment which I am now discussing. So it is a dollars and cents calcula- again. Since the McConnell amendment was tion. A similar case, ‘‘White v. Ford Motor tabled, I am now calling my amend- In the celebrated case ‘‘Anderson v. Company,’’ CV–N–95–279–DWH (PHA), ment up as a first-degree amendment. General Motors,’’ 1999 WL 1466627, a involved a 3-year-old child who was run This amendment establishes a crime Chevrolet Malibu fuel tank ruptured in over, backed over by a Ford truck with for anyone acting with willful and ma- a rear-end collision causing six people a defective brake. Here, again, in licious disregard for the life or safety to sustain serious burns. The design de- ‘‘White v. Ford Motor Company,’’ the of others, and by such action leads to, fect of the gas tank was not corrected calculation was made that it is cheaper aggravates, or is a cause of, property because a cost-benefit analysis showed to pay the damages than it is to cor- damage, personal injury, or death re- it would have cost General Motors $8.59 rect the defect. sulting from an act of terrorism. to fix the fuel system compared to $2.40 That case resulted in a verdict of pu- This amendment further provides for to pay the civil damages. The Pinto nitive damages of $150 million in a case a private right of action as follows: case resulted in a punitive damage tried in Reno, NV, and later reduced to Any person may request the Attorney award in the amount of $125 million, $69 million. Years have passed and the General to initiate a criminal prosecu- frequently cited as an excessive puni- matter is still under appeal. tion of the criminal offense I just de- tive damage award. Very infrequently The effective way of dealing with this scribed. In the event the Attorney Gen- is it noted that the trial court later re- kind of malicious conduct is to provide eral refuses or fails to initiate such a duced the award to $3.5 million. a criminal penalty. A criminal penalty criminal prosecution within 90 days, Similarly, the Malibu verdict of $4.8 was provided in a case involving Fire- upon petition by any person, the appro- billion in punitive damages was re- stone tires, which were mounted on priate U.S. district court shall appoint duced by the trial judge, with an ap- Ford vehicles which had disclosed nu- an Assistant United States Attorney peal slashing it even more. merous problems in 1998 and 1999. Some pro tempore to prosecute the criminal Punitive damage awards have re- 88 deaths resulted when these tires offense if the court finds that the At- sulted in virtually endless delays. In gave way, the vehicles rolled over. torney General abused his or her dis- one of the most celebrated punitive Eighty-eight people were killed, hun- cretion by refusing or failing to pros- damage cases, ‘‘In re the Exxon dreds were injured, and there was a cal- ecute. Valdez,’’ 270 F.3d 1215, started in 1989, culation on the part of Ford and Fire- In considering legislation to provide the Ninth Circuit vacated some 12 stone not to make that disclosure, not for Federal Government assumption of years later the previously decided, to file it with the appropriate Federal some of the losses resulting from ter- largest-in-history $5 billion punitive officials. rorist attacks in order to provide in- damage award. An internal Ford memorandum on surance coverage, there has been con- I ask unanimous consent that the March 12, 1999, considered whether gov- siderable sentiment to curtail punitive text of a memorandum be printed in ernmental officials in the United damages. Understandably, the bill pre- the RECORD at the conclusion of my States ought to be notified and a deci- cludes punitive damages against the presentation. This memorandum de- sion was made not to notify Federal of- Federal Government. tails punitive damage awards which ficials, so they could keep on selling

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.009 pfrm01 PsN: S18PT1 S5658 CONGRESSIONAL RECORD — SENATE June 18, 2002 the Firestone tires on the Ford cars. It where there might be some relief from est-in-history, $5 billion punitive damages is one of the really great tragedies. I punitive damages; although, to repeat, award, and remanded the case to the District had introduced legislation to make I think they have resulted in very lit- Court to determine a lower award under that conduct a crime. standards specified in BMW of North America, tle by way of liability, for the reasons Inc. v. Gore, 517 U.S. 559 (1996)(substantive With some modifications that provi- I have cited and the authorities I have due process review of punitive damage sion was incorporated in Public Law cited. awards under the three ‘‘guideposts’’ of de- 106–414 on November 1, 2000, creating a I believe it is true the punitive dam- fendant reprehensibility, ratio analysis, and 15-year sentence for officials where age possibility is a factor on leveraging criminal penalties comparability), and Coo- they withhold information on defective settlement, but there have been enor- per Industries, Inc. v. Leatherman Tool Group, products from governmental regu- mous objections to punitive damages, Inc., 532 U.S. 424 (2001)(requiring de novo re- lators. and they have created quite a lot of view on appeal). Thus, litigation stemming from a March 1989 accident/oil spill con- Mr. President, in offering the amend- public furor, as one can see in the $5 ment which I am currently discussing, tinues into its 11th year—and, essentially, is billion punitive damage award I dis- back to ‘‘square one’’ on the issue of punitive the effort is being made to substitute cussed earlier. The public thinks it is damages. See also Pacific Mutual Life Ins. Co. an effective remedy which would hold being paid with real money; whereas, v. Haslip, 499 U.S. 1 (1991)(ten-year litigation corporate officials liable for the dam- in fact, when we trace them down, the stemming from insurance agent’s 1981 mis- ages which they cause as a result of funds are not paid. appropriation of insurance premium pay- malicious conduct. I think we need a comprehensive ments). The provisions which were offered by The key cases cited in Exxon Valdez, BMW analysis. There is none to my knowl- of North America, Inc. and Cooper Industries, Senator MCCONNELL in the amendment edge as to what has resulted when pu- which was tabled last week required Inc. themselves had lengthy procedural his- nitive damages are sought, where puni- tories—the BMW case running from 1990– that a criminal conviction be estab- tive damages are obtained on a verdict, 1997, and Cooper running from 1995 to the lished before someone would be liable and what happens, how many of them present. See also 2660 Woodley Road Joint for punitive damages, and that provi- are actually collected. It would be a Venture v. ITT, 2002 U.S. Dist. LEXIS 439 sion has been carried over to the (D.Del., January 10, 2002)(granting motion good deal more difficult to quantify amendment which I am offering today. for new trial on the issue of the size of puni- I have added to that amendment a the effect of punitive damages as lever- tive damages awarded in a 1997 commercial provision for a private right of action. age on settlements, but I think that, contract breach case); Dallas v. Goldberg, 2002 It is very difficult on some occasions to too, would be worthy of study. U.S. Dist. LEXIS 8829 (SDNY, May 20, persuade the prosecuting attorney to Most importantly, the justice system 2002)(ruling on the admissibility of evidence ought to be able to reach people who in computing the amount of punitive dam- initiate a criminal prosecution. That is ages in ongoing § 1983 action stemming from a matter which is customarily viewed are malicious. Wanton disregard for the safety of another constitutes mal- a 1994 police incident); Silivanch v. Celebrity as discretionary. Cruise Inc., 2000 U.S. Dist. LEXIS 12155 (Au- The prosecutor—and I have had a lot ice and supports a prosecution for mur- gust 23, 2000)(a procedural ruling on alloca- of experience with this myself has der in the second degree, which can tion of punitive damages stemming from a many cases he has to try and may carry a term up to 20 years. This bill 1994 cruise exposure to ‘‘Legionnaires’ Dis- choose not to initiate the prosecution. carries a penalty up to 15 years because ease’’). State court cases are at least as So, in order to activate the provision in the Federal system, that is the striking. See, e.g., Torres v. Automobile Club of Southern Cal., 937 P.2d 290 (Cal. for punitive damages, where someone is equivalent of a life sentence. Following the precedent of the Ford-Firestone 1997)(remanding for a new trial on all issues; convicted of a crime with the requisite litigation initially filed in 1986); Moeller, et. malicious conduct, my amendment matter, the 15-year penalty was pro- al. v. American Guarantee Insurance Co., 707 provides that any person can ask the vided. So. 2d 1062 (Miss. 1996)(final decision in 1996 Attorney General of the United States I know this amendment is subject to on case filed in 1982); Abramczyk, et. al. v. City to initiate a prosecution. If the Attor- being stricken as being non-germane. of Southgate, 2000 Mich. App. LEXIS 530 ney General refuses to initiate the When the cloture motion was offered (2000)(reversing award of punitive damages prosecution within 90 days, then the in- this morning, I voted in support of it, and remanding for new trial; litigation filed and it was agreed to. Sixty-five Sen- in 1996); Dixie Insurance Company v. dividual may petition the court for Mooneyhan, 684 So. 2d 574 (Miss. 1996) (re- leave to be appointed as an Assistant ators voted in favor of it; 31 Senators manding for a new trial on the issue of puni- United States Attorney pro tempore. voted against it. Voting in favor of the tive damages; litigation filed in 1987). In other words, on a private prosecu- cloture motion, I was well aware that To summarize, then, litigation on the issue tion there would have to be a showing were it to pass, this amendment would of punitive damage can—and does—stretch that the prosecuting attorney had be precluded, but I considered it much out over a period of years (numerous appel- abused his or her discretion in failing more important to get this bill moving late cases show a pattern of at least 4–6 years to a conference so that we can have the and longer, as in the case of Exxon Valdez or refusing to initiate the prosecution. and Cooper Industries). Recent trends have Such private actions are commonplace Government standing behind certain caused one commentator to state as follows: in U.S. courts. insurance policies so we can move ‘‘The Supreme Court’s . . . decision [in Coo- New York has such a procedure, Min- ahead with very important commercial per], with its mandate of de novo appellate nesota, North Dakota, Florida, Arkan- transactions in this country which are review of punitive damages jury verdicts in sas, Iowa, Montana, Ohio, and Okla- now being held up. all cases, may consign state and federal homa. I ask unanimous consent that a It may be that this format will be courts to an endless round of institutional sec- memorandum be printed in the RECORD useful in the conference committee ond-guessing ....’’ Cabraser, E.J. Engle v. R.J. Reynolds To- at the conclusion of my oral presen- where I believe the House has stricken bacco Co.: Lessons in State Class Actions, Puni- tation which summarizes the specifics punitive damages. tive Damages, and Jury Decision-Making Unfin- of where private prosecutions have This may be an accommodation ished Business: Reaching the Due Process Lim- been initiated. where punitive damages would still be its of Puntive Damages in Tobacco Litigation The PRESIDING OFFICER. Without available, but there would first have to Through Unitary Classwide Adjudication, 36 objection, it is so ordered. be a criminal conviction. A more im- Wake Forest L. Rev. 979, 986 (2001)(emphasis (See exhibit 2.) portant part of the provision would be added). Thus, the ‘‘endless’’ nature of puni- Mr. SPECTER. Mr. President, I think that those who are malicious and cause tive damages litigation will—at least accord- it is worthy of note that this was a sub- ing to this commentator (a tobacco litiga- death or injury to other people would tion plaintiffs’ attorney)—only get worse. ject of considerable interest to this be held for a very serious criminal EXHIBIT 2 Senator during my law school days. I sanction. wrote a comment which appears at There are several states that through stat- EXHIBIT 1 Yale Law Journal, volume 65, page 209, ute or care precedent allow a court to ap- The prototype case for the proposition that point a special prosecutor in the event that ‘‘Private Prosecution: A Remedy for punitive damages litigation is ‘‘virtually the district attorney is unable or unwilling Unwarranted District Attorneys’ Inac- endless’’ is In re the Exxon Valdez, the latest to prosecute a case. The following is a sum- tion.’’ iteration of which is found at 270 F.3d 1215, mary of the applicable statute or case law in As this package was put together, I (9th Cir. 2001). In the 2001 decision, the 9th several states authorizing the replacement of think it offers some guidance for a way Circuit vacated a previously-decided, larg- prosecutors.

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.039 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5659 STATUTE pearing in the CONGRESSIONAL RECORD which many of us are involved, and for New York—NY CLS County § 701 provides on page S–8625. I would note that my which we are trying to come up with that when a district attorney cannot attend statement of September 7, 2000, pro- some solutions. This is the very impor- in a court in which he or she is required by vides some more detailed facts con- tant issue involving the subject of law to attend or is disqualified from acting cerning the Ford-Firestone issue and cloning. It involves issues related to in a particular case, the criminal court may discusses several other cases involving potential research in cloning. appoint another attorney to act as special We believe this is a subject the Sen- district attorney ‘‘during the absence, inabil- punitive damages. ity or disqualification of the district attor- I note one other consideration, and ate and Congress is going to have to ney.’’ that is, I am aware that in subscribing address, and we are attempting to ad- Pennsylvania—71 P.S. § 732–205 provides to the requirement that there is a dress it. There are various differences that the Attorney General shall have the criminal prosecution as a basis for an of opinion about how to do that. So I power to prosecute in any county criminal award of punitive damages, that does come to the floor to speak for a minute court upon the request of a district attorney require proof beyond a reasonable while we have some time. who lacks the resources to conduct an ade- doubt. On punitive damages, there have First of all, as you know, Madam quate investigation or prosecution or if there been varying standards applied, for ex- President, and as many of my col- is actual or apparent conflict of interest. leagues know, I am working with Sen- Also, the Attorney General may petition the ample, clear and convincing evidence. ator BROWNBACK and Senator FRIST and court to permit him or her to supersede the And while proof beyond a reasonable district attorney in order to prosecute a doubt is obviously more than a prepon- others to try to fashion a position on criminal action if he or she can prove by a derance of the evidence, it is my view this bill that would basically create a preponderance of the evidence that the dis- that where you deal with these horren- moratorium of some type—either long trict attorney has failed or refused to pros- dous kinds of cases—the Pinto, where term, short term, or intermediate ecute and such failure or refusal constitutes there is a calculation regarding the gas term—because we believe this is an an abuse of discretion. tank in the rear of the car, or the Ford- issue with serious ethical consider- Minnesota—Minn. Stat. § 388.12 provides ations and one that we, as a Congress, that a judge may appoint an attorney to act Firestone case—in these kinds of cases where we are really looking to make an and as leaders, should have to give very as or in the place of the county attorney ei- careful consideration to before we ther before the court or the grand jury. example, that the proof will be there North Dakota—If a judge finds that the for proof beyond a reasonable doubt. would go forward. That has been the essence of our ap- state’s attorney is absent or unable to attend Having had some considerable experi- proach, just trying to slow things down the state’s attorney’s duties, or that the ence prosecuting criminal cases, it has so that perhaps we could get enough in- state’s attorney has refused to perform or been my view that in most situations neglected to perform any of his duties to in- formation to say that we should not, at the vagaries of burdens of proof—be- stitute a civil suit to which the state or any time, under any circumstance, go yond a reasonable doubt, clear and con- county is a party and it is necessary that the forward with human cloning. But the vincing evidence, preponderance of the state’s attorney act, the judge shall (1) re- basis of our approach has been a mora- evidence—really are not the ultimate quest that the district attorney take charge torium to give us more time to get or the prosecution or (2) appoint an attorney determinants. But to the extent that some of this important information out to take charge of the prosecution. proof beyond a reasonable doubt is an Tennessee—Tenn. Const. art. VI, § 6 pro- to the public. additional burden, I think the gain in This is an issue of great concern to vides that in all cases where the Attorney moving in this direction to impose for any district fails or refuses to attend and the public. Generally, I think people prosecute according to law, the Court shall criminal liability is certainly worth it want to be supportive of ethical kinds have power to appoint an Attorney pro tem- from the point of view of public policy. of research, particularly for the devel- pore. Mr. President, I yield the floor and opment of cures for diseases. Juvenile CASE LAW suggest the absence of a quorum. diabetes comes to mind; also cures for The PRESIDING OFFICER. The Florida—Taylor v. Florida, 49 Fla. 69 cancer and spinal cord injuries. (1905)—The Supreme Court of Florida held clerk will call the roll. We want to be very supportive of eth- that absent an express legislative statement The assistant legislative clerk pro- ical approaches to research to provide prohibiting a court from doing so, in the ceeded to call the roll. cures for people who are suffering: chil- event the state attorney refuses to represent Ms. LANDRIEU. Madam President, I dren, adults, older people. I think this the state, that a court has the inherent ask unanimous consent the order for Senate has gone on record, in a truly power to appoint another attorney. the quorum call be rescinded and that bipartisan fashion, supporting the in- Arkansas—Owen v. State, 263 Ark 493 I be recognized as in morning business. (1978)—The Supreme Court of Arkansas held crease in funding for the National In- The PRESIDING OFFICER. Without stitutes of Health, and it has been a re- that ‘‘[i]t is well settled that the circuit objection, it is so ordered. judge had the power to appoint a special markable increase in funding. I, for prosecuting attorney.’’ Various other state f one, have been very strongly sup- courts have embraced the inherent power HUMAN CLONING portive of that funding and want it to concept of a court to appoint a special pros- continue. ecutor in a criminal case. See White v. Polk Ms. LANDRIEU. Madam President, I But I want to spend a moment talk- County, 17 Iowa 413 (1864); Territory v. Har- understand we are going to be voting ing about some of the problems—eth- ding, 6 Mont. (1887); State v. Henderson, 123 on a very important bill at about 3:45, ical and otherwise—associated with the Ohio St. 474 (1931); Hisaw v. State, 13 Okla. in just 20, 25 minutes. I support the bill process of human cloning and to sug- Crim. 484 (1917). on terrorism insurance creating a gest that the Feinstein-Kennedy ap- Mr. SPECTER. I yield the floor. mechanism for us to create a system in proach, which basically would be ask- I suggest the absence of a quorum. this country for a new kind of insur- ing the Senate, if you will—and why I The PRESIDING OFFICER. The ance, unfortunately, one for which am not supporting that approach—and clerk will call the roll. there has become an apparent need Congress to consider, for the first time, The assistant legislative clerk pro- since September 11, and without which sanctioning or legalizing human ceeded to call the roll. there would be a great hardship for our cloning. Mr. SPECTER. Mr. President, I ask banking and financial industries and I do not think there is enough infor- unanimous consent the order for the also for our real estate developers. mation for us to make that decision. quorum call be rescinded. Frankly, all businesses—many in Lou- Let me give you a couple of reasons. The PRESIDING OFFICER. Without isiana—are affected across our Nation. First of all, some of the proponents objection, it is so ordered. So I am going to be supportive of this of human cloning—people who say we Mr. SPECTER. Mr. President, I terrorism insurance bill, and have been should go forward with human would like to note for the record two supportive of it in the process of trying cloning—try to make a distinction be- previous statements I made on this to bring it to the floor for a final vote. tween human cloning and therapeutic subject, one on September 7, 2000, ap- But I want to take a few minutes, be- cloning or reproductive cloning or nu- pearing in the CONGRESSIONAL RECORD fore we actually vote on that bill, to clear transfer. beginning at page S–8188, and also a speak on an issue that is not directly One of the points I want to make is statement on September 15, 2000, ap- before the Senate but is something in that human cloning is human cloning

VerDate 11-MAY-2000 03:47 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.011 pfrm01 PsN: S18PT1 S5660 CONGRESSIONAL RECORD — SENATE June 18, 2002 is human cloning. It is just a matter of them and destroying them, harvesting to a consensus on that. Human cloning where you stop the process. The proc- them and destroying them, harvesting takes us many steps past that issue. ess is exactly the same. Terms have them and destroying them. We can work on nonclones. We can been used to describe it in a variety of Then, at some point, because these work on noncloned embryos and still different ways. There may be many are not Government-run labs, these are get a tremendous amount of benefit terms, but there is just one process. private sector labs, these are people without the terrible ethical consider- There may be many names, but there is who will be working—to give every- ation this raises. one process. body the benefit of the doubt, let’s say The third issue is, if you think about As shown on this chart, it is the one most people are working on some po- it, even in a macro sense, even those of process that we are talking about. tential cures for diseases, although us who are not trained as doctors or There are not two or three or four they may be far in the distance, but it scientists could understand that one processes; there is one process. That is not inconceivable, and it is common issue that might compel a person, a process involves an unfertilized egg and sense to believe that at some point family, a grieving parent over a fatally a cell from an adult stem cell. The nu- somebody—a scientist, a patient, a ill child or a spouse over another fa- cleus is removed and put into this woman, a couple—is going to push the tally ill spouse would be if the research unfertilized egg, and it becomes basi- envelope, implant what is a legal clone, or the benefits could not be derived cally an embryo. and then look at us or go call a press from regular embryos or from stem The Feinstein-Kennedy-Specter ap- conference and say: Now what? It is a cells on nonclones, and the only way to proach says that we should basically clone that has been created because we cure this person’s particular disease authorize this for the first time, say it have legalized it. It is a clone. We will would be to get something harvested is legal, authorize it, and engage in the have legalized it, if we pass a bill that from a clone. That is the rejection creation of a human embryo—not a does legalize it. And then the question issue. If everything else has been ex- plant, not an animal, but a human em- is, What are you going to do about it? bryo; and then just say at a certain Once a clone is implanted, what do hausted, none of the other methods or point—whether it is 12 days or 14 days we do if it is delivered or born healthy? procedures is working in other areas, or 16 days—that embryo would then be That is one issue. What if it is born then perhaps we would have to get tis- sue or research or some piece of a cell destroyed, basically before it is im- grossly mutilated, which is probably, from a cloned embryo. We are so far planted. That is the Feinstein-Ken- based on the Dolly, the sheep, experi- from making that determination. I nedy-Specter approach. ment and research, going to happen be- have not read one scientific study, one Senator BROWNBACK and I—because cause 275 embryo trials were used to legitimate group of scientists any- of many similar concerns and some dif- create Dolly, the sheep. All of them where, not any prize winners, not any ferent concerns—and Senator FRIST be- ended in death or destruction to the research has been done or even theo- lieve the line should be drawn at this creature, the clone being created, and rized that that would be the only way, point until we can make a better deter- then finally a clone was successfully the rejection issue, to overcome the ob- mination about the risks and benefits delivered. jections to cloning. associated with human cloning; that is, For us to think that this is the Those of us who are urging a morato- to stop the process before it begins. time—there has been only one hearing rium are not against research. We are One of the reasons we believe this— in a Senate committee on this subject, strongly—many of us—supportive of although the law might try to draw a at least in recent years; perhaps there stem cell research. But to rush head- line here after the embryo has been were some many years ago, but I don’t long into a process that will for the created—is because it is going to be think so—to move forward with a bill first time legalize human cloning be- very difficult, if not impossible, to en- that would authorize human cloning is cause there might be a slight benefit, force this line because somewhere, at best premature and, frankly, in my which is totally unproven, to get over some time, that line is going to be opinion, at this particular point, whol- a rejection issue by using a human pierced and we will end up having a ly unproven technology with tremen- clone is a real stretch, and it is very cloned embryo implanted. Then the dous ethical questions and great dif- premature. question is, What do you do then? ficulty in trying to police what would What I am hoping is that we can con- The possibilities of passing any kind basically be an authorized legal process tinue this debate for Members to come of so-called compromise that would le- of creating for the first time in Amer- to the floor and speak about some of galize and authorize human cloning for ica human clones. these issues at the appropriate time. the first time in our Nation’s history That is as simple as I can state it. We don’t want to hold up other impor- could get us on to a very slippery slope. There is not a difference between tant bills. But this is a very important That is why some of us are urging to therapeutic cloning or nuclear trans- bill for our Nation. It will set a pace, a slow it down, have more study, and fer. There are many names for it, but it direction for our research. have a short-term moratorium, which is one process. It is the same process. I am hoping in the next several days even President Clinton, in his term as The issue is, should we start that proc- and weeks we can come up with a com- President, said—of course, when Dolly, ess and, if so, where should we stop it. promise on this issue that will not au- the sheep, was created—that is exactly Another question is, Could you really thorize the creation of clones but that what we should do until we get more stop it once it is started? will allow us some more time to study information about the benefits and The other reason I am suggesting a the benefits of human cloning, if there risks associated with cloning. pause, a moratorium of some nature, are any, if it can be proven, and if So it is not only President Bush who maybe 2 years, 3 years, 4 years, enough those benefits outweigh the grave risk, is urging us to slow down, but both time for us to develop a blue ribbon the tremendous risk associated with le- Democrat and Republican administra- panel of scientists, not with pre- galizing human cloning, and then try- tions. And you can understand why. It ordained notions but truly a group of ing to stop the implantation of the puts us on a very slippery slope if we— scientists who can help us as a nation clones. I think it puts our society at a and I hope we do not; and I am going to figure out what would be, if any, bene- great risk, at a great disadvantage, to fight to make sure we do not—start fits of human cloning, we have to real- try to regulate something we have with the premise that we can legalize ize that right now in the body of the never tried to regulate before. human cloning, authorize it, poten- law we are not even engaging in the The Feinstein-Kennedy approach is tially even fund it with Government full range of stem cell research that not a ban on human cloning; it is an funding; that we at least legalize it so holds tremendous potential for the dis- exception to the ban on human cloning. that millions of private dollars flow covery of cures for many of these dis- It would authorize and legalize human into the research on human cloning, eases. cloning for the first time in our Na- harvesting, creating these millions of We have very limited research on tion’s history. We have to be very care- embryos in labs all around the country stem cells going on in this country, ei- ful before we open what could be a Pan- and supporting their development in ther adult or embryonic stem cells. dora’s box or at least get us on a slip- labs all around the world—harvesting Why? Because we have not even come pery slope towards a system where we

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.043 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5661 have actually legalized and authorized but I do not share it. I have no theology. I do Yesterday it was yes to stem cells with sol- the development of human clones. not believe that personhood begins at con- emn assurances that there would be no em- If this study comes out and the re- ception. I support stem cell research. But I bryo manufacture. Today we are told: Forget search suggests the only way to find oppose research cloning. what we said about embryo manufacture; we It does no good to change the nomen- now solemnly pledge that we will experiment cures for this disease for this par- clature. The Harry and Louise ad asks, ‘‘Is it on only the tiniest cloned embryo, and never ticular individual might be to explore cloning?’’ and answers, ‘‘No, it uses an grow it—and use it—beyond that early ‘‘blas- the benefits or to explore the opportu- unfertilized egg and a skin cell.’’ tocyst’’ stage. nities in a clone, maybe some ethical But fusing (the nucleus of) a ‘‘somatic’’ What confidence can one possibly have in considerations would be outweighed if cell (such as skin) with an enucleated egg these new assurances? This is not a slide a life could be saved or if this is the cell is precisely how you clone. That is how down the slippery slope. This is downhill ski- Dolly the sheep was created (with the cell ing. And the way to stop it is to draw the only way to save a life. But we are not taken not from the skin but from the udder). anywhere near that. line right now at the embryo manufacture And that is how pig, goat, cow, mouse, cat that is cloning—not just because that line is I urge my colleagues to take a very and rabbit clones are created. right, but because the very notion of drawing close look at what Senator BROWNBACK The scientists pushing this research go lines is at stake. and Senator FRIST and I will suggest as Harry and Louise one better. They want to a compromise to get us through these substitute the beautifully sterile, high-tech [From the Washington Post, July 27, 2001] sounding term SCNT—‘‘somatic cell nuclear next years, using our good values and transfer’’—for cloning. Indeed, the nucleus of A NIGHTMARE OF A BILL our common sense and our ethics, al- a somatic cell is transferred into an egg cell (By Charles Krauthammer) ways promoting good research and to produce a clone. But to say that is not Hadn’t we all agreed—we supporters of good science, but not getting ourselves cloning is like saying: ‘‘No, that is not sex. stem cell research—that it was morally okay in a direction where we cannot pull It is just penile vaginal intromission.’’ De- to destroy a tiny human embryo for its pos- back and causing our population to scribing the technique does not change the sibility curative stem cells because these have to deal with the birth of a first nature of the enterprise. embryos from fertility clinics were going to Cloning it is. And it is research cloning be discarded anyway? Hadn’t we also agreed human clone. rather than reproductive cloning because the To then have to ask ourselves, why that human embryos should not be created intention is not to produce a cloned child but solely for the purpose of being dismembered didn’t we do something more to stop to grow the embryo long enough to dis- and then destroyed for the benefit of others? this and what do we do now that we member it for its useful scientific parts. Indeed, when Senator Bill Frist made that have the first clone alive and in the And that is where the secularists have brilliant presentation on the floor of the world—we have to think about it. their objection. What makes research Senate supporting stem cell research, he in- cloning different from stem cell research— cluded among his conditions a total ban on I hope we can come to terms with what pushes us over a moral frontier—is that this issue. That is why I wanted to creating human embryos just to be stem cell for the first time it sanctions the creation of farms. Why, then, are so many stem cell sup- spend some time speaking about it. a human embryo for the sole purpose of It is a very exciting time in science. porters in Congress lining up behind a sup- using it for its parts. Indeed, it will sanction posedly ‘‘anti-cloning bill’’ that would, in the creation of an entire industry of embryo We are exploring and inventing and dis- fact, legalize the creation of cloned human manufacture whose explicit purpose is not covering things people even 25 or 30 or embryos solely for purposes of research and creation of children but dismemberment for 40 years ago thought could never pos- destruction? research. Sound surreal? It is. sibly be. There are some wonderful It is the ultimate commodification of the There are two bills in Congress regarding things about science and discovery, but human embryo. And it is a bridge too far. cloning. The Weldon bill bans the creation of there are limits that sometimes need Reducing the human embryo to nothing cloned human embryos for any purpose, to be placed. We have now for the first more than a manufactured thing sets a fear- whether for growing them into cloned human some desensitizing precedent that jeopard- time in human history come to terms children or for using them for research or for izes all the other ethical barriers we have with the fact that we can create not a their parts and then destroying them. plant clone, not an animal clone, but constructed around embryonic research. This is not just my view. This was the view The competing Greenwood ‘‘Cloning Prohi- the potential to create a human clone. just months ago of those who, like me, sup- bition Act of 2001’’ prohibits only the cre- The question before the Congress is, ported federally funded stem cell research. ation of a cloned child. It protects and in- Should we start that process? I am say- The clinching argument then was this: deed codifies the creation of cloned human ing as simply as I can, before we start, Look, we are simply trying to bring some embryos for industrial and research pur- we had better be sure of what we are good from embryos that would otherwise be poses. discarded in IVF clinics. This is no slippery Under Greenwood, points out the distin- going to do, when basically the line we guished bioethicist Leon Kass, ‘‘embryo pro- draw is breached, as surely as it will be slope. We are going to put all kinds of safe- guards around stem cell research. We are not duction is explicitly licensed and treated one day, and make sure we can draw a about to start creating human embryos for like drug manufacture.’’ It becomes an in- line and set a framework in place that such research. No way. dustry, complete with industrial secrecy pro- minimizes the chances of a human Thus when Senators Tom Harkin and Arlen tections. Greenwood, he says correctly, clone being born in our lifetime or for- Specter were pushing legislation promoting should really be called the ‘‘Human Embryo ever. stem cell research in 2000, they stipulated Cloning Registration and Industry Facilita- I think it is definitely worth debat- that ‘‘the stem cells used by scientists can tion and Protection Act of 2001.’’ only be derived from spare embryos that Greenwood is a nightmare and an abomina- ing and worth considering. I yield back tion. First of all, once the industry of the remainder of my time. I see my col- would otherwise be discarded by in vitro fer- tilization clinics.’’ Lest there be any ambi- cloning human embryos has begun and thou- league from the great State of Con- guity, they added: ‘‘Under our legislation, sands are being created, grown, bought and necticut is with us. strict federal guidelines would ensure [that] sold, who is going to prevent them from Before I yield the floor, I ask unani- no human embryos will be created for re- being implanted in a woman and developed mous consent to have two articles by search purposes.’’ into a cloned child? Charles Krauthammer printed in the Yet two years later, Harkin and Specter Even more perversely, when that inevi- are two of the most enthusiastic Senate pro- tably occurs, what is the federal government RECORD. going to do: Force that woman to abort the There being no objection, the articles ponents of creating cloned human embryos for research purposes. clone? were ordered to be printed in the In testimony less than 10 months ago, Sen- Greenwood sanctions licenses and protects RECORD, as follows: ator Orrin Hatch found ‘‘extremely trou- the launching of the most ghoulish and dan- [From the Washington Post, May 10, 2002] bling’’ the just-reported work of the Jones gerous enterprise in modern scientific his- tory: the creation of nascent cloned human RESEARCH CLONING? NO. Institute, ‘‘which is creating embryos in order to conduct stem cell research.’’ life for the sole purpose of its exploitation (By Charles Krauthammer) The stem cell legislation Hatch was then and destruction. Proponents of research cloning would love supporting—with its ‘‘federal funding with What does one say to stem cell opponents? to turn the cloning debate into a Scopes strict research guidelines,’’ he assured us— They warned about the slippery slope. They monkey trial, a struggle between religion was needed precisely to prevent such ‘‘ex- said: Once you start using discarded em- and science. It is not. tremely troubling’’ procedures. bryos, the next step is creating embryos for Many do oppose research cloning because That was then. Hatch has just come out for their parts. Frist and I and others have ar- of deeply held beliefs that destroying a research cloning whose entire purpose is gued: No, we can draw the line. human embryo at any stage violates the ‘‘creating embryos in order to conduct stem Why should anyone believe us? Even before sanctity of human life. I respect that view, cell research.’’ the President has decided on federal support

VerDate 11-MAY-2000 03:47 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.046 pfrm01 PsN: S18PT1 S5662 CONGRESSIONAL RECORD — SENATE June 18, 2002 for stem cell research, we find stem cell sup- know of buys insurance to protect its This is not a matter of speculation porters and their biotech industry allies try- equipment, its property, its stock, to anymore. Notices have effectively gone ing to pass a bill that would cross the line— guard against liability, and to safe- out, discussions have occurred, letters not in some slippery-slope future, but right guard its employees, for instance, have been exchanged between rein- now. Apologists for Greenwood will say: Science under State workers compensation surers and insurers and those who are will march on anyway. Human cloning will laws. Property and casualty insurance insured, as we read in the paper today. be performed. Might as well give in and just is required by investors and share- That uncertainty on the part of the regulate it, because a full ban will fail in any holders. Of course, it is required by insurance industry has now come to event. banks that lend for construction of new the point where it is haunting con- Wrong. Very wrong. Why? Simple: You’re a buildings or other projects. sumers and will hurt consumers, pur- brilliant young scientist graduating from In the event property and casualty chasers of insurance, developers, busi- medical school. You have a glowing future in insurance for major causes of loss is nesses, and real estate owners. Amer- biotechnology, where peer recognition, pub- not available or is prohibitively expen- ican businesses will not be able to get lications, honors, financial rewards, maybe sive, businesses face very painful even a Nobel Prize await you. Where are you the policies they need at a reasonable going to spend your life? Working on an out- choices and, in fact, will probably end price. They will not be able to get the lawed procedure? If cloning is outlawed, pro- up being paralyzed. Construction financial protection they require. cedure? If cloning is outlawed, will you de- projects will come to a halt, and banks There is nothing we can do in Con- vote yourself to research that cannot see the will not lend. If one multiplies this gress within the limits of our Constitu- light of day, that will leave you ostracized across an economy, the impact will be tion, as I read it, to require by law that and working in shadow, that will render you quite severe and particularly difficult insurance companies write policies liable to arrest, prosecution and disgrace? and painful at this time as our econ- True, some will make that choice. Every that they do not want to write because omy remains uncertain and flat. of what they evaluate to be a market generation has its Kevorkian. But they will We are here today because the ability be very small in number. And like and financial factor, but we can and Kevorkian, they will not be very bright. of businesses to continue buying insur- must avoid creating the conditions The movies have it wrong. The mad sci- ance will be placed at severe risk if we that force reinsurers to drop insurers entists is no genius. Dr. Frankensteins in- fail to address the way life and risk and insurers to drop American busi- variably produce lousy science. What is have changed since the attacks on nesses or charge such exorbitant rates Kevorkian’s great contribution to science? A America of September 11. Underwriting that they may as well be dropping suicide machine that your average Hitler an insurance policy obviously requires Youth could have turned out as a summer them off their rolls. companies to assess that risk and to We have to intervene in this process camp project. estimate damages in a way that is Of course you cannot stop cloning com- to create a backup, to create enough much more tangible than most of us pletely. But make it illegal and you will security for reinsurers to reenter the have robbed it of its most important re- have done, although we know our lives market and for insurers to continue to source: great young minds. If we act now by and our history were changed on Sep- insure American businesses and keep tember 11. passing Weldon, we can retard this mon- them going and growing hopefully at For those in business and in the busi- strosity by decades. Enough time to regain this stage in our economic history. our moral equilibrium—and the recognition ness of insurance or reinsurance, this In recognition of this serious crisis, that the human embryo, cloned or not, is not comes down to an attempt to evaluate State regulators are already consid- to be created for the sole purpose of being that risk in terms of probabilities and ering terrorism exclusions, as they poked and prodded, strip-mined for parts and ultimately dollars and cents. then destroyed. In the case of claims for damages must, consistent with their responsibil- If Weldon is stopped, the game is up. If caused by terrorist attacks, there is ities to oversee the solvency of the in- Congress cannot pass the Weldon ban on surance industry, but State laws will cloning, then stem cell research itself must obviously no easy way to do this. There are so many uncertainties, but one only patch the problems and leave not be supported either—because then all the businesses without the insurance they vaunted promises about not permitting the thing is certain, and that is that losses creation of human embryos solely for their from terrorist attacks, as we have al- need to continue operating. They will exploitation and destruction will have been ready painfully seen and felt, can cost not eliminate the crisis. It is clear, shown in advance to be a fraud. tens of billions of dollars, and under therefore, that we in Congress must f worse case scenarios, possibly hundreds act, and this sensible legislation is of billions of dollars. clearly the way to do it. This legisla- TERRORISM RISK INSURANCE ACT tion will provide businessowners with OF 2002—Continued Insurance is a very competitive in- dustry, but what most Americans, al- the opportunity to buy insurance The PRESIDING OFFICER. The Sen- though most have contact with some against terrorism claims and to do so ator from Connecticut. form of insurance, may not realize is in the private market as well. It would Mr. LIEBERMAN. I thank the Chair. that insurance companies need and buy establish a temporary Federal back- Madam President, I rise to speak in their own insurance. In other words, stop for insurance to cover against favor of S. 2600, the Terrorism Risk In- they are dependent on so-called rein- damages resulting from terrorist at- surance Act of 2002. Before I get to the surers that help them spread the risks tacks, a program that would last for a substance of the measure, I thank and that they assume when they sell insur- year and gives the Secretary of the praise my colleague and friend from ance to us and cover their losses. Treasury authority to extend the pro- Connecticut, Senator DODD, for his ex- When reinsurers will not renew their gram for another year. traordinary work in drafting a prac- contracts unless they contain ter- This temporary backstop is intended tical, effective solution to the terror rorism exclusions or limitations, there to provide the insurance industry with insurance crisis. are going to be an awful lot of insur- time to assess the dramatically As we all know, this has been an ar- ance companies that will not be able to changed risk of claims resulting from duous and, at times, frustrating proc- provide terrorism coverage, in most terrorist attacks. ess. Senator DODD has proven to be not cases not at any cost but in other cases As the industry determines how to only tenacious but almost divinely pa- only at a prohibitive cost. That is not price the risk and determine appro- tient in pursuit of this legislation. I just a possibility today; that is a very priate premium levels for terrorism in- congratulate him and thank him for real probability. surance, hopefully the need for the the success that I am confident this Across the country, insurers are in Federal emergency backstop we are bill will enjoy when it is voted on a lit- danger of losing their contracts with creating will lessen. tle more than an hour from now. reinsurers because of the reinsurers’ I do point out that what this legisla- I wish to speak for a moment about unwillingness to accept the risks of tion will accomplish is not unprece- why this is so important, perhaps as a possible terrorist attacks. If this hap- dented. In fact, the Federal Govern- summary as we approach the vote. pens, and the insurers are not able to ment has a history of partnering, if I Property and casualty insurance is include terrorism exclusions or limita- can put it that way, with the insurance not an optional matter for businesses tions, insurers may not be able to offer industry to provide coverage for risks in our country. Nearly every business I any policy at any price. that are just too big or unpredictable

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.015 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5663 or uninsurable, literally, for the indus- we need to be addressing terror and business, the large business, anyone try to handle alone. I cite as examples fear in our country. who is paying the high prices of pre- the flood insurance programs, the crop I rise today to urge my colleagues, on scription drugs. If you go to insurance programs, or the nuclear li- both sides of the aisle in the Senate, to fairdrugprices.org, you can get in- ability insurance programs that the come together and support a com- volved, sign a petition, communicate Federal Government is involved in as a prehensive Medicare prescription drug with us about what needs to be done. I supplement or assist or backstop to benefit, to support the bill that my col- urge everyone who is listening today to private insurance industries. Those leagues, Senator GRAHAM and Senator do that. risks are, in some ways, actually more MILLER, have introduced—I am pleased I am very concerned that as we are insurable than terrorism, but in each to be a cosponsor of that bill—as a debating the priorities of the country— case the Federal Government stepped comprehensive response to the terror and last week we were debating wheth- in because we understood the very real our seniors are experiencing when they er or not to extend a tax cut that we risk of people having their policies are not able to get the desperately know goes overwhelmingly to those at dropped and being left without basic needed medications they need to re- the very top in terms of the estate tax protection. main in their home, to remain healthy, and the extension of the tax cut that In the interest of economic security to be able to continue to live their was put into place for 10 years. and in some sense of consistency, we lives. It bothers me when I see that in the now have to offer the American people I was very concerned to see over the year 2012, when this would be extended, a similar guarantee after September 11 weekend and to read today about the the tax cut would cost $229 billion, that insurance coverage will be offered actions the House Republicans are tak- which is three times more than they in the case of terrorism. ing at this very moment. I was hoping, want to dedicate in the House for pre- Again, I congratulate Senator DODD when we pointed out the inadequacies scription drug help, three times more and all those who have worked with in the bills they have been talking than what they are willing to provide him, as well as members of the Bank- about, they would make corrections so for our seniors and people who are dis- ing Committee, and, not surprisingly, that we could move together on a com- abled or families who have disabled because of the suffering endured in New prehensive bill that is effective for our children, three times more for a tax York in human and economic terms, seniors and actually helps them. cut to the very wealthiest Americans our colleagues from New York, Senator I am very concerned, when I see the who, it is my guess, are not worried SCHUMER and the occupant of the chair, numbers, about what is happening. The about whether or not they can buy Senator CLINTON. I thank them all for bills that are being put forward by the their medicine. They are not having to their leadership. I thank everyone for Republicans appear to have very little struggle and go into the pharmacy, the ultimate spirit of accommodation positive effect and in some cases could look at the bill after they give their that will, I am confident, allow this even be argued to hurt the situation. prescription, and walk away with the bill to pass. We need it to become law Families USA has come up with an pills still sitting on the counter be- as soon as possible, and I am hopeful analysis, and I will quote from their cause they were not able to afford to that today’s action will be to exactly analysis, about the percentage of out- pay for them. that result before it is literally too of-pocket expenditures that seniors My guess is that the folks who are late. would have at various levels of their being proposed for another tax cut are The PRESIDING OFFICER. The Sen- drug costs under the House Republican not deciding whether they are going to ator from Michigan. plan. For a senior who needed to spend cut their pills in half or take them Ms. STABENOW. Madam President, I $1,000 a year, they would find they every other day or not at all. ask unanimous consent that I be recog- would still pay 81 percent of that $1,000 I support efforts on tax relief, and I nized to speak as in morning business. under the House plan. If they had a support our family-owned businesses The PRESIDING OFFICER. Without $2,000 bill per year, they would still pay and farmers not having to pay the es- objection, it is so ordered. about 65 percent. If they had a $3,000 tate tax, but I also know there is a way f bill per year, they would pay about 77 to set priorities that will make sure we percent out of their pocket. If they had are keeping the promise of Medicare FAIRDRUGPRICES.ORG a $4,000 bill per year, they would be that was set up in 1965. Ms. STABENOW. Madam President, I paying 83 percent of it. I cannot believe In 1965, one of the great American appreciate my colleague from Con- all of the effort by our colleagues in success stories was passed by this Con- necticut speaking about the bill that is the House that is going into passing gress, and that was the promise of before us, and I certainly share his be- this kind of prescription drug legisla- health care coverage for our seniors liefs about the need for terrorism in- tion for our seniors. That is not good and the disabled. But because we have surance and hope we will be passing enough. We can do better. changed the way we provide health this bill shortly. I found, though, that I am so pleased our leader has made care today, people are not going into as I was listening to him today, I was a personal commitment to make sure the hospital, probably not going in for thinking about another kind of terror, we bring this bill up in July and we an operation; instead, they have the and insurance we need to be providing, vote on this bill for Medicare prescrip- ability—all of us do, and a blessed op- and that is the terror that too many of tion drug coverage. I am very pleased portunity—to remain at home, to re- our citizens, particularly our seniors, our bill would in fact provide real cov- ceive prescriptions rather than having experience when they find themselves erage of 60 percent, 70 percent, of the an operation. But Medicare does not in a situation with an illness and they bill. We would cover the majority of cover those outpatient prescriptions. cannot afford the medications they the prescription drug bill for our sen- So the great American success story need to be well. iors. that was passed in 1965 is no longer pro- I think of the terror a breast cancer So I am urging once again that our viding the promise of health care. We patient feels when she is told she needs citizens across the country get engaged are committed to making sure that we tamoxifen and cannot afford the $136 a in this debate to make sure that what modernize Medicare, that we update it month, which it is in Michigan, to pur- happens in the Congress is the right ac- to cover the prescription drugs. I chase that tamoxifen. I think of the tion. There are a number of consumer worry, as I see all of the effort going on terror a family with a disabled child groups and senior groups that have in the other side of the building by our feels when they cannot get the medi- come together across the country to Republican colleagues, all of the effort cine they need, or the terror of a small form a Web site, fairdrugprices.org. I of not only one committee but two business man or woman when they see urge people to go to this Web site, log committees, and two bills, and then we their health care premiums rise 30 to 40 on, and sign the petition that they look at what they are providing, and percent this year. They know the ma- have set up calling on all of us to cre- we see that on average they are pro- jority of that is because of the explo- ate a meaningful prescription drug ben- viding 20 percent of the costs of pre- sion in the costs of prescription drugs. efit and lower prices for everyone: For scription drugs. That means 80 percent So there are a number of ways in which the senior, for the farmer, the small is being paid for out of the pockets of

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.053 pfrm01 PsN: S18PT1 S5664 CONGRESSIONAL RECORD — SENATE June 18, 2002 our seniors. I suggest that is not the able. The House Republicans, by contrast, I think we have about 14 minutes best priority for our country. have a plan that would quickly turn into a each. Is that right? I am very concerned that this is a fiasco—but not, of course, until after the The PRESIDING OFFICER. The Sen- complicated system they are setting next election. ator from Texas has approximately 10 up. There are gaps between $2,000 of He then goes on to say: minutes 30 seconds. out-of-pocket expenses a year and . . . Senate Democrats have a plan that is Mr. GRAMM. Mr. President, when $4,500 or $5,000—we are not sure which sensible and workable, but House Repub- terrorism insurance was first proposed, number they will end up with—but that licans surely won’t agree to anything resem- the whole logic was that we were going bling that plan. Senate Democrats might be gap leaves no help for a senior with a bullied into something resembling the House to have the Federal Government step bill from $2,500 to $5,000. That gap be- Republican plan, but since that plan is com- in to help provide insurance coverage tween $2,000 and $5,000 is a gap leaving pletely unworkable, that’s the same as get- and pay claims when there was a cata- seniors to pay the premium while re- ting no drug plan at all—which, I suspect, is clysmic event. ceiving no assistance. what the Republican leaders really want in When we first started debating this There are serious problems. I am told any case. issue in the House of Representatives, half of Medicare beneficiaries will re- We are not going to be bullied into a insurance companies had to pay back ceive no drug coverage for at least part plan that does not do the job. There is money that was paid by the Federal of the year. Half of the Medicare bene- no doubt in my mind. We have a com- Government over $1 billion. When we ficiaries will receive no help for at mitment. Our seniors have heard for debated it in the Senate, we concluded least part of the year under the pro- too long, too many election cycles, that if it had to be paid back, you were posal now being considered in the that Medicare will cover prescription not providing the assistance we sought, House of Representatives. drugs. I know a lot of seniors are say- but we were sure when we initially de- I am also concerned that rather than ing nothing will ever change. Yet the bated this subject we had a very sub- relying on the Part B premium as we prices keep going up, the need for care stantial amount of money that the have provided health care to this point keeps going up, and the choices the companies had to pay before the Fed- to a private sector/private sector-pub- seniors have to make keep getting big- eral Government got in the business of lic sector working together on Medi- ger and bigger and bigger. having to pay. The amount the compa- care, they are discussing having pri- We can do better than that. We in the nies have to pay before the Federal vate insurance companies create pre- Senate are committed to doing better Government starts paying is called scription drug-only policies and relying than that. I urge everyone listening ‘‘retention.’’ on private insurance companies to pro- today to engage in this fight with us. When we first started to debate this vide this coverage. There are six drug company lobbyists issue, and when we reached an initial We hear the insurance companies do for every one Member of the Senate. bipartisan agreement in October, I be- not want to write those policies. If We need the people’s voice. We are will- lieve it was that companies were re- those were profitable policies, they ing and able and determined to bring a quired to pay $10 billion before the Fed- would already be writing the policies. comprehensive Medicare prescription eral Government came in to pay It is not profitable to write prescrip- drug bill to the floor of the Senate in claims. Above that $10 billion, the Fed- tion-only policies for people who need July. We urge everyone to get involved eral Government was to pay 90 percent prescriptions. The idea is to spread the in this debate. of the next $90 billion. The logic of the risk between those who are healthy There are substantive differences in retention—the amount that the insur- and those who need care. Those who plans and how they will affect seniors ance companies had to pay—was basi- are likely to want an insurance policy and families. We need to get through cally, No. 1, that the insurance compa- for prescription drugs probably are the smoke and mirrors and down to the nies are selling this insurance and col- using prescription drugs. Insurance in- facts, look at comparisons, have honest lecting premiums. The fact that they dustry folks say they are not inter- critiques, and pass a bill that works ested. would cover the initial cost was immi- and makes sense. It is time to com- nently logical. What do our Republican colleagues pletely fulfill the promise of 1965 with do? They give dollars to the insurance No. 2, we wanted to protect the tax- the passage of Medicare, and 2002 is a payer unless there was a cataclysmic companies to provide this coverage great time to do it. It is long overdue. rather than providing it under Medi- event. I invite people to engage in this de- Thirdly, the whole objective of our care. The Republican bill allows Medi- bate and make sure the best proposal care to pay insurance companies more bill was to try to encourage the devel- passes and passes quickly. I suggest re- opment of reinsurance and to encour- in order to write these policies rather viewing www.fairdrugprices.org and get than just using the Medicare process age syndication so that no one insur- involved. ance company would write an insur- that has worked so well. I suggest the absence of a quorum. There are a lot of flaws. They are The PRESIDING OFFICER (Mr. ance policy on the Empire State Build- ing. There might be a lead insurance using a structure that does not work REED). The clerk will call the roll. with private insurance companies rath- The legislative clerk proceeded to company that would write the policy. er than having the clout of 40 million call the roll. But then they would syndicate and sell seniors under Medicare, enabling a low- Mr. GRAMM. Mr. President, I ask off part of the insurance to other com- ering of the prices, using a system that unanimous consent that the order for panies, or they would simply go into a is tried and true; they want to bring in the quorum call be rescinded. reinsurance market and sell all or part a new system. The reality is there is no The PRESIDING OFFICER. Without of the policy—the idea being to dis- interest in the private sector to pro- objection, it is so ordered. tribute the risk not just throughout vide this type of insurance. f the United States but throughout the We see on the other side of the aisle, world. and the other side of the building, two TERRORISM RISK INSURANCE ACT When we reached an agreement in committees working on legislation OF 2002—Continued October, the companies had to pay $10 that, in fact, will do little to help our The PRESIDING OFFICER. The billion before the taxpayer got in- seniors, those with disabilities who Chair notes that the time between the volved. Many Members of the Senate need help with prescription drugs. We two Senators is equally divided. thought that was too low. We reached can do better. We have the opportunity Mr. GRAMM. Mr. President, we are an agreement. We announced it, and to do better. coming down to a vote at 4:45. I intend the White House signed off on it. I share from this morning’s New to vote no. I don’t expect many other We also protected victims of ter- York Times a portion of a column by Members to vote no, nor am I encour- rorism from punitive damages and Paul Krugman, outlining what is hap- aging people to vote no. But I want to predatory losses. pening. I encourage Members to read try to explain the problem I have and In December, we still had not passed this. He says: explain a little bit of the history of a bill. We were 3 weeks away from 80 . . . the Senate Democrats have a plan this bill so people know where we are percent of the insurance policies in that can be criticized but is definitely work- coming from. America expiring. There was a belief

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.056 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5665 that if we did pass a bill right at the pays, that we are going to reduce the right back here, and the argument will end of the session there would not be incentive that companies will have to be made that there is no syndication, enough time for syndication and rein- spread the risk to syndicate, to develop that there is no secondary market, surance to develop. So the bill that was reinsurance, and that 2 years from now, and, therefore, the Government has to written at that time had an individual when the bill expires, none of these sec- stay in the terrorism insurance busi- company retention but not a $10 billion ondary markets will have developed, ness. retention. the Government will have become the We can fix that by changing this bill. This is still very much confused by primary risk taker, and we will end up We have not done that. That is why I the media in writing on this subject. extending this indefinitely. am opposed to it. The net result is that the biggest in- In World War II we had a Govern- The PRESIDING OFFICER. The Sen- surance company in America—AIG— ment program, but we knew World War ator from Connecticut. has a retention of about $1.6 billion. II was going to end with the signing of Mr. DODD. Mr. President, if I may, I The smallest insurance companies in a peace treaty. This war is going to end want to engage, before some final com- the country might have a retention with the death of some terrorist, and ments, in a couple of housekeeping that would be in the tens of millions. we are not going to know he was the matters. That means that is what they have to last terrorist in the world. AMENDMENT NO. 3862 pay before the taxpayer pays. So I am very concerned that unless First, Mr. President, what is the That has several problems. we raise this retention level, unless we pending business before the Senate? No. 1, companies have already col- make companies that have collected The PRESIDING OFFICER. The lected premiums. Premiums have gone the premiums pay a substantial pending business before the Senate is up. They had to go up because risks amount of money before the taxpayer amendment No. 3862. have gone up. But premiums have gone pays, that we are never going to get Mr. DODD. Mr. President, I make a up, and insurance companies have col- the Government out of this area of in- point of order that the Specter amend- lected these premiums. When they surance. ment is not germane post cloture. wrote the insurance policy, they had Our whole focus from the beginning— The PRESIDING OFFICER. The no taxpayer backup whatsoever. Now in fact, I have never heard a Democrat point of order is well taken and the we are coming along, and instead of or Republican suggest otherwise—has amendment falls. having $10 billion that the industry has been that this was a bridge to help us AMENDMENTS NOS. 3872, 3874 THROUGH 3879, 3881, to pay before the taxpayer pays, in get through this period of great uncer- 3883, 3884, 3885 THROUGH 3887, 3889, AND 3890 some cases some insurance companies tainty so that ultimately these risks Mr. DODD. Mr. President, I ask unan- will have to pay only millions of dol- could be built into insurance rates. imous consent it be in order for the lars before the taxpayer steps in and That is where we are. I think we are Senate to consider en bloc the fol- pays. making a mistake by not requiring the lowing amendments; that the amend- It doesn’t take a great knowledge of people who collected these premiums ments be considered and agreed to en economics or arithmetic to figure out to pay a substantial amount of money bloc, and the motion to reconsider be that when people wrote policies and first. I think we are planting the seeds laid upon the table en bloc, without collected premiums based on having to to get Government permanently in the further intervening action or debate: pay the full cost if a claim was made insurance business. amendments Nos. 3872, 3874 through and the Government is going to come Something happened, and it is per- 3879, 3881, 3883, 3884, 3885 through 3887, in and pay 90 percent of the claim fectly reasonable that it would happen. 3889, and 3890. above only a few million dollars in the When we were talking about the indus- The PRESIDING OFFICER. Is there case of some insurance companies, that try having to pay $10 billion before the objection? you are going to create a very substan- taxpayer paid, the industry was de- Mr. GRAMM. Will the Senator yield? tial shifting of wealth from the tax- lighted that they were going to have Reserving the right to object. payers to the people who have written the backup of the taxpayer. But in De- The PRESIDING OFFICER. The Sen- the policies, if there is a major claim. cember it was suggested that the in- ator from Texas. And, at a minimum, you are shifting a dustry could pay tens of millions of Mr. GRAMM. Did the Senator include substantial amount of risk from the in- dollars before the taxpayer paid. And 3884? surance company to the Federal Gov- even though all those insurance poli- Mr. DODD. I did. ernment. cies expired on January 1, many of Mr. GRAMM. I would just like to say I am one of a handful of Members of them were rewritten at substantially that we do not have any objection. the Senate who thought we ought to do higher premiums. I am not com- These are amendments that were a bill. In fact, at one point, I was one plaining. Premiums have to go up be- agreed to. of the few people willing to stand up cause risks have gone up. But now to The PRESIDING OFFICER. Without and say so. suggest that we should not make the objection, it is so ordered. I have always believed if we were industry pay up to $10 billion before The amendments (Nos. 3872, 3874 going to do a bill we had to have a sub- the taxpayer pays, I think, is basically through 3879, 3881, 3883, 3884, 3885 stantial industry retention so the peo- going back on the deal in which we en- through 3887, 3889, and 3890) were ple collecting the premiums paid first, gaged. agreed to, as follows: and also so that we had an incentive I do not doubt that if I were in the in- AMENDMENT NO. 3872 for industry to syndicate to spread the surance business I would probably want On page 5, line 3, insert ‘‘or vessel’’ after risk, and an incentive to develop rein- the Government to pay the whole ‘‘air carrier’’. claim, and I would want to collect the surance. AMENDMENT NO. 3874 I am very concerned that the bill, as policy, I would want to collect the pre- On page 9, line 19, strike ‘‘the period’’ and it is now written, represents an unwar- miums. But I think we have a gross all that follows through line 22 and insert ranted shift of risk from the insurance overreach here that puts the taxpayer the following: ‘‘the 1-year period beginning companies to the taxpayer. If there is, at risk at an unjustifiable level. on the date of enactment of this Act; and’’. God forbid, another attack, it will Finally, and most importantly, I am mean the shifting of billions of dollars concerned that the incentives we are AMENDMENT NO. 3875 from the taxpayer to the insurance creating here will induce companies On page 10, beginning on line 2, strike ‘‘the companies. not to syndicate, not to spread risk as period’’ and all that follows through ‘‘2003’’ But the biggest concern I have is not much as they would; and, as a result, on line 3, and insert ‘‘the 1-year period begin- about taxpayer risk or about the unin- the Government will pay sooner. I am ning on the day after the date of expiration of the period described in subparagraph (A)’’. tended shift of billions of dollars to pri- worried that secondary markets will vate interests from the taxpayer. The not develop and the Government will AMENDMENT NO. 3876 biggest concern I have is that by reduc- not be able to get out of the insurance On page 10, line 17, insert before the semi- ing the amount that the companies business. And I am very much con- colon ‘‘, including workers’ compensation in- have to pay before the Government cerned that 2 years from now we will be surance’’.

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.058 pfrm01 PsN: S18PT1 S5666 CONGRESSIONAL RECORD — SENATE June 18, 2002 AMENDMENT NO. 3877 AMENDMENT NO. 3886 thank Senator LOTT and others who On page 11, line 4, strike the period and in- On page 16, beginning on line 4, strike ‘‘the understood the importance of raising sert the following: ‘‘; or period’’ and all that follows through ‘‘2003’’ this issue. I thank Senator SARBANES, ‘‘(iii) financial guaranty insurance.’’. on line 6, and insert the following: ‘‘the 1- the Chairman of the committee, and year period beginning on the day after the Senator CORZINE, who has been tremen- AMENDMENT NO. 3878 date of expiration of the period described in dously helpful on this. Senator SCHU- On page 11, line 14, strike ‘‘all States’’ and subparagraph (A)’’. MER has also been tremendously help- insert ‘‘the several States, and includes the territorial sea’’. AMENDMENT NO. 3887 ful. On page 16, between lines 19 and 20, insert I would also like to thank the 17 AMENDMENT NO. 3879 the following: members of the minority this morning On page 11, between lines 14 and 15, insert (D) PROHIBITION ON DUPLICATIVE COMPENSA- who voted to invoke cloture. Without the following: TION.—dThe Federal share of compensation their support, we would not be voting (14) RULE OF CONSTRUCTION FOR DATES.— for insured losses under the Program shall be on this measure today and moving this With respect to any reference to a date on reduced by the amount of compensation pro- process along. this Act, such day shall be construed— vided by the Federal Government for those Additionally I would like to express insured losses under any other Federal insur- (A) to begin at 12:01 a.m. on that date; and my gratitude to President Bush and (B) to end at midnight on that date. ance or reinsurance program. Treasury Secretary Paul O’Neill. They AMENDMENT NO. 3881 AMENDMENT NO. 3889 were very involved in the last few days On page 24, line 7, strike ‘‘2003’’ and insert On page 23, line 19, insert ‘‘5(d),’’ before in getting support for this particular ‘‘the second year of the Program, if the Pro- ‘‘and’’. effort. So I thank all of them. gram is extended in accordance with this This is an important moment. This section’’. AMENDMENT NO. 3890 particular proposal or ideas like it On page 23, line 25, strike ‘‘10(b)’’ and in- have been sought by a very diverse AMENDMENT NO. 3883 sert ‘‘9(b)’’. group of people in the country. Orga- On page 21, strike lines 1 through page 22, Mr. DODD. I thank my colleague nized labor to real estate, insurance line 14 and insert the fillowing: from Texas. groups—small businesses and large— (1) IN GENERAL.—The Program shall termi- Mr. President, let me point out, one the list is very long of those insurance nate 1 year after the date of enactment of of these amendments is an amendment consumers who have demanded that we this Act, unless the Secretary— that was raised by our colleague from (A) determines, after considering the re- act in this area. port and finding required by this section, Florida, Senator BILL NELSON. I thank And why? Very simply, there is a that the Program should be extended for one him for his work on that amendment. I major problem continuing to grow out additional year, beginning on the day after appreciate the willingness of the Sen- there. We have seen it growing every the date of expiration of the initial 1-year ator from Texas to agree to that day. There was a headline even today period of the Program; and change we made in the legislation. in the local newspaper here in Wash- (B) promptly notifies the Congress of such Mr. President, if I may, I would like ington talking about a major problem determination and the reasons therefor. to speak on this bill in the few remain- with the number of mortgage holders, (2) DETERMINATION FINAL.—The determina- ing minutes we have before the vote. the GMAC Corporation. tion of the Secretary under paragraph (1) shall be final, and shall not be subject to ju- This bill has been 9 months in the proc- We heard the other day from the dicial review. ess. commercial mortgage-backed security (3) TERMINATION AFTER EXTENSION.—If the I would like to begin by thanking my industry, and the some $7 billion in de- Program is extended under paragraph (1), the good friend from Texas. We began to- cline they have experienced in the first Program shall terminate 1 year after the gether on this legislation a long time quarter. We have a real bottleneck oc- date of commencement of such extension pe- ago, a few weeks after the tragic events curring in major construction projects, riod. of September 11. In fact, I recall, very real estate, and development projects (b) REPORT TO CONGRESS.—Not later than 9 vividly, my friend from Texas leaning across the country in cities large and months after the date of enactment of this Act, the Secretary shall submit a report to over to me and saying we ought to do small. Congress— something in the area of terrorism in- Yesterday, in my home State of Con- (1) regarding— surance, not that we called it that at necticut, Simon Konover, a wonderful (A) the availability of insurance coverage that particular time, but it was the developer in my State, has a small for acts of terrorism; same idea that is contained in the leg- hotel, not a large one, at Bradley Inter- (B) the affordability of such coverage, in- islation before the Senate today. national Airport. And he can get no cluding the effect of such coverage on pre- So despite whatever differences we terrorism insurance. That is not a miums; and may have at this particular moment, I major development project—it is a (C) the capacity of the insurance industry to absorb future losses resulting from acts of would like to acknowledge his active small hotel at a regional airport—and terrorism, taking into account the profit- involvement with this issue. He is one he cannot get terrorism insurance at ability of the insurance industry; and of the few people who was consistently any cost. So this isn’t just major devel- (2) that considers— interested in trying to get something opment; it is also small projects where, (A) the impact of the Program on each of done here over these many months. at any cost, you cannot get this prod- the factors described in paragraph (1); and It has taken us a long time. This is uct. And if you can get it, it is very (B) the probable impact on such factors an arcane subject matter. We are lit- costly, as my colleague from Texas has and on the United States economy if the erally doing something we have never already stated. And I agree with him. Program terminates 1 year after the date of done before, at least that I know of. This bill is designed to, one, free up enactment of this Act. Back in World War II, for acts of war, that bottleneck, to get the process AMENDMENT NO. 3884 the Federal Government acted as an in- moving again. On page 12, strike lines 15 through 19 and surance company. But, obviously, we We will know shortly whether or not insert the following: ‘‘of enactment of this are not duplicating that here. We are what we have done is going to provoke Act, on a separate line item in the policy, at trying to provide a temporary back- that response. We believe it will. This the time of offer, purchase, and renewal of stop, if you will, to allow this market is a 12-month bill with a possible 12- the policy; and to redevelop over the coming months. month extension. It is going to take a ‘‘(B) in the case of any policy that is issued So I thank my colleague from Texas Herculean effort to get more than that. before the date of enactment of this Act, as for his involvement, despite the fact he Our colleagues believe that 2 years is a line item described in subparagraph (A), may disagree with the product we are about what they are willing to try at not’’. going to be voting on in a few short this particular program. So remember, AMENDMENT NO. 3885 moments. we are talking about 12 months with a On page 15, line 3, strike ‘‘the period’’ and I would like to thank the leadership. possible extension of 12 more in order all that follows through line 6, and insert I thank Senator DASCHLE and Senator to get this moving. ‘‘the 1-year period beginning on the date of REID who have been tremendously This legislation is critically impor- enactment of this Act—’’. helpful in putting this bill together. I tant for American workers. We hope it

VerDate 11-MAY-2000 01:55 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.016 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5667 will dampen the tremendous increase get the bill done. We can send it to the Due to the urgency of the problems that could occur, in the absence of this President, and we will try to resolve that currently exist in the marketplace bill being done, in premium costs. And the issue this problem has posed for all for terrorism coverage, however, the it is going to make available a product of us. bill requires that once the Federal pro- that we think is going to be critically STATE PREEMPTION gram is in place, the States must allow important so that people such as Mrs. BOXER. Mr. President, I recog- rates for terrorism coverage to take ef- Simon Konover in my State will be nize the need to move forward on this fect immediately, without being sub- able to obtain insurance against ter- terrorism insurance bill. I had filed an ject to a preapproval requirement or a rorist acts. It is going to mean that amendment regarding the state pre- waiting period. The States would, of smaller insurance companies can be in- emption language in this bill. I will not course, retain full authority to dis- volved in this, not just large insurers. offer that amendment, but I wonder if approve any rates that violate State One of the reasons we put retention the Senator from Connecticut will en- laws, which are inadequate, unfairly caps on individual companies is be- gage in a colloquy with me about that discriminatory, or excessive. cause without doing that you force in- provision. I understand that my colleague from solvency upon smaller insurance com- Mr. DODD. I would be happy to. California, Senator BOXER, has some panies. Consumers would have very Mrs. BOXER. I thank the Senator. concerns about this provision and its limited choices where that product was This bill would preempt state law effects. I appreciate her interest in this unavailable, God forbid we do have an with regard to the prior approval or a issue, and I want to assure my col- event. The idea that insurers are going waiting period of terrorism risk insur- league that I will work with her as this to go out and gouge their customer ance. Specifically, section 7 states, bill moves to conference to try to ad- base for 1 year with the hopes then of ‘‘rates for terrorism risk insurance dress her concerns, and to ensure that retaining that customer base after this covered by this Act and filed with any this provision is as narrowly crafted as bill expires is unrealistic, in my view. State shall not be subject to prior ap- possible. I have told my colleague from Texas proval or a waiting period, under any CLARIFICATION OF LEGISLATIVE LANGUAGE that, as we go into conference, if we law of a State that would otherwise be Mr. BROWNBACK. Mr. President, I can get to conference, I am willing to applicable.’’ would like to correct the RECORD on a try to work out something that will at This language would preempt the law point that I made during a brief floor least deal with some of the issues he of the State of California and 21 other discussion between myself and Senator has raised with the potential problems States where prior approval mecha- SPECTER. he sees in the retention area. nisms for increases in insurance rates At the time, I was under the impres- On tort reform, the House has signifi- have been put into place to keep insur- sion, given a previous understanding cant tort reform. We have some tort re- ance companies from gouging con- with the leadership, that my legisla- form in this bill. All of us understand sumers. tive language on the issue of human we are going to probably come back The bill before us does allow States cloning had been provided to the ma- with some additional limited tort re- to invalidate excessive rates after the jority leader. Included in my legisla- form. That is the way things work out fact. But it will do nothing for con- tive language is a section that pertains when you have a conference between sumers who have already paid too to the patenting of human embryos. the House and the Senate. I am con- much. Prior approval mechanisms are I am now informed that apparently fident that will be the case as well. I the only way to protect consumers be- that legislative language was never ex- hope our colleagues will support this fore sky-high rates go into effect. changed. I apologize for any confusion that effort. I understand that my colleagues who this misunderstanding may have As I say, it has been 7 months. We are support this legislation want terrorism hearing from various groups all across caused. insurance made available as quickly as Mrs. FEINSTEIN. Mr. President, I the country that believe this is an im- possible. And that is the reason for his would like to take this time to express portant issue to address. We know we preemption—to speed up the process. I my support for the Terrorism Risk In- are trying to deal with homeland secu- agree. surance Act. rity to protect our personal security So to meet both the need for quick Exposure to terrorism is not only a from terrorist attack. We also need to insurance availability and the desire to threat to our national security, but is be talking about economic security and allow states to review rates for at least also a threat to the United States and restoring confidence into this market- some period before they go into effect, global economies. The full extent of in- place, This is a product that consumers I had proposed an amendment to re- sured losses from September 11 has need and must be made available by place the blanket State preemption been estimated at $70 billion. the private sector. If we perform our language in the bill with more narrow There is no doubt that these terrorist duties today and provide this critical language. My amendment would have attacks have resulted in the most cata- backstop, I believe that it will result in said that terrorism risk insurance strophic loss in the history of property the industry then stepping up to the would not be subject to a waiting pe- and casualty insurance. plate and freeing up this bottleneck I riod greater than 60 days under any Even though the insurance industry have described in the terrorism insur- State law. committed to pay losses resulting from ance area. This would allow California and the attacks, they have indicated a re- There is no guarantee it is going to other States to retain oversight for luctance to continue offering terrorism happen. I can’t promise absolutely. But prior approval over egregious increases insurance because the risk of future I know this much: If we do nothing, I in terrorism insurance rates while also losses is unknown. guarantee you will get skyrocketing making sure that the insurance is I and my staff have heard from my premium costs. You may not get this made available quickly. constituents in California, who have al- product available to those who need it, Given the number of Americans in- ready suffered from this constriction of and those that are able to obtain the volved, the taxpayer exposure to risk, the terrorism insurance industry. product will pay exorbitantly high pre- and the leverage that insurers will Some are insurance providers, who miums for minimal coverage. have over consumers, I believe we must have written to say that they are We have to conference with the allow States to protect consumers. I afraid that their companies will not House to work out the differences. I hope my colleague from Connecticut survive if they are forced to endure an- hope at this hour, at this day, we will will be willing to work with me on this. other terrorist event without a Federal not walk away from this problem. Mr. DODD. One of the guiding prin- backstop for terrorism reinsurance. There are 100 of us here trying to craft ciples of this bill is that, to the extent Some are businesses whose premiums legislation. We all bring different ideas possible, State insurance law should have risen so drastically in the past to the table. It is not easy to come to not be overridden. To that end, the bill nine months that they too, risk insol- a compromise on this kind of an effort, respects the role of the State insurance vency. but we have. My hope is that my col- commissioners as the appropriate regu- San Francisco’s own Golden Gate leagues will support us, that we will lators of policy terms and rates. Bridge, Highway, and Transportation

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.064 pfrm01 PsN: S18PT1 S5668 CONGRESSIONAL RECORD — SENATE June 18, 2002 District, which manages the Golden I wanted to comment briefly on the so vital to making this legislation Gate Bridge, recently had to renew its amendment because it may yet surface work, which I spent a lot of time work- insurance policy. The new policy costs in the conference. Senator MCCONNELL ing on in the early days, has stayed in $1.1 million per year for $50 million in had offered an amendment which would the bill. I am particularly grateful that coverage which does not include ter- have eliminated punitive damages un- the city I represent, New York, and its rorism coverage, despite assertions by less there was a criminal conviction. I metropolitan area, will have this bill Governor Davis last year that the supplemented that amendment by put- because terrorism has put a crimp in bridge was a target for the terrorist at- ting in a provision that it would be a our economy the way it has in no other tacks. Federal crime for someone to be mali- city in terms of higher costs, lost new Last year’s policy cost $125,000 for cious and disregard the safety of oth- projects, and delays in existing $125 million in coverage, including cov- ers, contributing to damages or death projects. erage for damage due to a terrorist act. in the event of a terrorist attack, and This legislation is probably as vital This legislation will provide des- also an additional provision for a pri- to New York as just about anything we perately needed stability to the ter- vate right of action so that in the will do with the exception maybe of the rorism insurance market. event the prosecuting attorney did not generosity that this body and the other It provides a Federal backstop so act, that a private citizen could peti- have shown to New York in terms of that the industry can have the con- tion the court on the failure or refusal the funding we have received. fidence to issue new policies, and it en- of the Attorney General to act so that Most importantly, this has been a ables financial services providers to would activate a criminal prosecution test, a test of whether we can meet the again finance new commercial property and provide a basis for punitive dam- post 9–11 challenge. It will be like acquisitions and construction projects. ages but, more importantly, to move to many tests in the future. First, govern- This bill also has some important an area where there is real responsi- ment is going to have to play a larger limits on Federal exposure to losses. role. The ideology that anything the First, it is designed to be temporary. bility for somebody who acts mali- government does is bad and we must The length of the program will be one ciously, resulting in the death of an- shrink it at all cost is over in many year, with the option for the Secretary other person. areas. The private sector could not of the Treasury to extend it an addi- Punitive damages doesn’t reach real solve this problem alone, plain and tional year. responsibility. Punitive damages, as I Second, the bill clarifies that the amplified earlier today, are seldom simple. That is why we came to bipar- Federal Government does not bear any granted but, where they are, come out tisan agreement that the Federal Gov- responsibility for insurance losses due of the pockets of the shareholders. To ernment’s role should be increased. We to punitive damage awards. hold someone liable to go to jail where can quibble about how much and Punitive damages awards are issued they are malicious, resulting in some- where, but it was definitely needed. when a defendant has acted in a willful one’s death, that is a sanction which That will be repeated in years to come. and malicious manner. I don’t believe means something. That would provide Second, this is a problem where the the American taxpayer should be left the basis then for a later punitive dam- legislature stepped to the plate. The holding the bag if such judgments are age claim. bottom line is this: There was not awarded. This may be the basis for action in clamoring from the average citizen for It is my hope that the passage of this conference. I wanted to take a brief pe- this proposal. Yes, some real estate de- legislation will enable the Golden Gate riod of time to explain that provision. velopers, some bankers, some insur- Bridge, Highway, and Transportation I thank the Chair and yield the floor. ance companies, but not much else. District, as well as other, similarly af- The PRESIDING OFFICER. The Sen- Given the division we had here, it fected, companies and organizations, in ator from Connecticut. would have been easy to forget it. California and across the Nation, to ob- Mr. DODD. Mr. President, before I But we did step to the plate. We are tain the terrorism insurance coverage yield to my colleague from New York, passing what I consider to be not the they need to adequately protect their I wish to thank several staff people as ideal bill—my ideal bill would have had patrons during these uncertain times. well—we don’t do that enough here— the Federal Government write all ter- Mr. DODD. How much time do I have Alex Sternhell and Jessica Byrnes from rorist insurance, something I worked remaining? my own staff. Sarah Kline, Aaron on with Treasury Secretary O’Neill The PRESIDING OFFICER. The Sen- Klein, Steve Kroll, Wayne Abernathy, should, God forbid, the next attack ator from Connecticut has 2 minutes 10 Stacie Thomas, Ed Pagano, Jim Ryan, occur—but it is a good product, it is a seconds. Jonathan Aldelstein, Jim Williams, reasonable product, and it does the job Mr. REID. If the Senator will yield Kate Scheeler, Roger Hollingsworth . I in the short term. for a unanimous consent request, I ask would also like to thank Laura Ayoud Over and over, we are going to be unanimous consent that the time for with Senate Legislative Counsel for her asked as a government to step forward the vote be extended for 3 minutes on contribution to this process. We thank and solve a problem before it gets out this side and 3 minutes on this side. all of them for their efforts, the leader- of control without the public impor- The PRESIDING OFFICER. Without ship staff as well for their support. tuning us to do it. That will occur on objection, it is so ordered. Is Senator CORZINE going to seek any an issue such as nuclear security. That Mr. GRAMM. Mr. President, I yield time at all? We have 4 minutes remain- will occur on an issue such as making the Senator from Pennsylvania 3 min- ing on this side; is that correct? our health supply system better. It is utes. The PRESIDING OFFICER. Four the kind of challenge we face in the Mr. SPECTER. Mr. President, I have minutes twenty seconds. post 9–11 world: Real, but anticipatory, sought recognition to comment briefly Mr. DODD. I yield 3 minutes to my dealing with a problem that could get on the point of order which was sus- colleague from New York and then 1 worse and spiral out of control if we do tained as to Amendment No. 3862, minute to my colleague from New Jer- not act, and we have to show the lead- which was my amendment. I had been sey. ership because it will not be our con- on the floor awaiting the making of The PRESIDING OFFICER. The Sen- stituents pushing us. such a point of order on germaneness. I ator from New York. I salute the Senator from Con- wanted to make a very brief comment; Mr. SCHUMER. Let me, once again, necticut, the Senator from Texas, the that is, that the amendment which I thank the Senator from Connecticut Senator from New Jersey, and all my have provided was germane when it for his leadership and steadfastness, his colleagues who worked so hard on this was filed, which was pre-cloture. I un- sensibleness. I also thank my colleague bill. derstand that post-cloture it is not. I from Texas who has been, even though The PRESIDING OFFICER. The time voted for cloture notwithstanding the he didn’t get his way on everything, a of the Senator has expired. The Sen- fact that I knew it would render my very constructive force in moving this ator from New Jersey. amendment non-germane because of bill forward. I appreciate that. Mr. CORZINE. Mr. President, I sec- my view of the importance of passing I approach this in a few ways. I am ond the salute of the Senator from this bill. delighted that the single company cap, Connecticut. This is a tremendous step

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.049 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5669 forward in protecting our economy, not Mr. REID. I announced that the Sen- (4) widespread financial market uncertain- protecting insurance companies. This ator from Massachusetts (Mr. KERRY) ties have arisen following the terrorist at- is about jobs. It is about making sure is necessarily absent. tacks of September 11, 2001, including the ab- sence of information from which financial we have economic growth going for- Mr. NICKLES. I announced that the institutions can make statistically valid es- ward. It is a bridge. It is not a long- Senator from North Carolina (Mr. timates of the probability and cost of future term creation of an insurance function HELMS) is necessarily absent. terrorist events, and therefore the size, fund- by the Government, but it is a response The PRESIDING OFFICER (Mr. MIL- ing, and allocation of the risk of loss caused that the Government needs to build a LER). Are there any other Senators in by such acts of terrorism; bridge to a better marketplace and a the Chamber desiring to vote? (5) a decision by property and casualty in- more secure economy. This will make a The result was announced—yeas 84, surers to deal with such uncertainties, either difference to all of America’s economic nays 14, as follows: by terminating property and casualty cov- erage for losses arising from terrorist events, growth, not just regionally. [Rollcall Vote No. 157 Leg.] or by radically escalating premium coverage I am really quite pleased we are YEAS—84 to compensate for risks of loss that are not going to have a chance to vote in a Akaka Dodd Lott readily predictable, could seriously hamper minute to do something that will move Allard Domenici Lugar ongoing and planned construction, property our economy forward in the post-Sep- Allen Dorgan McCain acquisition, and other business projects, gen- tember 11 period. Baucus Durbin Mikulski erate a dramatic increase in rents, and oth- The PRESIDING OFFICER. The Sen- Bayh Edwards Miller erwise suppress economic activity; and Bennett Ensign Murkowski (6) the United States Government should ator’s time has expired. Biden Feingold Murray provide temporary financial compensation to Mr. REID. Mr. President, the major- Bingaman Feinstein Nelson (FL) insured parties, contributing to the sta- ity leader will be here shortly. I sug- Bond Fitzgerald Nelson (NE) Boxer Frist Reed bilization of the United States economy in a gest the absence of a quorum. Breaux Graham Reid time of national crisis, while the financial The PRESIDING OFFICER. Without Brownback Gregg Roberts services industry develops the systems, objection, the clerk will call the roll. Bunning Hagel Rockefeller mechanisms, products, and programs nec- Byrd Harkin Sarbanes essary to create a viable financial services The senior assistant bill clerk pro- Cantwell Hatch Schumer ceeded to call the roll. market for private terrorism risk insurance. Carnahan Hollings Shelby (b) PURPOSE.—The purpose of this Act is to Mr. REID. Mr. President, I ask unan- Carper Hutchinson Smith (OR) establish a temporary Federal program that imous consent that the order for the Chafee Inhofe Snowe Cleland Inouye Specter provides for a transparent system of shared quorum call be rescinded. Clinton Jeffords Stabenow public and private compensation for insured The PRESIDING OFFICER. Without Cochran Johnson Stevens losses resulting from acts of terrorism, in objection, it is so ordered. Collins Kennedy Thompson order to— The question is on the engrossment Conrad Kohl Thurmond (1) protect consumers by addressing mar- Corzine Landrieu Torricelli and third reading of the bill. ket disruptions and ensure the continued Crapo Leahy Voinovich widespread availability and affordability of The bill was ordered to be engrossed Daschle Levin Warner property and casualty insurance for ter- for a third reading and was read the Dayton Lieberman Wellstone DeWine Lincoln Wyden rorism risk; and third time. (2) allow for a transitional period for the The PRESIDING OFFICER. The Sen- NAYS—14 private markets to stabilize, resume pricing ator from Nevada. Burns Grassley Santorum of such insurance, and build capacity to ab- Mr. REID. Mr. President, I ask unan- Campbell Hutchison Sessions sorb any future losses, while preserving imous consent that the Senate now Craig Kyl Smith (NH) State insurance regulation and consumer Enzi McConnell Thomas protections. proceed to Calendar No. 252, H.R. 3210, Gramm Nickles SEC. 3. DEFINITIONS. the House-passed terrorism insurance NOT VOTING—2 In this Act, the following definitions shall bill; that all after the enacting clause apply: Helms Kerry be stricken; that the text of S. 2600, as (1) ACT OF TERRORISM.— amended, if amended, be inserted in The bill (S. 2600), as amended, was (A) CERTIFICATION.—The term ‘‘act of ter- lieu thereof; that the bill be read a passed as follows: rorism’’ means any act that is certified by third time and the Senate vote on pas- S. 2600 the Secretary, in concurrence with the Sec- sage of the bill; that upon passage, the retary of State, and the Attorney General of Be it enacted by the Senate and House of Rep- the United States— Senate insist on its amendment, re- resentatives of the United States of America in (i) to be a violent act or an act that is dan- quest a conference with the House on Congress assembled, gerous to— the disagreeing votes of the two SECTION 1. SHORT TITLE. (I) human life; Houses, and the Chair be authorized to This Act may be cited as the ‘‘Terrorism (II) property; or appoint conferees on the part of the Risk Insurance Act of 2002’’. (III) infrastructure; Senate, without further intervening ac- SEC. 2. CONGRESSIONAL FINDINGS AND PUR- (ii) to have resulted in damage within the tion or debate. POSE. United States, or outside the United States The PRESIDING OFFICER. Is there (a) FINDINGS.—The Congress finds that— in the case of an air carrier or vessel de- (1) property and casualty insurance firms scribed in paragraph (3)(A)(ii); and objection? are important financial institutions, the (iii) to have been committed by an indi- Mr. GRAMM. Reserving the right to products of which allow mutualization of vidual or individuals acting on behalf of any object. risk and the efficient use of financial re- foreign person or foreign interest, as part of The PRESIDING OFFICER. The Sen- sources and enhance the ability of the econ- an effort to coerce the civilian population of ator from Texas. omy to maintain stability, while responding the United States or to influence the policy Mr. GRAMM. We might come to a to a variety of economic, political, environ- or affect the conduct of the United States point where we are ready to do this. We mental, and other risks with a minimum of Government by coercion. are not ready to do it now, and I ob- disruption; (B) LIMITATION.—No act or event shall be ject. (2) the ability of businesses and individuals certified by the Secretary as an act of ter- to obtain property and casualty insurance at rorism if— The PRESIDING OFFICER. Objec- reasonable and predictable prices, in order to (i) the act or event is committed in the tion is heard. spread the risk of both routine and cata- course of a war declared by the Congress; or Mr. REID. I ask for the yeas and strophic loss, is critical to economic growth, (ii) losses resulting from the act or event, nays. urban development, and the construction in the aggregate, do not exceed $5,000,000. The PRESIDING OFFICER. Is there a and maintenance of public and private hous- (C) DETERMINATIONS FINAL.—Any certifi- sufficient second? ing, as well as to the promotion of United cation of, or determination not to certify, an There appears to be a sufficient sec- States exports and foreign trade in an in- act or event as an act of terrorism under this ond. creasingly interconnected world; paragraph shall be final, and shall not be The bill having been read the third (3) the ability of the insurance industry to subject to judicial review. cover the unprecedented financial risks pre- (2) BUSINESS INTERRUPTION COVERAGE.—The time, the question is, Shall the bill sented by potential acts of terrorism in the term ‘‘business interruption coverage’’— pass? The clerk will call the roll. United States can be a major factor in the (A) means coverage of losses for temporary The assistant legislative clerk called recovery from terrorist attacks, while main- relocation expenses and ongoing expenses, the roll. taining the stability of the economy; including ordinary wages, where—

VerDate 11-MAY-2000 04:59 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.067 pfrm01 PsN: S18PT1 S5670 CONGRESSIONAL RECORD — SENATE June 18, 2002 (i) there is physical damage to the business with respect to insured losses resulting from (B) in the case of any policy that is issued premises of such magnitude that the busi- an act of terrorism occurring during the 1- before the date of enactment of this Act, as ness cannot open for business; year period beginning on the date of enact- a line item described in subparagraph (A), (ii) there is physical damage to other prop- ment of this Act; and not later than 90 days after that date of en- erty that totally prevents customers or em- (B) a participating insurance company’s actment; ployees from gaining access to the business market share, multiplied by $15,000,000,000, (3) the participating insurance company premises; or with respect to insured losses resulting from processes the claim for the insured loss in (iii) the Federal, State, or local govern- an act of terrorism occurring during the 1- accordance with its standard business prac- ment shuts down an area due to physical or year period beginning on the day after the tices, and any reasonable procedures that environmental damage, thereby preventing date of expiration of the period described in the Secretary may prescribe; and customers or employees from gaining access subparagraph (A), if the Program is extended (4) the participating insurance company to the business premises; and in accordance with section 6. submits to the Secretary, in accordance with (B) does not include lost profits, other than (8) PERSON.—The term ‘‘person’’ means any such reasonable procedures as the Secretary in the case of a small business concern (as individual, business or nonprofit entity (in- may establish— defined in section 3 of the Small Business cluding those organized in the form of a (A) a claim for payment of the Federal Act (15 U.S.C. 632) and applicable regulations partnership, limited liability company, cor- share of compensation for insured losses thereunder) in any case described in clause poration, or association), trust or estate, or under the Program; (i), (ii), or (iii) of subparagraph (A). a State or political subdivision of a State or (B) written verification and certification— (3) INSURED LOSS.—The term ‘‘insured other governmental unit. (i) of the underlying claim; and loss’’— (9) PROGRAM.—The term ‘‘Program’’ means (ii) of all payments made for insured (A) means any loss resulting from an act of the Terrorism Insured Loss Shared Com- losses; and terrorism that is covered by primary prop- pensation Program established by this Act. (C) certification of its compliance with the erty and casualty insurance, including busi- (10) PROPERTY AND CASUALTY INSURANCE.— provisions of this subsection. ness interruption coverage, issued by a par- The term ‘‘property and casualty (c) MANDATORY PARTICIPATION; MANDATORY ticipating insurance company, if such loss— insurance’’— AVAILABILITY.—Each insurance company (i) occurs within the United States; or (A) means commercial lines of property that meets the definition of a participating insurance company under section 3— (ii) occurs to an air carrier (as defined in and casualty insurance, including workers’ (1) shall participate in the Program; section 40102 of title 49, United States Code) compensation insurance; (2) shall make available in all of its prop- or to a United States flag vessel (or a vessel (B) includes personal lines of property and erty and casualty insurance policies (in all of based principally in the United States, on casualty insurance, if a notification is made its participating lines), coverage for insured which United States income tax is paid and in accordance with paragraph (6)(B); and losses; and whose insurance coverage is subject to regu- (C) does not include— (3) shall make available property and cas- lation in the United States), regardless of (i) Federal crop insurance issued or rein- ualty insurance coverage for insured losses where the loss occurs; and sured under the Federal Crop Insurance Act that does not differ materially from the (B) excludes coverage under any life or (7 U.S.C. 1501 et seq.); health insurance. terms, amounts, and other coverage limita- (ii) private mortgage insurance, as that (4) MARKET SHARE.— tions applicable to losses arising from events term is defined in section 2 of the Home- (A) IN GENERAL.—The ‘‘market share’’ of a other than acts of terrorism. owners Protection Act of 1998 (12 U.S.C. 4901); participating insurance company shall be (d) PARTICIPATION BY SELF INSURED ENTI- or calculated using the total amount of direct TIES.— (iii) financial guaranty insurance. written property and casualty insurance pre- (1) DETERMINATION BY THE SECRETARY.—The (11) SECRETARY.—The term ‘‘Secretary’’ miums for the participating insurance com- Secretary may, in consultation with the means the Secretary of the Treasury. pany during the 2-year period preceding the NAIC, establish procedures to allow partici- (12) STATE.—The term ‘‘State’’ means any year in which the subject act of terrorism pation in the Program by municipalities and State of the United States, the District of occurred (or during such other period for other governmental or quasi-governmental Columbia, the Commonwealth of Puerto which adequate data are available, as deter- entities (and by any other entity, as the Sec- mined by the Secretary), as a percentage of Rico, the Commonwealth of the Northern retary deems appropriate) operating through the aggregate of all such property and cas- Mariana Islands, American Samoa, Guam, self insurance arrangements that were in ex- ualty insurance premiums industry-wide and each of the United States Virgin Islands. istence on September 11, 2001, but only if the during that period. (13) UNITED STATES.—The term ‘‘United Secretary makes a determination with re- States’’ means the several States, and in- (B) ADJUSTMENTS.—The Secretary may ad- gard to participation by any such entity be- just the market share of a participating in- cludes the territorial sea of the United fore the occurrence of an act of terrorism in surance company under subparagraph (A), as States. which the entity incurs an insured loss. necessary to reflect current market partici- (14) RULE OF CONSTRUCTION FOR DATES.— (2) PARTICIPATION.—If the Secretary makes pation of that participating insurance com- With respect to any reference to a date in a determination to allow an entity described pany. this Act, such day shall be construed— in paragraph (1) to participate in the Pro- (5) NAIC.—The term ‘‘NAIC’’ means the (A) to begin at 12:01 a.m. on that date; and gram, all reports, conditions, requirements, National Association of Insurance Commis- (B) to end at midnight on that date. and standards established by this Act for sioners. SEC. 4. TERRORISM INSURED LOSS SHARED COM- participating insurance companies shall (6) PARTICIPATING INSURANCE COMPANY.— PENSATION PROGRAM. apply to any such entity, as determined to The term ‘‘participating insurance com- (a) ESTABLISHMENT OF PROGRAM.— be appropriate by the Secretary. pany’’ means any insurance company, in- (1) IN GENERAL.—There is established in the (e) SHARED INSURANCE LOSS COVERAGE.— cluding any subsidiary or affiliate thereof— Department of the Treasury the Terrorism (1) FEDERAL SHARE.— (A) that— Insured Loss Shared Compensation Program. (A) IN GENERAL.—Subject to the cap on li- (i) is licensed or admitted to engage in the (2) AUTHORITY OF THE SECRETARY.—Not- ability under paragraph (2) and the limita- business of providing primary insurance in withstanding any other provision of State or tion under paragraph (6), the Federal share any State, and was so licensed or admitted Federal law, the Secretary shall administer of compensation under the Program to be on September 11, 2001; or the Program, and shall pay the Federal share paid by the Secretary for insured losses re- (ii) is not licensed or admitted as described of compensation for insured losses in accord- sulting from an act of terrorism occurring in clause (i), if it is an eligible surplus line ance with subsection (e). during the 1-year period beginning on the carrier listed on the Quarterly Listing of (b) CONDITIONS FOR FEDERAL PAYMENTS.— date of enactment of this Act— Alien Insurers of the NAIC, or any successor No payment may be made by the Secretary (i) shall be equal to 80 percent of that por- thereto; under subsection (e), unless— tion of the amount of aggregate insured (B) that receives direct premiums for any (1) a person that suffers an insured loss, or losses that— type of commercial property and casualty in- a person acting on behalf of that person, files (I) exceeds the participating insurance surance coverage or that, not later than 21 a claim with a participating insurance com- company deductibles required to be paid for days after the date of enactment of this Act, pany; those insured losses; and submits written notification to the Sec- (2) the participating insurance company (II) does not exceed $10,000,000,000; and retary of its intent to participate in the Pro- provides clear and conspicuous disclosure to (ii) shall be equal to 90 percent of that por- gram with regard to personal lines of prop- the policyholder of the premium charged for tion of the amount of aggregate insured erty and casualty insurance; and insured losses covered by the Program and losses that— (C) that meets any other criteria that the the Federal share of compensation for in- (I) exceeds the participating insurance Secretary may reasonably prescribe. sured losses under the Program— company deductibles required to be paid for (7) PARTICIPATING INSURANCE COMPANY DE- (A) in the case of any policy covering an those insured losses; and DUCTIBLE.—The term ‘‘participating insur- insured loss that is issued on or after the (II) exceeds $10,000,000,000. ance company deductible’’ means— date of enactment of this Act, on a separate (B) EXTENSION PERIOD.—If the Program is (A) a participating insurance company’s line item in the policy, at the time of offer, extended in accordance with section 6, the market share, multiplied by $10,000,000,000, purchase, and renewal of the policy; and Federal share of compensation under the

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Program to be paid by the Secretary for in- (b) INTERIM RULES AND PROCEDURES.—The (C) the capacity of the insurance industry sured losses resulting from an act of ter- Secretary shall issue interim final rules or to absorb future losses resulting from acts of rorism occurring during the 1-year period be- procedures specifying the manner in which— terrorism, taking into account the profit- ginning on the day after the date of expira- (1) participating insurance companies may ability of the insurance industry; and tion of the period described in subparagraph file, verify, and certify claims under the Pro- (2) that considers— (A), shall be calculated in accordance with gram; (A) the impact of the Program on each of clauses (i) and (ii) of subparagraph (A), sub- (2) the Secretary shall publish or otherwise the factors described in paragraph (1); and ject to the cap on liability in paragraph (2) publicly announce the applicable percentage (B) the probable impact on such factors and the limitation under paragraph (6). of insured losses that is the responsibility of and on the United States economy if the (C) PRO RATA SHARE.—If, during the period participating insurance companies and the Program terminates 1 year after the date of described in subparagraph (A) (or during the percentage that is the responsibility of the enactment of this Act. period described in subparagraph (B), if the Federal Government under the Program; (c) FINDING REQUIRED.—A determination Program is extended in accordance with sec- (3) the Federal share of compensation for under subsection (a) to extend the Program tion 6), the aggregate insured losses for that insured losses will be paid under the Pro- shall be based on a finding by the Secretary period exceed $10,000,000,000, the Secretary gram, including payments based on esti- that— shall determine the pro rata share for each mates of or actual aggregate insured losses; (1) widespread market uncertainties con- participating insurance company of the Fed- (4) the Secretary may, at any time, seek tinue to disrupt the ability of insurance eral share of compensation for insured losses repayment from or reimburse any partici- companies to price insurance coverage for calculated under subparagraph (A). pating insurance company, based on esti- losses resulting from acts of terrorism, (D) PROHIBITION ON DUPLICATIVE COMPENSA- mates of insured losses under the Program, thereby resulting in the continuing unavail- TION.—The Federal share of compensation for to effectuate the insured loss sharing provi- ability of affordable insurance for con- insured losses under the Program shall be re- sions contained in section 4; sumers; and duced by the amount of compensation pro- (5) each participating insurance company (2) extending the Program for an addi- vided by the Federal Government for those that incurs insured losses shall pay its pro tional year would likely encourage economic insured losses under any other Federal insur- rata share of insured losses, in accordance stabilization and facilitate a transition to a ance or reinsurance program. with section 4; and viable market for private terrorism risk in- (2) CAP ON ANNUAL LIABILITY.—Notwith- (6) the Secretary will determine any final surance. standing paragraph (1), or any other provi- netting of payments for actual insured losses (d) CONTINUING AUTHORITY TO PAY OR AD- sion of Federal or State law, if the aggregate under the Program, including payments JUST COMPENSATION.—Following the termi- insured losses exceed $100,000,000,000 during owed to the Federal Government from any nation of the Program under subsection (a), any period referred to in subparagraph (A) or participating insurance company and any the Secretary may take such actions as may (B) of paragraph (1)— Federal share of compensation for insured be necessary to ensure payment, reimburse- (A) the Secretary shall not make any pay- losses owed to any participating insurance ment, or adjustment of compensation for in- ment under this Act for any portion of the company, to effectuate the insured loss shar- sured losses arising out of any act of ter- amount of such losses that exceeds ing provisions contained in section 4. rorism occurring during the period in which $100,000,000,000; and (c) SUBROGATION RIGHTS.—The United the Program was in effect under this Act, in (B) participating insurance companies States shall have the right of subrogation accordance with the provisions of section 4 shall not be liable for the payment of any with respect to any payment made by the and regulations promulgated thereunder. (e) REPEAL; SAVINGS CLAUSE.—This Act is portion of the amount that exceeds United States under the Program. repealed at midnight on the final termi- $100,000,000,000. (d) CONTRACTS FOR SERVICES.—The Sec- nation date of the Program under subsection (3) NOTICE TO CONGRESS.—The Secretary retary may employ persons or contract for (a), except that such repeal shall not be shall notify the Congress if estimated or ac- services as may be necessary to implement construed— tual aggregate insured losses exceed the Program. (1) to prevent the Secretary from taking, $100,000,000,000 in any period described in (e) CIVIL PENALTIES.—The Secretary may or causing to be taken, such actions under paragraph (1), and the Congress shall deter- assess civil money penalties for violations of subsection (d) of this section and sections mine the procedures for and the source of this Act or any rule, regulation, or order issued by the Secretary under this Act relat- 4(e)(4), 4(e)(5), 5(a)(1), 5(c), 5(d), and 5(e) (as in any such excess payments. ing to the submission of false or misleading effect on the day before the date of such re- (4) FINAL NETTING.—The Secretary shall information for purposes of the Program, or peal), and applicable regulations promul- have sole discretion to determine the time at any failure to repay any amount required to gated thereunder, during any period in which which claims relating to any insured loss or be reimbursed under regulations or proce- the authority of the Secretary under sub- act of terrorism shall become final. dures described in section 5(b). The authority section (d) of this section is in effect; or (5) DETERMINATIONS FINAL.—Any deter- granted under this subsection shall continue (2) to prevent the availability of funding mination of the Secretary under this sub- during any period in which the Secretary’s under section 9(b) during any period in which section shall be final, and shall not be sub- authority under section 6(d) is in effect. the authority of the Secretary under sub- ject to judicial review. SEC. 6. TERMINATION OF PROGRAM; DISCRE- section (d) of this section is in effect. (6) IN-FORCE REINSURANCE AGREEMENTS.— TIONARY EXTENSION. (f) SENSE OF THE CONGRESS.—It is the sense For policies covered by reinsurance con- (a) TERMINATION OF PROGRAM.— of the Congress that the Secretary should tracts in force on the date of enactment of (1) IN GENERAL.—The Program shall termi- make any determination under subsection this Act, until the in-force reinsurance con- nate 1 year after the date of enactment of (a) in sufficient time to enable participating tract is renewed, amended, or has reached its this Act, unless the Secretary— insurance companies to include coverage for 1-year anniversary date, any Federal share of (A) determines, after considering the re- acts of terrorism in their policies for the sec- compensation due to a participating insur- port and finding required by this section, ond year of the Program, if the Program is ance company for insured losses during the that the Program should be extended for one extended in accordance with this section. effective period of the Program shall be additional year, beginning on the day after (g) STUDY AND REPORT ON SCOPE OF THE shared— the date of expiration of the initial 1-year PROGRAM.— (A) with all reinsurance companies to period of the Program; and (1) STUDY.—The Secretary, after consulta- which the participating insurance company (B) promptly notifies the Congress of such tion with the NAIC, representatives of the has ceded some share of the insured loss pur- determination and the reasons therefor. insurance industry, and other experts in the suant to an in-force reinsurance contract; (2) DETERMINATION FINAL.—The determina- insurance field, shall conduct a study of the and tion of the Secretary under paragraph (1) potential effects of acts of terrorism on the (B) in a manner that distributes the Fed- shall be final, and shall not be subject to ju- availability of life insurance and other lines eral share of compensation for insured losses dicial review. of insurance coverage. between the participating insurance com- (3) TERMINATION AFTER EXTENSION.—If the (2) REPORT.—Not later than 9 months after pany and the reinsurance company or com- Program is extended under paragraph (1), the the date of enactment of this Act, the Sec- panies in the same proportion as the insured Program shall terminate 1 year after the retary shall submit a report to the Congress losses would have been distributed if the date of commencement of such extension pe- on the results of the study conducted under Program did not exist. riod. paragraph (1). SEC. 5. GENERAL AUTHORITY AND ADMINISTRA- (b) REPORT TO CONGRESS.—Not later than 9 (h) REPORTS REGARDING TERRORISM RISK TION OF CLAIMS. months after the date of enactment of this INSURANCE PREMIUMS.— (a) GENERAL AUTHORITY.—The Secretary Act, the Secretary shall submit a report to (1) REPORT TO THE NAIC.—Beginning 6 shall have the powers and authorities nec- Congress— months after the date of enactment of this essary to carry out the Program, including (1) regarding— Act, and every 6 months thereafter, each authority— (A) the availability of insurance coverage participating insurance company shall sub- (1) to investigate and audit all claims for acts of terrorism; mit a report to the NAIC that states the pre- under the Program; and (B) the affordability of such coverage, in- mium rates charged by that participating in- (2) to prescribe regulations and procedures cluding the effect of such coverage on pre- surance company during the preceding 6- to implement the Program. miums; and month period for insured losses covered by

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the Program, and includes an explanation of and casualty insurance coverage for ter- (b) PRESIDENTIAL WAIVER.— and justification for those rates. rorism risk. (1) IN GENERAL.—Subject to paragraph (2), (2) REPORTS FORWARDED.—The NAIC shall SEC. 9. AUTHORIZATION OF APPROPRIATIONS; upon determining on an asset-by-asset basis promptly forward copies of each report sub- PAYMENT AUTHORITY. that a waiver is necessary in the national se- mitted under paragraph (1) to the Secretary, (a) ADMINISTRATIVE EXPENSES.—There are curity interest, the President may waive the the Secretary of Commerce, the Chairman of authorized to be appropriated to the Sec- requirements of subsection (a) in connection the Federal Trade Commission, and the retary, out of funds in the Treasury not oth- with (and prior to the enforcement of) any Comptroller General of the United States. erwise appropriated, such sums as may be judicial order directing attachment in aid of (3) AGENCY REPORTS TO CONGRESS.— necessary for administrative expenses of the execution or execution against any property (A) IN GENERAL.—The Secretary, the Sec- Program, to remain available until ex- subject to the Vienna Convention on Diplo- retary of Commerce, and the Chairman of pended. matic Relations or the Vienna Convention the Federal Trade Commission shall submit (b) PAYMENT AUTHORITY.—This Act con- on Consular Relations. joint reports to Congress and the Comp- stitutes payment authority in advance of ap- (2) EXCEPTION.—A waiver under this sub- troller General of the United States summa- propriation Acts, and represents the obliga- section shall not apply to— rizing and evaluating the reports forwarded tion of the Federal Government to provide (A) property subject to the Vienna Conven- under paragraph (2). for the Federal share of compensation for in- tion on Diplomatic Relations or the Vienna (B) TIMING.—The reports required under sured losses under the Program. Convention on Consular Relations that has subparagraph (A) shall be submitted— SEC. 10. PROCEDURES FOR CIVIL ACTIONS. been used by the United States for any non- (i) 9 months after the date of enactment of (a) FEDERAL CAUSE OF ACTION.— diplomatic purpose (including use as rental this Act; and (1) IN GENERAL.—There shall exist a Fed- property), or the proceeds of such use; or (ii) 12 months after the date of submission eral cause of action for property damage, (B) the proceeds of any sale or transfer for of the first report under clause (i). personal injury, or death arising out of or re- value to a third party of any asset subject to (4) GAO EVALUATION AND REPORT.— sulting from an act of terrorism, which shall the Vienna Convention on Diplomatic Rela- (A) EVALUATION.—The Comptroller General be the exclusive cause of action and remedy tions or the Vienna Convention on Consular of the United States shall evaluate each re- for claims for such property damage, per- Relations. port submitted under paragraph (3), and sonal injury, or death, except as provided in (c) SPECIAL RULE FOR CASES AGAINST upon request, the Secretary, the Secretary of subsection (d). IRAN.—Section 2002 of the Victims of Traf- ficking and Violence Protection Act of 2000 Commerce, the Chairman of the Federal (2) PREEMPTION OF STATE ACTIONS.—All (Public Law 106–386; 114 Stat. 1542) is Trade Commission, and the NAIC shall pro- State causes of action of any kind for prop- amended— vide to the Comptroller all documents, erty damage, personal injury, or death aris- (1) in subsection (a)(2)(A)(ii), by inserting records, and any other information that the ing out of or resulting from an act of ter- after ‘‘July 27, 2000’’ the following: ‘‘or before Comptroller deems necessary to carry out rorism that are otherwise available under October 28, 2000,’’; such evaluation. State law, are hereby preempted, except as (2) in subsection (b)(2)(B), by inserting (B) REPORT TO CONGRESS.—Not later than provided in subsection (d). after ‘‘the date of enactment of this Act’’ the 90 days after receipt of each report sub- (b) GOVERNING LAW.—The substantive law following: ‘‘(less amounts therein as to mitted under paragraph (3), the Comptroller for decision in an action described in sub- which the United States has an interest in General of the United States shall submit to section (a)(1) shall be derived from the law, subrogation pursuant to subsection (c) aris- Congress a report of the evaluation required including applicable choice of law principles, ing prior to the date of entry of the judg- by subparagraph (A). of the State in which the act of terrorism giving rise to the action occurred, except to ment or judgments to be satisfied in whole SEC. 7. PRESERVATION OF STATE LAW. or in part hereunder).’’; Nothing in this Act shall affect the juris- the extent that— (1) the law, including choice of law prin- (3) by redesignating subsections (d), (e), diction or regulatory authority of the insur- and (f) as subsections (e), (f), and (g), respec- ance commissioner (or any agency or office ciples, of another State is determined to be applicable to the action by the district court tively; and performing like functions) of any State over (4) by inserting after subsection (c) the fol- any participating insurance company or hearing the action; or (2) otherwise applicable State law (includ- lowing new subsection (d): other person— ‘‘(d) DISTRIBUTION OF FOREIGN MILITARY (1) except as specifically provided in this ing that determined pursuant to paragraph (1), is inconsistent with or otherwise pre- SALES FUNDS INADEQUATE TO SATISFY FULL Act; and AMOUNT OF COMPENSATORY AWARDS AGAINST empted by Federal law. (2) except that— IRAN.— (c) PUNITIVE DAMAGES.—Any amounts (A) the definition of the term ‘‘act of ter- awarded in a civil action described in sub- ‘‘(1)(A) In the event that the Secretary de- rorism’’ in section 3 shall be the exclusive section (a)(1) that are attributable to puni- termines that the amounts available to be definition of that term for purposes of com- tive damages shall not count as insured paid under subsection (b)(2) are inadequate pensation for insured losses under this Act, losses for purposes of this Act. to pay the entire amount of compensatory and shall preempt any provision of State law (d) CLAIMS AGAINST TERRORISTS.—Nothing damages awarded in judgments issued as of that is inconsistent with that definition, to in this section shall in any way be construed the date of the enactment of this subsection the extent that such provision of law would to limit the ability of any plaintiff to seek in cases identified in subsection (a)(2)(A), the otherwise apply to any type of insurance any form of recovery from any person, gov- Secretary shall, not later than 60 days after covered by this Act; ernment, or other entity that was a partici- such date, make payment from the account (B) during the period beginning on the date pant in, or aider and abettor of, any act of specified in subsection (b)(2) to each party to of enactment of this Act and ending at mid- terrorism. which such judgment has been issued a share night on December 31, 2002, rates for ter- (e) EFFECTIVE PERIOD.—This section shall of the amounts in that account which are rorism risk insurance covered by this Act apply only to actions described in subsection not subject to subrogation to the United and filed with any State shall not be subject (a)(1) arising out of or resulting from acts of States under this Act. to prior approval or a waiting period, under terrorism that occur during the effective pe- ‘‘(B) The amount so paid to each such per- any law of a State that would otherwise be riod of the Program, including, if applicable, son shall be calculated by the proportion applicable, except that nothing in this Act any extension period provided for under sec- that the amount of compensatory damages affects the ability of any State to invalidate tion 6. awarded in a judgment issued to that par- a rate as excessive, inadequate, or unfairly SEC. 11. SATISFACTION OF JUDGMENTS FROM ticular person bears to the total amount of discriminatory; and FROZEN ASSETS OF TERRORISTS, all compensatory damages awarded to all (C) during the period beginning on the date TERRORIST ORGANIZATIONS, AND persons to whom judgments have been issued of enactment of this Act and for so long as STATE SPONSORS OF TERRORISM. in cases identified in subsection (a)(2)(A) as the Program is in effect, as provided in sec- (a) IN GENERAL.—Notwithstanding any of the date referred to in subparagraph (A). tion 6 (including any period during which the other provision of law, and except as pro- ‘‘(2) Nothing herein shall bar, or require authority of the Secretary under section 6(d) vided in subsection (b), in every case in delay in, enforcement of any judgment to is in effect), books and records of any par- which a person has obtained a judgment which this subsection applies under any pro- ticipating insurance company that are rel- against a terrorist party on a claim based cedure or against assets otherwise available evant to the Program shall be provided, or upon an act of terrorism or for which a ter- under this section or under any other provi- caused to be provided, to the Secretary or rorist party is not immune under section sion of law. the designee of the Secretary, upon request 1605(a)(7) of title 28, United States Code, the ‘‘(3) Any person receiving less than the full by the Secretary or such designee, notwith- blocked assets of that terrorist party (in- amount of compensatory damages awarded standing any provision of the laws of any cluding the blocked assets of any agency or to that party in judgments to which this sub- State prohibiting or limiting such access. instrumentality of that terrorist party) shall section applies shall not be required to make SEC. 8. SENSE OF THE CONGRESS REGARDING be subject to execution or attachment in aid the election set forth in subsection (a)(2)(C) CAPACITY BUILDING. of execution in order to satisfy such judg- in order to qualify for payment hereunder.’’. It is the sense of the Congress that the in- ment to the extent of any compensatory (d) DEFINITIONS.—In this section: surance industry should build capacity and damages for which such terrorist party has (1) The term ‘‘terrorist party’’ means a ter- aggregate risk to provide affordable property been adjudged liable. rorist, a terrorist organization, or a foreign

VerDate 11-MAY-2000 04:59 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.084 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5673 state designated as a state sponsor of ter- if there were to be another terrorist at- curity for United States seaports, and for rorism under section 6(j) of the Export Ad- tack. Insurance plays a vital role in other purposes’’, and ask a conference with ministration Act of 1979 (50 U.S.C. App. our economy, by allowing businesses the Senate on the disagreeing votes of the 2405(j)) or section 620A of the Foreign Assist- and property owners to spread their two Houses thereon. ance Act of 1961 (22 U.S.C. 2371). Ordered, That the following Members be (2) The term ‘‘blocked asset’’ means any risks. As the U.S. General Accounting the managers of the conference on the part asset seized or frozen by the United States in Office noted in a recent report, prop- of the House: accordance with law, or otherwise held by erty owners on their own ‘‘lack the From the Committee on Transportation the United States without claim of owner- ability to spread such risks among and Infrastructure, for consideration of the ship by the United States. themselves the way insurers do.’’ In Senate bill and the House amendment, and (3) The term ‘‘property subject to the Vi- the event of another attack, many modifications committed to conference: Mr. enna Convention on Diplomatic Relations or properties would have to absorb any Young of Alaska, Mr. Coble, Mr. LoBiondo, Mr. Oberstar, and Ms. Brown of Florida. the Vienna Convention on Consular Rela- losses themselves, without the support tions’’ and the term ‘‘asset subject to the Vi- From the Committee on Ways and Means, enna Convention on Diplomatic Relations or of insurance. As a result, the GAO con- for consideration of sections 112 and 115 of the Vienna Convention on Consular Rela- cluded, ‘‘another terrorist attack simi- the Senate bill, and section 108 of the House tions’’ mean any property or asset, respec- lar to that experienced on September amendment, and modifications committed to tively, the attachment in aid of execution or 11 could have significant economic ef- conference: Mr. Thomas, Mr. Crane, and Mr. execution of which would result in a viola- fects on the marketplace and the pub- Rangel. tion of an obligation of the United States lic at large.’’ The GAO noted that Mr. DASCHLE. Mr. President, I ask under the Vienna Convention on Diplomatic ‘‘These effects could include unanimous consent that the Senate Relations or the Vienna Convention on Con- bankrupticies, layoffs, and loan de- disagree to the House amendment, sular Relations, as the case may be. faults.’’ agree to the request for a conference on The PRESIDING OFFICER. The ma- But even in the absence of another the disagreeing votes of the two jority leader. attack, the lack of insurance can Houses, and that the Chair be author- Mr. DASCHLE. Mr. President, I move hinder economic activity. In preparing ized to appoint conferees on the part of to reconsider the vote, and I move to its recent report, the GAO found that the Senate. lay that motion on the table. there are examples of ‘‘large projects There being no objection, the Pre- The motion to lay on the table was canceling or experiencing delays . . . siding Officer appointed Mr. HOLLINGS, agreed to. with a lack of terrorism coverage being Mr. INOUYE, Mr. KERRY, Mr. BREAUX, Mr. NELSON of Florida. Mr. Presi- cited as a principal contriuting fac- Mr. WYDEN, Mr. CLELAND, Mrs. BOXER, dent, I voted today for passage of the tor.’’ This is a drag of economic activ- Mr. MCCAIN, Mr. STEVENS, Mr. LOTT, Dodd-Schumer terrorism insurance ity that we can ill afford. Mrs. HUTCHISON, Ms. SNOWE, and Mr. bill. While it is not perfect, it provides Most industry observers are of the SMITH of Oregon conferees on the part temporary backstop to allow the pri- opinion that, given time, the insurance of the Senate; for matters in section vate insurance marketplace to adjust industry will develop the capacity and 108 of the House amendment and sec- to the new threat of terrorist attacks. the experience that will allow them to tions 112 and 115 of the Senate bill, Mr. Because I had serious concerns about a underwrite the terrorist risk. However, GRAHAM and Mr. GRASSLEY conferees lack of consumer protection in the those conditions do not exist today. In on the part of the Senate. original bill, I offered two amend- the interim, a Federal reinsurance f ments, one to guard against price backstop of limited duration would gouging, the other requiring the indus- give the insurance markets the nec- AUCTION REFORM ACT OF 2002 try to separately disclose to policy- essary time to stabilize. Mr. DASCHLE. Mr. President, I ask holders the amount of premium due to I know that there are still many unanimous consent the Senate proceed terrorism risk. The first amendment steps between now and final enactment to the consideration of Calendar No. was rejected by the Senate June 13. of the legislation. We look forward to 380, H.R. 4560. But the disclosure provision was added continuing to work with the adminis- The PRESIDING OFFICER. The to the bill today. This provision gives tration on this issue, as we have done clerk will report the bill by title. regulators an essential tool to safe- since shortly after the attacks. Again, The senior assistant legislative clerk guard against excessive price hikes, I want to underscore the importance of read as follows: and consumers more information upon this legislation and of the actions that A bill (H.R. 4560) to eliminate the deadlines which to base purchasing decisions. the Senate has taken today to move it for spectrum auctions of spectrum pre- Mr. SARBANES. Mr. President, I forward. viously allocated to television broadcasting. want to take this opportunity to ex- VOTE EXPLANATION The Senate proceeded to consider the press my appreciation to my colleague, ∑ Mr. KERRY. Mr. President, due to bill. Senator DODD for his efforts to move a longstanding commitment I was nec- AMENDMENT NO. 3893 this bill along. We have just completed essarily absent for the vote on cloture Mr. DASCHLE. I understand Sen- the Banking Committee’s markup of on the Terrorism Reinsurance bill, S. ators ENSIGN, KERRY, and STEVENS the Public Company Accounting Re- 2600, and on final passage of the ter- have a substitute amendment at the form and Investor Protection Act of rorism reinsurance bill. Although my desk. I ask unanimous consent that the 2002, which the committee reported fa- votes would not have affected the out- Senate consider and agree to the vorably by a vote of 17–4. Returning to come, had I been present, I would have amendment, the motion to reconsider the matter pending before us, I simply voted for cloture on the bill and for be laid upon the table, the bill as want to acknowledge that the Senate final passage.∑ amended be read three times, passed, has taken a considerable step forward f the motion to reconsider be laid on the in addressing the important issue of table, and any statements relating terrorism insurance. MARITIME TRANSPORTATION thereto be printed in the RECORD with- The discussion over the last several ANTITERRORISM ACT OF 2002 out further intervening action or de- days has clearly illustrated the dimen- Mr. DASCHLE. Mr. President, I ask bate. sions of the problem. Many insurers are the Chair to lay before the Senate a The PRESIDING OFFICER. Without excluding coverage of terrorism from message from the House of Representa- objection, it is so ordered. the policies they write. In those cases tives with respect to S. 1214, the port The amendment (No. 3893) was agreed where terrorism insurance is available, security bill. to, as follows: it is often unafforable, and very lim- The PRESIDING OFFICER laid be- Strike all after the enacting clause and in- ited in the scope and amount of cov- fore the Senate the following message sert the following: erage. from the House of Representatives: SECTION 1. SHORT TITLE. The fact that so many properties are Resolved, That the House insist upon its This Act may be cited as the ‘‘Auction Re- uninsured or underinsured against the amendment to the bill (S. 1214) entitled ‘‘An form Act of 2002’’. risk of terrorism could have a negative Act to amend the Merchant Marine Act, 1936, SEC. 2. FINDINGS. effect on our economy and our recovery to establish a program to ensure greater se- Congress finds the following:

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(1) Circumstances in the telecommuni- ‘‘(B) TERMINATION OF PORTIONS OF AUCTIONS assigned for digital broadcasting in order to cations market have changed dramatically 31 AND 44.—Except as provided in subpara- continue analog broadcasting during the since the auctioning of spectrum in the 700 graph (C), the Commission shall not com- transition to digital broadcasting, the Fed- megahertz band was originally mandated by mence or conduct auctions 31 and 44 on June eral Communications Commission may not, Congress in 1997, raising serious questions as 19, 2002, as specified in the public notices of either at the time of the grant or thereafter, to whether the original deadlines, or the sub- March 19, 2002, and March 20, 2002 (DA 02–659 waive or otherwise reduce— sequent revision of the deadlines, are con- and DA 02–563). (1) the spacing requirements provided for sistent with sound telecommunications pol- ‘‘(C) EXCEPTION.— analog broadcasting licensees within chan- icy and spectrum management principles. ‘‘(i) BLOCKS EXCEPTED.—Subparagraph (B) nels 2–51 as required by section 73.610 of the (2) No comprehensive plan yet exists for al- shall not apply to the auction of— Commission’s rules (and the table contained locating additional spectrum for third-gen- ‘‘(I) the C-block of licenses on the bands of therein) (47 CFR 73.610), or eration wireless and other advanced commu- frequencies located at 710–716 megahertz, and (2) the interference standards provided for nications services. The Federal Communica- 740–746 megahertz; or digital broadcasting licensees within chan- tions Commission should have the flexibility ‘‘(II) the D-block of licenses on the bands nels 2–51 as required by sections 73.622 and to auction frequencies in the 700 megahertz of frequencies located at 716–722 megahertz. 73.623 of such rules (47 CFR 73.622, 73.623), band for such purposes. ‘‘(ii) ELIGIBLE BIDDERS.—The entities that if such waiver or reduction will result in any (3) The study being conducted by the Na- shall be eligible to bid in the auction of the degradation in or loss of service, or an in- tional Telecommunications and Information C-block and D-block licenses described in creased level of interference, to any tele- Administration in consultation with the De- clause (i) shall be those entities that were vision household except as the Commission’s partment of Defense to determine whether qualified entities, and that submitted appli- rules would otherwise expressly permit, ex- the Department of Defense can share or re- cations to participate in auction 44, by May clusive of any waivers previously granted. linquish additional spectrum for third gen- 8, 2002, as part of the original auction 44 (b) EXCEPTION FOR PUBLIC SAFETY CHANNEL eration wireless and other advanced commu- short form filing deadline. CLEARING.—The restrictions in subsection (a) nications services will not be completed ‘‘(iii) AUCTION DEADLINES FOR EXCEPTED shall not apply to a station licensee that is until after the June 19th auction date for the BLOCKS.—Notwithstanding subparagraph (B), seeking authority (either by waiver or other- upper 700 megahertz band, and long after the the auction of the C-block and D-block li- wise) to vacate the frequencies that con- applications must be filed to participate in censes described in clause (i) shall be com- stitute television channel 63, 64, 68, or 69 in the auction, thereby creating further uncer- menced no earlier than August 19, 2002, and order to make such frequencies available for tainty as to whether the frequencies in the no later than September 19, 2002, and the pro- public safety purposes pursuant to the provi- 700 megahertz band will be put to their high- ceeds of such auction shall be deposited in sions of section 337 of the Communications est and best use for the benefit of consumers. accordance with paragraph (8) not later than Act of 1934 (47 U.S.C. 337). (4) The Federal Communications Commis- December 31, 2002. sion is also in the process of determining The amendment was ordered to be ‘‘(iv) REPORT.—Within one year after the engrossed, the bill (H.R. 4560), as how to resolve the interference problems date of enactment of this paragraph, the that exist in the 800 megahertz band, espe- Commission shall submit a report to amended, was read the third time and cially for public safety. One option being Congress— passed. considered for the 800 megahertz band would ‘‘(I) specifying when the Commission in- involve the 700 megahertz band. The Com- f tends to reschedule auctions 31 and 44 (other mission should not hold the 700 megahertz than the blocks excepted by clause (i)); and NATIONAL DEFENSE AUTHORIZA- auction before the 800 megahertz inter- ‘‘(II) describing the progress made by the TION ACT FOR FISCAL YEAR 2003 ference issues are resolved or a tenable plan Commission in the digital television transi- has been conceived. Mr. DASCHLE. Mr. President, I now tion and in the assignment and allocation of (5) The 700 megahertz band is currently oc- ask unanimous consent the Senate pro- additional spectrum for advanced mobile cupied by television broadcasters, and will be ceed to Calendar No. 370, S. 2514, the communications services that warrants the so until the transfer to digital television is scheduling of such auctions. Department of Defense authorization completed. This situation creates a tremen- bill; that there be debate only on the dous amount of uncertainty concerning when ‘‘(D) RETURN OF PAYMENTS.—Within one month after the date of enactment of this bill during today’s session; further, the spectrum will be available and reduces that the Senate resume consideration the value placed on the spectrum by poten- paragraph, the Commission shall return to tial bidders. The encumbrance of the 700 the bidders for licenses in the A-block, B- of the bill at 11 o’clock on Wednesday, megahertz band reduces both the amount of block, and E-block of auction 44 the full June 19. money that the auction would be likely to amount of all upfront payments made by The PRESIDING OFFICER. Without produce and the probability that the spec- such bidders for such licenses.’’. objection, it is so ordered. (b) CONFORMING AMENDMENTS.— trum would be purchased by the entities that The clerk will report the bill by title. (1) COMMUNICATIONS ACT OF 1934.—Section valued the spectrum the most and would put The assistant legislative clerk read 309(j)(14)(C)(ii) of the Communications Act of the spectrum to its most productive use. 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by as follows: (6) The Commission’s rules governing vol- striking the second sentence. A bill (S. 2514) to authorize appropriations untary mechanisms for vacating the 700 (2) BALANCED BUDGET ACT OF 1997.—Section for fiscal year 2003 for military activities of megahertz band by broadcast stations— 3007 of the Balanced Budget Act of 1997 (111 the Department of Defense, for military con- (A) produced no certainty that the band Stat. 269) is repealed. struction, for defense activities of the De- would be available for advanced mobile com- (3) CONSOLIDATED APPROPRIATIONS ACT.— partment of Energy, to prescribe personnel munications services, public safety oper- Paragraphs (2) and (3) of section 213(a) of strengths for such fiscal year for the Armed ations, or other wireless services any earlier H.R. 3425 of the 106th Congress, as enacted Forces, and for other purposes. than the existing statutory framework pro- into law by section 1000(a)(5) of an Act mak- The PRESIDING OFFICER. The Sen- vides; and ing consolidated appropriations for the fiscal ator from Michigan. (B) should advance the transition of digital year ending September 30, 2000, and for other television and must not result in the unjust Mr. LEVIN. Mr. President, in behalf purposes (Public Law 106–113; 113 Stat. 1501A– enrichment of any incumbent licensee. of the Armed Services Committee, I am 295), are repealed. SEC. 3. ELIMINATION OF STATUTORY DEADLINES pleased to bring the National Defense FOR SPECTRUM AUCTIONS. SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY. Authorization Act for Fiscal Year 2003 (a) FCC TO DETERMINE TIMING OF AUC- The Federal Communications Commission to the floor. TIONS.—Section 309(j) of the Communications shall conduct rescheduled auctions 31 and 44 This bill would fully fund the fiscal prior to the expiration of the auction author- Act of 1934 (47 U.S.C. 309(j)) is amended by year 2003 budget request of the admin- adding at the end the following new para- ity under section 309(j)(11) of the Commu- graph: nications Act of 1934 (47 U.S.C. 309(j)(11)). istration of $393.3 billion for the na- ‘‘(15) COMMISSION TO DETERMINE TIMING OF SEC. 5. PRESERVATION OF BROADCASTER OBLI- tional security activities for the De- AUCTIONS.— GATIONS. partment of Defense and the Depart- ‘‘(A) COMMISSION AUTHORITY.—Subject to Nothing in this Act shall be construed to ment of Energy. the provisions of this subsection (including relieve television broadcast station licensees In the first 41 days of congressional paragraph (11)), but notwithstanding any of the obligation to complete the digital tel- session this year, the Armed Services other provision of law, the Commission shall evision service conversion as required by sec- Committee held 41 hearings to examine determine the timing of and deadlines for tion 309(j)(14) of the Communications Act of the administration’s budget request 1934 (47 U.S.C. 309(j)(14)). the conduct of competitive bidding under and related issues. Last month, after this subsection, including the timing of and SEC. 6. INTERFERENCE PROTECTION. deadlines for qualifying for bidding; con- (a) INTERFERENCE WAIVERS.—In granting a meeting in markup for 3 days, the com- ducting auctions; collecting, depositing, and request by a television broadcast station li- mittee approved S. 2514, the National reporting revenues; and completing licensing censee assigned to any of channels 52–69 to Defense Authorization Act for Fiscal processes and assigning licenses. utilize any channel of channels 2–51 that is Year 2003.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.025 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5675 I thank all the members of com- No. 1, continue the improvements in upon receipt of a budget request which: mittee for their hard work on this bill. the compensation and quality of life of No. 1, designates the requested amount There were two close votes on two the men and women in the Armed as being essential to the continued war funding issues that caused a few of our Forces, retirees and their families; on terrorism; and No. 2, specifies how members to vote against the bill at the No. 2, sustain the readiness of the the administration proposes to use the end, which, of course, we regret. But military services to conduct the full requested funds, consistent with the except for those two issues, I think we range of their assigned mission, includ- Authorization for the Use of Military probably would have had a unanimous ing current and future operations Force, P.L. 107–40. vote on our committee. against international terrorism; In addition, the bill would add fund- As we take up this bill, America’s No. 3, improve the efficiency of De- ing to address shortfalls in a number of Armed Forces are engaged around the fense Department programs and oper- key readiness accounts and help lessen world as never before. In the months ations and apply the savings toward the burden on some of the Depart- since September 11, we have dispatched high-priority programs; ment’s high demand, low density as- troops not only to Afghanistan but also No. 4, improve the ability of the sets. to Pakistan, the Philippines, the coun- Armed Forces to meet nontraditional These funding increases include $126 tries of central Asia and the Persian threats, including terrorism and weap- million to protect and enhance mili- Gulf. We called up the National Guard ons of mass destruction; and tary training ranges; $232 million for to assist in contingency operations and No. 5, promote the transformation of aircraft, ship, and Navy gun depot to assist in safeguarding our borders the Armed Forces to meet the threats maintenance; $176 million for improve- and protecting our airports. of the 21st century. ments to Air Force and Army facili- All of this has been done without re- First, compensation and quality of ties; $51 million for ammunition to lieving our soldiers, sailors, airmen, life: meet new training requirements and and marines of ongoing deployments in The bill reflects the committee’s supplement war reserve stocks; $55 mil- Korea, the Balkans, Colombia, and highest priority—ensuring that our lion to address the Army’s aviation elsewhere. men and women in uniform, retirees training backlog; $110 million for the This year, as much as ever before, we and their families receive the com- purchase of an additional EC–130J Com- owe it to our men and women in uni- pensation and quality of life they de- mando Solo aircraft; and $114 million form to act on this bill with dispatch. serve. Toward that end, we added more for modifications to help improve the The events following September 11 than $1.2 billion to the budget request readiness of the EA–6B electronic war- have once again shown that the U.S. for pay and quality of life initiatives. fare aircraft fleet. military is the most capable fighting Specifically, the bill includes a 4.1 per- Relative to combating terrorism, the force in the world. The success of our cent across-the-board pay raise for all bill before us would take a significant forces in Afghanistan has been remark- military personnel, with an additional step towards addressing nontraditional able. Osama bin Laden—if he is alive— targeted pay raise for the mid-career threats by providing in excess of $10 is on the run and in hiding. Many of his force; adds $640 million above the budg- billion for combating terrorism initia- al-Qaida terrorists have been captured et request to improve and replace fa- tives, as requested by the Department, or killed. The Taliban regime that har- cilities on military installations; and including more than $2 billion for force bored them is no more, and a new gov- authorizes a new assignment incentive protection improvements to DOD in- ernment is in place. Nations around pay of up to $1,500 per month to reward stallations around the world. In addition, the bill would provide in- the world have been put on notice: military members who agree to serve creases of $200 million to enhance the America is determined to protect itself in difficult-to-fill assignments. security of our nuclear materials and from more attacks and to bring terror- The bill would also begin to address a nuclear weapons in the Department of ists to justice. longstanding inequity in the compensa- Energy, $43 million in funding for the From Europe to the Persian Gulf to tion of military retirees by authorizing U.S. Special Operations Commands, the Korean Peninsula, the presence of the concurrent receipt of retired pay and $30 million for defense against U.S. military forces and their contribu- and veterans’ disability compensation chemical and biological weapons and tions to regional peace and security for military retirees with disabilities other efforts to combat weapons of continue to reassure our allies and rated at 60% or more. During our mass destruction. deter potential adversaries. Over the markup, the committee approved a We have also included two important last decade, U.S. forces have excelled separate amendment that would au- legislative initiatives that would re- in every mission assigned to them, in- thorize concurrent receipt of retired quire the Department of Defense to cluding not only Operation Enduring pay and veterans’ disability compensa- take a more comprehensive approach Freedom, but also the 1999 NATO air tion for all disabled military retirees to installation preparedness for weap- campaign over Kosovo and ongoing en- for non-disability retirement. Senator ons of mass destruction attacks and forcement of the no-fly zones over Iraq; WARNER and I plan to offer this amend- authorize the Secretary of Defense to humanitarian operations from Central ment on behalf of the committee at the expand cooperative threat reduction America to Africa; and peacekeeping earliest possible point in the debate of activities beyond the countries of the operations from the Balkans to East this bill. former Soviet Union. Timor. With regard to readiness, we propose Relative to transformation, the bill The excellence behind that success to set aside $10 billion, as requested by would provide significant funds to pro- was not built in months. The success of the administration, to fund ongoing op- mote the transformation of the Armed our forces in Afghanistan is a tribute erations in the war against inter- Forces to meet the threats of the 21st to the men and women of the Armed national terrorism during fiscal year century. In particular, the bill would Forces and the investments in national 2003. The President requested that this add more than $1.1 billion to the defense that Congress and the Depart- money be reserved for the continuance Navy’s shipbuilding accounts to refuel ment of Defense have made over many of the war against international ter- a nuclear submarine and pay for ad- years. Future success on the battlefield rorism, and we believe that there is no vance procurement of an aircraft car- will likewise depend upon the success more important purpose to which this rier, a Virginia-class submarine, a of Congress and the Department in pre- funding could be dedicated. DDG–51 class destroyer, and an LPD–17 paring, training, and equipping our However, the Department is not yet class amphibious transport dock. military for tomorrow’s missions. in a position to state how long the war Our bill would add $105 million for The National Defense Authorization on terrorism will continue, or in what funding for research and development Act for Fiscal Year 2003 builds on the form, or to specify the specific pro- on the Army’s Future Combat System considerable strengths of our military grams for which the requested funds and more than $100 million for science forces and their record of success. The would be used. For this reason, the pro- and technology needed to help the Armed Services Committee identified vision recommended by the committee Army achieve its Objective Force. five priorities to guide us in preparing would authorize for appropriation the It would fully fund the $5.2 billion re- this bill. These were to: $10 billion requested by the President quested by the Department for the F–

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.076 pfrm01 PsN: S18PT1 S5676 CONGRESSIONAL RECORD — SENATE June 18, 2002 22, the $3.5 billion requested for contin- tended to answer seven questions. I am He testified that that $15 billion of ued research and development on the not going to go through them all, but I savings from management efficiencies Joint Strike Fighter, and more than am simply going to say these are im- could be used to: increase ship procure- $600 million requested for Air Force un- portant questions. These are important ment from six to nine ships a year; to manned aerial vehicles. questions for the future well-being of procure several hundred additional air- It would add more than $300 million the men and women in the Army. They craft annually rather than 189. He to the Department’s science and tech- are critical questions. They have to do could meet the target of a 67-year facil- nology budget, bringing the Depart- with risk. What are the risks in pro- ity replacement rate, and those savings ment closer to the Secretary’s goal of ceeding? What are the risks in can- could increase defense-related science devoting 3 percent of all defense funds celing? and technology funding from 2.7 per- to the programs that promise to bring These are questions which the Army cent to 3 percent for the Department of us the revolutionary technologies that was in the middle of analyzing when Defense budget. will be needed to prevail in future con- suddenly, a few days into May, despite To this date, it has been dis- flicts. the earlier decision to allow the com- appointing that the Department has Relative to the Crusader Artillery pletion of this analysis by the end of identified less than $150 million of the System, in the middle of our com- May, the Secretary of Defense simply $15 billion annual savings projected by mittee markup of this bill the Sec- said: We are going to terminate. the Secretary. Despite the largest pro- retary of Defense announced that he Seven questions were to be answered. posed increase in defense spending in 20 intended to terminate the Crusader Ar- And I emphasize, these are questions years, the budget request would fund tillery System. This is a system which which can be life-and-death questions just 5 ships and 166 aircraft, way below the Department of Defense had strong- for the men and women in the future the goals; replace facilities at a 122- ly supported until just a few days ear- armies of this country. They were year rate instead of the 67-year rate, lier. Because the committee had no op- going to analyze these questions in six which is desirable. It would leave the portunity to review the reasons for this combat scenarios. They were going to rate of defense-related science and technology unchanged at just 2.7 per- sudden reversal, we did not address this look at four different alternatives. We cent of the Department of Defense issue in our markup. Instead, we sched- believe the answers to those questions budget instead of the 3-percent target uled a hearing with the Secretary of in that analysis should be completed. which is desirable. Defense and the Army Chief of Staff to The amendment, which I will offer on In short, despite the proposed $48 bil- consider the merits of the program. behalf of the committee, as I promised lion increase in defense spending, man- At that hearing, the Secretary of De- to the committee I would offer early in agement efficiencies are needed now fense favored termination. The Army this debate, was adopted, as I said, by more than ever to ensure the tax- Chief of Staff testified that the system a 13-to-6 vote. payers’ money is well spent. was very important and very necessary We hope the Senate will approve this Our bill includes a number of provi- and, as a matter of fact, an important amendment. We think it is the correct sions to help address this problem, in- part of transformation. The Chief of balance. Not only should we have that cluding a major initiative, based on Staff is a very strong supporter of information before we or the Defense recommendations of the Defense transformation. Department—either one of us—finally Science Board and the DOD Director of I think we all—as we perhaps will be decide on termination, that analysis is Operational Test and Evaluation, to debating the Crusader System—should important as to how best to spend that address budget shortfalls and organiza- recognize the contribution of the Army money. Where should we jump to? Even tional shortcomings in the Depart- Chief of Staff to the transformation of if we, this Nation, decide to jump from ment’s test and evaluation infrastruc- the Army. He is not one who has re- Crusader, even if we take whatever ture that have led to inadequate test- sisted transformation. He has been a risks are involved—and there are risks ing of major weapons systems. very strong supporter of trans- involved in that—the decision also in- It would provide for a continuation of formation, and he views the Crusader volves, Where do we then allocate last year’s initiative by the committee Artillery System—or viewed this at the those funds? How do we allocate those to improve the way in which the De- time he testified—as an important part funds? And that analysis is critically partment manages its $50 billion of of that transformation. important to that issue as well. We services contracts with resulting sav- On June 13, the committee met to hope our amendment will address both ings of $850 million. We include a provi- discuss the Crusader Artillery System. those issues in a rational, thoughtful sion that would address the Depart- At that time, the committee voted 13 way. ment’s inability to produce reliable fi- to 6 to recommend an amendment that Congress has a responsibility also to nancial information and achieve $400 would do two things. First, it would ensure that the resources our tax- million of savings by deferring spend- take the $475 million out of the Cru- payers provide for national defense are ing on new financial systems that sader program and put the money into spent wisely. The administration has would be inconsistent with a com- a separate funding line for future com- not complied with statutory require- prehensive financial management en- bat systems research and development. ments to provide Congress with a na- terprise architecture currently being This is the Army’s armored systems tional security strategy and an annual developed by the Department. We in- modernization line. Second, we would report outlining detailed plans for the clude a provision requiring the Depart- require the Army Chief of Staff, in our size, structure, shape, or trans- ment to establish new internal controls amendment, to conduct an analysis—or formation of the military. In the ab- to address recurring problems with the finish his analysis—of alternatives for sence of that planning, again, required abuse of purchase cards and travel the Army’s artillery needs and to sub- by law, the Department of Defense is cards by military and civilian per- mit his findings to the Secretary of De- going to have difficulty establishing a sonnel. fense no later than 1 month after the clear vision for the future for our In the area of missile defense, the bill date of enactment of this act. Armed Forces. would reallocate $812 million for mis- This approach would enable the Sec- But a year ago, the Secretary of De- sile defense expenditures that appear retary of Defense to terminate the Cru- fense testified before us saying: ‘‘We to be unjustified or duplicative to high- sader program following the receipt of have an obligation to taxpayers to er priority areas. The bill would trans- the Army’s analysis which was trun- spend their money wisely.’’ He said fer $690 million from missile defense cated. The Army, in late April, was that he had ‘‘never seen an organiza- activities to fund advanced procure- told that it could complete its analysis tion, in the private or public sector,’’ ment of a second Virginia-class sub- by the end of this fiscal year. And then, to use his words, ‘‘that could not, by marine as soon as fiscal year 2005; ad- in early May, it was told that it could better management, operate at least vanced procurement for a second LPD– have until the end of May to complete five percent more efficiently if given 17 amphibious transport dock in fiscal this analysis. the freedom to do so. Five percent of year 2004; and advanced procurement I emphasize the importance of this the DOD budget,’’ he pointed out, ‘‘is for a third DDG–51 Arleigh Burke-class analysis. The Army’s analysis is in- over $15 billion!’’ destroyer in fiscal year 2004.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.077 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5677 Every defense budget requires of this program element is to develop cluded in this bill. First, the budget re- choices, as every other budget of every an integrated architecture of BMD sys- quest of the administration included other Department. Even with more tems. While this is an important goal, $15 million in the Department of En- than $390 billion to spend for national most of the systems that will comprise ergy to begin studying the feasibility security activities, the administration the BMD architecture are years away of the new robust nuclear earth pene- was not able to fund every important from being deployed, making the devel- trator. We had doubts about the need national security priority. Each of the opment and definition of a detailed for this new nuclear weapon, particu- military services came to us with a BMD architecture impossible at this larly at a time when we are trying to long list of unfunded priorities, items point. convince other countries to forgo the not included in their budget, which After receiving more than $800 mil- development of nuclear weapons, and they believe to be important to the na- lion for this program element in fiscal we adopted an amendment deleting tional defense. year 2002, the Missile Defense Agency funding for the robust nuclear pene- There was unanimous agreement has yet to provide to Congress any in- trator and instead we directed the De- among the members of the Armed dication what the overall ballistic mis- partment of Defense, in consultation Services Committee that the Presi- sile defense architecture might be. In with the Secretary of Energy, to sub- dent’s budget did not provide adequate fact, the committee learned that of the mit a report to Congress on the re- resources to maintain the Navy’s sur- $800 million appropriated for that pro- quirements for this new nuclear weap- face fleet or attack submarines. The gram element in fiscal year 2002, only on—how it would be deployed, what committee received extensive testi- $50 million had been spent by the end categories of targets it would be used mony from DOD witnesses and numer- of March, halfway through the fiscal against, and whether conventional ous DOD and Navy reports indicating year. weapons could effectively address such that the Navy should be building 8 to 10 Because of this slow execution, the targets. ships per year to recapitalize its cur- Missile Defense Agency informed us Second, less than a month before we rent fleet. A number of Navy witnesses, that $400 million of these fiscal year began our markup, the Department of including the chief of naval operations, 2002 funds will be available for expendi- Defense sent us a legislative proposal have indicated they believe that the ture in 2003. So half of the money that to exempt certain military installa- Navy should be building a fleet with as we appropriated in 2002 for that pro- tions and activities from the Endan- many as 375 ships in order to meet the gram element is not going to be spent. gered Species Act, the Migratory Bird requirements the Navy faces today. It is going to be available next year. Treaty Act, the Marine Mammal Pro- Two years ago, the Navy’s ship- Under those circumstances, it is hard tection Act, the Clean Air Act, the building plan called for 23 ships be- to see why the Department would need Solid Waste Disposal Act, and the Com- tween 2003 and 2005. This year’s plan a $250 million increase in that program prehensive Environmental Response calls for only 17 ships during that pe- element in fiscal year 2003. and Compensation Liability Act, or riod. In short, we made a choice to make CERCLA. The Department’s proposed budget careful, well-justified reductions in We did not consider those proposals for missile defense was not even re- missile defense programs to fund in- because all those statutes fall outside viewed by the Joint Chiefs of Staff. creases to the Department’s ship- the jurisdiction of the Armed Services Earlier this year, each of the four serv- building accounts, and other critically Committee. We did include two envi- ice chiefs testified before the Armed important accounts, which are strong- ronmentally sound provisions in the Services Committee that they had not ly supported by most members of the Department’s proposal that were in our been asked for their views on the fund- uniformed Navy and by members of the committee’s jurisdiction. These provi- ing for missile defense programs rel- committee. The choice was the right sions authorize the Department of De- ative to other priorities in the budget— one. fense to enter into agreements with all those unmet requirements that One of the things we used the money non-Federal entities to manage lands they told us about. They were not for, one of the important areas that we adjacent to military installations and asked to weigh the importance of the used that funding for, was greater secu- to create buffer zones between training missile defense budget against those rity of our Department of Energy nu- areas and the surrounding population. other needed items. clear facilities. The greatest threat we America’s Armed Forces are ready to The committee, and the sub- face is a terrorist threat. Those facili- help keep the peace, to deter tradi- committee chaired by Senator JACK ties are not adequately protected. We tional and nontraditional threats to REED, conducted an exhaustive exam- found some additional money—about our security and our vital interests ination of the proposed missile defense $100 million—in those reductions in the around the world, and to win any con- budget, holding two strategic sub- missile defense accounts which we be- flict decisively. Our bill builds on the committee hearings alone on missile lieved could not be justified, not just to considerable strength of our military defense, reviewing 400 pages of missile build more ships, which are necessary, forces and their record of success by defense budget documentation, and but also to give greater security to our preserving a high quality of life for participating in more than 25 hours of Department of Energy nuclear facili- U.S. forces and their families, sus- staff briefings by the Department of ties which are so critically important taining readiness, transforming the Defense. Based on this lengthy review, to be defended. Armed Forces to meet the threats and the committee recommended funding Secretary Rumsfeld has written us challenges of tomorrow. the vast majority of the Department’s that the Department opposes these I hope our colleagues will join us in missile defense requests, an amount changes and he would recommend that supporting this important legislation. that is sufficient to aggressively fund the President veto the bill if this Mr. President, the Congressional all of the specific systems that the De- change in missile defense funding re- Budget Office is required to prepare a partment has said it wants to develop. mains in the bill. But again, this veto cost estimate for spending legislation However, at the same time the com- threat not only is addressed at the reported by committees. The cost esti- mittee identified $810 million of the funding cuts in the bill but, in effect, is mate for the bill reported by the com- missile defense request, which is 11 per- addressed at the items that we added in mittee, S. 2514, was not finished at the cent of the total request, that could the bill which are so important to the time the report on this bill was filed. not adequately be justified by the De- national security of this country. The CBO cost estimate is now avail- partment despite a detailed review of We believe our bill would provide the able. I ask unanimous consent that the available documentation and repeated Missile Defense Agency as much money Congressional Budget Office cost esti- requests at hearings and in briefings. as can reasonably be executed for the mate for the Defense authorization bill For example, the budget request in- missile defense program in this year reported by the Committee on Armed cluded $1.1 billion in the ballistic mis- and would ensure that this money is Services be printed in the RECORD. sile defense program element. That is expended in a sound manner. There being no objection, the mate- an increase of $250 million over the cur- Mr. President, finally, I wish to say a rial was ordered to be printed in the rent funding level. The major purpose few words on two items that are not in- RECORD, as follows:

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U.S. CONGRESS, 2003 and an estimated $14 billion in addi- ment annuities with veterans’ disability CONGRESSIONAL BUDGET OFFICE, tional funding for 2002 for the military func- compensation to retirees from the military Washington, DC, May 21, 2002. tions of the Department of Defense (DoD) and the other uniformed services who have Hon. CARL LEVIN, and the Department of Energy (DOE). It also service-connected disabilities rated at 60 per- Chairman, Committee on Armed Services, U.S. would prescribe personnel strengths for each cent or greater. Because it would affect di- Senate, Washington, DC. active-duty and selected reserve component rect spending, the bill would be subject to DEAR MR. CHAIRMAN: The Congressional of the U.S. armed forces. CBO estimates that Budget Office has prepared the enclosed cost appropriation of the authorized amounts for pay-as-you-go procedures. estimate for S. 2514, the National Defense 2002 and 2003 would result in additional out- S. 2514 contains no intergovernmental or Authorization Act for Fiscal Year 2003. lays of $402 billion over the 2002–2007 period. private-sector mandates as defined in the The CBO staff contact is Kent Christensen. The bill also contains provisions that Unfunded Mandates Reform Act (UMRA) and If you wish further details on this estimate, would raise the costs of discretionary de- would impose no costs on state, local, or we will be pleased to provide them. fense programs over the 2004–2007 period. tribal governments. Sincerely, CBO estimates that those provisions would BARRY B. ANDERSON require appropriations of $6.8 billion over Estimated cost to the Federal Govern- (For Dan L. Crippen, Director). those four years. ment: The estimated budgetary impact of S. Enclosure. The bill contains provisions that would in- 2514 is shown in Table 1. Most of the costs of S. 2514—National Defense Authorization Act for crease direct spending by an estimated $5.6 this legislation fall within budget function Fiscal Year 2003 billion over the 2003–2007 period and $17.6 bil- 050 (national defense). Summary: S. 2514 would authorize appro- lion over the 2003–2012 period, primarily from priations totaling $392 billion for fiscal year the phase-in of concurrent payment of retire- TABLE 1.—BUDGETARY IMPACT OF S. 2514, THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2003

By fiscal year, in millions of dollars— 2002 2003 2004 2005 2006 2007

SPENDING SUBJECT TO APPROPRIATION Spending Under Current Law for Defense Programs: Budget Authority 1 ...... 346,319 00000 Estimated Outlays ...... 346,900 116,372 38,931 13,267 5,535 2,723 Proposed Changes: Authorization of Supplemental Appropriations for 2002: Estimated Authorization Level 2 ...... 14,048 0 0 0 0 0 Estimated Outlays 2 ...... 5,345 5,782 1,941 660 174 79 Authorization of Appropriations for 2003: Estimated Authorization Level ...... 0 391,543 0 0 0 0 Estimated Outlays ...... 0 259,711 88,543 28,227 8,201 2,856 Spending Under S. 2514 for Defense Programs: Estimated Authorization Level ...... 360,367 391,543 0 0 0 0 Estimated Outlays ...... 352,245 381,865 129,415 42,154 13,910 5,658 CHANGES IN DIRECT SPENDING Estimated Budget Authority ...... 0 359 674 1,081 1,533 1,936 Estimated Outlays ...... 0 359 674 1,081 1,533 1,936 1 The 2002 level is the amount appropriated for programs authorized by S. 2514. 2 The estimates shown for the 2002 supplemental are amounts contained in the Administration’s supplemental request for defense programs. The outlay estimate for 2003 includes $5,684 million of spending from funds requested as emergency appropriations. Excluding emergency spending would lower total outlays in 2003 to $376,181 million. Note.—This table excludes estimated authorizations of appropriations for years after 2003. (Those additional authorizations are shown in Table 3.)

Basis of estimate cally authorize appropriations of $70 million sonnel, that would be covered by the fiscal Spending subject to appropriation for the Armed Forces Retirement Home year 2003 authorization and by authoriza- (function 600—income security). tions in future years. Table 3 contains esti- The bill would specifically authorize ap- The estimate assumes that the estimated propriations totaling $391.5 billion in 2003 mates of those amounts. In addition to the authorization amount for 2002 is appro- costs covered by the authorizations in the (see Table 2) and additional amounts as may priated by the end of June 2002, and that the bill for 2003, these provisions would raise es- be necessary for supplemental appropria- amounts authorized for 2003 will be appro- tions for defense in 2002, which CBO esti- priated before the start of fiscal year 2003. timated costs by $6.8 billion over the 2004– mates would total $14 billion based on the Outlays are estimated based on historical 2007 period. The following sections describe Administration’s request. Most of those spending patterns. the provisions identified in Table 3 and pro- costs would fall within budget function 050 The bill also contains provisions that vide information about CBO’s cost estimates (national defense). S. 2514 also would specifi- would affect various costs, mostly for per- for those provisions. TABLE 2.—SPECIFIC AUTHORIZATIONS IN S. 2514

By fiscal year, in millions of dollars— Category 2003 2004 2005 2006 2007

Military Personnel: Authorization Level 1 ...... 94,297 0 0 0 0 Estimated Outlays ...... 89,205 4,432 283 94 0 Operation and Maintenance: Authorization Level ...... 139,938 0 0 00 Estimated Outlays ...... 103,010 28,058 6,279 1,395 478 Procurement: Authorization Level ...... 72,818 0 0 0 0 Estimated Outlays ...... 20,599 27,458 15,289 5,193 1,808 Research, Development, Test, and Evaluation: Authorization Level ...... 55,686 0 0 0 0 Estimated Outlays ...... 31,375 20,110 3,240 587 153 Military Construction and Family Housing: Authorization Level ...... 10,129 0 0 0 0 Estimated Outlays ...... 2,686 3,805 2,259 805 327 Atomic Energy Defense Activities: Authorization Level ...... 15,895 0 0 0 0 Estimated Outlays ...... 10,667 4,245 853 74 55 Other Accounts: Authorization Level ...... 2,688 0000 Estimated Outlays ...... 1,736 501 174 128 60 General Transfer Authority: Authorization Level ...... 0 0 0 0 0 Estimated Outlays ...... 350 ¥75 ¥150 ¥75 ¥25 Total: Authorization Level 2 ...... 391,451 0 0 0 0 Estimated Outlays ...... 259,628 88,534 28,227 8,201 2,856 1 This authorization is for discretionary appropriations and does not include $55 million for mandatory payments from appropriations for military personnel. 2 These amounts comprise nearly all of the proposed changes for authorizations of appropriations for 2003 shown in Table 1; they do not include the estimated authorization of $92 million for the Coast Guard Reserve, which is shown in Table 3.

VerDate 11-MAY-2000 04:48 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.054 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5679 TABLE 3.—ESTIMATED AUTHORIZATIONS OF APPROPRIATIONS FOR SELECTED PROVISIONS IN S. 2514

By fiscal year, in millions of dollars— Category 2003 2004 2005 2006 2007

MULTIYEAR PROCUREMENT C–130J Aircraft ...... 15 ¥63 ¥121 ¥142 ¥162 FORCE STRUCTURE DoD Military Endstrengths ...... 87 180 186 192 198 Coast Guard Reserve Endstrengths ...... 92 0 0 0 0 COMPENSATION AND BENEFITS (DoD) Military Pay Raises ...... 276 381 398 415 430 Expiring Bonuses and Allowances ...... 706 796 417 234 152 Assignment Incentive Pay ...... 1 14 32 0 0 Education and Training ...... 3 5 9 13 11 Concurrent Receipt ...... 0 588 610 631 650 National Call to Service Program ...... 0 10 19 28 29 DEFENSE HEALTH PROGRAM TRICARE Prime Remote ...... 4 4 4 5 5 Transitional Health Care ...... 75321 OTHER PROVISIONS Voluntary Separation and Early Retirement Incentives (DoD and DOE) ...... 0 121 212 211 0 Federal Employees Health Benefits Program ...... 0 2 3 3 3 School Impact Aid ...... (a)(a)(a)1415 Arctic and Western Pacific Environmental Cooperation Program ...... 7 8 6 5 3 Revitalizing DoD Laboratories ...... (a)(a)(a)(a)0 Contracting for Environmental Remediation ...... ¥2 ¥4 ¥5 ¥7 ¥9 TOTAL ESTIMATED AUTHORIZATIONS Estimated Authorization Level ...... 1,196 2,047 1,773 1,605 1,326

a Less than $500,000. Note.—For every item in this table except the authorization for the Coast Guard Reserve, the 2003 levels are included in the amounts specifically authorized to be appropriated in the bill. Those amounts are shown in Table 2. Amounts shown in this table for 2004 through 2007 are not included in Table 1.

Multiyear Procurement. In most cases, in support of the reserves. The bill would Payment of reenlistment bonuses for ac- purchases of weapon systems are authorized specifically authorize appropriations of tive-duty personnel would cost $327 million annually, and as a result, DoD negotiates a about $94 billion for the costs of military pay in 2003 and $191 million in 2004; enlistment separate contract for each annual purchase. and allowances in 2003. The authorized bonuses for active-duty personnel would cost In a small number of cases, the law permits endstrength represents a net increase of 2,200 $133 million in 2003 and $361 million in 2004; multiyear procurement; that is, it allows servicemembers that would boost costs for Various bonuses for the Selected and DoD to enter into a contract to buy specified salaries and other expenses by $87 million in Ready Reserve would cost $99 million in 2003 annual quantities of a system for up to five the first year and about $190 million annu- and $114 million in 2004; years. In those cases, DoD can negotiate ally in subsequent years, compared to the Special payments for aviators and nuclear- lower prices because its commitment to pur- authorized strengths for 2002. qualified personnel would cost $67 million in chase the weapons gives the contractor an The bill also would authorize an 2003 and $72 million in 2004; incentive to find more economical ways to endstrength of 9,000 in 2003 for the Coast Retention bonuses for officers and enlisted manufacture the weapon, including cost-sav- Guard Reserve. This authorization would members with critical skills would cost $29 ing investments. Annual funding is provided cost about $92 million and would fall under million in 2003 and $19 million in 2004; for these multiyear contracts, but potential budget function 400 (transportation). Accession bonuses for new officers with termination costs are covered by an initial Section 402 would allow the Secretary of critical skills would cost $14 million in 2003 appropriation. Defense to increase endstrength by 2 percent and $5 million in 2004; and Authorities to make special payments and Section 131 would authorize the Secretary above the level authorized by the Congress. give bonuses to certain health care profes- of the Air Force to enter into a multiyear The provision would also allow an increase sionals would cost $37 million in 2003 and $34 contract to purchase C–130J aircraft begin- in endstrength equal to the number of per- ning in 2003 after the Secretary certifies that million in 2004. sonnel within the reserve components that Most of these changes would result in addi- the C–130J has been cleared for worldwide, are on active duty in support of a contin- tional, smaller costs in subsequent years be- over-water capability. Based on information gency operation. While there is the potential cause payments are made in installments. provided by the Air Force, CBO assumes that for increased costs, CBO believes that DoD Assignment Incentive Pay. Section 617 DoD will procure 64 aircraft over the 2003– would still have to manage their resources would authorize a new incentive pay to 2008 period—40 CC–130J aircraft for the Air given the finite amount of money appro- servicemembers who volunteer for difficult- Force and 24 KC–130J aircraft for the Marine priated each year for military personnel. As to-fill jobs or less-than-desirable locations. Corps. CBO also assumes that the CC–130J such, CBO estimates that this provision The authority would expire three years after and KC–130J aircraft would be purchased would not significantly increase costs. the enactment date of this bill. Based on in- under one contract administered by the Air Compensation and Benefits. S. 2514 con- formation from DoD, CBO expects that only Force and covering six years of production tains several provisions that would affect the Navy would use this authority. Based on beginning in 2003. CBO estimates that sav- military compensation and benefits for uni- information provided by the Navy, CBO as- ings from buying these aircraft under a formed personnel. sumes that the special incentive pay would multiyear contract would total $473 million, Military Pay Raises. Section 601 would average $300 a month and that 11,250 or about $95 million a year, over the 2003–2007 raise basic pay by 4.1 percent across-the- servicemembers would receive this special period. CBO also estimates that additional board and authorize additional targeted pay pay by 2005. Given expected personnel turn- savings of $182 million would accrue in 2008. raises, ranging from 0.9 percent to 4.4 per- over, CBO estimates that this provision Funding requirements to purchase these air- cent, for individuals with specific ranks and would cost $1 million in 2003 and $46 million craft would total just under $3.4 billion over years of service at a total cost of about $2.3 over the 2003–2005 period. the 2003–2007 period (instead of the almost billion in 2003. Because the pay raises would Education and Training. Section 521 would $3.9 billion that would be needed under an- be above those projected under current law, allow the military services to increase the nual contracts). CBO estimates that the incremental costs number of students at each of the service Multiyear procurement of C–130Js would associated with the larger pay raise would be academies from the current ceiling of 4,000 to raise costs in 2003 because the KC–130J did about $276 million in 2003 and total $1.9 bil- 4,400 students. Based on information from not receive advance procurement in 2002 in lion over the 2003–2007 period. DoD, CBO expects that only the Navy would anticipation of multiyear procurement start- Expiring Bonuses and Allowances. Several significantly increase its service-academy ing in 2003, and because the Air Force would sections would extend DoD’s authority to strength and that it would bring on about 100 need to provide advance procurement for the pay certain bonuses and allowances to cur- extra academy students a year, so that the aircraft that it would purchase in 2004. rent personnel. Under current law, most of student body would increase, after several Military Endstrength. The bill would au- these authorities are scheduled to expire in years, to about 4,400 students. Based on in- thorize active and reserve endstrength levels December 2002, or three months into fiscal formation provided by DoD, CBO assumes for 2003. The authorized endstrengths for ac- year 2003. The bill would extend these au- the other service academies would each in- tive-duty personnel and personnel in the se- thorities through December 2003. Based on crease their enrollments by an insignificant lected reserve would total about 1,390,000 and data provided by DoD, CBO estimates that number of students a year. 865,000, respectively. Of those selected reserv- the costs of these extensions would be as fol- According to DoD, the additional cost to ists, about 68,500 would serve on active duty lows: bring on 400 extra students at the Naval

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.058 pfrm01 PsN: S18PT1 S5680 CONGRESSIONAL RECORD — SENATE June 18, 2002 Academy would be about $29,000 per student and $2.5 billion over the 2004–2007 period. Be- name of DoD’s health care program; Tricare each year. These additional students would cause the phase-in of concurrent receipt ben- Prime and Tricare Prime Remote are man- not be used to increase overall officer efits would not take effect until January 1, aged care programs, and Tricare Standard is endstrength, but rather to offset a desired 2003, the accrual payment for fiscal year 2003 a fee-for-service program. draw down in the number of officers commis- would not be affected. CBO estimates that Tricare Prime Remote. Section 703 would sioned through the Officer Candidate School there also would be direct spending of about affect dependents of servicemembers on ac- (OCS) program, according to the Navy. Thus, $17.3 billion over the 2003–2012 period for in- tive duty who live in a remote area, which is the actual cost of the increase for the acad- creased outlays from the fund. CBO’s esti- defined as roughly a one-hour-or-more driv- emy students would be offset somewhat by mate of those costs is discussed below under ing distance from a military treatment facil- the cost of the OCS graduates they would re- the heading of ‘‘Direct Spending.’’ ity. Under certain conditions, this section National Call to Service. Section 541 would place. Because the OCS program lasts less would allow dependents of personnel on ac- give the Secretary of Defense authority to than one year, the offsetting costs would not tive duty who live in a remote area to par- establish an enlistment program in which a begin to affect net outlays until 2007, when ticipate in Tricare Prime Remote if the participant, in exchange for a specified in- the first of the additional academy students servicemember is transferred to a different centive, would enlist in the armed forces for would graduate and be commissioned. CBO duty station and is not allowed to bring his estimates the cost of implementing this pro- a period of 15 months plus training time fol- or her family. Under current law, dependents vision would be $1 million in 2003 and $31 mil- lowed by service in the reserves, the Peace of personnel on active duty living in remote lion over the 2003–2007 period, assuming ap- Corps, Americorps, or another national serv- areas must reside with the active-duty mem- propriation of the necessary amounts. ice program. The specified incentives would ber to participate in Tricare Prime Remote. Section 652 would extend the period during consist of either a cash bonus of $5,000, pay- If the active-duty servicemember is trans- which eligible reservists may use their edu- ment of student loans not to exceed $18,000, ferred to a duty station where he or she can- cation benefits from 10 years to 14 years. In or education benefits similar to those pro- not bring family members, the family can no 2001, over 82,000 reservists trained under this vided for in the Montgomery GI Bill (MGIB) longer participate in the Tricare Prime Re- program and received an average annual ben- education program. efit of $1,653. These benefits are paid by the Based on information from DoD, CBO esti- mote program. Secretary of Veterans Affairs from the DoD mates that DoD would seek to recruit about Based on information provided by DoD, Education Benefits Fund. Each month, DoD 1 percent of annual enlisted accessions (an CBO estimates that about 27,000 dependents pays into the fund the net present value of average of about 2,000 enlistees a year) under of personnel on active duty would be affected the education benefit granted to each person the National Call to Service program. CBO by this provision. According to DoD, about 40 who enlisted in the previous month. Based assumes that all (or nearly all) participants percent of those dependents who would be el- on information from DoD about current con- would choose the $5,000 cash bonus option igible for Tricare Prime Remote under this tributions to the fund and expected acces- since DoD has indicated that the amount it section already participate in Tricare Stand- sions, CBO estimates implementing section would probably offer for the repayment of ard. Based on data provided by the depart- 652 would increase payments into the fund by student loans would be less than or equal to ment, CBO estimates that the additional in- about $2 million each year. (CBO estimates $5,000. Moreover, while the education bene- cremental cost of providing Tricare Prime that there also would be direct spending of fits offered under this program would be Remote to those individuals would be $113 about $24 million over the 2003–2012 period worth more than $5,000, CBO believes that per person. In addition, CBO estimates that for increased outlays from the fund. CBO’s few enlistees would choose these benefits be- the new benefit would attract about 1,350 de- estimate of those costs is discussed below cause a participant who selected the cash pendents to Tricare Prime Remote who had under the heading of ‘‘Direct Spending.’’) bonus would also have the potential to be el- not previously used any Tricare program at Concurrent Receipt. Section 641 would igible for active-duty or reserve MGIB bene- an estimated annual cost of $1,900 per person. phase in over five years total or partial con- fits. Thus, CBO estimates that the cost for Thus, CBO estimates that the cost of pro- current payment of retirement annuities to- providing the cash bonus to participants who viding Tricare Prime Remote to more indi- gether with veterans’ disability compensa- enlist under the National Call to Service pro- viduals would be $4 million in 2003 and $22 tion to retirees from the uniformed services gram would be about $10 million a year once million over the 2003–2007 period, assuming who have service-connected disabilities rated the program was implemented. Based on in- appropriation of the estimated amounts. at 60 percent or greater. The uniformed serv- formation provided by DoD, CBO assumes Transitional Health Care. Under section ices include all branches of the U.S. mili- that it would take about one year for DoD to 707, family members of reservists who were tary, the Coast Guard, and uniformed mem- implement this program. called to active duty for more than 30 days bers of the Public Health Service (PHS) and CBO also estimates that there would be an would be eligible for health care coverage the National Oceanic and Atmospheric Ad- additional cost associated with admin- under Tricare for 60 days after the reservist ministration (NOAA). istering this program. Since servicemembers is released from active duty. Under current Under current law, disabled veterans who who would enlist under the National Call to law, only the reservist is eligible for health are retired from the uniformed services can- Service program would leave the military care coverage under Tricare for the 60 days not receive both full retirement annuities one year sooner than the average enlisted after he or she is released from active duty. and disability compensation from the De- member who leaves after his or her initial While there are currently more than 80,000 partment of Veterans Affairs (VA). Because obligation is fulfilled, DoD would need to in- reservists on active duty, CBO assumes for of this prohibition on concurrent receipt, duct more people into the military to main- this estimate that the number of reserves such veterans forgo a portion of their retire- tain endstrength. CBO estimates that DoD will fall to about 65,000 in 2003 and 10,000 by ment annuity equal to the nontaxable vet- would need to induct 1,000 additional enlist- 2006. If the number of reservists remains at erans’ benefit. This section would phase in ees a year to make up for the accelerated current levels over the 2003–2007 period, the concurrent receipt of both benefits so that, loss in personnel. With an average training estimated costs would be correspondingly beginning in 2007, individuals who have sig- period of about six months, DoD would need higher. nificant service-connected disabilities and to add these enlistees about half a year ear- Based on data from DoD and the General have a retirement annuity based on years of lier. Thus, the first bonuses would not be Accounting Office, CBO estimates that about service, would receive both benefits in full paid out until 2004 and the first replacements 50 percent of the reservists have families and without the reduction called for under cur- would not have to be inducted until 2005. that about 40 percent of those families would rent law. Individuals whose retirement pay Based on information from DoD, CBO esti- use the transitional health care. CBO further is based on their degree of disability would mates that the average cost for each addi- estimates that providing an additional 60 continue to forgo retirement pay equal to tional enlistee would be about $16,250 in fis- days of health care coverage to those fami- the VA compensation payment, but only to cal year 2003, which includes the cost of pro- lies would cost, on average, about $600 per the extent that their disability had entitled viding new uniforms, travel expenses, and six family. After accounting for inflation and them to a larger retirement annuity than months of salary and benefits during train- the assumed decline in the level of reservists they would have received based on years of ing. After adjusting for inflation and assum- called to active duty, CBO estimates that service. ing that new participants are brought into this provision would cost $7 million in 2003, The military retirement system is fi- the program evenly throughout the first and $18 million over the 2003–2007 period, as- nanced in part by an annual payment from year, CBO estimates that the cost of these suming appropriation of the estimated appropriated funds to the military retire- additional accessions would be $9 million in amounts. ment trust fund, based on an estimate of the 2005 and an average of $20 million per year system’s accruing liabilities. If this provi- thereafter. Voluntary Separation and Early Retire- sion is enacted, the yearly contribution to Therefore, CBO estimates that the total ment Incentives. S. 2514 contains several pro- the military retirement trust fund (an out- costs for the National Call to Service pro- visions that would allow DoD and the De- lay in budget function 050) would increase to gram would be $10 million in 2004, $19 million partment of Energy to offer voluntary retire- reflect the added liability from the expected in 2005, and about $85 million over the 2004– ment incentives to their civilian employees. increase in annuities to future retirees. 2007 period. Taken together, CBO estimates imple- Using information from DoD, CBO estimates Defense Health Program. Title VII con- menting these provisions would cost $121 that implementing this provision would in- tains several provisions that would affect million in 2004 and $544 million over the 2004– crease such payments by $588 million in 2004 DoD health care and benefits. Tricare is the 2006 period.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.060 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5681 Section 1102 would provide DoD with the tary populations. Many military families in Under the new pilot program, DoD would authority to offer voluntary retirement in- those school districts live on federal instal- be authorized to waive certain restrictions centives of up to $25,000 to its civilian em- lations and do not contribute to the local not required by law that hinder the objective ployees who voluntarily retire or resign property tax base that is used to help finance of achieving improved efficiencies. The de- through September 30, 2006. Current buyout school operations. Heavy impact aid helps to partment also would be authorized to use in- authority for DoD is scheduled to expire on offset this loss of local tax revenue. Under novative methods of personnel management September 30, 2003. Based on discussions with current law, schools can only receive heavy and technology development. According to DoD staff, CBO assumes that about 16,500 impact aid if they meet strict criteria for information provided by DoD, the labora- DoD employees would participate in the numbers of federal students located in their tories participating in the existing pilot pro- buyout program in 2004 through 2006. CBO es- districts, local tax rates, and per pupil ex- gram were granted similar authorities. DoD timates that the buyout payments would penditures. Because of population reloca- reported that these laboratories did not sub- cost $88 million in 2004 and $414 million over tions associated with certain military hous- stantially change their business practices the 2004–2006 period, assuming appropriation ing initiatives, some school districts will because, in their view, they already had the of the estimated amounts. DoD also would be temporarily be unable to meet these criteria authority to waive non-statutory regula- required to make a payment to the Civil and will lose their heavy impact aid for sev- tions. Thus, CBO assumes that any labora- Service Retirement and Disability Fund eral years. tories selected for the new program would (CSRDF) for every employee who takes a Based on data from the Department of not change their business practices substan- buyout. The payments would equal 15 per- Education and the Military Impacted tially. CBO estimates that spending under cent of the final basic pay of each employee Schools Association, CBO estimates that these new and extended authorities would and come out of the agency’s appropriated about four school districts would initially be not be significant—probably less than funds. Assuming an average final salary for affected by housing privatization and that $500,000 annually over the 2003–2006 period. the affected workers of $45,000, CBO esti- these school districts receive about $18 mil- (CBO estimates that the provision allowing a mates these payments would cost DoD $24 lion in heavy impact aid annually. Because limited liability corporation also would in- million in 2004 and $118 million over the 2004– applications for heavy impact aid are based crease direct spending by a total of $15 mil- 2006 period. (CBO estimates that enacting on school district statistics from three years lion over the 2004–2006 period. CBO’s estimate this section also would increase direct spend- prior, CBO estimates that the cost of imple- of those outlays is discussed below under the ing for federal retirement and retiree health menting this section would not occur until heading of ‘‘Direct Spending.’’) care benefits by a total of $188 million over 2006. After adjusting for the changes in stu- Multiyear Procurement of Environmental the 2004–2012 period. CBO’s estimate of those dent population within the affected districts, Remediation Services. Section 827 would outlays is discussed below under the heading CBO estimates that restoration of this aid give DoD the authority to enter into multiyear contracts for environmental reme- of ‘‘Direct Spending.’’) would cost about $14 million per year. Since Section 3163 would provide DOE with au- the requirements of the School Impact Aid diation services. Under current law, the total thority to offer voluntary retirement incen- program are not always fully funded, CBO cost of any multiyear remediation service tives of up to $25,000 to employees who vol- expects that the Department of Education contract must be fully funded at the begin- untarily retire or resign in calendar year would likely fund this increase through re- ning of the contract. DoD has found this dif- 2004. Current buyout authority for DOE is ductions in aid to other school districts. CBO ficult to do for contracts that are expensive scheduled to expire on December 31, 2003. expects this cost would reoccur annually and last several years. Instead, DoD often Based on information from DOE, CBO as- only for the duration of the housing privat- awards these contracts for environmental re- sumes that about 350 DOE employees would ization effort within the affected school dis- mediation to cover work for one year and participate in the buyout program in cal- tricts, which CBO estimates to be about then extends the contract on a year-to-year ender year 2004. CBO estimates that the cost three years. basis as funds become available. DoD states of the buyout payments would total $6 mil- Section 1064 also would allow coterminous that contracting in this manner is generally school districts (school districts whose more expensive because contractors charge lion in 2004 and $2 million in 2005. DOE would boundaries are the same as a military base) higher prices when they don’t know whether also be required to make a payment to the to change the way in which they include stu- the contract will continue beyond the cur- CSRDF for every employee who takes a dents living off the base in their heavy im- rent year. Thus, allowing DoD to sign buyout. The payments would equal 15 per- pact aid calculations. CBO estimates that multiyear contracts for environmental reme- cent of the final pay of each employee and implementing this provision would change diation would most likely produce some sav- come out of the agency’s appropriated funds. the calculation of heavy impact aid for 200 ings. DoD could not provide CBO with the Assuming an average final salary for the af- students in two school districts and that the necessary data to produce a precise estimate fected workers of $75,000, CBO estimates impact aid for these students would increase of the annual savings. However, given the these payments would cost DOE $3 million in by about $2,300 per student. CBO estimates high cost of these contracts, CBO believes 2004 and $1 million in 2005. (CBO estimates allowing coterminous school districts to these savings could be significant. CBO esti- that enacting this section also would in- change the method for calculating heavy im- mates that DoD currently spends about $1.7 crease direct spending for federal retirement pact aid would cost slightly less than $500,000 billion each year on environmental cleanup and health care benefits by a total of $8 mil- each year beginning in 2003. related activities. If 10 percent of future con- lion over the 2004–2012 period. CBO’s estimate Arctic and Western Pacific Environmental tracts were negotiated as multiyear con- of those outlays is discussed below under the Cooperation Program. Section 1214 would au- tracts and those contracts produced savings heading of ‘‘Direct Spending.’’) thorize the Department of Defense, with the of about 5 percent on average, multiyear Federal Employees Health Benefits (FEHB) concurrence of the Secretary of State, to as- contracting for environmental remediation Program. Section 1103 would extend a provi- sist in mitigating the impact of military op- efforts would save about $10 million annually sion of law into fiscal year 2007 that allows erations on the environment of the arctic after a five-year phase-in period. DoD and certain Department of Energy em- and western Pacific regions, particularly nu- Disposition of Surplus Plutonium. In Janu- ployees whose employment is terminated be- clear or radiological impacts. Based on infor- ary 2002, the Secretary of Energy announced cause of a reduction-in-force action to con- mation from DoD, CBO estimates that imple- that the federal government plans to convert tinue to participate in the FEHB health in- menting this provision would cost $29 mil- roughly 34 metric tons of surplus weapons surance program and only pay the regular lion over the 2003–2007 period, assuming ap- grade plutonium currently located at various employee’s share of the insurance premium. propriation of the estimated amounts. DOE facilities into mixed-oxide (MOX) fuel The respective departments would be respon- Revitalizing DoD Laboratories. Section 241 that would be suitable for use in U.S. com- sible for paying the normal employer’s share would allow DoD to establish a new three- mercial nuclear reactors. The federal govern- of the premium. Under current law, this pro- year pilot program beginning in March 2003 ment would ship the surplus plutonium to a vision expires in fiscal year 2004. Based on in- at various DoD laboratories to pursue im- MOX fuel fabrication facility at its Savan- formation from DoD and the Office of Per- proved efficiencies for performing research nah River Site in Aiken, South Carolina. sonnel Management, CBO estimates that this and development work at these laboratories. DOE plans to start construction of the facil- provision would affect about 500 people a The section also would extend through 2006 ity in 2004 and expects that construction year at an average annual cost of $5,500 per authorizations for similar pilot projects that would be complete by 2007. The facility person over the 2003–2007 period. CBO esti- will expire in 2003. Finally, section 241 would would be able to convert about 3.5 metric mates that extending this provision into fis- permit laboratories participating in this new tons of plutonium a year and would complete cal year 2007 would cost $2 million in 2004, pilot program to enter into public-private the conversion in about 12 years. and $11 million over the 2004–2007 period, as- partnerships and other business arrange- Section 3182 would require that the Sec- suming appropriation of the estimated ments with private firms to achieve im- retary of Energy pay up to $100 million a amounts. proved efficiencies. The authority to enter year to the state of South Carolina begin- School Impact Aid. Section 1064 would into such partnerships would expire in 2006. ning in 2011, if the planned conversion sched- allow school districts with a large percent- Under section 241, one of the public-private ule was not met. The federal government age of children from military families to partnerships could be established as a lim- could avoid these penalties, however, if it re- continue to receive heavy impact aid when ited liability corporation where the federal moves at least one metric ton of plutonium military families are temporarily relocated. and nonfederal partners could contribute a year from South Carolina over the 2011– Heavy impact aid is federal funding ear- capital, services, or facilities to the corpora- 2016 period and removes all remaining pluto- marked for school districts with large mili- tion. nium after 2016.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.061 pfrm01 PsN: S18PT1 S5682 CONGRESSIONAL RECORD — SENATE June 18, 2002 Based on delays in developing the con- tion would not be completed by 2011. If DOE compensation to retirees from the military struction plans for the proposed MOX facil- does not remove the required surplus pluto- and the other uniformed services who have ity, and delays in similar programs such as nium from the state of South Carolina, DOE service-connected disabilities rated at 60 per- the Nuclear Waste Repository Site at Yucca would need to pay up to $100 million a year cent or greater. The bill also contains a few to the state starting in 2011. Mountain, Nevada, and the Waste Isolation provisions with smaller direct spending Pilot Program at Carlsbad, New Mexico, CBO Direct Spending costs. In total, CBO estimates that enacting believes that there is some chance that con- The bill contains provisions that would in- struction of the MOX facility could be de- crease direct spending, primarily from the S. 2514 would result in an increase in direct layed for several years beyond the 2007 phase-in of concurrent payment of retire- spending totaling $5.6 billion over the 2003– planned completion date and that construc- ment annuities with veterans’ disability 2007 period (see Table 4). TABLE 4.—ESTIMATED DIRECT SPENDING FROM CONCURRENT RECEIPT AND OTHER PROVISIONS IN S. 2514

By fiscal year, in millions of dollars— 2003 2004 2005 2006 2007

CHANGES IN DIRECT SPENDING Section 641—Concurrent Receipt: Estimated Budget Authority ...... 356 628 995 1,439 1,905 Estimated Outlays ...... 356 628 995 1,439 1,905 Section 651—Education Benefits for the Selected Reserves: Estimated Budget Authority ...... 2 2 2 2 2 Estimated Outlays ...... 22222 Section 702—Mental Health Benefits: Estimated Budget Authority ...... 1 1 1 1 1 Estimated Outlays ...... 11111 Section 1102—Voluntary Separation and Early Retirement Incentives (DoD): Estimated Budget Authority ...... 0 31 73 87 28 Estimated Outlays ...... 0 31 73 87 28 Section 3163—Voluntary Separation and Early Retirement Incentives (DOE): Estimated Budget Authority ...... 0 3 4 1 (a) Estimated Outlays ...... 0341(a) Section 241—Revitalizing DoD Laboratories: Estimated Budget Authority ...... 0 6 6 3 0 Estimated Outlays ...... 06630 Section 2824—Land Conveyance of Navy Property, Westover Reserve Air Base: Estimated Budget Authority ...... 0 3 0 0 0 Estimated Outlays ...... 03000 TOTAL CHANGES IN DIRECT SPENDING Estimated Budget Authority ...... 359 674 1,081 1,533 1,936 Estimated Outlays ...... 359 674 1,081 1,533 1,936 a Less than $500,000.

Concurrent Receipt. Section 641 would they would have received based on years of nuities and veterans’ disability benefits with phase in over five years total or partial con- service. no offset in 2007, and to receive an increasing current payment of retirement annuities to- This section also would repeal, as of Janu- portion of their retirement annuities over gether with veterans’ disability compensa- ary 1, 2003, a program that partially com- the 2003–2006 period. Data from the uni- tion to retirees from the uniformed services pensates certain severely disabled retirees formed services indicate that in 2001 the pro- for this reduction in their retirement annu- who have service-connected disabilities rated hibition on paying both benefits concur- ities. This program currently pays a fixed at 60 percent or greater. Under section 641, rently caused about $1.3 billion to be with- the phase-in of concurrent receipt would not benefit of $50 to $300 a month, depending on degree of disability. Taken together, CBO es- held from the annuity payments of about take effect until January 1, 2003. 74,000 eligible DoD retirees with nondis- Under current law, disabled veterans who timates that implementing section 641 would increase direct spending for retirement an- ability retirements, and about 900 eligible are retired from the uniformed services can- Coast Guard, PHS, and NOAA retirees. Using not receive both full retirement annuities nuities and veterans’ disability compensa- current rates of net growth in the population and disability compensation from VA. Be- tion by a net amount of about $356 million in of new beneficiaries, CBO estimates this cause of this prohibition on concurrent re- 2003, $5.3 billion over the 2003–2007 period, and $17.3 billion over the 2003–2012 period (see caseload would rise to about 78,000 nondis- ceipt, such veterans forgo a portion of their Table 5). retirement annuity equal to the nontaxable ability retirees in 2003, and 96,000 nondis- Retirement Annuities. Since the proposed ability retirees by 2012. CBO assumes that fu- veterans’ benefit. This section would permit, legislation would treat retirees differently beginning in 2007, individuals who have sig- ture benefit payments will increase con- based on their type of retirement—nondis- sistent with current rates of growth in aver- nificant service-connected disabilities and ability or disability, the potential costs of age disability levels and also increase from have a retirement annuity based on years of the legislation depend on the number of cost-of-living adjustments. After phasing the service, to receive both benefits in full with- beneficiaries, their type of retirement, their out the reduction called for under current disability levels, and their benefit amounts. benefits in over five years as specified in the law. Individuals whose retirement pay is Nondisability Retirees. A nondisability re- provision, CBO estimates that enacting the based on their degree of disability would con- tirement is granted based on length of serv- legislation would increase direct spending on tinue to forgo retirement pay equal to the ice—usually 20 or more years. Section 641 retirement annuities for nondisability retir- VA compensation payment, but only to the would allow those longevity retirees whose ees of the uniformed services by $342 million extent that their disability had entitled degree of disability has been rated as 60 per- in 2003, $4.7 billion over the 2003–2007 period, them to a larger retirement annuity than cent or greater to receive full retirement an- and $15.2 billion over the 2003–2012 period. TABLE 5.—ESTIMATED CHANGES IN RETIREE BENEFITS UNDER S. 2514

By fiscal year, in millions of dollars— Description of benefits program 2003 2004 2005 2006 2007

Retirement Annuities: Nondisability ...... 342 582 861 1,223 1,654 Disability ...... 56 92 127 172 223 Veterans Compensation Payments ...... 0 13 67 104 89 Survivor Benefit Plan Payments ...... 7 7 8 9 9 Special Compensation for Severely Disabled ...... ¥49 ¥66 ¥68 ¥69 ¥70 Total Changes in Retiree Benefits ...... 356 628 995 1,439 1,905

Disability Retirees. Servicemembers who through 2006. Disability retirees would be eli- lion to be withheld from annuity payments are found to be unable to perform their du- gible to obtain concurrent receipt of their re- of about 11,400 eligible DoD retirees with dis- ties because of service-related disabilities tirement annuity and veterans’ disability ability retirements, and about 500 eligible may be granted a disability retirement. Sec- compensation if they served 20 or more years Coast Guard, PHS, and NOAA retirees. An tion 641 would allow eligible disability retir- in the uniformed services and had a dis- analysis of retiree records by DoD indicates ees to receive retirement annuities based on ability rating of 60 percent or greater. their years of service and veterans’ disability Data from the uniformed services indicate benefits with no offset in 2007, and partial that in 2001, the prohibition on paying both concurrent receipt of these payments in 2003 benefits concurrently caused about $200 mil-

VerDate 11-MAY-2000 05:04 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.062 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5683 that, under the criteria set forth in this sec- Repeal of Special Compensation for Se- current law, some individuals would fail to tion, these retirees would be eligible to re- verely Disabled Retirees. Section 641 also obtain the necessary preauthorization from ceive about 95 percent of their retirement would repeal a special compensation pro- Tricare and would have to pay the copay- annuity concurrently with their VA dis- gram that currently pays a fixed benefit of ments and deductibles on their own. Because ability benefit. Assuming continuation of $50 to $300 a month to certain uniformed DoD does not have any available data on the current trends in population and benefit service retirees who were determined to be 60 frequency or costs of inpatient mental growth, and phasing the benefit in over five percent to 100 percent disabled within four health care for Medicare-eligible retirees and years as specified in this section, CBO esti- years of their retirement. These special pay- dependents, CBO extrapolated this data from mates that, of the disability retirees who ments would stop on January 1, 2003, under the general Medicare population. Under sec- would be receiving VA disability benefits in section 641. Based on information from DoD tion 702, CBO estimates that in 2003 TFL fiscal year 2003, about 12,100 would be enti- and assuming the population growth trends would cover the copayments and deductibles tled to an additional $56 million in retire- continue, CBO estimates that about 36,000 for about 600 additional people at an average ment annuities. CBO estimates their retire- DoD retirees and about 600 retirees of the cost of about $1,700 per person. Thus, CBO es- ment annuities would increase by $670 mil- other uniformed services will receive an av- timates section 702 would raise direct spend- lion over the 2003–2007 period and $1.9 billion erage monthly benefit of $150 in 2002. Under ing by $1 million in 2003, $5 million over the over the 2003–2012 period. current law, this benefit is scheduled to in- 2003–2007 period, and $15 million over the Other Effects of Concurrent Receipt. En- crease over the next two years to $172 a 2003–2012 period. acting section 641 also would affect Veterans’ month. CBO estimates that the savings from Voluntary Separation and Early Retire- Disability Compensation, receipts to the repealing this program would be $49 million ment Incentives. S. 2514 contains several pro- Treasury for Survivor Benefit Payments, in 2003, about $320 million over the 2003–2007 visions that would allow the DoD and DOE to Special Compensation to Severely Disabled period, and $690 million over the 2003–2012 pe- offer voluntary separation incentives to Retirees, and the level of contributions to riod. their civilian employees. Taken together, the Military Retirement Trust Fund. Increased Accrual Payment Financing. The CBO estimates enacting these provisions Veterans’ Disability Compensation. Data military retirement system is financed in would increase direct spending for federal re- from DoD indicates that an additional 15,100 part by an annual payment from appro- tirement and retiree health care benefits by disability retirees of the uniformed serv- priated funds (an outlay in budget function $34 million in 2004 and $196 million over the ices—14,500 from DoD and about 600 from the 050) to the Military Retirement Fund, based 2004–2012 period. other uniformed services—do not currently on an estimate of the system’s accruing li- Section 1102 would provide DoD with au- receive VA disability benefits that they are abilities. If this provision is enacted, the thority to offer its civilian employees vol- entitled to receive. Since many disability re- yearly contribution to the fund would in- untary retirement incentive payments of up tirees are not taxed on their annuities, there crease to reflect the added liability from the to $25,000 for employees who voluntarily re- is no incentive under current law for these expected increase in annuities to future re- tire or resign in fiscal years 2004 thorough retirees to apply for the tax-free VA benefits, tirees. These discretionary costs were dis- 2006. Current buyout authority for DoD is set as they will be offset, dollar-for-dollar, cussed earlier in the ‘‘Spending Subject to to expire on September 30, 2003. CBO esti- against their retirement annuities. Section Appropriation’’ section. mates that enacting section 1102 would in- 641 would provide a significant incentive for Education Benefits for the Selected Re- the more disabled of these individuals to crease direct spending for federal retirement serve. Section 651 would extend the period apply for VA disability benefits. CBO esti- and retiree health care benefits by $31 mil- during which eligible reservists may use mates that about 7,000 disability retirees lion in 2004 and $188 million over the 2004– their education benefits from 10 years to 14 might be eligible for concurrent receipt 2012 period. years. VA reported that, in 2001, over 82,000 Section 3163 would provide DOE with au- under section 641, but, because many of these reservists trained under this program and re- thority to offer payments of up to $25,000 to retirees are both disabled and quite elderly, ceived an average annual benefit of $1,653. employees who voluntarily retire or resign CBO expects that only about half of that This average benefit includes both the basic in calendar year 2004. Current buyout au- number would become aware of this im- proved benefit and successfully complete the benefit and a supplemental benefit that DoD thority for DOE is scheduled to expire on De- application process. Based on their DoD-as- can offer to enhance accessions or re-enlist- cember 31, 2003. CBO estimates enacting sec- sessed degree of disability, CBO estimates ment in critical skill specialties. This ben- tion 3163 would increase direct spending for that outlays for VA disability benefits would efit increases each year by a cost-of-living federal retirement and retiree health care increase by $13 million in 2004, about $270 adjustment and by the level of supplemental benefits by about $3 million in 2004 and about million over the 2003–2007 period, and $760 benefits being offered. Based on current $8 million during the 2004–2012 period. DoD Retirement Spending. CBO assumes million over the 2003–2012 period. Because of usage rates, CBO estimates that enacting that about 16,500 DoD employees would par- the time needed for individuals to prepare this extension would result in an extra 1,500 and submit their applications and the cur- trainees a year. Based on information from ticipate in the buyout program over the rent backlog in processing applications, CBO DoD and VA, CBO estimates that enacting three-year period and that many workers estimates that enacting this legislation this legislation would increase education who take a buyout would begin collecting would not increase outlays for veterans’ dis- outlays by $2 million in 2003, $10 million over federal retirement benefits several years ear- ability compensation in 2003. the 2003–2007 period and by $24 million over lier than they would under current law. In- Survivor Benefit Plan Offsetting Receipts. the 2003–2012 period. Since DoD makes ducing some workers to retire earlier would Many retirees have a Survivor Benefit Plan monthly payments into the DoD Education result in additional benefits being paid from (SBP) premium payment deducted from their Benefits Fund in the amount of the net the Civil Service Retirement and Disability retirement annuity. The SBP was estab- present value of the benefits granted during Fund. In later years, annual federal retire- lished in Public Law 92–425 to create an op- the previous month, this increase in usage of ment outlays would be lower than under cur- portunity for military retirees to provide an- the education benefit would necessitate an rent law because the employees who retire nuities for their survivors. Those retirees increase in payments to the fund. (The dis- early receive smaller annuity payments than who are not receiving a paycheck from DoD cretionary costs associated with these pay- if they had retired later. CBO estimates that because their retirement annuity is totally ments are discussed earlier in the ‘‘Spending enacting section 1102 would increase direct offset by their VA disability benefit may Subject to Appropriation’’ section under the spending for federal retirement benefits by still participate in the SBP by paying the heading of ‘‘Education and Training.’’) $24 million in 2004 and $136 million over the monthly premium to the U.S. Treasury. Mental Health Benefits. Section 702 would 2004–2012 period. (The discretionary costs These payments are recorded as offsetting remove a statutory requirement that inpa- over the 2004–2006 period associated with the receipts (a credit against direct spending) to tient mental health care be preauthorized for buyout payments were discussed earlier in DoD. According to DoD, approximately 34,000 retirees and dependents who are eligible for the ‘‘Spending Subject to Appropriation’’ military retirees paid $23 million in SBP pre- Medicare. Under current law, Tricare for Life section under the heading of ‘‘Voluntary miums to the Treasury in 2001. DoD also in- (TFL), another medical program run by DoD, Separation and Early Retirement Incen- dicates that about $7 million of that amount pays all Medicare copayments and tives.’’) was paid by about 8,000 retirees who would deductibles for those benefits that are cov- DoD Retiree Health Care Spending. Enacting begin to receive annuity checks under sec- ered by both programs. Beginning in 2003, section 1102 also would increase direct spend- tion 641. CBO’s estimate of the increase in TFL spending for Medicare-eligible retirees ing on federal benefits for retiree health care retirement outlays presented above assumes and dependents will be considered direct because many employees who accept the that the SBP premiums of retirees who ben- spending. Under current law, Medicare does buyouts would continue to be eligible for efit from the legislation would be deducted not require a preauthorization for inpatient coverage under the Federal Employee Health from the retirees’ annuities, and their pay- mental health care but Tricare does. Remov- Benefits (FEHB) program. The government’s ments to the Treasury would cease. Assum- ing this requirement would make the mental share of the premium for these retirees—un- ing continuation of current trends in popu- health benefits identical and reduce confu- like current employees—is mandatory spend- lation and benefit growth, CBO estimates sion among beneficiaries and health care ing. Because many of those accepting the these offsetting receipts would decrease by providers. buyouts would convert from being an em- about $7 million in 2003, $40 million over the Although most individuals would seek ployee to being a retiree earlier than under 2003–2007 period, and $90 million over the preauthorization before receiving inpatient current law, mandatory spending for FEHB 2003–2012 period. mental health care, CBO expects that, under premiums would increase. CBO estimates

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.064 pfrm01 PsN: S18PT1 S5684 CONGRESSIONAL RECORD — SENATE June 18, 2002 these additional FEHB benefits would in- fall midway within that range, CBO esti- Other Provisions. The following provisions crease direct spending by $7 million in 2004 mates that federal borrowing would be about would have an insignificant budgetary im- and $52 million over the 2004–2012 period. $6 million starting in 2004 and total about $15 pact on direct spending: DOE Retirement Spending. CBO assumes million over the 2004–2006 period. Section 111 would extend through 2004 the that about 350 DOE employees would partici- The budget also would record any cash pro- authority for a pilot program that allows in- pate in the buyout program in calender year ceeds collected by the corporation from the dustrial facilities within the Army to sell 2004 and that many workers who take a public. Any payments from federal agencies manufactured goods to the private sector buyout would begin collecting federal retire- would be an intragovernmental transfer and even if the goods are manufactured in the do- ment benefits several years earlier than they would have no net budgetary impact. In con- mestic market. Section 111 also would direct would under current law. Inducing some trast, any proceeds accruing to the corpora- that a portion of the sales proceeds in excess workers to retire earlier would result in ad- tion from nonfederal entities would be re- of $20 million a year be made available for ditional retirement benefits being paid from corded as offsetting collections and would re- ammunition demilitarization. CBO esti- the CSRDF. In later years, annual federal re- duce the net cost of the partnership over mates, however, that there would likely be tirement outlays would be lower than under time. For this estimate, CBO assumes that less than $5 million in annual sales under current law because the employees who re- the government would use most of the serv- this pilot program over the 2003–2004 period, tire early receive smaller annuity payments ices of this corporation. As a result, CBO es- based on data provided by the Army, and than if they had retired later. Under section timates that proceeds from nonfederal that since the industrial facilities are al- 3163, CBO estimates spending for federal re- sources would not be significant. lowed to spend any sales proceeds, the net ef- tirement benefits would increase by $3 mil- Land Conveyance and Other Property fect on direct spending would be insignifi- lion in 2004 and by $8 million over the 2004– Transactions. Title XXVIII would authorize cant. 2012 period. a variety of property transactions involving DOE Retiree Health Care Spending. Section both large and small parcels of land. Section 642 would increase the retirement 3163 would also increase spending on federal Section 2824 would allow the Secretary of annuity of enlisted servicemembers who are retiree health benefits because many em- the Navy to convey 30.38 acres and 133 hous- retired from a reserve component of the ployees who would accept the buyouts con- ing units located at Westover Reserve Air Armed Forces and have been credited by tinue to eligible for coverage under the Base to the city of Chicopee, Massachusetts, their service secretary with extraordinary FEHB program. CBO estimates that these without receiving payment for this property. heroism in the line of duty. Under section additional FEHB benefits would increase di- Under current law, the Navy will soon de- 642, these retirees would be entitled to a 10 rect spending by less than $500,000 a year clare this property excess and transfer it to percent increase in their retirement annuity. over the 2004–2006 period. the General Services Administration (GSA) CBO estimates that enacting section 642 Revitalizing DoD Laboratories. Section 241 for disposal. Under normal procedures, GSA would increase direct spending by less than would allow DoD to establish a new three- sells property not needed by other federal $500,000 a year. year pilot program beginning in March 2003 agencies or by nonfederal entities in need of Section 1063 would extend through 2006 at various DoD laboratories to pursue im- property for public-use purposes such as DoD’s authority to sell aircraft and aircraft proved efficiencies for performing research parks or educational facilities. Information parts for use in responding to oil spills. and development work at these laboratories. from GSA indicates that the housing and Based on information from DoD, CBO does The section also would extend through 2006 land will likely be sold under current law not anticipate any transactions would occur authorizations for similar pilot projects that after the entire parcel is screened for other under this authority. will expire in 2003. Finally, section 241 would uses in 2003. As a result, CBO estimates that Section 3151 would require that the pro- permit laboratories participating in this new this conveyance would result in forgone re- gram to eliminate weapons-grade plutonium pilot program to enter into public-private ceipts totaling about $3 million in 2004. production in Russia be transferred from the Section 2828 would authorize the Secretary partnerships and other business arrange- Department of Defense to the Department of of the Interior to convey to the city of West ments with private firms to achieve im- Energy. Funds appropriated for the program Wendover, Nevada, and Tooele County, Utah, proved efficiencies. The authority to enter for 2000 through 2002 would be transferred to without consideration, two parcels of federal into such partnerships would expire in 2006. DOE and would be made available for obliga- land located in those states and identified in Under section 241, one of the public-private tion until expended. Under current law, the bill. According to the Bureau of Land partnerships could be established as a lim- those funds have a three-year period of avail- Management, those lands, which are with- ited liability corporation where the federal ability, thus this provision could result in a drawn for military purposes, currently gen- and nonfederal partners could contribute reappropriation because it would extend the erate no offsetting receipts and are not ex- capital, services, or facilities to the corpora- availability of some funds that would other- pected to in the foreseeable future. Hence, tion. wise lapse. CBO estimates that about $120 CBO has little information about how this CBO estimates that conveying the lands million has been appropriated for this pro- limited liability corporation would be struc- would not affect offsetting receipts. Accord- gram over the 2000–2002 period and that near- tured, but one of the purposes of this cor- ing to the U.S. Air Force, portions of the ly all of those funds will be obligated and poration would be to finance improvements lands that could be conveyed have been used spent under current law. As a result, CBO es- to DoD’s research, test, and evaluation func- as a bombing range by the Air Force. Under timates that reappropriations under section tions. CBO considers such hybrid entities as the Comprehensive Environmental Response, 3151 would not be significant—probably less governmental. Hence, their activities should Compensation, and Liability Act, the Air than $500,000 annually from 2003 through be recorded in the federal budget. CBO treats Force would have to remediate any expended 2005. the assets that are expected to be contrib- and unexploded ordnance prior to conveying uted by the private party as borrowed by the those lands. Based on information from the Section 3162 would allow the Department federal government. Borrowing authority is Air Force, we estimate that initial remedi- of Energy to penalize contractors operating treated as budget authority in the year and ation activities would cost at least $2 mil- at DOE facilities for occupational safety vio- in the amounts that CBO estimates the pri- lion, assuming appropriation of the nec- lations. These penalties would most likely be vate party would contribute to the limited essary amounts. Although we do not have levied by reducing the fees owed to the con- liability corporation. This budgetary treat- sufficient information to estimate the cost tractor. Based on information about pen- ment is consistent with the recommenda- of subsequent remediation activities that alties levied over the last few years for nu- tions of the President’s 1967 Commission on may be necessary, CBO expects that such clear safety violations, CBO estimates that Budget Concepts, which suggests that enti- costs could be significant. Any spending for the reduction in contract fees due to occupa- ties jointly capitalized with private and pub- additional remediation would be subject to tional safety violations would be less than lic assets be included in the federal budget appropriation. $500,000 annually. until they are completely privately owned. CBO estimates that other provisions in Pay-as-you-go considerations: The Bal- CBO assumes that DoD would need about title XXVIII would not result in significant anced Budget and Emergency Deficit Control one year to develop the policies and regula- costs to the federal government because they Act sets up pay-as-you-go procedures for leg- tions for the new corporation that would be would either authorize DoD to convey land islation affecting direct spending or receipts. authorized under section 241. Based on infor- for fair market value, to exchange one piece The net changes in direct spending that are mation provided by DoD, CBO estimates that of property for another or would authorize subject to pay-as-you-go procedures are the additional expenses of the limited liabil- DoD to convey land that under current law is shown in Table 6. For the purposes of enforc- ity corporation could total between $4 mil- unlikely to be declared excess and sold or is ing pay-as-you-go procedures, only the ef- lion and $7 million a year. Assuming costs likely to be given away. fects through fiscal year 2006 are counted. TABLE 6.—ESTIMATED IMPACT OF S. 2514 ON DIRECT SPENDING AND RECEIPTS

By fiscal year, in millions of dollars— 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Changes in outlays ...... 0 359 674 1,081 1,533 1,936 2,132 2,261 2,391 2,529 2,676 Changes in receipts Not applicable

VerDate 11-MAY-2000 04:48 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.065 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5685 Intergovernmental and private-sector im- sources they need to defend our Nation, mentioned earlier, additional funding pact: S. 2514 contains no intergovernmental and to fight the scourge of terrorism at is included for facilities and services or private-sector mandates as defined in home and abroad. that will greatly improve the quality UMRA and would impose no costs on state, In the end, I joined with seven of my of life for our service personnel and local, or tribal governments. Previous CBO estimate: On May 3, 2002, Republican colleagues on the com- their families, at home and abroad. The CBO transmitted a cost estimate for H.R. mittee in voting against this bill in bill includes a legislative provision 4546, the Bob Stump National Defense Au- committee—primarily due to the dras- that calls for the phased repeal of the thorization Act for Fiscal Year 2003, as or- tic cut of over $800 million in missile prohibition on concurrent receipt of dered reported by the House Committee on defense. Having worked hard for a year non-disability retired military pay and Armed Services on May 1, 2002. The House on the many critical issues related to veterans disability pay for our military bill would authorize approximately $382 bil- this bill, I considered my vote against retirees with disabilities rated at 60 lion in defense funding for fiscal year 2003 the bill necessary, but regrettable. percent or higher. The committee also ($10 billion less than S. 2514 would authorize for 2003) and an estimated $14 billion in addi- Despite the fact that I voted against approved a managers’ amendment, tional defense funding for 2002 (as also con- this bill, I support most of what is con- sponsored by Senator BOB SMITH, which tained in S. 2514). tained in this legislation. It represents will soon be considered by the full Sen- Both H.R. 4546 and S. 2514 would increase the bipartisan work of all committee ate, to repeal fully and immediately, direct spending over the 2003–2007 period, but members—working together to support the prohibition on concurrent receipt, the Senate bill contains about $200 million our men and women in uniform, and a step which will allow all nondis- less spending. Both bills contain provisions their families. ability retired veterans with VA dis- that would phase in over five years total or The National Defense Authorization ability ratings to collect the full partial payment of retirement annuities to- gether with veterans’ disability compensa- Act for Fiscal Year 2003 contains the amount they have earned. This action tion to retirees from the uniformed services largest defense increase in over 20 is long overdue. who have service-connected disabilities rated years—an increase of $45.0 billion over It is important to note that this bill, at 60 percent or greater but the provisions the fiscal year 2002 appropriated level. with the exception of the cuts made to specify different rates and schedules for The good news story associated with missile defense, supports and fully phasing in the increased payments. Dif- this much needed increase is that it funds virtually all of the priorities es- ferences in the other estimated costs reflect has the full, bipartisan support of the tablished by the Department and the differences in the legislation. Senate. While there is disagreement President for the development and pro- Estimate Prepared by: Federal Costs: De- curement of major weapons systems, fense Outlays: Kent Christensen; Defense over how some of the money is allo- Laboratories and Department of Energy: cated in this bill, there is virtually no including Joint Strike Fighter, F–22 Raymond Hall; Military Construction: David dissent about the need for this signifi- and the Army’s future combat system. Newman; Military and Civilian Personnel: cant increase in the top line for de- In addition, I was pleased that we were Michelle Patterson and Dawn Regan; Mili- fense. This is a remarkable display of able to add $229 million to the CVN(X) tary Retirement and Education Benefits: unity behind our President, so impor- new generation aircraft carrier to re- Sarah Jennings; Health Programs: Sam tant and fitting with our nation at war. store the original development and Papenfuss; Multiyear Procurement: David In line with the request of the Presi- fielding schedule for this essential pro- Newman; Operation and Maintenance: Matt dent, the bill significantly increases all gram. The carrier proved its worth Schmit; Voluntary Separation and Early Re- tirement Incentives: Geoffrey Gerhardt; Im- major defense accounts over the fiscal once again in Afghanistan—a war pact on State, Local, and Tribal Govern- year 2002 appropriated levels: which relied on carrier-based assets. ments: Elyse Goldman; Impact on the Pri- It increases spending on military per- This bill supports acceleration of this vate Sector: R. William Thomas. sonnel by over 12 percent, including a important program. Estimate approved by: Peter H. Fontaine, 4.1 percent pay raise for our servicemen Despite the very favorable aspects of Deputy Assistant Director for Budget Anal- and women. this bill, however, I cannot support the ysis. It increases funding for operations bill in its current form. I was joined by Mr. LEVIN. I yield the floor. and maintenance by over 15 percent, seven of my Republican colleagues in The PRESIDING OFFICER. The Sen- providing the necessary resources to opposing the bill as reported by the ator from Virginia. fully fund our war effort. committee. Mr. WARNER. Mr. President, I thank The bill increases the procurement For the second consecutive year, the my good friend and colleague, and I account by almost 10 percent. This will Senate Armed Services Committee di- look forward again—as this will be our enable our military departments to vided along party lines primarily over 24th year—of working together on the procure the equipment they need to re- the issue of missile defense. Sincere, authorization bill. place aging and heavily used assets, as good-faith efforts were made by Repub- Mr. President, I simply say to my well as to buy the things they need to lican Members to find common ground good friend, the chairman, he men- protect our facilities, infrastructure and compromise on this issue, but tioned that the Bush administration and people in these increasingly uncer- these efforts were voted down. The na- has yet to provide a formal national se- tain and dangerous times. tional defense authorization bill for fis- curity strategy. I note that the time- Additionally, the bill increases cal year 2003 that we have before us, in table for submitting this document is spending on research and development my view, fundamentally alters the not unusual. The Clinton administra- by almost 9 percent, ensuring that in- President’s national security priorities tion did not submit its first national vestment is being made in the future to and fails to send a clear message, on security strategy until well into its develop the capabilities we need to the issue of missile defense, to Amer- second year in office. In my contacts deter and defeat emerging threats to ica’s allies and adversaries that the with the administration, they will soon our national security. Congress will provide the resources be submitting that national security The bill also sets aside a $10.0 billion necessary to protect our homeland, our strategy. reserve fund, as requested by the Presi- troops deployed overseas and our allies I thank Chairman LEVIN for the work dent, to pay for ongoing and future and friends from all known threats—in- he has done on the bill which is before military operations in the global war cluding the very real and growing the Senate. I also want to thank my on terrorism. threat of missile attack. I will work in colleagues on the committee for their The threats to our Nation and the on- the days ahead, and into the conference wise counsel and efforts, as well as the going war on terrorism demand this in- with the House, to restore the cuts tremendous efforts of our committee creased investment in national secu- made to these important programs and staff. In large measure, this Defense rity, both now and in the future. to staunchly defend the priorities our Authorization Act for Fiscal Year 2003 The bill contains many key provi- President has established. is a good bill and an important step sions which I support to improve the The world as we knew it changed for- forward in our war against terrorism. quality of life of our men and women in ever on September 11. We lost not only In this time of national emergency it is uniform, our retirees, and their fami- many lives and much property that essential that we provide our President lies. In addition to the 4.1 percent pay day, but we also lost our uniquely and our armed forces the vital re- raise for our uniformed personnel I American feeling of invulnerability;

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.066 pfrm01 PsN: S18PT1 S5686 CONGRESSIONAL RECORD — SENATE June 18, 2002 our feeling of safety within our shores, reporting requirements that will fur- building enough ships to maintain an our borders, behind two vast oceans. ther hamper the rapid development of adequate Navy for the future. Ulti- But from our darkest hour, our nation missile defenses. Together, these ac- mately, there will be a high price to has quickly emerged stronger and more tions have resulted in a letter from the pay if this trend is not reversed. united than ever. Our President has Secretary of Defense informing the It is with these concerns in mind rallied our country and many nations Senate that he would recommend a that I urge my colleagues to join me in around the world to fight the evil of veto of this legislation if the reduc- constructive dialogue to find a way to terrorism. tions and restrictions on missile de- restore the President’s fundamental As we begin our floor debate on the fense remain. national security priorities and to en- national defense authorization bill for Three years ago, by a vote of 97 to 3, sure we are making the right invest- fiscal year 2003, our nation is at war. this body approved the National Mis- ments in future capabilities. It is im- U.S. soldiers, sailors, airmen, and ma- sile Defense Act of 1999—the Cochran perative that we send our President, rines, together with their coalition bill. This act established two clear our fellow citizens and the world a partners, are engaged on the front lines goals: to deploy an effective ballistic message of resolve from the Congress— in the global war against terrorism, missile defense for the United States, a national defense authorization bill with a mission to root out terrorism at ‘‘as soon as technologically feasible;’’ that provides the resources and au- its source in the hopes of preventing and, to seek further negotiated reduc- thorities our Nation’s leaders and our future attacks. Our armed forces have tions in Russian nuclear forces. Last armed forces require to protect our Na- responded to the call of duty in the fin- month, President Bush signed a land- tion, our citizens abroad, our vital in- est traditions of our nation. It is crit- mark arms control agreement, in Mos- terests, and our international partners ical that the Congress keep faith with cow, that will ultimately reduce the who stand with us against terrorism. our troops by providing the resources number of U.S. and Russian deployed I thank the distinguished chairman. I and capabilities our President—our nuclear warheads by two-thirds over am going to a meeting on this bill to- Commander in Chief has requested. the next 10 years. The second goal of night as to how we can order the Homeland security is now, without a the Cochran bill has been achieved. amendments tomorrow on which I will doubt, our top priority. We have a sol- This month, the United States for- work with the chairman. emn obligation to protect our Nation mally withdrew from the Anti-Ballistic Mr. THURMOND. Mr. President, one and our citizens from all known and Missile Treaty—a 30-year-old treaty— of my most important responsibilities anticipated threats—whatever their which had hampered the U.S. missile throughout my almost 48 years in the source or means of delivery. As a can- defense program. With this action, all Senate has been to vote on the annual didate and as President, George W. artificial restraints have been removed national defense authorization bill. Bush promised our Nation that home- from the ability of the United States to This bill not only provides for our Na- land security was his most urgent pri- research, develop and deploy effective tion’s security but, more importantly, ority. missile defense systems. Both goals of it provides for the Nation’s most valu- Our President submitted a respon- the Cochran bill that the Senate so able asset, the men and women who so sible, prioritized budget request for fis- overwhelmingly supported are in sight. proudly wear the uniform and their cal year 2003 that addressed our most Congress should not now apply new family members who are an integral important security needs. The bill be- limitations on the rapid, cost-effective part of our military. Today, I rise, ever fore us reflects the urgent security development of defenses to protect our mindful of my responsibilities, to offer needs of our Nation by doubling the nation and deployed troops from mis- my views on the last national defense funding for combating terrorism at sile attack. The funding reductions and authorization bill that I will vote on home and abroad. It invests in new program constraints contained in the before I leave the Senate. technologies to detect weapons of mass bill before us are a significant step Before discussing the bill, I want to destruction and to deter their develop- backward in our efforts to improve the congratulate Chairman LEVIN, and the ment. The bill provides funding and au- security of our nation. ranking member, Senator WARNER, for thorities for the establishment of new The threat of missile attack against their leadership of the Senate Armed organizations within the Department the United States and U.S. interests is Services Committee. The challenges of Homeland Defense, including the real and growing. According to the they face in pulling together this an- formation of Northern Command, January 2002 national intelligence esti- nual bill are immense, yet, year after NORTHCOM, to provide coordinated mate, NIE, on the missile threat, ‘‘The year they prepare a bill that reflects a land, sea and air defense of the United probability that a missile with a weap- bipartisan approach to national secu- States. As we re-look and re-evaluate on of mass destruction will be used rity. There may be differences on indi- our security needs, it is especially im- against U.S. forces or interests is high- vidual programs, but their leadership portant to remember that protection of er today than during most of the cold and the participation of every member our nation, our citizens, our deployed war, and will continue to grow as the of the committee crafted a bill that en- troops and our allies from ballistic capabilities of potential adversaries hances the security of the country and missiles is also an integral part of mature.’’ Dozens of nations already improves the quality of life for our sol- homeland defense and an overall sense have short- and medium-range ballistic diers, sailors, airmen and marines and of security. missiles in the field that threaten U.S. their families. The budget request for missile de- interests, military forces, and allies; The national defense authorization fense was reasonable. It was a request and others are seeking to acquire simi- bill for fiscal year 2003, supports the that represented no increase over last lar capabilities, including missiles that President’s budget request of $379 mil- year’s funding level, and a request that could reach the United States. We lion, the largest increase to the defense was less than two percent of the de- must be prepared to protect our nation. budget in twenty years. It provides sig- fense budget. We must use these re- I am also concerned with other key nificant increases in military pay, sources to move forward now, without areas in the bill, particularly the level readiness funding, and military con- artificial limitations—either fiscal or of funding for shipbuilding. While I un- struction. The bill includes a provision legislative—to develop and deploy ade- derstand the tough choices that our de- that would address long-standing in- quate missile defenses. fense leaders must make in estab- equities in the compensation of mili- The national defense authorization lishing priorities and putting forth tary retirees by authorizing the con- bill for fiscal year 2003, as reported out budget recommendations, shipbuilding current receipt of retired pay and vet- of committee, contains a drastic reduc- was severely underfunded in the Presi- erans disability compensation. This is tion, of over $800 million, from the dent’s budget request. The bill we are an issue which I have supported for President’s request for missile defense now considering provides some addi- some time and I am pleased to see it programs, including over $400 million tional resources for shipbuilding, but I resolved this year. in reductions to theater missile defense believe more must be done to reverse Like all bills there are provisions programs. In addition, the bill contains the downward trend in shipbuilding. that cause me concern. The most egre- a number of restrictions and excessive We all know that we are not currently gious in this bill is the reduction to the

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.027 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5687 President’s request for missile defense. only missiles that endanger our troops modifying it. That was something the By reallocating more than $800 million and allies today, and against which we Russians were never going to accept. requested for missile defense to other have designed and built the Patriot Last year it was difficult to get a programs, the bill fundamentally alters theater missile defense system and clear answer from the administration the President’s priorities and leaves helped develop Israel’s Arrow missile on its missile defense plans for fiscal open the possibility that we will not defense system. year 2002, and whether they would be adequately defend our Nation against a Both the United States and the So- inconsistent with the ABM Treaty. missile attack. I urge the Senate to re- viet Union saw this treaty as a central First, Lieutenant General Ronald verse this flawed provision. component of their efforts to ensure Kadish, director of the Ballistic Missile Mr. President, in closing I remind my mutual security. Russia, like the So- Defense Organization told us in June colleagues that this bill also provides viet Union before it, saw the ABM that he knew of no planned missile de- vital funding to support our forces cur- Treaty as one of the foundations for fense testing activities that would con- rently engaged in the war against ter- the structure of arms control and secu- flict with the treaty. rorism. This war is unlike any faced by rity arrangements that had been care- Later in June, Defense Secretary my generation. It will not be won by fully built over three decades to reduce Rumsfeld told us he didn’t know large armies, but by dedicated, highly the risk of nuclear war. whether there would be a conflict be- trained soldiers, sailors, airmen and As late as June 2000, at their Moscow cause, even after the budget had been marines. I am extremely proud of what summit, President Clinton and Presi- submitted to Congress, the missile de- our military personnel have accom- dent Putin issued a joint statement fense program was undecided. plished and I have no doubt that their emphasizing the importance of the Then in July, Deputy Defense Sec- professionalism and dedication will ABM Treaty. That statement said the retary Wolfowitz said that our planned bring an end to the terrorist threat. We two Presidents ‘‘agree on the essential missile defense activities would inevi- owe these men and women the best our contribution of the ABM Treaty to re- tably ‘‘bump up’’ against the treaty in Nation can provide and we must show ductions in offensive forces, and reaf- a manner of months, not years. He also them our support by voting for this firm their commitment to that treaty said that by the time a planned missile bill. as a cornerstone of strategic stability.’’ defense activity encounters ABM Trea- I thank the Chair. It also stated that ‘‘The Presidents re- ty constraints, ‘‘we fully hope and in- Mr. LEVIN. Madam President, I sug- affirm their commitment to continuing tend to have reached an understanding gest the absence of a quorum. efforts to strengthen the ABM Treaty with Russia’’ on a new security frame- The PRESIDING OFFICER (Ms. and to enhance its viability and effec- work with Russia that would include tiveness in the future, taking into ac- CANTWELL). The clerk will call the roll. missile defenses. The legislative assistant proceeded count any changes in the international Next came an announcement on Oc- to call the roll. security environment.’’ tober of last year by Secretary Rums- Last December 13, President Bush an- Mr. REID. Madam President, I ask feld that several planned missile de- nounced that the United States would unanimous consent that the order for fense tests were being postponed be- unilaterally withdrawn from the trea- the quorum call be rescinded. cause they could have violated the ty. The treaty permits either side to The PRESIDING OFFICER. Without treaty, even though one of the tests withdraw from the treaty upon six objection, it is so ordered. had already been postponed previously months notice if either side decides f for entirely different technical reasons. that ‘‘extraordinary events related to Finally, the President announced on MORNING BUSINESS the subject matter of this Treaty have December 13th that the United States Mr. REID. I ask unanimous consent jeopardized its supreme interests.’’ would unilaterally withdraw from the Although President Bush and mem- that the Senate now proceed to a pe- ABM Treaty to permit testing and de- bers of his administration said they riod for morning business with Sen- velopment of missile defenses, some- would try to modify the treaty to per- ators allowed to speak therein for a pe- thing Deputy Secretary Wolfowitz had mit the development, testing and de- riod not to exceed 5 minutes each. ployment of a limited National Missile previously called a ‘‘less than optimal’’ The PRESIDING OFFICER. Without Defense system, in the end they did not choice. During all months of discussions and objection, it is so ordered. offer an amendment to the Russians. f When he was campaigning for the negotiations with the Russians we never heard details of any amendments DEMISE OF THE ABM TREATY presidency, then-Governor Bush gave a speech at The Citadel on September 23, proposed by the United States to mod- Mr. LEVIN. Madam President, as we 1999, in which he stated the following: ify the permit limited missile defenses. have recently passed June 13, I want to ‘‘we will offer Russia the necessary At the end we didn’t offer an amend- discuss the demise of the Anti-Ballistic amendments to the Anti-Ballistic Mis- ment to the treaty. Missile ABM Treaty that ceased to sile Treaty—an artifact of the Cold Secretary of State Colin Powell ac- exist after that date. I believe it is im- War confrontation.’’ He went on to say: knowledged this fact in a letter dated portant to help a record of how this im- ‘‘If Russia refuses the changes we will May 2, 2002 after I wrote him in Janu- portant treaty was brought to its end. give prompt notice, under the provi- ary to ask whether the United States The ABM Treaty was signed by Presi- sions of the Treaty, that we can no had, in fact, ever presented Russia with dent Nixon in 1972 with the Soviet longer be a party to it.’’ any proposed amendments or modifica- Union as an important element of U.S.- That seems to be a clear and tions to the treaty. ‘‘The direct answer Soviet arms control and strategic sta- straightforward position. Candidate to your question,’’ wrote Secretary bility. It served to prevent an arms Bush said that the United States would Powell, ‘‘is that we did not table a pro- race in defensive weapons that would offer amendments to the Russians to posed amendment to the ABM Treaty.’’ have led to larger offensive nuclear modify the treaty so as to permit the The administration has made much missile forces. It thus helped pave the deployment of missile defense systems, of the argument that the ABM Treaty way for negotiated limits and reduc- and if Russia refused the amendments was the reason we could not develop tions in strategic arms. It was sup- the President would withdraw the and test missile defense technologies ported by every U.S. President until United States from the treaty. adequately, and thus the treaty was President George W. Bush, including But the administration didn’t pro- keeping us defenseless against ballistic Presidents Ford, Reagan and the first pose any amendments to the treaty missiles. President Bush. that would permit it to remain in ef- Madam President, now that the ABM The ABM Treaty affected only de- fect in a modified form that, in turn, Treaty has ceased to exist, I expect the fenses against long-range, or strategic, would have permitted the testing and administration to assert that they are ballistic missiles, those missiles with deployment of limited missiles de- finally free to make unconstrained ranges of 5,500 kilometers or more. It fenses. progress toward defenses against long- has no effect on defenses against mis- Instead, we tried to sell Russia on range ballistic. As one example, they siles of shorter ranges, which are the the idea of abandoning the treaty, not plan to begin construction of a missile

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.087 pfrm01 PsN: S18PT1 S5688 CONGRESSIONAL RECORD — SENATE June 18, 2002 defense test facility in Alaska, even listic missile defense efforts make 3. If the United States did not ever present though that would have been permitted other nations feel less secure, they to the Russian government any proposals to under the treaty. Congress authorized could take actions that would reduce modify or amend the ABM Treaty, please ex- our security. plain why that is the case, especially given this construction last year, and they President Bush’s commitment to offer Rus- could have begun construction while We cannot yet foresee all the long- sia ‘‘the necessary amendments’’ to the ABM the treaty was still in force. I expect term reverberations from our decision Treaty. they will also start to conduct a num- to withdraw from the ABM Treaty. By I look forward to your answers to these ber of tests that would not have been taking a unilateral approach, it makes questions. permitted under the treaty, but which it more likely that others will act uni- Sincerely, will not significantly advance the state laterally as well. That is not the best CARL LEVIN, Chairman. of missile defense technology in the way to increase mutual security and near term. international stability. Madam President, I ask unanimous U.S. DEPARTMENT OF STATE, All this may make good political the- Washington, DC, February 4, 2002. ater, but it will not suddenly make consent that the correspondence be- Hon. CARL LEVIN, possible rapid progress toward effective tween Secretary of State Powell and Chairman, Committee on Armed Services, U.S. missile defenses because it wasn’t the myself on this matter be printed in the Senate. treaty that was preventing such RECORD. DEAR MR. CHAIRMAN: Thank you for your progress; If these technologies prove There being no objection, the mate- letter of January 10, regarding Russia con- cerning the Anti-Ballistic Missile (ABM) workable, it will still take many years rial was ordered to be printed in the RECORD, as follows: Treaty. of rigorous development, integration, As you know, the Administration has been testing, and refinement, and probably THE SECRETARY OF STATE, engaged in intensive discussions with the hundreds of billions of dollars, to Washington, May 2, 2002. Russians on a broad range of strategic issues produce operationally effective missile Hon. CARL LEVIN, including the best way to meet the Presi- Chairman, Committee on Armed Services, U.S. defenses—even without the ABM Trea- dent’s objective of moving beyond the ABM Senate, Washington, DC. Treaty. The President made clear from his ty. DEAR MR. CHAIRMAN: Thank you for your And or course, even if they prove to first meeting with President Putin last July, recent letters concerning our discussions his determination to devise a new U.S. stra- be technologically feasible and afford- with the Russians concerning an amendment tegic posture better suited to meet today’s of the Anti-Ballistic Missile (ABM) Treaty. able, limited missile defenses still threats. He explained how the ABM Treaty The direct answer to your question is that could be readily overwhelmed or was hindering our government’s ability to we did not table a proposed amendment to develop ways to protect people from future spoofed by decoys and countermeasures the ABM Treaty. Although we did have ideas terrorist or rogue state missile attacks. We that Russia or China might develop on what an amendment might look like and discussed with the Russians a number of and possibly provide to others. In 1999, discussed them at length with Russia, the ways in which we could devise a new struc- the intelligence community stated discussions never reached the point that ture that included the Treaty in many meet- publicly that ‘‘Russia and China each such a proposal would have been appropriate. ings over subsequent months but, in the end, We were prepared to entertain any proposal, have developed numerous counter- we concluded that the best way to proceed to include an amendment, that would allow measures and probably are willing to was for the United States to withdraw uni- us to do the missile defense testing we need- sell the requisite technologies.’’ This laterally. We provided notification of our de- ed to do. The Russians, in the end, made it cision to withdraw from the ABM Treaty on would only make the task of devel- clear that, in their view, such testing would December 13. As President Putin made clear, oping missile defenses more difficult, be inconsistent with the Treaty and an Russia disagreed with our decision, but was more time consuming and more expen- amendment to permit such testing would vi- not surprised by it, and judged that it was sive. tiate the Treaty. So although the ABM Treaty will The way out of this impasse was for us to not a threat to Russian security. Our discussions with Russia on strategic leave the Treaty as provided for by the Trea- come to an end after 30 years, its ab- reductions were given added impetus by ty. The Russians regretted our decision, but sence will not suddenly permit effec- President Bush’s declarations of our inten- tive missile defenses. That task will re- recognized our right to withdraw. The President was faithful to his 1999 cam- tion to reduce our operationally deployed main inherently difficult, expensive, paign statement. We spent ten months try- weapons to 1700–2200 and by President and time consuming. ing to find a way to conduct our testing Putin’s positive response and similar inten- Furthermore, there may be long- within the Treaty, with or without amend- tion. We will be continuing our discussions with term consequences of our withdrawal ment. We could not find a way to do so and the Russians in the months ahead, with the that we cannot yet foresee, but which we, therefore, are leaving the Treaty. objective of reaching further agreements may make us less secure. For example, This issue is now behind us and we are working with the Russians on a new stra- codifying the strategic nuclear reductions we two weeks ago it was reported that have both decided to undertake and pro- Japanese officials indicated the possi- tegic framework. Sincerely, viding for transparency and confidence- bility that Japan may feel a need to COLIN L. POWELL. building measures relating to missile de- pursue its own nuclear weapons. This fenses. We would be happy to provide additional was in response to Japanese concerns U.S. SENATE, briefings or information if you have further about China’s increasing nuclear COMMITTEE ON ARMED SERVICES, Washington, DC, February 20, 2002. questions. forces, which in turn seems to be, at Sincerely, Hon. COLIN POWELL, least in part, a Chinese response to our PAUL V. KELLY, pursuit of defenses against long-range Secretary of State, Washington, DC. Assistant Secretary, ballistic missiles. Our security will not DEAR MR. SECRETARY: I received a letter Legislative Affairs. be enhanced if China increases or ac- dated February 4, 2002 (attached) from Paul celerates its nuclear missile forces, or Kelly, Assistant Secretary of State for Leg- U.S. SENATE, if Japan then decides to pursue its own islative Affairs in response to my letter to COMMITTEE ON ARMED SERVICES, nuclear weapons. you dated January 10, 2002, regarding the Washington, DC, January 10, 2002. Anti-Ballistic Missile (ABM) Treaty. Mr. Hon. COLIN POWELL, Madam President, this is just one re- Secretary of State, cent example of the kind of repercus- Kelly’s letter did not answer my questions. These are important questions and I feel it Washington, DC. sions or consequences that may result is essential to receive clear written answers DEAR MR. SECRETARY: On September 23, from our unilateral withdrawal from to them. To this end, I am asking you to pro- 1999, at a speech at The Citadel, then-Gov- the ABM Treaty. Other nations will act vide answers to these questions. ernor and presidential candidate George W. in their own self interest, and if our ac- 1. Did the United States ever present to the Bush stated the following: tions make other nations feel less se- Russian government any written proposal or ‘‘At the earliest possible date, my Adminis- cure, they will act in a manner de- proposals to amend or modify the ABM Trea- tration will deploy anti-ballistic missile sys- signed to preserve their security—even ty? If so, what specific proposal(s) did the tems, both theater and national to guard U.S. present, where and on what date(s)? against attack and blackmail. To make this if it makes us less secure. In a world 2. If the United States did present any spe- possible, we will offer Russia the necessary with nuclear weapons, the United cific proposal(s) to the Russian government, amendments to the Anti-Ballistic Missile States cannot be secure by making what was the response of the Russian govern- Treaty—an artifact of the Cold war con- other nations feel insecure. If our bal- ment to the U.S. proposal(s)? frontation. . . . If Russia refuses the changes

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.043 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5689 we will give prompt notice, under the provi- Five Americans serving with UNMIK of the Handicapped, the Maryland sions of the Treaty, that we can no longer be were injured in that incident. While my World War II Memorial Commission, a party to it.’’ (emphasis added) thoughts and prayers are with the po- the Maryland Military Monument On December 13, 2001, President Bush gave licemen as they recover, I find it com- Commission, and the Maryland Vet- notice of his intent to withdraw the United pletely unacceptable that Serbian gov- erans Memorial Commission. States from the ABM Treaty. Please provide ernment-backed goons have committed As one of Maryland’s most highly answers to the following questions: Did the United States ever present to the destabilizing acts of violence with vir- decorated veterans, Secretary Bratten Russian government any written proposal or tual impunity. The bridgewatchers and boasts life membership in nine congres- proposals to amend or modify the ABM Trea- other criminals in northern Kosovo sionally chartered veterans organiza- ty? If so, what specific proposal(s) did the must be brought to justice—a job per- tions, including the Military Order of U.S. present, where and on what date(s)? haps best handled by UNMIK police of- Foreign Wars, the Americal Veterans If the United States did present any spe- ficers backed by NATO-led KFOR Association and the distinguished Mili- cific proposal(s) to the Russian government, troops. tary Order of the Purple Heart. He has what was the response of the Russian govern- ment to the U.S. proposal(s)? Now is not the time for a change in served as the Director of the Maryland If the United States did not ever present to U.S. policy toward Kosovo. America Veterans Commission, is a member of the Russian government any proposals to must publicly and forcefully condemn the National Association of State Di- modify or amend the ABM Treaty, please ex- any covert or overt efforts to partition rectors of Veterans Affairs, and has sat plain why that is the case, especially given Mitrovica from the rest of Kosovo. on countless other committees dedi- President Bush’s commitment to offer Rus- I encourage the State Department to cated to improving the lives of Amer- sia ‘‘the necessary amendments’’ to the ABM find its voice on this issue, and to pub- ica’s veterans. Treaty. licly condemn the actions of the I would appreciate your prompt response I am so proud of Tom. His record of to these questions. bridgewatchers and their supporters in service in America’s military and in Sincerely, Belgrade. This issue should not be left Maryland civic life as an advocate for CARL LEVIN, to the gentle massage of quiet diplo- veterans and the disabled are unique Chairman. macy—this is a cancer that must be and unparalleled. He is the best exam- f treated in an aggressive and forthright ple of what Marylanders can accom- manner. plish when they dedicate themselves to LOCAL LAW ENFORCEMENT ACT It seems clear to me that if Serbia their communities, state, and country, OF 2001 has 50,000,000 Euro to support the parti- no matter what the circumstances. He Mr. SMITH of Oregon. Madam Presi- tion of Kosovo, the U.S. Congress has served America with honor. I con- dent, I rise today to speak about hate should consider reducing future foreign gratulate Tom as he continues to bear crimes legislation I introduced with assistance to Serbia by an equivalent the mantle of leadership and service as Senator KENNEDY in March of last amount. the DAV’s veteran of the year.∑ year. The Local Law Enforcement Act The reformers in Serbia know they of 2001 would add new categories to have my full support and encourage- f current hate crimes legislation sending ment. However, Serbia would be wise ROCKY FLATS SECURITY TEAM— a signal that violence of any kind is to invest its revenues in its own polit- SIMPLY THE BEST unacceptable in our society. ical, economic, legal, and social re- ∑ I would like to describe a terrible forms rather than fomenting and spon- Mr. ALLARD. Madam President, I crime that occurred March 9, 2002 in soring regional unrest. am proud to announce that the Rocky Flats Closure Project security team Huntington Beach, CA. Aris Gaddvang, f 25, a Filipino-American store manager, was named the DOE’s ‘‘Team of the was beaten in a parking lot as he pre- ADDITIONAL STATEMENTS Year’’ by placing first out of 12 teams pared to unload some merchandise. The representing nuclear facilities at the assailants shouted racial slurs and 30th Annual Security Police Officer DISABLED VETERAN OF THE YEAR yelled ‘‘white power’’ before beating Training Competition at Oak Ridge, him with metal pipes. ∑ Ms. MIKULSKI. Madam President, TN earlier this month. The Wackenhut I believe that government’s first duty today I pay tribute to Thomas E. Services security police officers team is to defend its citizens, to defend them Bratten, Jr., the National Disabled competed against a team from the against the harms that come out of American Veterans, DAV, Veteran of United Kingdom Atomic Energy Act hate. The Local Law Enforcement En- the Year. Captain Bratten has distin- Constabulatory, teams from the U.S. hancement Act of 2001 is now a symbol guished himself as a champion for vet- Marine Corps and the U.S. Air Force, that can become substance. I believe erans and the disabled throughout his teams from the Office of Transpor- that by passing this legislation and career as a public servant and in his tation Safeguards, and law enforce- changing current law, we can change volunteer contributions to the commu- ment teams. The competitions tested hearts and minds as well. nity. Captain Bratten’s dedication con- the teams’ skills in combat shooting, f tinues today through his service as the physical fitness, and tactical obstacle Secretary of Maryland’s Department of courses. The Rocky Flats team dem- SERBIAN MINISTRY OF INTERIOR Veterans Affairs. onstrated their ability to respond ef- SUPPORT FOR CRIMINALS IN As an Army artillery liaison officer fectively to a situation with superior KOSOVO in the Americal Division, the famous teamwork and decisiveness. Mr. MCCONNELL. Madam President, 1st Battalion 6th Infantry, Secretary I would like to congratulate Rocky the International Crisis Group, ICG, re- Bratten served under Colonel Norman Flats Wackenhut Services team mem- cently issued a report on the insta- Schwarzkopf. They were serving to- bers Muhtalar Dickson of Aurora, Chris bility and unrest in Mitrovica caused, gether on May 28, 1970, when Secretary Duran of Denver, Todd Harrison of in part, by the Serbian Ministry of In- Bratten lost both his left arm and leg Erie, Randy Irmer of Colorado Springs, terior’s, MUP, support of parallel secu- when a land mine exploded while they Jim Krause of Westminister, and Chris rity and administrative structures in attempted to aid wounded soldiers. But Welseler of Highlands Ranch. These northern Kosovo. that didn’t prevent Secretary Bratten Rocky Flats employees are currently According to the report, Serbian offi- from continuing to serve his country. involved in the cleanup and closure of cials have publicly admitted to pro- Secretary Bratten has improved his the plant, which involves nuclear ma- viding salaries to over 29,800 people in nation and community through an im- terial management and shipment, nu- Kosovo, including Serb ‘‘bridge- pressive number of volunteer appoint- clear deactivation and decommis- watchers’’ over the river Ibar who were ments. He served on the Garrett Coun- sioning, waste management and ship- responsible for injuring 26 United Na- ty Council on Alcohol and Drug Abuse, ment, and environmental cleanup and tions Missions in Kosovo, UNMIK, po- the Governor’s Commission for Em- site closure. As always, the employees lice officers in a shootout 2 months ployment of the Handicapped, the Gov- at Rocky Flats are making and keep- ago. ernor’s Commission to Study the Needs ing Coloradans proud.∑

VerDate 11-MAY-2000 04:48 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.047 pfrm01 PsN: S18PT1 S5690 CONGRESSIONAL RECORD — SENATE June 18, 2002 TRIBUTE TO KAHUKU HIGH AND of his military service, Mr. Athens the Air Traffic Control Tower which INTERMEDIATE SCHOOL strove constantly to be engaged in demonstrates superiority in oper- ∑ Mr. INOUYE. Madam President, I philanthropic activity. Whether it was ational efficiency, customer service, wish to pay tribute to Kahuku High the Greek Orthodox Church, the United communications, employee develop- and Intermediate School for its suc- Hellenic American Congress, UHAC, or ment, external relations, resource cessful participation in the We the the National Steel Distributors, Mr. management and human relations. The People: The Citizen and the Constitu- Athens used his time and magnetic per- professionalism and positive employee tion national competition. Kahuku re- sonality to build and support these or- morale of the Columbia ATC Tower cently won the top award in the con- ganizations. were also cited as factors in honoring test’s Unit 3 category called ‘‘How the As a member of the Board of Direc- them with this award. Values and Principles Embodied in the tors and finance chairman of UHAC In this time of threat to our nation, Constitution Shaped American Institu- since 1975, Mr. Athens’ dynamism I am very proud of the Columbia Air tions and Practices.’’ helped the group to stay true to the Traffic Controllers in South Carolina The three-day competition, spon- ideals and traditions of Hellenism, for receiving such an award and setting sored by the Center for Civic Education while reaching sound levels of financial a new standard for the rest of the na- in Washington, DC, provided an oppor- stability. He also served as the Na- tion. tunity for students throughout the tional Treasurer of the Association of I greatly appreciate their hard work country to apply constitutional prin- Steel Distributors, receiving its Steel over the past year. I am confident that ciples and historical facts to contem- Man of the year Award in 1969. In addi- they will continue to operate in a supe- porary situations. The Kahuku stu- tion, Mr. Athens has served as the Na- rior manner and know they understand dents joined hundreds of other students tional Chairman of the Lake Forest that the citizens of this country appre- nationwide in illustrating their knowl- College Parent’s Fund and is an Hon- ciate what they do. I know I do every edge of the Constitution and the Bill of orary Trustee of Deree-Pierce College. time I fly in and out of Columbia, our ∑ Rights before simulated congressional Mr. Athens had a deep-seated passion State Capital. for his Church. He was a founding committees made up of constitutional f scholars, lawyers, journalists, and gov- member of the Archbishop Iakovos ernment leaders. Students who partici- Leadership 100 Fund, an endowment TRIBUTE TO TOBY MILBERG pate in this program honor the rights fund for the Greek Orthodox Arch- NEEDLER diocese in America and was instru- afforded them by the Constitution, and ∑ Mrs. CLINTON. Madam President, I they accept and practice their civic re- mental in building its initial member base. He was also a founder of Saints rise today to honor Toby Milberg Nee- sponsibilities. dler, an outstanding New Yorker, who The 2001–2002 Kahuku High and Inter- Peter and Paul Greek Orthodox Church in Glenview, Illinois, and served on the has served the students of New York mediate School team included the fol- City’s public schools for more than 30 lowing students: Ashton Alvarez, parish council for many years. Mr. Athens has been the recipient of nu- years. On June 27, 2002, Ms. Needler Marisa Becker, Jenna Bjorn, Elizabeth will retire from her position as Vice Burroughs, Amanda Chew, Jonathan merous awards, demonstrative of his passion for service to his Church and Principal of the esteemed Washington Ditto, Marissa Hontanosas, Heather Irving High School where she also Huff, Ji Hye Jean, Sondra Kahawaii, community. Among the many have been The Ellis Island Medal of Honor served as Director of the school’s dis- Alisi Langi, Solomon Lee, Emily Lowe, tinguished Arts program. Sienna Palmer, Michelle Sauque, Jes- Award in 1999 and the Knighthood of Mikros Stravroforos of the Knights of The success of the Arts Program is sica Savini, Starlyn Taylor, Wilson largely the result of Ms. Needler’s dedi- Unga, Keilani Yang. the Orthodox Crossbearers of the All- Holy Sepulchre recognition from the cation and resolve. Skillfully com- Hawaii is proud of these students’ bining the support of private business award-winning performance. I com- Patriarchate of Jerusalem in 1982. He has also received the Medal of St. An- with her education plan, established an mend them for their hard work in pur- inspiring level of credibility with her suit of worthy goals. I hope that their drews in 1980 and the Medal of St. Paul in 1979 from the Greek Orthodox Arch- supervisors and peers. This greatly knowledge and understanding of Amer- benefited the program she both devel- ica’s ideals and values will guide them diocese and the office of ‘‘Archon Deputatos’’ from the Ecumenical Pa- oped and administered. as they become our future leaders. She was most revered, however, for My colleagues may be interested to triarchate of Constantinople in 1977. Mr. Athens, along with his brother the special relationships she developed know that a team from Kahuku High Andrew, co-founded Metron Steel Cor- with her students. Ms. Needler has and Intermediate School represented poration, one of the largest inde- been a listener, a protector, an advo- Hawaii in eight of the past 10 national pendent steel service centers, in 1950. cate and a constant source of energy competitions. Their success is a testa- He served as the Executive Vice Presi- for young people who confront the ment to the inspirational efforts of dent until he retired in 1985. challenges that adolescence may bring. Kahuku High and Intermediate School The Greek-American community and Ms. Needler’s career is marked by her teacher Sandra Cashman. I also wish to the people of Illinois have lost someone creative effort to integrate the world of acknowledge the contributions of Dis- who spent his life making a contribu- arts into the lives of her students. trict Coordinator Sharon Kaohi and Many of those who are familiar with ∑ tion to the values and organizations he State Coordinator Lyla Berg. loved. And many of us have lost a the Washington Irving High School’s f friend.∑ Arts Program, attribute its success to f Ms. Needler’s vision, hard work and THOMAS A. ATHENS commitment. Since her arrival the pro- ∑ Mr. DURBIN. Madam President, it is NATIONAL FACILITY OF THE YEAR gram has expanded beyond bounds. with sadness that I speak today about AWARD Nearly 100 percent of its graduates are the death of a distinguished citizen of ∑ Mr. HOLLINGS. Madam President, I admitted to four-year colleges. We owe Illinois, Thomas A. Athens, who is sur- wish to congratulate the hard working a great debt of gratitude to Ms. Nee- vived by his wife, Irene, and their three employees of the Columbia Air Traffic dler’s dedication. children. Mr. Athens had a lifetime of Control Tower, which was selected as Ms. Needler’s legacy will endure in outstanding achievement and service the National Facility of the Year for the hearts and minds of those whose to God, this great nation, his home ATC level 7. The award will be pre- lives she touched. I commend Ms. Nee- state of Illinois, and his fellow coun- sented to them on Wednesday, June 26, dler for her tremendous achievements. trymen. 2002. She exemplifies the high-quality of A native of Chicago, Mr. Athens at- These controllers have shown a dis- teaching and public service that we as- tended Northwestern University and tinct dedication to their work and pire to instill in all those dedicated in- then served in the United States Army should be very proud of this high dividuals entrusted with the education during the Second World War. Outside honor. The award is given annually to of our nation’s young people.∑

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.047 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5691 RECOGNITION OF NATIONAL BLUE in each classroom. The successes that DRAFT OF PROPOSED LEGISLA- RIBBON SCHOOLS IN MARYLAND Good Counsel graduates find in college TION ENTITLED ‘‘HOMELAND SE- ∑ Mr. SARBANES. Madam President, I and careers attest to the school’s over- CURITY ACT OF 2002’’—PM 92 am proud to recognize the four schools all excellence. The PRESIDING OFFICER laid be- throughout Maryland that were se- Phillips School, Laurel, has been a fore the Senate the following message lected as Blue Ribbon School Award staple of special education, providing from the President of the United winners in 2002. These schools are services to students with a variety of States, together with an accompanying among only 172 schools nationwide to learning, emotional, and behavioral report; which was referred to the Com- be honored with this award, the most disorders for over 30 years. Phillips mittee on Government Affairs: prestigious national school recognition School greets the challenge of teaching for public and private schools. children with special needs with open To the Congress of the United States: According to the Department of Edu- arms, addressing not only the needs of I hereby transmit to the Congress cation, Blue Ribbon Schools have been the student, but the needs of the fam- proposed legislation to create a new judged to be particularly effective in ily as well. The Phillips staff also in- Cabinet Department of Homeland Se- meeting local, state and national goals. cludes related service personnel, so curity. Our Nation faces a new and changing These schools also display the qualities that working with students is a team threat unlike any we have faced be- that are necessary to prepare our effort and the needs of each and every fore—the global threat of terrorism. No young people for the challenges that student are addressed throughout the nation is immune, and all nations must will face our nation in the years to entire school day. By providing a pro- act decisively to protect against this come. Blue Ribbon status is awarded to gram of education, family support serv- constantly evolving threat. schools which have strong leadership; a ices, community education and advo- We must recognize that the threat of school community with a clear vision cacy in a supportive environment, terrorism is a permanent condition, and shared sense of mission; high-qual- Phillips works hard to ensure its stu- and we must take action to protect ity teaching; a challenging and up-to- dents will be able to succeed in the America against the terrorists that date curriculum; policies and practices next stage of life. that ensure a safe and learning condu- seek to kill the innocent. Thomas Spriggs Wootton High, lo- Since September 11, 2001, all levels of cive environment; a solid commitment cated in Montgomery County, is a pub- to family involvement; evidence that government and leaders from across lic high school dedicated to college pre- the political spectrum have cooperated the school helps students achieve high paredness and high student motivation. standards; and a commitment to share like never before. We have strength- Established in 1970, Wootton has a long ened our aviation security and tight- best practices with other schools. history of excellence in academics and The designation as a Blue Ribbon ened our borders. We have stockpiled student participation. Wootton strives School is a ringing endorsement of the medicines to defend against bioter- to create an exceptional learning envi- successful practices that enable the rorism and improved our ability to ronment supporting pride and achieve- students of these schools to succeed combat weapons of mass destruction. ment. Student involvement has been and achieve. After a screening process We have dramatically improved infor- one of the primary focuses at Wootton by appropriate state and local depart- mation sharing among our intelligence in recent years, encouraging students ments, the Blue Ribbon School nomi- agencies, and we have taken new steps not only to participate in school activi- nations were forwarded to the U.S. De- to protect our critical infrastructure. ties themselves, but also to lead oth- partment of Education. A panel of out- Our Nation is stronger and better ers. Historically, 90 percent of Wootton standing educators from around the prepared today than it was on Sep- graduates go on to attend college. This country then reviewed the nomina- tember 11. Yet, we can do better. I pro- statistic is a direct reflection of the tions, selected schools for site visits, pose the most extensive reorganization school wide dedication of Wootton staff and made recommendations to the Sec- of the Federal Government since the to work with all students to support retary of Education. 1940s by creating a new Department of Over the past few years, I have tried and ensure their success. As Wootton’s Homeland Security. For the first time to visit Blue Ribbon Schools in my enrollment and diversity expand, it we would have a single Department State and have always been delighted continues its dedication to ensuring all whose primary mission is to secure our to witness the strong interaction be- students excel. homeland. Soon after the Second World tween parents, teachers, and the com- Windsor Knolls Middle School, lo- War, President Harry Truman recog- munity, a characteristic shared by all cated in Frederick County, is a public nized that our Nation’s fragmented of these successful schools. As I carry middle school embodying a chal- military defenses needed reorganiza- out my visits, I look forward to person- lenging, multifaceted learning commu- tion to help win the Cold War. Presi- ally congratulating the students, nity. Their strong commitment to suc- dent Truman proposed uniting our teachers and staff for achieving this ex- cess is easily demonstrated by student military forces under a single entity, ceptional accomplishment. statistics, high scores on the CRES now the Department of Defense, and The four winning Maryland schools tests, Maryland Functional tests, creating the National Security Council are: CTBS, and MSPAP tests. However, a to bring together defense, intelligence, Our Lady of Good Counsel, located in better understanding of the excellence and diplomacy. President Truman’s re- Montgomery County, is an outstanding at Windsor Knolls can be gained by ob- forms are still helping us to fight ter- example of a school willing to go to serving students. They are consistently ror abroad, and today we need similar great lengths to prepare its students immersed into a world of education dramatic reforms to secure our people for higher education. Good Counsel through programs involving cultural at home. prides itself on the quality of its aca- awareness, character education, com- President Truman and Congress reor- demic offerings, faculty, students, and munity interaction, and many other ganized our Government to meet a very unique community spirit. In an effort groundbreaking programs. These tech- visible enemy in the Cold War. Today to ensure all students are college- niques and outstanding dedication by our nation must once again reorganize ready, Good Counsel undertook an im- the community are key to Windsor our Government to protect against an mense mission when it established the Knolls’ consistent success. often-invisible enemy, an enemy that Ryken Program: a college preparatory Again, I congratulate all of the stu- hides in the shadows and an enemy program for motivated students with dents, teachers and parents from these that can strike with many different learning disabilities. Unique to Good outstanding schools for receiving the types of weapons. Our enemies seek to Counsel, compared to other private National Blue Ribbon School Award. It obtain the most dangerous and deadly schools in the metro area, is its pro- is a well-deserved tribute to their dedi- weapons of mass destruction and use gressive integration of technology into cation and enthusiasm for learning. As them against the innocent. While we the classroom, including three state-of- the school year closes, I wish all of are winning the war on terrorism, Al the-art computer labs, seven depart- them an enriching and restful summer Qaeda and other terrorist organiza- mental technology rooms, and a laptop and continued success in the future.∑ tions still have thousands of trained

VerDate 11-MAY-2000 04:48 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.034 pfrm01 PsN: S18PT1 S5692 CONGRESSIONAL RECORD — SENATE June 18, 2002 killers spread across the globe plotting nate communications with State and protecting our transportation infra- attacks against America and the other local governments, private industry, structure. It would ensure that all as- nations of the civilized world. and the American people about threats pects of border control, including the Immediately after last fall’s attack, I and preparedness. One department issuing of visas, are informed by a cen- used my legal authority to establish would coordinate our efforts to secure tral information-sharing clearinghouse the White House Office of Homeland the American people against bioter- and compatible databases. Security and the Homeland Security rorism and other weapons of mass de- Council to help ensure that our Federal struction. One department would help EMERGENCY PREPAREDNESS AND RESPONSE response and protection efforts were train and equip our first responders. Although our top priority is pre- coordinated and effective. I also di- One department would manage Federal venting future attacks, we must also rected Homeland Security Advisor Tom emergency response activities. prepare to minimize the damage and Ridge to study the Federal Govern- Our goal is not to expand Govern- recover from attacks that may occur. ment as a whole to determine if the ment, but to create an agile organiza- My legislative proposal requires the current structure allows us to meet the tion that takes advantage of modern Department of Homeland Security to threats of today while preparing for technology and management tech- ensure the preparedness of our Nation’s the unknown threats of tomorrow. niques to meet a new and constantly emergency response professionals, pro- evolving threat. We can improve our After careful study of the current vide the Federal Government’s re- homeland security by minimizing the structure, coupled with the experience sponse, and aid America’s recovery duplication of efforts, improving co- gained since September 11 and new in- from terrorist attacks and natural dis- ordination, and combining functions formation we have learned about our asters. To fulfill these missions, the that are currently fragmented and inef- enemies while fighting a war, I have Department of Homeland Security ficient. The new Department would concluded that our Nation needs a would incorporate the Federal Emer- allow us to have more security officers more unified homeland security struc- gency Management Agency (FEMA) as in the field working to stop terrorists ture. one of its key components. The Depart- and fewer resources in Washington I propose to create a new Department ment would administer the domestic managing duplicative activities that of Homeland Security by substantially disaster preparedness grant programs drain critical homeland security re- transforming the current confusing for firefighters, police, and emergency patchwork of government activities sources. The Department of Homeland Secu- personnel currently managed by into a single department whose pri- FEMA, the Department of Justice, and mary mission is to secure our home- rity would have a clear and efficient organizational structure with four the Department of Health and Human land. My proposal builds on the strong Services. In responding to an incident, bipartisan work on the issue of home- main divisions: Border and Transpor- tation Security; Emergency Prepared- the Department would manage such land security that has been conducted critical response assets as the Nuclear by Members of Congress. In designing ness and Response; Chemical, Biologi- cal, Radiological and Nuclear Counter- Emergency Search Team (from the De- the new Department, my Administra- partment of Energy) and the National tion considered a number of homeland measures; and Information Analysis and Infrastructure Protection. Pharmaceutical Stockpile (from the security organizational proposals that Department of Health and Human BORDER AND TRANSPORTATION SECURITY have emerged from outside studies, Services). Finally, the Department of Terrorism is a global threat and we commission, and members of Congress. Homeland Security would integrate the must improve our border security to THE NEED FOR A DEPARTMENT OF HOMELAND Federal interagency emergency re- help keep out those who mean to do us SECURITY sponse plans into a single, comprehen- Today no Federal Government agen- harm. We must closely monitor who is sive, Government-wide plan, and would cy has homeland security as its pri- coming into and out of our country to work to ensure that all response per- mary mission. Responsibilities for help prevent foreign terrorists from en- sonnel have the equipment and capa- homeland security are dispersed among tering our country and bringing in bility to communicate with each other more than 100 different entities of the their instruments of terror. At the as necessary. Federal Government. America needs a same time, we must expedite the legal unified homeland security structure flow of people and goods on which our CHEMICAL, BIOLOGICAL, RADIOLOGICAL, AND that will improve protection against economy depends. Securing our borders NUCLEAR COUNTERMEASURES today’s threats and be flexible enough and controlling entry to the United Our enemies today seek to acquire to help meet the unknown threats of States has always been the responsi- and use the most deadly weapons the future. bility of the Federal Government. Yet, known to mankind—chemical, biologi- The mission of the new Department this responsibility and the security of cal, radiological and nuclear weapons. would be to prevent terrorist attacks our transportation systems is now dis- within the United States, to reduce persed among several major Govern- The new Department of Homeland America’s vulnerability to terrorism, ment organizations. Under my pro- Security would lead the Federal Gov- and to minimize the damage and re- posed legislation, the Department of ernment’s efforts in preparing for and cover from attacks that may occur. Homeland Security would unify au- responding to the full range of terrorist The Department of Homeland Security thority over major Federal security op- threat involving weapons of mass de- would mobilize and focus the resources erations related to our borders, terri- struction. The Department would set of the Federal Government, State and torial waters, and transportation sys- national policy and establish guide- local governments, the private sector, tems. lines for State and local governments. and the American people to accomplish The Department would assume re- The Department would direct exercises its mission. sponsibility for the United States for Federal, State, and local chemicals, The Department of Homeland Secu- Coast Guard, the United States Cus- biological, radiological, and nuclear at- rity would make Americans safer be- toms Service, the Immigration and tack response teams and plans. The De- cause for the first time we would have Naturalization Service (including the partment would consolidate and syn- one department dedicated to securing Border Patrol), the Animal and Plant chronize the disparate efforts of mul- the homeland. One department would Health Inspection Service, and the tiple Federal agencies now scattered secure our borders, transportation sec- Transportation Security Administra- across several departments. This would tor, ports, and critical infrastructure. tion. The Secretary of Homeland Secu- create a single office whose primary One department would analyze home- rity would have the authority to ad- mission is the critical task of securing land security intelligence from mul- minister and enforce all immigration the United States from catastrophic tiple sources, synthesize it with a com- and nationality laws, including the terrorism. prehensive assessment of America’s visa issuance functions of consular offi- The Department would improve vulnerabilities, and take action to se- cers. As a result, the Department America’s ability to develop cure our highest risk facilities and sys- would have sole responsibility for man- diagnostics, vaccines, antibodies, anti- tems. One department would coordi- aging entry into the United States and dotes, and other countermeasures

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.036 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5693 against new weapons. It would consoli- officials one primary contact instead of cans. America needs a homeland secu- date and prioritize the disparate home- many when it comes to matters related rity establishment that can help pre- land security-related research and de- to training, equipment, planning, and vent catastrophic attacks and mobilize velopment programs currently scat- other critical needs such as emergency national resources for an enduring con- tered throughout the executive branch, response. flict while protecting our Nation’s val- and the Department would assist State The consolidation of the Govern- ues and liberties. and local public safety agencies by ment’s homeland security efforts as Years from today, our world will still evaluating equipment and setting outlined in my proposed legislation can be fighting the threat of terrorism. It standards. achieve great efficiencies that further is my hope that future generations will INFORMATION ANALYSIS AND INFRASTRUCTURE enhance our security. Yet, to achieve be able to look back on the Homeland PROTECTION these efficiencies, the new Secretary of Security Act of 2002—as we now re- For the first time the Government Homeland Security would require con- member the National Security Act of would have under one roof the capa- siderable flexibility in procurement, 1947—as the solid organizational foun- bility to identify and assess threats to integration of information technology dation for America’s triumph in a long the homeland, map those threats systems, and personnel issues. My pro- and difficult struggle against a formi- against our vulnerabilities, issue time- posed legislation provides the Sec- dable enemy. ly warnings, and take action to help se- retary of Homeland Security with just History has given our Nation new cure the homeland. such flexibility and managerial au- challenges—and important new assign- The Information Analysis and Infra- thorities. I call upon the congress to ments. Only the United States Con- structure Protection division of the implement these measures in order to gress can create a new department of new Department of Homeland Security ensure that we are maximizing our Government. We face an urgent need, would complement the reforms on in- ability to secure our homeland. and I am pleased that congress has re- telligence-gathering and information- CONTINUED INTERAGENCY COORDINATION AT THE sponded to my call to act before the sharing already underway at the FBI WHITE HOUSE end of the current congressional ses- and the CIA. The Department would Even with the creation of the new sion with the same bipartisan spirit analyze information and intelligence Department, there will remain a strong that allowed us to act expeditiously on fro the FBI, CIA, and many other Fed- need for a White House Office of Home- legislation after September 11. eral agencies to better understand the land Security. Protecting America These are times that demand bipar- terrorist threat to the American home- from Terrorism will remain a multi-de- tisan action and bipartisan solutions to land. partmental issue and will continue to meet the new and changing threats we The Department would comprehen- require interagency coordination. face as a Nation. I urge the Congress to sively assess the vulnerability of Amer- Presidents will continue to require the join me in creating a single, permanent ica’s key assets and critical infrastruc- confidential advice of a Homeland Se- department with an overriding and ur- ture, including food and water systems, curity Advisor, and I intend for the gent mission—securing the homeland agriculture, health systems and emer- White House Office of Homeland Secu- of America and protecting the Amer- gency services, information and tele- rity and the Homeland Security Coun- ican people. Together we can meet this communications, banking and finance, cil to maintain a strong role in coordi- ambitious deadline and help ensure energy, transportation, the chemical nating our government-wide efforts to that the American homeland is secure and defense industries, postal and ship- secure the homeland. against the terrorist threat. ping entities, and national monuments THE LESSONS OF HISTORY GEORGE W. BUSH. and icons. The Department would inte- History teaches us that new chal- THE WHITE HOUSE, June 18, 2002. grate its own and others’ threat anal- lenges require new organizational f yses with its comprehensive vulner- structures. History also teaches us that MESSAGE FROM THE HOUSE ability assessment to identify protec- critical security challenges require tive priorities and support protective clear lines of responsibility and the At 11:54 a.m., a message from the steps to be taken by the Department, unified effort of the U.S. Government. House of Representatives, delivered by other Federal departments and agen- President Truman said, looking at Ms. Niland, one of its reading clerks, cies, State and local agencies, and the the lessons of the Second World War: announced that the House has passed private sector. Working closely with ‘‘It is now time to discard obsolete or- the following bills, in which it requests State and local officials, other Federal ganizational forms, and to provide for the concurrence of the Senate: agencies, and the private sector, the the future the soundest, the most effec- H.R. 1906. An act to amend the Act that es- Department would help ensure that tive, and the most economical kind of tablished the Pu’uhonua O Honaunau Na- proper steps are taken to protect high- structure for our armed forces.’’ When tional Historical Park to expand the bound- risk potential targets. skeptics told President Truman that aries of that park. H.R. 3936. An act to designate and provide OTHER COMPONENTS this proposed reorganization was too for the management of the James. V. Sho- In addition to these four core divi- ambitious to be enacted, he simply re- shone National Trail, and for other purposes. sions, the submitted legislation would plied that it had to be. In the years to H.R. 4103. An act to direct the Secretary of also transfer responsibility for the Se- follow, the Congress acted upon Presi- the Interior to transfer certain public lands cret Service to the Department of dent Truman’s recommendation, even- in Natrona County, Wyoming, to the Cor- Homeland Security. The Secret Serv- tually laying a sound organizational poration of the Presiding Bishop, and for ice, which would report directly to the foundation that enabled the United other purposes. Secretary of Homeland Security, would states to win the Cold War. All Ameri- The message also announced that the retain its primary mission to protect cans today enjoy the inheritance of House has agreed to the following con- the President and other Government this landmark organizational reform: a current resolutions, in which it re- leaders. The Secret Service would, unified Department of Defense that has quests the concurrence of the Senate: however, contribute its specialized pro- become the most powerful force for H. Con. Res. 340. Concurrent resolution tective expertise to the fulfillment of freedom the world has ever seen. supporting the goals and ideals of Meningitis the Department’s core mission. Today America faces a threat that is Awareness Month. Finally, under my legislation, the wholly different from the threat we H. Con. Res. 415. Concurrent resolution rec- ognizing National Homeownership Month Department of Homeland Security faced during the Cold War. Our ter- and the importance of homeownership in the would consolidate and streamline rela- rorist enemies hide in shadows and at- United States. tions with the Federal Government for tack civilians with whatever means of America’s State and local govern- destruction they can access. But as in At 6:21 p.m., a message from the ments. The new Department would the Cold War, meeting this threat re- House of Representatives, delivered by contain an intergovernmental affairs quires clear lines of responsibility and Ms. Niland, one of its reading clerks, office to coordinate Federal homeland the unified efforts of government at all announced that the House agrees to security programs with State and local levels—Federal, State, local, and trib- the amendments of the Senate to the officials. It would give State and local al—the private sector, and all Ameri- bill (H.R. 327) to amend chapter 35 of

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.037 pfrm01 PsN: S18PT1 S5694 CONGRESSIONAL RECORD — SENATE June 18, 2002 title 44, United States Code, for the EC–7475. A communication from the Acting ment of Labor, transmitting, pursuant to purpose of facilitating compliance by Director, Office of Regulatory Law, Vet- law, the report of a rule entitled ‘‘Kentucky small businesses with certain Federal eran’s Health Administration, Department of Regulatory Program’’ (KY–222–FOR) received paperwork requirements and to estab- Veteran’s Affairs, transmitting, pursuant to on June 14, 2002; to the Committee on Energy law, the report of a rule entitled ‘‘Medical and Natural Resources. lish a task force to examine the feasi- Benefits Package; Copayments for Extended EC–7485. A communication from the Dep- bility of streamlining paperwork re- Care Service’’ (RIN2900–AK32) received on uty Assistant Secretary, Fish and Wildlife quirements applicable to small busi- June 11, 2002; to the Committee on Veterans’ and Parks, National Park Service, Depart- nesses. Affairs. ment of the Interior, transmitting, pursuant The message also announced that the EC–7476. A communication from the Direc- to law, the report of a rule entitled ‘‘Special House agrees to the amendment of the tor, Endangered Species, Fish and Wildlife Regulations, Delay of Effective Date’’ Senate to the bill (H.R. 3275) to imple- Service, Department of the Interior, trans- (RIN1024–AC82) received on June 17, 2002; to mitting, pursuant to law, the report of a rule the Committee on Energy and Natural Re- ment the International Convention for entitled ‘‘Listing the Chiricahua leopard frog sources. the Suppression of Terrorist Bombings with a special rule’’ (RIN1018–AF41) received EC–7486. A communication from the Dep- to strengthen criminal laws relating to on June 11, 2002; to the Committee on Envi- uty Assistant Secretary, Fish and Wildlife attacks on places of public use, to im- ronment and Public Works. and Parks, National Parks Service, Depart- plement the International Convention EC–7477. A communication from the Gen- ment of the Interior, transmitting, pursuant of the Suppression of the Financing of eral Counsel of the Department of Com- to law, the report of a rule entitled ‘‘Na- Terrorism, to combat terrorism and de- merce, transmitting, a draft of proposed leg- tional Capital Region, Special Regulations’’ islation to provide voluntary separation pay- fend the Nation against terrorist acts, (RIN1024–AC76) received on June 17, 2002; to ment authority to the Secretary of Com- the Committee on Energy and Natural Re- and for other purposes. merce in connection with reorganization of sources. f the Economic Development Administration EC–7487. A communication from the Dep- (EDA); to the Committee on Environment uty Assistant Secretary, Fish and Wildlife MEASURES REFERRED and Public Works. and Parks, National Parks Service, Depart- The following bills were read the first EC–7478. A communication from the Acting ment of the Interior, transmitting, pursuant Assistant General Counsel for Regulations, to law, the report of a rule entitled ‘‘Conces- and the second times by unanimous Office of the General Counsel, Office of Spe- sions Contracts’’ (RIN1024–AC88) received on consent, and referred as indicated: cial Education and Rehabilitative Service, June 17, 2002; to the Committee on Energy H.R. 1906. An act to amend the Act that es- Department of Education, transmitting, pur- and Natural Resources. tablished the Pu’uhonua O Honaunau Na- suant to law, the report of a rule entitled EC–7488. A communication from the Dep- tional Historical Park to expand the bound- ‘‘Burn Model System Projects, Burn Data uty Assistant Secretary, Fish and Wildlife aries of that park; to the Committee on En- Center, and Traumatic Brain Injury Model and Parks, National Parks Service, Depart- ergy and Natural Resources. Systems Program’’ (CFDA Number 84.133A) ment of the Interior, transmitting, pursuant H.R. 3936. An act to designate and provide received on June 11, 2002; to the Committee to law, the report of a rule entitled ‘‘Na- for the management of the Shoshone Na- on Health, Education, Labor, and Pensions. tional Natural Landmarks Program’’ tional Trail, and for other purposes; to the EC–7479. A communication from the Under (RIN1024–AB96) received on June 17, 2002; to Committee on Energy and Natural Re- Secretary of Defense, Acquisition, Tech- the Committee on Energy and Natural Re- sources. nology and Logistics, transmitting, pursuant sources. H.R. 4103. An act to direct the Secretary of to law, the Department’s 2001 inventory of EC–7489. A communication from the Dep- the Interior to transfer certain public lands activities that are not inherently govern- uty Secretary of Defense, transmitting, the in Natrona County, Wyoming, to the Cor- mental functions as required by section 2 of approval of a retirement; to the Committee poration of the Presiding Bishop, and for the Federal Activities Inventory Reform on Armed Services. other purposes; to the Committee on Energy (FAIR) Act; to the Committee on Govern- EC–7490. A communication from the Sec- and Natural Resources. mental Affairs. retary of Energy, transmitting, pursuant to EC–7480. A communication from the Chief law, the Annual Report on Activities Relat- The following concurrent resolutions Judge, Superior Court of the District of Co- ing to Defense Nuclear Facilities Safety were read, and referred as indicated: lumbia, transmitting, a supplement to the Board for calendar year 2001; to the Com- H. Con. Res. 340. Concurrent resolution Court’s Transition Plan submitted on April mittee on Armed Services. supporting the goals and ideals of Meningitis 5, 2002 pursuant to the Family Court Act of EC–7491. A communication from the Gen- Awareness Month; to the Committee on 2001; to the Committee on Governmental Af- eral Counsel of the Department of Defense, Health, Education, Labor, and Pensions. fairs. transmitting, a draft of proposed legislation H. Con. Res. 415. Concurrent resolution rec- EC–7481. A communication from the Assist- relating to the management and operations ognizing National Homeownership Month ant Administrator for Procurement, Na- of the Department of Defense; to the Com- and the importance of homeownership in the tional Aeronautics and Space Administra- mittee on Armed Services. United States; to the Committee on Bank- tion, transmitting, pursuant to law, the re- EC–7492. A communication from the Gen- ing, Housing, and Urban Affairs. port of a rule entitled ‘‘NASA Grant and Co- eral Counsel, Federal Emergency Manage- The Committee on Veterans Affairs operative Agreement Handbook—Limita- ment Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Final Flood was discharged from further consider- tions on Incremental Funding and Deobligations on Grants, and Elimination of Elevation Determinations’’ (44 CFR Part 67) ation of the following measure which Delegation of Closeout of Grants and Cooper- received on June 11, 2002; to the Committee was referred to the Committee on the ative Agreements to Office of Naval Re- on Banking, Housing, and Urban Affairs. Judiciary: search (ONR)’’ (RIN2700–AC51) received on EC–7493. A communication from the Assist- S. 1272. A bill to assist United States vet- June 10, 2002; to the Committee on Com- ant General Counsel for Regulations, Office erans who were treated as slave laborers merce, Science, and Transportation. of Housing, Department of Housing and while held as prisoners of war by Japan dur- EC–7482. A communication from the Assist- Urban Development, transmitting, pursuant ing World War II, and for other purposes. ant Administrator for Satellite and Informa- to law, the report of a rule entitled ‘‘Con- tion Services, National Oceanic and Atmos- densation Control for Exterior Walls of Man- f pheric Administration, Department of Com- ufactured Homes Sited in Humid and Fringe EXECUTIVE AND OTHER merce, transmitting, pursuant to law, the re- Climate; Waiver’’ (FR–4578–F–02) received on port of a rule entitled ‘‘Office of Research June 11, 2002; to the Committee on Banking, COMMUNICATIONS and Applications Notice of Financial Assist- Housing, and Urban Affairs. The following communications were ance to Establish a Cooperative Institute for EC–7494. A communication from the Chair- laid before the Senate, together with Research in Remote Sensing’’ (RIN0648–ZB18) man of the Board of Governors of the Federal accompanying papers, reports, and doc- received on June 11, 2002; to the Committee Reserve System, transmitting, pursuant to on Commerce, Science, and Transportation. law, the Annual Report on Retail Fees and uments, which were referred as indi- EC–7483. A communication from the Assist- Services of Depository Institutions dated cated: ant Secretary of Labor for Mine Safety and June 2002; to the Committee on Banking, EC–7474. A communication from the Com- Health, Department of Labor, transmitting, Housing, and Urban Affairs. missioner, National Indian Gaming Commis- pursuant to law, the report of a rule entitled EC–7495. A communication from the Chief sion, transmitting, pursuant to law, the re- ‘‘Diesel Particulate Matter Exposure of Un- Counsel, Office of Foreign Assets Control, port of a rule entitled ‘‘Definitions: Elec- derground Metal and Nonmetal Miners’’ Department of the Treasury, transmitting, tronic, Computer or Other Technologic Aid; (RIN1219–AA28) received on June 14, 2002; to pursuant to law, the report of a rule entitled Electronic or Electromechanical Facsimile; the Committee on Energy and Natural Re- ‘‘Rules Governing Availability of Informa- Game Similar to Bingo’’ (RIN3141–AA10) re- sources. tion’’ received on June 13, 2002; to the Com- ceived on June 12, 2002; to the Committee on EC–7484. A communication from the Direc- mittee on Banking, Housing, and Urban Af- Indian Affairs. tor of the Office of Surface Mining, Depart- fairs.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.039 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5695 EC–7496. A communication from the Presi- 2002–36, 2002–22 IRB) received on June 12, 2002; Service, Department of the Treasury, trans- dent of the United States, transmitting, pur- to the Committee on Finance. mitting, pursuant to law, the report of a rule suant to law, a notification relative to the EC–7508. A communication from the Chief entitled ‘‘Republication of Revenue Proce- designation of Deanna Tanner Okun as of the Regulations Unit, Internal Revenue dure 2001–8’’ received on June 12, 2002; to the Chairman and Jennifer Anne Hillman as Vice Service, Department of the Treasury, trans- Committee on Finance. Chairman of the United States International mitting, pursuant to law, the report of a rule EC–7520. A communication from the Chief Trade Commission, effective June 17, 2002; to entitled ‘‘Contingent Convertible Debt In- of the Regulations Unit, Internal Revenue the Committee on Foreign Relations. strument’’ (Rev. Rul. 2002–31, 2002–22 IRB) re- Service, Department of the Treasury, trans- EC–7497. A communication from the Assist- ceived on June 12, 2002; to the Committee on mitting, pursuant to law, the report of a rule ant Secretary for Legislative Affairs, De- Finance. entitled ‘‘Notional Principal Contract Tax partment of State, transmitting, pursuant to EC–7509. A communication from the Chief Shelter’’ (Notice 2002–35, 2002–21) received on law, Presidential Determination number of the Regulations Unit, Internal Revenue June 12, 2002; to the Committee on Finance. 2002–23, relative to Suspension of Limita- Service, Department of the Treasury, trans- EC–7521. A communication from the Chief tions under the Jerusalem Embassy Act; to mitting, pursuant to law, the report of a rule of the Regulations Unit, Internal Revenue the Committee on Foreign Relations. entitled ‘‘TD 8971: New Markets Tax Credit’’ Service, Department of the Treasury, trans- EC–7498. A communication from the Assist- (RIN1545–BA49) received on June 12, 2002; to mitting, pursuant to law, the report of a rule ant Secretary for Legislative Affairs, De- the Committee on Finance. entitled ‘‘Notional Principal Contracts’’ partment of State, transmitting, pursuant to EC–7510. A communication from the Chief (Rev. Rul. 2002–30, 2002–21 IRB) received on the Arms Export Control Act, the report of a of the Regulations Unit, Internal Revenue June 12, 2002; to the Committee on Finance. certification of a proposed license for the ex- Service, Department of the Treasury, trans- EC–7522. A communication from the Chief port of defense articles to India; to the Com- mitting, pursuant to law, the report of a rule of the Regulations Unit, Internal Revenue mittee on Foreign Relations. entitled ‘‘North Dakota State University v. Service, Department of the Treasury, trans- EC–7499. A communication from the Assist- United States’’ received on June 12, 2002; to mitting, pursuant to law, the report of a rule ant Secretary for Legislative Affairs, De- the Committee on Finance. entitled ‘‘Rev. Rul. 2002–23’’ received on June partment of State, transmitting, pursuant to EC–7511. A communication from the Chief 12, 2002; to the Committee on Finance. the Arms Export Control Act, the report of a of the Regulations Unit, Internal Revenue EC–7523. A communication from the Chief of the Regulations Unit, Internal Revenue certification of a proposed license for the ex- Service, Department of the Treasury, trans- Service, Department of the Treasury, trans- port of defense articles to India; to the Com- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mittee on Foreign Relations. entitled ‘‘Applicable Federal Rates—January entitled ‘‘Appeals Settlement Guidelines: EC–7500. A communication from the Assist- 2002’’ (Rev. Rul. 2002–2) received on June 12, Maquiladora—IRC sec. 1504(d)’’ (UIL 1504–00– ant Secretary for Legislative Affairs, De- 2002; to the Committee on Finance. partment of State, transmitting, pursuant to EC–7512. A communication from the Chief 00) received on June 12, 2002; to the Com- mittee on Finance. the Arms Export Control Act, the report of a of the Regulations Unit, Internal Revenue EC–7524. A communication from the Chief certification of a proposed license for the ex- Service, Department of the Treasury, trans- of the Regulations Unit, Internal Revenue mitting, pursuant to law, the report of a rule port of defense articles to India; to the Com- Service, Department of the Treasury, trans- mittee on Foreign Relations. entitled ‘‘Allocation of National Limitations mitting, pursuant to law, the report of a rule EC–7501. A communication from the Assist- for Qualified Zone Academy Bonds for Year entitled ‘‘Treaty Guidance Regarding Pay- ant Secretary for Legislative Affairs, De- 2002’’ (Rev. Proc. 2002–25) received on June 12, ments with Respect to Domestic Reverse Hy- partment of State, transmitting, pursuant to 2002; to the Committee on Finance. brid Entities’’ (RIN1545–AY13; TD8999) re- the Arms Export Control Act, the report of a EC–7513. A communication from the Chief ceived on June 13, 2002; to the Committee on certification of a proposed license for the ex- of the Regulations Unit, Internal Revenue Finance. port of defense articles to India; to the Com- Service, Department of the Treasury, trans- EC–7525. A communication from the Chief mittee on Foreign Relations. mitting, pursuant to law, the report of a rule of the Regulations Unit, Internal Revenue EC–7502. A communication from the Assist- entitled ‘‘Transfers of Deferred Compensa- Service, Department of the Treasury, trans- ant Secretary for Legislative Affairs, De- tion Incident to Divorce’’ (Rev. Rul. 2002–22) mitting, pursuant to law, the report of a rule partment of State, transmitting, pursuant to received on June 12, 2002; to the Committee entitled ‘‘Valuation of Options for Golden the Arms Export Control Act, the report of a on Finance. Parachute Payments’’ (Rev. Proc. 2002–45) re- certification of a proposed license for the ex- EC–7514. A communication from the Chief ceived on June 14, 2002; to the Committee on port of defense articles to India; to the Com- of the Regulations Unit, Internal Revenue Finance. mittee on Foreign Relations. Service, Department of the Treasury, trans- EC–7526. A communication from the Chief EC–7503. A communication from the Chief mitting, pursuant to law, the report of a rule of the Regulations Unit, Internal Revenue of the Regulations Unit, Internal Revenue entitled ‘‘IRS Announces that the Industry Service, Department of the Treasury, trans- Service, Department of the Treasury, trans- Issue Resolution Program Is Being Made mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Permanent’’ (Notice 2002–20, 2002–17IRB) re- entitled ‘‘NYC Accidental Death Benefits’’ entitled ‘‘The Application of Section 125 in ceived on June 12, 2002; to the Committee on (Rev. Rul. 2002–39) received on June 14, 2002; Mergers and Acquisitions’’ (Rev. Rul. 2002–32) Finance. to the Committee on Finance. received on June 11, 2002; to the Committee EC–7515. A communication from the Chief EC–7527. A communication from the Chief on Finance. of the Regulations Unit, Internal Revenue of the Regulations Unit, Internal Revenue EC–7504. A communication from the Chief Service, Department of the Treasury, trans- Service, Department of the Treasury, trans- of the Regulations Unit, Internal Revenue mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Service, Department of the Treasury, trans- entitled ‘‘2001 Nonconventional Source Fuel entitled ‘‘Professional Employer Organiza- mitting, pursuant to law, the report of a rule Credit’’ (Notice 2002–30) received on June 12, tions, Employee Leasing and Defined Con- entitled ‘‘Capitalized Cost Reduction Pay- 2002; to the Committee on Finance. tribution Plans’’ (Rev. Proc. 2002–21) received ments’’ (Rev. Rul. 2002–36) received on June EC–7516. A communication from the Chief on June 14, 2002; to the Committee on Fi- 12, 2002; to the Committee on Finance. of the Regulations Unit, Internal Revenue nance. EC–7505. A communication from the Chief Service, Department of the Treasury, trans- EC–7528. A communication from the Chief of the Regulations Unit, Internal Revenue mitting, pursuant to law, the report of a rule of the Regulations Unit, Internal Revenue Service, Department of the Treasury, trans- entitled ‘‘Hospital Refinancing Bonds Clos- Service, Department of the Treasury, trans- mitting, pursuant to law, the report of a rule ing Agreement Announcement’’ (RIN1545– mitting, pursuant to law, the report of a rule entitled ‘‘Automatic Enrollment Under Sec- BA46) received on June 12, 2002; to the Com- entitled ‘‘Final Regulations (REG–209601–92), tion 125’’ (Rev. Rul. 2002–27) received on June mittee on Finance. Taxation of Tax-Exempt Organizations’ In- 12, 2002; to the Committee on Finance. EC–7517. A communication from the Chief come from Corporate Sponsorship’’ (RIN1545– EC–7506. A communication from the Chief of the Regulations Unit, Internal Revenue BA68; TD8991) received on June 14, 2002; to of the Regulations Unit, Internal Revenue Service, Department of the Treasury, trans- the Committee on Finance. Service, Department of the Treasury, trans- mitting, pursuant to law, the report of a rule EC–7529. A communication from the Chief mitting, pursuant to law, the report of a rule entitled ‘‘National Median Gross Income 2002 of the Regulations Unit, Internal Revenue entitled ‘‘Suspension of Requirement to File Revenue Procedure’’ (Rev. Proc. 2002–24) re- Service, Department of the Treasury, trans- Form 8390 (Information Return for Deter- ceived on June 12, 2002; to the Committee on mitting, pursuant to law, the report of a rule mination of Life Insurance Company Earn- Finance. entitled ‘‘Guidance under Section 355(e); ings Under Section 809)’’ (Notice 2002–33) re- EC–7518. A communication from the Chief Recognition of Gain on Certain Distribution ceived on June 12, 2002; to the Committee on of the Regulations Unit, Internal Revenue of Stock or Securities in Connection with an Finance. Service, Department of the Treasury, trans- Acquisition’’ ((RIN1545–BA55)(RIN1545– EC–7507. A communication from the Chief mitting, pursuant to law, the report of a rule AY42)) received on June 14, 2002; to the Com- of the Regulations Unit, Internal Revenue entitled ‘‘Republication of Revenue Proce- mittee on Finance. Service, Department of the Treasury, trans- dure 2001–4’’ (Rev. Proc. 2002–4) received on EC–7530. A communication from the Chief mitting, pursuant to law, the report of a rule June 12, 2002; to the Committee on Finance. of the Regulations Unit, Internal Revenue entitled ‘‘Contingent Convertible Debt In- EC–7519. A communication from the Chief Service, Department of the Treasury, trans- struments—Request for Comments’’ (Notice of the Regulations Unit, Internal Revenue mitting, pursuant to law, the report of a rule

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.031 pfrm01 PsN: S18PT1 S5696 CONGRESSIONAL RECORD — SENATE June 18, 2002 entitled ‘‘Accounting Method Allowed for sion, and for other purposes; to the Com- Internal Revenue Code of 1986 to repeal Some Small Taxpayers’’ (Rev. Proc. 2002–28) mittee on Energy and Natural Resources. the required use of certain principal re- received on June 14, 2002; to the Committee By Mr. TORRICELLI (for himself, Mr. payments on mortgage subsidy bond fi- on Finance. HOLLINGS, and Mr. CORZINE): nancing to redeem bonds, to modify the EC–7531. A communication from the Chief S. 2636. A bill to ensure that the Secretary of the Regulations Unit, Internal Revenue of the Army treats recreation benefits the purchase price limitation under mort- Service, Department of the Treasury, trans- same as hurricane and storm damage reduc- gage subsidy bond rules based on me- mitting, pursuant to law, the report of a rule tion benefits and environmental protection dian family income, and for other pur- entitled ‘‘Minimum Distributions—Report- and restoration; to the Committee on Envi- poses. ing Requirements under Final Regulations’’ ronment and Public Works. S. 701 (Notice 2002–27) received on June 14, 2002; to By Mr. CONRAD (for himself, Mr. At the request of Mr. BAUCUS, the the Committee on Finance. SMITH of Oregon, Mr. ALLEN, and Mr. EC–7532. A communication from the Chief WARNER): name of the Senator from California of the Regulations Unit, Internal Revenue S. 2637. A bill to amend the Internal Rev- (Mrs. FEINSTEIN) was added as a co- Service, Department of the Treasury, trans- enue Code of 1986 and the Surface Mining sponsor of S. 701, a bill to amend the mitting, pursuant to law, the report of a rule Control and Reclamation Act of 1977 to pro- Internal Revenue Code of 1986 to pro- entitled ‘‘Applicable Federal Rates—May tect the health benefits of retired miners and vide special rules for the charitable de- 2002’’ (Rev. Rul. 2002–25) received on June 14, to restore stability and equity to the financ- duction for conservation contributions 2002; to the Committee on Finance. ing of the United Mine Workers of America EC–7533. A communication from the Chief of land by eligible farmers and ranch- Combined Benefit Fund and 1992 Benefit Plan of the Regulations Unit, Internal Revenue ers, and for other purposes. by providing additional sources of revenue to Service, Department of the Treasury, trans- the Fund and Plan, and for other purposes; S. 830 mitting, pursuant to law, the report of a rule to the Committee on Finance. HAFEE entitled ‘‘Required Distributions from Re- At the request of Mr. C , the By Mr. KENNEDY: tirement Plans’’ ((RIN1545–AY69)(RIN1545– name of the Senator from California AY70; TD8987)) received on June 14, 2002; to S. 2638. A bill to encourage health care fa- (Mrs. BOXER) was added as a cosponsor the Committee on Finance. cilities, group health plans, and health insur- of S. 830, a bill to amend the Public EC–7534. A communication from the Regu- ance issuers to reduce administrative costs, Health Service Act to authorize the Di- lations Coordinator, Centers for Medicare and to improve access, convenience, quality, and safety, and for other purposes; to the rector of the National Institute of En- and Medicaid Services, Department of vironmental Health Sciences to make Health and Human Services, transmitting, Committee on Health, Education, Labor, and pursuant to law, the report of a rule entitled Pensions. grants for the development and oper- ‘‘Medicaid Program; Medicaid Managed Care; By Mr. KENNEDY (for himself and Mr. ation of research centers regarding en- Withdrawal of Final Rule with Comment Pe- CORZINE): vironmental factors that may be re- riod’’ (RIN0938–AL83) received on June 13, S. 2639. A bill to provide health benefits for lated to the etiology of breast cancer. workers and their families; to the Com- 2002; to the Committee on Finance. S. 999 EC–7535. A communication from the Regu- mittee on Health, Education, Labor, and lations Coordinator, Centers for Medicare Pensions. At the request of Mr. BINGAMAN, the and Medicaid Services, Department of By Mrs. FEINSTEIN: names of the Senator from West Vir- Health and Human Services, transmitting, S. 2640. A bill to provide for adequate ginia (Mr. ROCKEFELLER) and the Sen- pursuant to law, the report of a rule entitled school facilities in Yosemite National Park, ator from North Carolina (Mr. ED- ‘‘Medicaid Program; Medicaid Managed Care; and for other purposes; to the Committee on WARDS) were added as cosponsors of S. New Provisions’’ (RIN0938–AK96) received on Energy and Natural Resources. 999, a bill to amend title 10, United June 13, 2002; to the Committee on Finance. By Mrs. MURRAY (for herself, Mr. States Code, to provide for a Korea De- f BAUCUS, Ms. CANTWELL, Mr. DAYTON, and Mr. WELLSTONE): fense Service Medal to be issued to INTRODUCTION OF BILLS AND S. 2641. A bill to amend the Toxic Sub- members of the Armed Forces who par- JOINT RESOLUTIONS stances Control Act to reduce the health ticipated in operations in Korea after The following bills and joint resolu- risks posed by asbestos-containing products; the end of the Korean War. tions were introduced, read the first to the Committee on Environment and Pub- S. 1329 lic Works. At the request of Mr. JEFFORDS, the and second times by unanimous con- By Mr. NELSON of Florida (for him- sent, and referred as indicated: self, Mr. THOMAS, Mrs. FEINSTEIN, and names of the Senator from Georgia By Mr. BINGAMAN (for himself and Mr. BAYH): (Mr. MILLER) and the Senator from Mrs. MURRAY): S. 2642. A bill to require background California (Mrs. FEINSTEIN) were added S. 2631. A bill to amend the temporary as- checks of alien flight school applicants with- as cosponsors of S. 1329, a bill to amend sistance to needy families program under out regard to the maximum certificated the Internal Revenue Code of 1986 to part A of title IV of the Social Security Act weight of the aircraft for which they seek provide a tax incentive for land sales to provide grants for transitional jobs pro- training, and to require a report on the effec- for conservation purposes. grams, and for other purposes; to the Com- tiveness of the requirement; to the Com- mittee on Finance. mittee on Commerce, Science, and Transpor- S. 1339 By Mr. HARKIN: tation. At the request of Mr. CAMPBELL, the S. 2632. A bill to provide an equitable for- name of the Senator from Michigan mula for computing the annuities of sur- f (Ms. STABENOW) was added as a cospon- viving spouses of members of the uniformed SUBMISSION OF CONCURRENT AND sor of S. 1339, a bill to amend the Bring services who died entitled to retired or re- SENATE RESOLUTIONS tainer pay but before the Survivor Benefit Them Home Alive Act of 2000 to pro- Plan existed or applied to the members, and The following concurrent resolutions vide an asylum program with regard to for other purposes; to the Committee on and Senate resolutions were read, and American Persian Gulf War POW/MIAs, Armed Services. referred (or acted upon), as indicated: and for other purposes. By Mr. BIDEN (for himself and Mr. By Mr. LEVIN (for himself and Ms. S. 1655 RASSLEY G ): STABENOW): S. 2633. A bill to prohibit an individual At the request of Mr. BIDEN, the S. Res. 287. A resolution congratulating the from knowingly opening, maintaining, man- name of the Senator from Wisconsin Detroit Red Wings on winning the 2002 Na- aging, controlling, renting, leasing, making (Mr. KOHL) was added as a cosponsor of tional Hockey League Stanley Cup Cham- available for use, or profiting from any place pionship and again bringing the Cup home to S. 1655, a bill to amend title 18, United for the purpose of manufacturing, distrib- Hockeytown; considered and agreed to. States Code, to prohibit certain inter- uting, or using any controlled substance, and state conduct relating to exotic ani- f for other purpose; to the Committee on the mals. Judiciary. ADDITIONAL COSPONSORS By Mrs. CLINTON: S. 1738 S. 2634. A bill to establish within the Na- S. 677 At the request of Mr. KERRY, the tional Park Service the 225th Anniversary of At the request of Mr. HATCH, the name of the Senator from Missouri the American Revolution Commemorative names of the Senator from Montana (Mrs. CARNAHAN) was added as a co- Program, and for other purposes; to the (Mr. BURNS), the Senator from Hawaii sponsor of S. 1738, a bill to amend title Committee on the Judiciary. By Mrs. CLINTON: (Mr. INOUYE), and the Senator from XVIII of the Social Security Act to S. 2635. A bill to establish the Hudson-Ful- Ohio (Mr. DEWINE) were added as co- provide regulatory relief, appeals proc- ton-Champlain Commemoration Commis- sponsors of S. 677, a bill to amend the ess reforms, contracting flexibility,

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.031 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5697 and education improvements under the S. 2070 sor of S. 2250, a bill to amend title 10, medicare program, and for other pur- At the request of Mr. BINGAMAN, the United States Code, to reduce the age poses. names of the Senator from New Jersey for receipt of military retired pay for S. 1818 (Mr. CORZINE) and the Senator from nonregular service from 60 to 55. At the request of Mr. DURBIN, the Louisiana (Ms. LANDRIEU) were added S. 2268 name of the Senator from Minnesota as cosponsors of S. 2070, a bill to amend At the request of Mr. MILLER, the (Mr. DAYTON) was added as a cosponsor part A of title IV to exclude child care names of the Senator from New Hamp- of S. 1818, a bill to ensure that a Fed- from the determination of the 5-year shire (Mr. SMITH) and the Senator from eral employee who takes leave without limit on assistance under the tem- Utah (Mr. BENNETT) were added as co- pay in order to perform service as a porary assistance to needy families sponsors of S. 2268, a bill to amend the member of the uniformed services or program, and for other purposes. Act establishing the Department of member of the National Guard shall S. 2119 Commerce to protect manufacturers continue to receive pay and allowances At the request of Mr. GRASSLEY, the and sellers in the firearms and ammu- such individual is receiving for such name of the Senator from Arizona (Mr. nition industry from restrictions on service, will be no less than the basic MCCAIN) was added as a cosponsor of S. interstate or foreign commerce. pay such individual would then be re- 2119, a bill to amend the Internal Rev- S. 2489 ceiving if no interruption in employ- enue Code of 1986 to provide for the tax At the request of Mrs. CLINTON, the ment had occurred. treatment of inverted corporate enti- name of the Senator from Washington S. 1854 ties and of transactions with such enti- (Mrs. MURRAY) was added as a cospon- At the request of Mr. JOHNSON, the ties, and for other purposes. sor of S. 2489, a bill to amend the Pub- names of the Senator from South Da- S. 2134 lic Health Service Act to establish a kota (Mr. DASCHLE) and the Senator At the request of Mr. HARKIN, the program to assist family caregivers in from Iowa (Mr. HARKIN) were added as name of the Senator from Pennsyl- accessing affordable and high-quality cosponsors of S. 1854, a bill to authorize vania (Mr. SANTORUM) was added as a respite care, and for other purposes. the President to present congressional cosponsor of S. 2134, a bill to allow S. 2520 gold medals to the Native American American victims of state sponsored At the request of Mr. HATCH, the Code Talkers in recognition of their terrorism to receive compensation name of the Senator from Arkansas contributions to the Nation during from blocked assets of those states. (Mrs. LINCOLN) was added as a cospon- World War I and World War II. S. 2136 sor of S. 2520, a bill to amend title 18, S. 1867 At the request of Mr. SPECTER, the United States Code, with respect to the At the request of Mr. MCCAIN, the name of the Senator from California sexual exploitation of children. name of the Senator from Missouri (Mrs. FEINSTEIN) was added as a co- S. 2548 (Mrs. CARNAHAN) was added as a co- sponsor of S. 2136, a bill to establish a At the request of Mr. BINGAMAN, the sponsor of S. 1867, a bill to establish memorial in the State of Pennsylvania name of the Senator from Oregon (Mr. the National Commission on Terrorist to honor the passengers and crew- WYDEN) was added as a cosponsor of S. Attacks Upon the United States, and members of Flight 93 who, on Sep- 2548, a bill to amend the temporary as- for other purposes. tember 11, 2001, gave their lives to pre- sistance to needy families program S. 1917 vent a planned attack on the Capitol of under part A of title IV of the Social At the request of Mrs. MURRAY, her the United States. Security Act to improve the provision name was withdrawn as a cosponsor of S. 2181 of education and job training under S. 1917, a bill to provide for highway in- At the request of Mr. MCCAIN, the that program, and for other purposes. frastructure investment at the guaran- name of the Senator from Massachu- teed funding level contained in the S. 2552 setts (Mr. KERRY) was added as a co- Transportation Equity Act for the 21st At the request of Ms. SNOWE, the sponsor of S. 2181, a bill to review, re- Century. name of the Senator from Maine (Ms. form, and terminate unnecessary and OLLINS S. 1924 C ) was added as a cosponsor of S. inequitable Federal subsidies. 2552, a bill to amend part A of title IV At the request of Mr. SANTORUM, the name of the Senator from New Mexico S. 2184 of the Social Security Act to give At the request of Mr. BREAUX, the States the option to create a program (Mr. DOMENICI) was added as a cospon- sor of S. 1924, a bill to promote chari- names of the Senator from New Jersey that allows individuals receiving tem- table giving, and for other purposes. (Mr. TORRICELLI) and the Senator from porary assistance to needy families to Wisconsin (Mr. KOHL) were added as co- obtain post-secondary or longer dura- S. 1987 sponsors of S. 2184, a bill to provide for tion vocational education. At the request of Mr. SMITH of New the reissuance of a rule relating to Hampshire, the name of the Senator S. 2558 ergonomics. from South Dakota (Mr. DASCHLE) was At the request of Mr. REED, the name added as a cosponsor of S. 1987, a bill to S. 2221 of the Senator from New York (Mrs. provide for reform of the Corps of Engi- At the request of Mr. ROCKEFELLER, CLINTON) was added as a cosponsor of S. neers, and for other purposes. the names of the Senator from Rhode 2558, a bill to amend the Public Health S. 2047 Island (Mr. REED) and the Senator from Service Act to provide for the collec- At the request of Mr. BREAUX, the Minnesota (Mr. WELLSTONE) were added tion of data on benign brain-related tu- name of the Senator from Tennessee as cosponsors of S. 2221, a bill to tem- mors through the national program of (Mr. FRIST) was added as a cosponsor of porarily increase the Federal medical cancer registries. S. 2047, a bill to amend the Internal assistance percentage for the medicaid S. 2570 Revenue Code of 1986 to allow distilled program. At the request of Ms. COLLINS, the spirits wholesalers a credit against in- S. 2246 name of the Senator from Maine (Ms. come tax for their cost of carrying Fed- At the request of Mr. DODD, the name SNOWE) was added as a cosponsor of S. eral excise taxes prior to the sale of the of the Senator from Minnesota (Mr. 2570, a bill to temporarily increase the product bearing the tax. WELLSTONE) was added as a cosponsor Federal medical assistance percentage S. 2051 of S. 2246, a bill to improve access to for the medicaid program, and for At the request of Mr. REID, the name printed instructional materials used by other purposes. of the Senator from Arkansas (Mrs. blind or other persons with print dis- S. 2600 LINCOLN) was added as a cosponsor of S. abilities in elementary and secondary At the request of Mr. DODD, the name 2051, a bill to remove a condition pre- schools, and for other purposes. of the Senator from Maryland (Ms. MI- venting authority for concurrent re- S. 2250 KULSKI) was added as a cosponsor of S. ceipt of military retired pay and vet- At the request of Mr. CORZINE, the 2600, a bill to ensure the continued fi- erans’ disability compensation from name of the Senator from Michigan nancial capacity of insurers to provide taking affect, and for other purposes. (Ms. STABENOW) was added as a cospon- coverage for risks from terrorism.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.040 pfrm01 PsN: S18PT1 S5698 CONGRESSIONAL RECORD — SENATE June 18, 2002 S. 2609 pendence of the Philippines. Between Scout veterans. All these measures will At the request of Mr. LEAHY, the 1934 and final independence in 1946, the assist Filipino veterans in their twi- name of the Senator from Utah (Mr. United States retained certain powers light years, and the bill is fully sup- BENNETT) was added as a cosponsor of over the Philippines, including the ported by the Department of Veterans S. 2609, a bill to require the Federal right to call all military forces orga- Affairs. Trade Commission to promulgate a nized by the newly-formed Common- Throughout the years, I have spon- rule to establish requirements with re- wealth government into the service of sored several measures to rectify the spect to the release of prescriptions for the United States Armed Forces. lack of appreciation America has contact lenses. The Commonwealth Army of the shown to those gallant men and women S.J. RES. 37 Philippines was called to serve with who stood in harm’s way with our the United States Armed Forces in the At the request of Mr. WELLSTONE, the American soldiers and fought the com- name of the Senator from Mississippi Far East during World War II under mon enemy during World War II. It is President Roosevelt’s July 26, 1941 (Mr. COCHRAN) was added as a cospon- time that we, as a Nation, recognize sor of S.J. Res. 37, a joint resolution military order. The Filipinos who our long-standing history and friend- providing for congressional disapproval served were entitled to full veterans’ ship with the Philippines. The legisla- under chapter 8 of title 5, United benefits by reason of their active serv- tion I introduce today will remove the States Code, of the rule submitted by ice with our armed forces. Hundreds burden of health care and burial costs Centers for Medicare & Medicaid Serv- were wounded in battle and many hun- for a very deserving group of highly ices within the Department of Health dreds died in battle. Shortly after Ja- decorated individuals: members of the and Human Services relating to modi- pan’s surrender, the Congress also en- Filipino Commonwealth Army and new fication of the medicaid upper payment acted the Armed Forces Voluntary Re- Philippine Scouts who valiantly fought limit for non-State government owned cruitment Act of 1945 for the purpose of with the Allied forces in the Second or operated hospitals published in the sending Filipino troops to occupy World War. These groups have been ne- Federal Register on January 18, 2002, enemy lands, and to oversee military glected by the United States Congress. and submitted to the Senate on March installations at various overseas loca- Heroes should never be forgotten or 15, 2002. tions. These troops were authorized to ignored; let us not turn our backs on receive pay and allowances for services those who sacrificed so much. Let us S. RES. 270 performed throughout the Western Pa- now work to repay all of these brave At the request of Mr. CAMPBELL, the cific. Although hostilities had ceased, men and women for their sacrifices by names of the Senator from Alaska (Mr. wartime service of these troops contin- providing them the veterans’ benefits MURKOWSKI) and the Senator from ued as a matter of law until the end of they deserve. I urge my colleagues to South Dakota (Mr. JOHNSON) were 1946. support this measure. added as cosponsors of S. Res. 270, a Despite all of their sacrifices, on Feb- I ask unanimous consent that the resolution designating the week of Oc- ruary 18, 1946, the Congress enacted the text of this bill be printed in the tober 13, 2002, through October 19, 2002, Rescission Act of 1946, now codified as RECORD. as ‘‘National Cystic Fibrosis Awareness Section 107 of Title 38 of the United There being no objection, the bill was Week.’’ States Code. The 1946 Act deemed that ordered to be printed in the RECORD, as S. CON. RES. 110 the service performed by these Filipino follows: At the request of Mrs. FEINSTEIN, the veterans would not be recognized as S. 2630 names of the Senator from Delaware ‘‘active service’’ for the purpose of any Be it enacted by the Senate and House of Rep- (Mr. CARPER) and the Senator from U.S. law conferring ‘‘rights, privileges, resentatives of the United States of America in Michigan (Mr. LEVIN) were added as co- or benefits.’’ Accordingly, Section 107 Congress assembled, sponsors of S. Con. Res. 110, a concur- denied Filipino veterans access to SECTION 1. SHORT TITLE. rent resolution honoring the heroism health care, particularly for non-serv- This Act may be cited as the ‘‘Health Care and courage displayed by airline flight ice-connected disabilities, and pension for Filipino World War II Veterans Act’’. attendants on a daily basis. benefits. Section 107 also limited serv- SEC. 2. ELIGIBILITY FOR HEALTH CARE OF CER- TAIN ADDITIONAL FILIPINO WORLD f ice-connected disability and death WAR II VETERANS RESIDING IN THE compensation to 50 percent of what is UNITED STATES. STATEMENTS ON INTRODUCED received by their American counter- The text of section 1734 of title 38, United BILLS AND JOINT RESOLU- parts. States Code, is amended to read as follows: TIONS—JUNE 17, 2002 On May 27, 1946, the Congress enacted ‘‘(a) The Secretary shall furnish hospital By Mr. INOUYE. the Second Supplemental Surplus Ap- and nursing home care and medical services S. 2630. A bill to amend title 38, to any individual described in subsection (b) propriations Rescission Act, which du- in the same manner, and subject to the same United States Code, to improve bene- plicated the language that had elimi- terms and conditions, as apply to the fur- fits for Filipino veterans of World War nated Filipino veterans’ benefits under nishing of such care and services to individ- II and surviving spouses of such vet- the First Rescission Act. Thus, Fili- uals who are veterans as defined in section erans, and for other purposes; to the pino veterans who fought in the service 101(2) of this title. Any disability of an indi- Committee on Veterans’ Affairs. of the United States during World War vidual described in subsection (b) that is a Mr. INOUYE. Mr. President, today I II have been precluded from receiving service-connected disability for purposes of rise to introduce legislation that would most of the veterans’ benefits that had this subchapter (as provided for under sec- amend Title 38 of the United States tion 1735(2) of this title) shall be considered been available to them before 1946, and to be a service-connected disability for pur- Code to provide health care and burial that are available to all other veterans poses of furnishing care and services under benefits to all Filipino veterans of of our armed forces regardless of race, the preceding sentence. World War II and their spouses who re- national origin, or citizenship status. ‘‘(b) Subsection (a) applies to any indi- side in the United States. The Health Care for Filipino World vidual who is a Commonwealth Army vet- Many of you are aware of my contin- War II Veterans Act includes four pro- eran or new Philippine Scout and who— ued advocacy on the importance of ad- visions: health care and nursing home ‘‘(1) is residing in the United States; and dressing the plight of Filipino World care access for Filipino veterans resid- ‘‘(2) is a citizen of the United States or an alien lawfully admitted to the United States War II veterans. As an American, I be- ing in the United States; dependency for permanent residence.’’. lieve the treatment of Filipino World and indemnity compensation for sur- SEC. 3. RATE OF PAYMENT OF DEPENDENCY AND War II veterans is bleak and shameful. viving spouses of certain Filipino vet- INDEMNITY COMPENSATION FOR The Philippines became a United erans, provided the surviving spouse SURVIVING SPOUSES OF CERTAIN States possession in 1898, when it was lives in the United States; an increase FILIPINO VETERANS. ceded from Spain following the Span- in the payment amount from 50 to 100 (a) RATE OF PAYMENT.—Subsection (c) of section 107 of title 38, United States Code, is ish-American War. In 1934, the Con- percent for service-connected disability amended by inserting ‘‘, and under chapter 13 gress enacted the Philippine Independ- compensation for new Philippine Scout of this title,’’ after ‘‘chapter 11 of this title’’. ence Act, Public Law 73–127, which pro- veterans residing in the United States (b) EFFECTIVE DATE.—The amendment vided a 10-year time frame for the inde- and burial benefits for new Philippine made by subsection (a) shall take effect on

VerDate 11-MAY-2000 04:48 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.040 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5699 the date of enactment of this Act and shall cipients, vocational training and post- ticipants find stable, permanent em- apply to benefits paid for months beginning secondary education led to work and, ployment. on or after that date. through substantial increases in earn- Additional support for transitional SEC. 4. RATE OF PAYMENT OF COMPENSATION ings and job quality, long-term finan- jobs programs is needed. The TANF BENEFITS FOR NEW PHILIPPINE and Welfare-to-Work block grants have SCOUTS RESIDING IN THE UNITED cial independence. This is important STATES. because although many have left wel- been the principal sources of funding (a) RATE OF PAYMENT.—Section 107 of title fare for work during the past several for Transitional Jobs programs. Wel- 38, United States Code, as amended by sec- years, many have returned or live in fare-to-Work funds have been ex- tion 3(a), is further amended— poverty dependent on other govern- hausted in many parts of the country (1) in the second sentence of subsection (b), ment supports because they are work- and must be spend completely during by striking ‘‘Payments’’ and inserting ‘‘Ex- ing at low wages with limited benefits. the next year or two. In addition, with cept as provided in subsection (c) or (d), pay- In addition, many with multiple bar- an ever growing competition for TANF ments’’; and funds in a period of rising caseloads (2) in subsection (c)— riers remain on the rolls. As we move (A) by inserting ‘‘or (b)’’ after ‘‘subsection forward with the reauthorization proc- and declining State revenues, it will be (a)’’ the first place it appears; and ess, we must do more to support state increasingly difficult to fund transi- (B) by striking ‘‘subsection (a)’’ the second efforts to help these people find work tional jobs programs solely with TANF place it appears and inserting ‘‘the applica- and to ensure that all individuals leav- funds. ble subsection’’. ing welfare are moving to employment I believe that transitional job pro- (b) EFFECTIVE DATE.—The amendments that will provide long-term financial grams are good investments because made by subsection (a) shall take effect on independence. The STEP Act and the they serve as stepping stones to perma- the date of the enactment of this Act and Education Works Act will do just that. nent employment and decrease govern- shall apply to benefits paid for months be- ment expenditures on health care, food ginning on or after that date. The Education Works Act deals with increasing state flexibility to deter- stamps, and cash assistance. Transi- SEC. 5. BURIAL BENEFITS FOR NEW PHILIPPINE tional jobs programs can be particu- SCOUTS. mine the right mix of work with edu- larly important in economically de- (a) BENEFIT ELIGIBILITY.—Subsection (b)(2) cation and training. The STEP Act of section 107 of title 38, United States Code, provides resources to States seeking to pressed and rural areas because they is amended— implement effective programs that increase work opportunities for hard- to-employ individuals, they reduce (1) by striking ‘‘and’’; and combine work with education and pressure on local emergency systems (2) by inserting ‘‘, 23, and 24 (to the extent training. One of the most effective provided for in section 2402(8) of this title)’’ and, they provide income that stimu- types of these programs, particularly after ‘‘1312(a))’’. lates local economies. (b) BENEFIT RATE FOR CERTAIN PERSONS IN for the most difficult to serve TANF Our legislation also supports ‘‘busi- THE UNITED STATES.—Subsection (d) of such recipients, are transitional job pro- ness link’’ programs that provide indi- section is amended— grams. Transitional job programs pro- viduals with fewer barriers or individ- (1) in paragraph (1), by inserting ‘‘or sub- vide subsidized, temporary, wage-pay- uals who have only been able to access section (b), as the case may be,’’ after ‘‘sub- ing jobs for 20 to 35 hours per week, very low wage employment with inten- section (a)’’; and along with access to job readiness, (2) in paragraph (2), by inserting ‘‘, or sive training and skill development ac- whose service is described in subsection (b) basic education, vocational skills, and tivities designed to lead to long-term, and who dies on or after the date of the en- other barrier-removal services based on higher paid employment. These pro- actment of the Health Care for Filipino individualized plans. The STEP Act grams are based on partnerships with World War II Veterans Act’’ in the matter would provide states with funding to the private sector. preceding subparagraph (A) after ‘‘this sub- implementing these programs and In my home State, just such a pro- section’’. other training and support programs. gram is producing great results, the (c) CONFORMING AMENDMENT.—Section Existing transitional job programs Teamworks program. Teamworks pro- 2402(8) of such title is amended by inserting are achieving great outcomes. A Math- vides training in life skills, as well as ‘‘or 107(b)’’ after ‘‘107(a)’’. ematical study released last month employment skills, during a 12 week (d) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with re- demonstrated that between 81 to 94 course. The program also provides nec- spect to deaths occurring on or after the percent of those who had completed essary supports to participants such as date of enactment of this Act. transitional job programs move on to childcare and transportation. Team- f unsubsidized jobs with wages. Most of works assists participants in their job these participants moved into full-time search and provides ongoing support STATEMENTS ON INTRODUCED employment, median hours worked was for 18 months after job placement. The BILLS AND JOINT RESOLU- 40 hours. Another survey revealed that results are impressive. The average TIONS—JUNE 18, 2002 transitional jobs program completers wage of those completing the program By Mr. BINGAMAN (for himself reported average wages at placement is $1.50 per hour higher than other pro- and Mrs. MURRAY): into unsubsidized employment between grams and job retention rates are 20 S. 2631. A bill to amend the tem- $7 and $10 per hour. percent higher. This experience is not porary assistance to needy families Transitional jobs programs can be unique. Welfare programs that combine program under part A of title IV of the particularly effective with the hardest work with education and training with Social Security Act to provide grants to serve welfare recipients. Transi- support services are more likely to re- for transitional jobs programs, and for tional jobs program often focus pri- sult in work leads to self-sufficiency. other purposes; to the Committee on marily on welfare recipients who have The legislation that I am introducing Finance. participated in welfare employment today will give States the tools to im- Mr. BINGAMAN. Madam President, I and training programs without success- plement what works. I urge my col- rise today to introduce the STEP Act fully finding steady employment. The leagues to join me in supporting both on behalf of myself and Senator MUR- reasons for their inability to find and the STEP Act and the Education RAY. sustain meaningful employment are Works Act. I as unanimous consent This bill is a companion to the Edu- complex and varied. For people who that the text of the bill be printed in cation Works Act, which I introduced a face barriers, or who lack the skills or the RECORD. couple of weeks ago. Both bills address experience to compete successfully in There being no objection, the bill was the same issue, the need to support the labor market, paid work in a sup- ordered to be printed in the RECORD, as state efforts to use welfare to work portive environment, together with ac- follows: strategies that combine work with a cess to needed services provides a real S. 2631 flexibility mix of education, training, chance to move forward. While more Be it enacted by the Senate and House of Rep- and other supports. Study after study expensive than other work first strate- resentatives of the United States of America in Congress assembled, has demonstrated that states that use gies, transitional jobs programs are SECTION 1. SHORT TITLE. a combination of activities to help able to do what their cheaper and less This Act may be cited as the ‘‘Support, families move from welfare to work are intensive counterparts have not, help Training, Employment Programs Act of more successful. For many welfare re- the most difficult to serve TANF par- 2002’’ or the ‘‘STEP Act of 2002’’.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.041 pfrm01 PsN: S18PT1 S5700 CONGRESSIONAL RECORD — SENATE June 18, 2002 SEC. 2. TRANSITIONAL JOBS GRANTS. ‘‘(ii) The State has agreed to negotiate in worksite employers, administration, or for Section 403(a) of the Social Security Act good faith with the Secretary of Health and other purposes consistent with this para- (42 U.S.C. 603(a)) is amended by adding at the Human Services with respect to the sub- graph. end the following: stance and funding of any evaluations and to ‘‘(II) ELIGIBLE APPLICANTS.—As used in sub- ‘‘(6) TRANSITIONAL JOBS GRANTS.— cooperate with the conduct of any such eval- clause (I), the term ‘eligible applicant’ ‘‘(A) PURPOSE.—The purpose of this para- uations. means a political subdivision of a State, a graph is to provide funding so that States ‘‘(D) ALLOTMENTS TO STATES.— local workforce investment board estab- and localities can create and expand transi- ‘‘(i) IN GENERAL.—Subject to clauses (ii) lished under section 117 of the Workforce In- tional jobs programs that— and (iii), the amount of the allotment for a vestment Act of 1998 (29 U.S.C. 2832), an In- ‘‘(i) combine time-limited employment transitional jobs State for a fiscal year shall dian tribe, or a private entity. that is subsidized with public funds, with be the available amount for the fiscal year ‘‘(E) LIMITATIONS ON USE OF FUNDS.— skill development and barrier removal ac- multiplied by the State percentage for the ‘‘(i) ALLOWABLE ACTIVITIES.—An entity to tivities, pursuant to an individualized plan; fiscal year. which funds are provided under subparagraph ‘‘(ii) provide job development and place- ‘‘(ii) MINIMUM ALLOTMENT.—The amount of (D)(vii) shall use the funds to operate transi- ment assistance to individual participants to the allotment for a transitional jobs State tional jobs programs consistent with the fol- help them move from subsidized employment (other than Guam, the Virgin Islands, or lowing: in transitional jobs into unsubsidized em- American Samoa) for a fiscal year shall not ‘‘(I) An entity which secures a grant to op- ployment, as well as retention services after be less than 0.4 percent of the available erate a transitional jobs program (in this the transition to unsubsidized employment; amount for the fiscal year. subparagraph referred to as a ‘program oper- and ‘‘(iii) PRO RATA REDUCTION.—Subject to ator’), under this paragraph shall place eligi- ‘‘(iii) serve recipients of assistance under clause (ii), the Secretary of Labor shall ble individuals in temporary, publicly sub- the State program funded under this part make pro rata reductions in the allotments sidized jobs. Individuals placed in such posi- and other low-income individuals who have to States under this subparagraph for a fis- tions shall perform work directly for the pro- been unable to secure employment through cal year as necessary to ensure that the gram operator, or at other public and non- job search or other employment-related serv- total amount of the allotments does not ex- profit organizations (in this subparagraph re- ices because of limited skills, experience, or ceed the available amount for the fiscal ferred to as ‘worksite employers’) within the other barriers to employment. year. community. Funds provided under subpara- ‘‘(B) AUTHORITY TO MAKE GRANTS.—Each ‘‘(iv) AVAILABLE AMOUNT.—As used in this graph (D) shall be used to subsidize 100 per- transitional jobs State (as determined under subparagraph, the term ‘available amount’ cent of the wages paid to participants as well subparagraph (C)) shall receive a grant under means, for a fiscal year, 80 percent of the as employer-paid payroll costs for such par- this paragraph for each fiscal year specified sum of— ticipants, except as provided in clause (v) re- in subparagraph (K) for which the State is a ‘‘(I) the amount specified in subparagraph garding placements in the private, for-profit transitional jobs State, in an amount equal (K) for the fiscal year; sector. to the allotment for the State as specified ‘‘(II) any funds available under this sub- ‘‘(II) Transitional jobs programs shall pro- under subparagraph (D) for the fiscal year. paragraph that have not been allotted due to vide paid employment for not less than 30, ‘‘(C) TRANSITIONAL JOBS STATE.—A State a determination by the Secretary that any nor more than 40 hours per week, except that shall be considered a transitional jobs State State has not met the requirements of sub- a parent with a child under the age of 6, a for a fiscal year for purposes of this para- paragraph (C); and child who is disabled, or a child with other graph if the Secretary of Labor determines ‘‘(III) any available amount for the imme- special needs, or an individual who for other that the State meets the following require- diately preceding fiscal year that has not reasons cannot successfully participate for 30 ments: been obligated by the State. to 40 hours per week, may, at State discre- ‘‘(i) The State has submitted to the Sec- ‘‘(v) STATE PERCENTAGE.—As used in this tion, be allowed to participate for more lim- retary of Labor and the Secretary of Health subparagraph, the term ‘State percentage’ ited hours, but not less than 20 hours per and Human Services (in the form of an ad- means, with respect to a fiscal year and a week. dendum to the State plan submitted under State, 1⁄2 of the sum of— ‘‘(III) Program operators shall— section 402) a plan which is approved by the ‘‘(I) the percentage represented by the ‘‘(aa) develop an individual plan for each Secretary of Labor based on the plan’s com- number of individuals in the State whose in- participant, the goal of which shall focus on pliance with the following requirements: come is less than the poverty line divided by preparation for unsubsidized jobs in demand ‘‘(I) The plan describes how, consistent the number of such individuals in the United in the local economy which offer the poten- with this paragraph, the State will use any States; and tial for advancement and growth; funds provided under this paragraph during ‘‘(II) the percentage represented by the ‘‘(bb) develop transitional work place- the fiscal year. number of adults who are recipients of as- ments for participants that will best prepare ‘‘(II) The plan contains evidence that the sistance under the State program funded them for jobs in demand in the local econ- plan was developed in consultation and co- under this part divided by the number of omy that offer the potential for wage growth ordination with appropriate entities includ- adults in the United States who are recipi- and advancement; and ing employers, labor organizations, and com- ents of assistance under any State program ‘‘(cc) provide case management services munity-based organizations that work with funded under this part. and ensure that appropriate education, low-income families, and includes a certifi- ‘‘(vi) ADMINISTRATION OF FUNDS.— training, and other services are available to cation as required under section 402(a)(4) ‘‘(I) IN GENERAL.—Subject to subclause (II), participants consistent with each partici- with regard to the transitional jobs services funds made available to a State under this pant’s individual plan. that the State proposes to provide. paragraph shall be administered by an agen- ‘‘(IV) Program operators shall provide job ‘‘(III) The plan specifies the criteria that cy or agencies, as determined by the chief placement assistance to help participants will be used to select entities who will re- executive officer of the State, which may in- obtain unsubsidized employment, and shall ceive funding to operate transitional jobs clude the agency that administers the State provide retention services for 12 months programs. program funded under this part, the State after entry into unsubsidized employment. ‘‘(IV) The plan describes specifically how board designated to administer the Work- ‘‘(V) In any work week in which a partici- the State will address the needs of rural force Investment Act of 1998 (29 U.S.C. 2801 et pant is employed at least 30 hours, a min- areas, Indian tribes, and cities with large seq.) in the State, or any other appropriate imum of 20 percent of scheduled hours and a concentrations of residents with an income agency. maximum of 50 percent of scheduled hours, that is less than the poverty line, or who are ‘‘(II) COORDINATION WITH TANF AGENCY.—If shall involve participation in education or unemployed. an agency other than the State agency that training activities designed to improve the ‘‘(V) The plan describes how the State will administers the State program funded under participant’s employability and potential ensure that a grantee to which information this part administers funds made available earnings, or other services designed to re- is disclosed pursuant to this paragraph or to a State under this paragraph, that agency duce or eliminate any barriers that may im- section 454A(f)(5) has procedures for safe- shall coordinate the planning and adminis- pede the participant’s ability to secure un- guarding the information and for ensuring tration of such funds with the State agency subsidized employment. that the information is used solely for the that administers the State program funded ‘‘(VI) The maximum duration of any place- purpose described in this paragraph or that under this part. ment in a transitional jobs program shall section. ‘‘(vii) DISTRIBUTION OF FUNDS WITHIN not be less than 6 months, nor more than 24 ‘‘(VI) The plan describes categories of jobs STATES.— months. Nothing in this subclause shall be that are in demand in various areas of the ‘‘(I) IN GENERAL.—A State to which a grant construed to bar a participant from moving State and which offer the opportunity for ad- is made under this paragraph shall allocate into unsubsidized employment at a point vancement to better jobs. The plan also shall not less than 90 percent of the amount of the prior to the maximum duration of the pro- provide assurances that the ability of organi- grant to eligible applicants for the operation gram. States may approve programs of vary- zations seeking to operate transitional jobs of transitional jobs programs consistent with ing durations consistent with this subclause. programs to best prepare participants for subparagraph (E). Any funds not used for ‘‘(VII) Participants shall be paid at the those jobs will be given weight in the selec- such operation may be used to provide tech- rate paid to unsubsidized employees of the tion of program operators. nical assistance to program operators and worksite employer, (or program operator

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where work is performed directly for the pro- pant to become proficient in the perform- ‘‘(ii) STATE OPTION TO FURTHER LIMIT ELIGI- gram operator,) who perform comparable ance of the tasks of the job for which the BILITY.—A State may further limit the eligi- work at the worksite where the individual is participant is employed. bility of noncustodial parents to those non- placed. If no other employees perform the ‘‘(VI) Transitional jobs participants shall custodial parents for whom at least 1 of the same or comparable work then wages shall only be placed with private, for-profit enti- following applies to a minor child of the non- be set, at a minimum, at 50 percent of the ties in which the participants will have the custodial parent: Lower Living Standard Income Level (in this opportunity for permanent, unsubsidized em- ‘‘(I) The minor child is eligible for, or is re- subparagraph referred to as the ‘LLSIL’), as ployment in positions where they will learn ceiving, assistance under the State program specified in section 101(24) of the Workforce skills that provide a clear pathway to higher funded under this part. Investment Act of 1998, for family of 3 based paying jobs. ‘‘(II) The minor child received assistance on 35 hours per week. ‘‘(VII) At the time a transitional jobs under the program funded under this part in ‘‘(VIII) Participants shall receive super- placement is made, the entity shall agree in the 12-month period preceding the date of vision from the worksite employer or pro- writing— the determination but no longer receives gram operator consistent with the goal of ‘‘(aa) to hire the participant into an unsub- such assistance. addressing the limited work experience and sidized position at the completion of the ‘‘(III) The minor child is eligible for, or is skills of program participants. agreed upon subsidized placement, or sooner, receiving, assistance under the Food Stamp ‘‘(ii) CONSULTATION.—An application sub- provided that the transitional jobs partici- Act of 1977, benefits under the supplemental mitted by an entity seeking to become a pro- pant’s job performance has been satisfactory; security income program under title XVI of gram operator shall include an assurance by and this Act, medical assistance under title XIX the applicant that the transitional jobs pro- ‘‘(bb) to provide the participant with ac- of this Act, or child health assistance under gram carried out by the applicant shall— cess to employee benefits that would be title XXI of this Act. ‘‘(I) provide in the design, recruitment, and available to an individual in an unsubsidized ‘‘(iii) CONSULTATION.—A transitional jobs operation of the program for broad-based position of the employer within 12 months of program that provides services to non-custo- input from the community served and poten- the participant’s initial placement in the dial parents shall consult with the State tial participants in the program and commu- subsidized position. child support program funded under part D nity-based agencies with a demonstrated ‘‘(vi) EXCEPTION TO 20 PERCENT LIMITATION so that child support services are coordi- record of experience in providing services, ON PRIVATE SECTOR PLACEMENTS.— nated with transitional jobs program serv- prospective worksite employers, local labor ‘‘(I) IN GENERAL.—A State may exceed the organizations representing employees of pro- 20 percent limitation under clause (v)(I) if ices. 1 spective worksite employers, if these enti- necessary because of the limited number of ‘‘(iv) LIMITATION.—Not more than ⁄3 of all ties exist in the area to be served by the pro- placement opportunities in public and non- participants in a transitional jobs program gram, and employers, and membership-based profit organizations in rural areas of the within a State during a fiscal year shall be groups that represent low-income individ- State, but only if the State includes in its individuals who have attained at least age 18 uals; and plan a request to exceed such limitation and with income below 100 percent of the poverty ‘‘(II) prior to the placement of partici- provides specific information describing why line (as defined in section 673(2) of the Omni- pants, consult with the appropriate local private placements in excess of the 20 per- bus Budget Reconciliation Act of 1981, in- labor organization, if any, representing em- cent limitation are necessary, including a cluding any revision required by such sec- ployees in the area who are engaged in the specification of the rural areas in the State tion, applicable to a family of the size in- same or similar as that proposed to be car- in which insufficient nonprofit or public sec- volved) who are not eligible under clause (i). ried out by such program to ensure compli- tor placements are available and the pro- ‘‘(v) METHODOLOGY.—A State may use any ance with the nondisplacement requirements jected distribution of private sector place- reasonable methodology in calculating specified in subparagraph (L). ments throughout the State. whether a participant satisfies the require- 2 ‘‘(iii) ELIGIBILITY FOR OTHER WORK SUP- ‘‘(II) CONSIDERATION OF REQUESTS.—The ments of clause (i), make up ⁄3 or more of all PORTS.—Participants shall be eligible for Secretary shall by regulation develop proce- participants, and whether participants satis- subsidized child care, transportation assist- dures for the prompt consideration and reso- fying the requirements of clause (iv) make ance, and other needed support services on lution of requests by a State to exceed the 20 up not more than 1⁄3 of all participants in a the same basis as other recipients of cash as- percent limitation under clause (v)(I). fiscal year. sistance under the State program funded ‘‘(III) LIMITATION REMAINS IN NON-DES- ‘‘(vi) AUTHORITY TO PROVIDE WORK-RELATED under this part. IGNATED AREAS.—If a request to exceed such SERVICES TO INDIVIDUALS WHO HAVE REACHED ‘‘(iv) WAGES NOT CONSIDERED ASSISTANCE.— 20 percent limitation is approved, the 20 per- THE 5 YEAR LIMIT.—A program operator under Wages paid to program participants shall not cent limitation shall not apply in those this paragraph may use the funds to provide be considered to be assistance for purposes of areas of the State that have been designated transitional job program participation to in- section 408(a)(7). to exceed such limit, but shall continue to dividuals who, but for section 408(a)(7), would ‘‘(v) PRIVATE SECTOR PLACEMENTS.—Place- apply in those areas of the State not so des- be eligible for assistance under the program ments of participants with private, for-profit ignated. funded under this part of the State in which entities shall be permitted only under the ‘‘(IV) INCLUSION OF INFORMATION IN ANNUAL the entity is located. following conditions: REPORT.—With respect to any year in which ‘‘(G) RELATIONSHIP TO OTHER PROVISIONS OF ‘‘(I) Except as provided in clause (vi), not the Secretary authorizes the State to exceed THIS PART; ADMINISTRATIVE PROVISIONS.— more than 20 percent of the total number of such 20 percent limitation, a State shall re- ‘‘(i) RULES GOVERNING USE OF FUNDS.—The participants in transitional jobs in a State port on the number and geographic location provisions of section 404, other than sub- at any time may be placed at worksite em- of private sector slots used during the year section (f) of section 404, shall not apply to a ployers which are private, for-profit compa- in addition to the information required to be grant made under this paragraph. nies. reported by the State under clauses (vii) and ‘‘(ii) WORK PARTICIPATION REQUIREMENTS.— ‘‘(II) When placements are made at private, (viii) of subparagraph (G) . With respect to any month in which a recipi- for-profit, entities the entity shall pay for at ‘‘(F) GENERAL ELIGIBILITY.— ent of assistance under a State or tribal pro- least 50 percent of programs costs (including ‘‘(i) IN GENERAL.—Not less than 2⁄3 of the gram funded under this part satisfactorily wages) for each participant. participants in a transitional jobs program participates in a transitional jobs program ‘‘(III) Not more than 5 percent of a private, within a State during a fiscal year shall be funded under a grant made under this para- for-profit entity’s workforce may be com- individuals who are, at the time they enter graph, such participation shall be considered posed of transitional jobs programs sub- the program— to satisfy the work participation require- sidized participants at any point in time, and ‘‘(I) receiving assistance under the State ments of section 407 and included for pur- no supervisor at the entity shall have the re- program funded under this part; poses of determining monthly participation sponsibility for supervising more than one ‘‘(II) not receiving assistance under the rates under subsection (b)(1)(B)(i) of that transitional job program participant. State program funded under this part, but section. ‘‘(IV) A private, for-profit entity shall not who are unemployed, and who were recipi- ‘‘(iii) ADMINISTRATION.—Section 416 shall be allowed to participate as a worksite em- ents of assistance under a State program not apply to the programs under this para- ployer or program operator if the entity has funded under this part within the imme- graph. previously exhibited a pattern of failing to diately preceding 12-month period; ‘‘(iv) PROHIBITION AGAINST USE OF GRANT provide transitional jobs participants with ‘‘(III) custodial parents of a minor child FUNDS FOR ANY OTHER FUND MATCHING RE- continued, unsubsidized employment with who meet the financial eligibility criteria QUIREMENT.—An entity to which funds are wages, benefits, and working conditions, for assistance under the State program fund- provided under this paragraph shall not use that are equal to those provided to other un- ed under this part; or any part of the funds to fulfill any obligation subsidized employees who have worked a ‘‘(IV) noncustodial parents with income of any State or political subdivision under similar length of time and are doing similar below 100 percent of the poverty line (as de- subsection (b) or section 418 or any other work. fined in section 673(2) of the Omnibus Budget provision of this Act or other Federal law. ‘‘(V) The duration of any subsidized place- Reconciliation Act of 1981, including any re- ‘‘(v) DEADLINE FOR EXPENDITURE.—An enti- ment under this clause shall be limited to vision required by such section, applicable to ty to which funds are provided under this the period of time required for the partici- a family of the size involved). paragraph shall remit to the Secretary of

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Labor any part of the funds that are not ex- ‘‘(ii) ELIGIBLE APPLICANTS.—In this sub- ‘‘(bb) DUTIES FORMERLY PERFORMED BY AN- pended within 3 years after the date on paragraph, the term ‘eligible applicant’ OTHER EMPLOYEE.—A participant in any tran- which the funds are so provided. means a local workforce investment board sitional job program that receives funds ‘‘(vi) REGULATIONS.—Within 90 days after established under section 117 of the Work- under a grant made under this paragraph the date of the enactment of this paragraph, force Investment Act of 1998 (29 U.S.C. 2832), shall not perform services or duties that are the Secretary of Labor, alter consultation a political subdivision of a State, or a pri- services, duties, or activities with respect to with the Secretary of Health and Human vate entity which an individual has recall rights pursu- Services, shall prescribe such regulations as ‘‘(iii) FUNDING.—For grants under this sub- ant to a collective bargaining agreement or may be necessary to implement this para- paragraph for each fiscal year specified in applicable personnel procedures, or which graph. clause (i), there shall be available to the Sec- had been performed by or were assigned to ‘‘(vii) REPORTING REQUIREMENTS.—The Sec- retary of Labor an amount equal to 13.5 per- any employee who recently resigned or was retary of Labor, in consultation with the cent of the sum of— discharged, any employee who is subject to a Secretary of Health and Human Services, ‘‘(I) the amount specified in subparagraph reduction in force, any employee who is on shall establish requirements for the collec- (K) for the fiscal year; leave (terminal, temporary, vacation, emer- tion and maintenance of financial and par- ‘‘(II) any amount available for the imme- gency, or sick), or any employee who is on ticipant information and the reporting of diately preceding fiscal year that has not such information by entities carrying out ac- strike or who is being locked out. been obligated by a State; and ‘‘(iii) CONCURRENCE OF LOCAL LABOR ORGA- tivities under this paragraph. Such reporting ‘‘(III) any funds available under this para- requirements shall include, at a minimum, NIZATION.—No work assignment under a tran- graph that have not been allotted due to a that States report disaggregated data on in- sitional job program that receives funds determination by the Secretary of Labor dividual participants that include the fol- under a grant made under this paragraph that the State has not qualified as a transi- lowing: shall be made until the program operator has tional jobs State. ‘‘(I) Demographic information about the obtained the written concurrence of any ‘‘(I) FUNDING FOR INDIAN TRIBES.—5 percent participant including education level, lit- local labor organization representing em- of the amount specified in subparagraph (K) eracy level, and prior work experience. ployees who are engaged in the same or sub- for each fiscal year shall be reserved for ‘‘(II) Identity of the program operator that stantially similar work as that proposed to provides or provided services to the partici- grants to Indian tribes under subparagraph be carried out for the program operator or pant, and the duration of participation. (P). worksite employer with whom a participant ‘‘(III) The nature of education, training or ‘‘(J) FUNDING FOR EVALUATIONS OF TRANSI- is placed. other services received by the participant. TIONAL JOBS PROGRAMS.—1.5 percent of the ‘‘(iv) APPLICATION OF WORKER PROTECTION ‘‘(IV) Reason for the participant’s leaving amount specified in subparagraph (K) for LAWS.—Participants employed in transi- the programs. each fiscal year shall be reserved for use by tional jobs created under a transitional job ‘‘(V) Whether the participant secured un- the Secretary to carry out subparagraph (O). program that receives funds under a grant subsidized employment during or within 60 ‘‘(K) APPROPRIATIONS.— made under this paragraph shall be consid- days after the employment of the participant ‘‘(i) IN GENERAL.—Out of any money in the ered to be employees for all purposes under in a transitional job, and if so, details about Treasury of the United States not otherwise Federal and State law, including laws relat- the participant’s unsubsidized employment appropriated, there are appropriated for ing to health and safety, civil rights, and including industry, occupation, starting grants under this paragraph— worker’s compensation. ‘‘(I) $250,000,000 for fiscal year 2003; wages and hours, availability of employer ‘‘(M) GRIEVANCE PROCEDURE.— ‘‘(II) $375,000,000 for fiscal year 2004; and sponsored health insurance, sick and vaca- ‘‘(i) IN GENERAL.—The State shall establish tion leave. ‘‘(III) $500,000,000 for each of fiscal years and maintain a grievance procedure for re- ‘‘(VI) The extent to which subsidized and 2005 through 2007. solving complaints by unsubsidized employ- ‘‘(ii) AVAILABILITY.—The amounts made unsubsidized placements are in jobs or occu- ees of program operators or worksite em- available pursuant to clause (i) shall remain pations identified in the State’s plan as ployers or such employees’ representatives available for such period as is necessary to being in demand in the local economy and alleging violations of clause (i), (ii), or (iii) make the grants provided for in this para- offering the opportunity for advancement of subparagraph (L), or by participants alleg- graph. and wage growth. ing violations of clause (ii), (iii), or (iv) of ‘‘(L) WORKER PROTECTIONS.— ‘‘(viii) ADDITIONAL REPORTING REQUIRE- such subparagraph. MENTS.—States shall collect and report fol- ‘‘(i) NONDUPLICATION.— ‘‘(ii) LIMITATION.—Except in the case of a ‘‘(I) IN GENERAL.—Assistance provided low-up data for a sampling of participants grievance that alleges fraud or criminal ac- through a grant made under this paragraph reflecting their employment and earning sta- tivity, a grievance shall be made not later tus 12 months after entering unsubsidized shall be used only for a program that does than 1 year after the date of the alleged oc- employment. not duplicate, and is in addition to, an activ- currence of the event that is the subject of ‘‘(ix) ANNUAL REPORT TO CONGRESS.—The ity otherwise available in the locality of the grievance. Secretary of Labor shall submit an annual such program. ‘‘(iii) HEARING.—A hearing on any griev- report to Congress on the activities con- ‘‘(II) PRIVATE, NONPROFIT ENTITY.—Assist- ance made under this subparagraph shall be ducted with grants made under this para- ance provided through a grant made avail- graph that includes information regarding able under this paragraph shall not be pro- conducted not later than 30 days after the the employment and earning status of par- vided to a private nonprofit entity to con- filing of the grievance. ticipants in such activities. duct activities that are the same or substan- ‘‘(iv) DEADLINE FOR DECISION.—A decision ‘‘(H) NATIONAL COMPETITIVE GRANTS.— tially equivalent to activities provided by a on any grievance made under this subpara- ‘‘(i) IN GENERAL.—The Secretary of Labor State or local government agency in the area graph shall be made not later than 60 days shall award grants in accordance with this in which such entity resides, unless the re- after the filing of the grievance. subparagraph, in fiscal years 2003 through quirements of clause (ii) are met. ‘‘(v) BINDING ARBITRATION.— 2007, for transitional jobs programs proposed ‘‘(ii) NONDISPLACEMENT.— ‘‘(I) IN GENERAL.—In the event of a decision by eligible applicants, based on the fol- ‘‘(I) IN GENERAL.—An employer shall not on a grievance that is adverse to the party lowing: displace an employee or position (including who filed such grievance, or, in the event on ‘‘(I) The extent to which the proposal seeks partial displacement such as reduction in noncompliance with the 60-day period re- to provided services in multiple sites that in- hours, wages, or employment benefits) or im- quired under clause (iv), the party who filed clude sites in more than 1 State. pair existing contracts for services or collec- the grievance may submit the grievance to ‘‘(II) The extent to which the proposal tive bargaining agreements, as a result of binding arbitration before a qualified arbi- seeks to provide services in a labor market the use by such employer of a participant in trator who is jointly selected and inde- area or region that includes portions of more a program receiving assistance under a grant pendent of the interested parties. than 1 State. made under this paragraph, and no partici- ‘‘(II) SELECTION OF ARBITRATOR.—If the par- ‘‘(III) The extent to which the proposal pant shall be assigned to fill any established ties cannot agree on an arbitrator, the chief seeks to provides transitional jobs in a State unfilled position vacancy. executive officer of the State shall appoint that is not eligible to receive an allotment ‘‘(II) JOB OPPORTUNITIES.—A job oppor- an arbitrator from a list of qualified arbitra- under subparagraph (D). tunity shall not be created under this sec- tors within 15 days after receiving a request ‘‘(IV) The extent to which the applicant tion that will infringe in any manner on the for such appointment from a party to the proposes to provide transitional jobs in ei- promotional opportunity of an employed in- grievance. ther rural areas or areas where there are a dividual. ‘‘(III) DEADLINE FOR PROCEEDING.—An arbi- high concentration of residents with income ‘‘(III) LIMITATION ON SERVICES.— tration proceeding shall be held not later that is less than the poverty line. ‘‘(aa) SUPPLANTATION OF HIRING.—A partici- than 45 days after the request for the arbi- ‘‘(V) The effectiveness of the proposal in pant in any transitional job program that re- tration proceeding, or, if the arbitrator is ap- helping individuals who are least job ready ceives funds under a grant made under this pointed by the chief executive officer of the move into unsubsidized jobs that provide paragraph shall not perform any services or State in accordance with subclause (II), not pathways to stable employment and livable duties or engage in activities that will sup- later than 30 days after the appointment of wages. plant the hiring of unsubsidized workers. such arbitrator.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.053 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5703

‘‘(IV) DEADLINE FOR DECISION.—A decision ‘‘(ff) Average expenditures per participant. with an amount sufficient to ensure that the concerning a grievance that has been sub- ‘‘(P) GRANTS TO INDIAN TRIBES.— project has a reasonable opportunity to be mitted to binding arbitration under this ‘‘(i) IN GENERAL.—The Secretary shall successful, taking into account— clause shall be made not later than 30 days award a grant in accordance with this sub- (A) the number and characteristics of the after the date the arbitration proceeding be- paragraph to an Indian tribe for each fiscal individuals to be served by the project; gins. year specified in subparagraph (K) for which (B) the level of unemployment in such ‘‘(V) COST.— the Indian tribe is a transitional jobs tribe, area; ‘‘(aa) IN GENERAL.—Except as provided in in such amount as the Secretary of Labor (C) the job opportunities and job growth in item (bb), the cost of an arbitration pro- deems appropriate. such area; ceeding shall be divided evenly between the ‘‘(ii) TRANSITIONAL JOBS TRIBE.—An Indian (D) the poverty rate for such area; and parties to the arbitration. tribe shall be considered a transitional jobs (E) such other factors as the Secretary ‘‘(bb) EMPLOYEE IS PREVAILING PARTY.—If tribe for a fiscal year for purposes of this deems appropriate in the area to be served an employee or such employee’s representa- subparagraph if the Indian tribe meets the by the project. tive prevails under a binding arbitration pro- following requirements: (2) AWARD CEILING.—A grant awarded to an ceeding under this clause, the State agency ‘‘(I) The Indian tribe has submitted to the eligible applicant under this section may not shall pay the total cost of such proceeding Secretary a plan which describes how, con- exceed $10,000,000. and the attorneys’ fees of such employee or sistent with this paragraph, the Indian tribe (e) ALLOWABLE ACTIVITIES.— representative. will use any funds provided under this sub- (1) PROMOTE BUSINESS LINKAGES.—An eligi- ‘‘(vi) REMEDIES.—Remedies for a grievance paragraph during the fiscal year. If the In- ble applicant awarded a grant under this sec- filed under this subparagraph include— dian tribe has a tribal family assistance tion shall use funds provided under the grant ‘‘(I) prohibition of the work assignment in plan, the plan referred to in the preceding to promote business linkages in which funds the program funded under a grant made sentence shall be in the form of an addendum shall be used to fund new or expanded pro- under this paragraph; to the tribal family assistance plan. grams that are designed to— ‘‘(II) reinstatement of the displaced em- ‘‘(II) The Indian tribe is operating a pro- (A) substantially increase the wages of ployee to the position held by such employee gram under a tribal family assistance plan low-income parents, noncustodial parents, prior to displacement; approved by the Secretary, a program de- and other low-income individuals, whether ‘‘(III) payment of lost wages and benefits of scribed in section 412(a)(2)(C), or an employ- employed or unemployed, who have limited the displaced employee; ment program funded through other sources English proficiency or other barriers to em- ‘‘(IV) reestablishment of other relevant under which substantial services are pro- ployment by upgrading job and related skills terms, conditions, and privileges of employ- vided to recipients of assistance under a pro- in partnership with employers, especially by ment of the displaced employee; and gram funded under this part. providing services at or near work sites; and ‘‘(V) such equitable relief as is necessary to ‘‘(III) The Indian tribe has agreed to nego- (B) identify and strengthen career path- make the displaced employee whole. tiate in good faith with the Secretary with ways by expanding and linking work and ‘‘(vii) JUDICIAL REVIEW.—An action to en- respect to the substance and funding of any training opportunities for low-earning work- force remedy or an arbitration award under evaluation under subparagraph (O), and to ers in collaboration with employers. this paragraph may be brought in any dis- ONSIDERATION OF IN KIND IN CASH RE cooperate with the conduct of any such eval- (2) C - , - - trict court of the United States, without re- uation.’’. SOURCES.—In determining which programs to gard to the amount in controversy or the fund under this subsection, an eligible appli- citizenship of the parties to the action. SEC. 3. INNOVATIVE BUSINESS LINK PARTNER- SHIP FOR EMPLOYERS AND NON- cant awarded a grant under this section shall ‘‘(viii) NON-EXCLUSIVE PROCEDURES.—The PROFIT ORGANIZATIONS. consider the ability of a consortium to pro- grievance procedures specified in this sub- (a) AUTHORITY TO AWARD GRANTS.—The vide funds in-kind or in-cash (including em- paragraph are not exclusive and an aggrieved Secretary of Health and Human Services and ployer-provided, paid release time) to help employee or participant in a program funded the Secretary of Labor (in this section re- support the programs for which funding is under a grant made under this paragraph ferred to as the ‘‘Secretaries’’) jointly shall sought. may use alternative procedures available award grants in accordance with this section (3) PRIORITY.—In determining which pro- under applicable contracts, collective bar- for projects proposed by eligible applicants grams to fund under this subsection, an eli- gaining agreements, or Federal or State based on the following: gible applicant awarded a grant under this laws. (1) The potential effectiveness of the pro- section shall give priority given to programs ‘‘(N) NON-PREEMPTION OF STATE LAW.—The posed project in carrying out the activities that include education or training for which provisions of subparagraphs (L) and (M) of described in subsection (e). participants receive credit toward a recog- this paragraph shall not be construed to pre- (2) Evidence of the ability of the eligible nized credential. empt any provision of State law that affords applicant to leverage private, State, and (4) USE OF FUNDS.— greater protections to employees or to other local resources. (A) IN GENERAL.—Funds provided to a pro- participants engaged in work activities (3) Evidence of the ability of the eligible gram under this subsection may be used for under a program funded under this part than applicant to coordinate with other organiza- a comprehensive set of employment and is afforded by the provisions of this para- tions at the State and local level. training benefits and services, including job graph. (b) DEFINITION OF ELIGIBLE APPLICANT.—In development, job matching, curricula devel- ‘‘(O) EVALUATION OF TRANSITIONAL JOBS this section, the term ‘‘eligible applicant’’ opment, wage subsidies, retention services, PROGRAMS.— means a nonprofit organization, a local and such others as the program deems nec- ‘‘(i) EVALUATION.—The Secretary, in con- workforce investment board established essary to achieve the overall objectives of sultation with the Secretary of Labor— under section 117 of the Workforce Invest- this subsection. ‘‘(I) shall develop a plan to evaluate the ex- ment Act of 1998 (29 U.S.C. 2832), or a polit- (B) PROVISION OF SERVICES.—So long as a tent to which transitional jobs programs ical subdivision of a State. In addition, in program is principally designed to assist eli- funded under this paragraph have been effec- order to qualify as an eligible applicant for gible individuals, funds may be provided to a tive in promoting sustained, unsubsidized purposes of subsection (e), the applicant program under this subsection that is de- employment for each group of eligible par- must provide evidence that the application signed to provide services to categories of ticipants; has been developed by and will be imple- low-earning employees for 1 or more employ- ‘‘(II) may evaluate the use of such grants mented by a local or regional consortium ers and such a program may provide services by such grantees as the Secretary deems ap- that includes, at minimum, employers or to individuals who do not meet the definition propriate, in accordance with an agreement employer associations, education and train- of low-income established for the program. entered into with the grantees after good- ing providers, and social service providers. (f) DEFINITION OF ELIGIBLE INDIVIDUAL.—In faith negotiations; and (c) REQUIREMENTS.—In awarding grants this section, the term ‘‘eligible individual’’ ‘‘(III) should include the following outcome under this section, the Secretaries shall— means— measures in the plan developed under sub- (1) consider the needs of rural areas and (A) an individual who is a parent who is a clause (I): cities with large concentrations of residents recipient of assistance under a State or trib- ‘‘(aa) Placements in unsubsidized employ- with an income that is less than the 150 per- al program funded under part A of title IV of ment. cent of the poverty line; and the Social Security Act (42 U.S.C. 601 et ‘‘(bb) Placements in unsubsidized employ- (2) ensure that all of the funds made avail- seq.); ment that last for at least 12 months, and able under this section (other than funds re- (B) an individual who is a parent who has the extent to which individuals are employed served for use by the Secretaries under sub- ceased to receive assistance under such a continuously for at least 12 months. section (j)) shall be used for activities de- State or tribal program; or ‘‘(cc) Earnings of individuals who obtain scribed in subsection (e). (C) a noncustodial parent who is unem- employment at the time of placement. (d) DETERMINATION OF GRANT AMOUNT.— ployed, or having difficulty in paying child ‘‘(dd) Earnings of individuals one year (1) IN GENERAL.—Subject to paragraph (2), support obligations. after placement. in determining the amount of a grant to be (g) APPLICATION.—Each eligible applicant ‘‘(ee) The occupations and industries in awarded under this section for a project pro- desiring a grant under this section shall sub- which wage growth and retention perform- posed by an eligible applicant, the Secre- mit an application to the Secretaries at such ance is greatest. taries shall provide the eligible applicant time, in such manner, and accompanied by

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.053 pfrm01 PsN: S18PT1 S5704 CONGRESSIONAL RECORD — SENATE June 18, 2002 such information as the Secretaries may re- Today I am introducing a bill for Beth age 60. Had this legislation been en- quire. and the other ‘‘Forgotten Widows.’’ acted earlier, Bob could have provided (h) ASSESSMENTS AND REPORTS BY GRANT- Bob James proudly served his coun- for Beth’s security. EES.— try as an active member of the Army Unfortunately, when drafting the leg- (1) IN GENERAL.—An eligible applicant that and Army Reserves for 35 years, until islation in 1978, Congress forgot about receives a grant under this section shall as- sess and report on the outcomes of programs he passed away in 1977. Bob’s service Beth and thousands of spouses like her funded under the grant, including outcomes began with the Amphibious Combat In- whose husbands, despite having served related to job placement, 1-year employment fantry in North Africa and Italy in their country for at least 20 years, died retention, wage at placement, and earnings World War II. As a junior officer, Bob before they were allowed to enroll in progression, as specified by the Secretaries. James landed with the Third Division the program to provide for their sur- (2) ASSISTANCE.—The Secretaries shall— near Casablanca, and later served with vivors. (A) assist grantees in conducting the as- the 34th Division through the North Af- Congress continued to ignore these sessment required under paragraph (1) by rican and Tunisian campaigns, as well widows until 1997. Led by my colleague making available where practicable low-cost means of tracking the labor market out- as in amphibious landings at Solarno, from South Carolina, Senator THUR- comes of participants; and Italy, the battle of Mt. Casino and four MOND, Congress finally took an impor- (B) encourage States to also provide such crossings of the Volturno River. He was tant, but limited, step to recognize the assistance. awarded the Bronze Star medal for the ‘‘Forgotten Widows,’’ as Beth and the (i) APPLICATION TO REQUIREMENTS OF THE Rome-Arno campaign and was given a other spouses had come to be known. STATE TANF PROGRAM.— battlefield promotion to First Lieuten- Congress created a special annuity of (1) WORK PARTICIPATION REQUIREMENTS.— ant. $165 per month for the Forgotten Wid- With respect to any month in which a recipi- After five years in World War II, he ows. For the first time in 20 years, ent of assistance under a State or tribal pro- gram funded under part A of title IV of the carried a mobilization designation as Beth James received some support Social Security Act (42 U.S.C. 601 et seq.) part of his 30-year reserve duty with from our government in return for Bob who satisfactorily participates in a business the Selective Service Unit in Cedar James’ service to his country. linkage program described in subsection (e) Rapids that he proposed and was asked While the annuity for certain mili- that is paid for with funds made available by General Hershey to organize. In tary surviving spouses created in 1997 under a grant made under this section, such fact, Bob served longer than the usual was certainly a step in the right direc- participation shall be considered to satisfy 30 years because General Hershey per- tion, it is by no means adequate. The the work participation requirements of sec- sonally requested that he remain in ac- forgotten widows currently receive tion 407 of the Social Security Act (42 U.S.C. about $185 per month, after cost of liv- 607)) and included for purposes of deter- tive Reserves until he reached the age mining monthly participation rates under of 60. ing increases since 1997. In comparison, subsection (b)(1)(B)(i) of such section. When Bob became ill, he continued to the monthly SBP benefits average is (2) PARTICIPATION NOT CONSIDERED ASSIST- attend Reserve meetings. His wife, about $580 for beneficiaries over 62 and ANCE.—A benefit or service provided with Beth, now age 83, remembers Bob tell- the monthly RC–SBP benefits average funds made available under a grant made ing her on April 9, 1977, Easter Sunday, about $325 for beneficiaries over 62. The under this section shall not be considered as- ‘‘I only have to live another six current benefit for forgotten widows is sistance for any purpose under a State or months.’’ You see, he was worried low for two reasons. First, the fiscal tribal program funded under part A of title about Beth’s welfare after he passed year 1998 legislation initially set the IV of the Social Security Act (42 U.S.C. 601 et seq.). away. He knew he had to turn 60 before ACMSS benefit at the minimum allow- (j) ASSESSMENTS BY THE SECRETARIES.— he could enroll in the military’s Sur- able amount a service member could (1) RESERVATION OF FUNDS.—Of the amount vivor Benefit Plan to provide for Beth elect, even though most members par- appropriated under subsection (k), $3,000,000 after he passed away. Unfortunately, ticipate at a higher level. Second, the is reserved for use by the Secretaries to pre- Bob was not able to hold on. Lieuten- 1997 legislation did not take into ac- pare an interim and final report summa- ant Colonel William R. James, USAR, count cost of living increases that the rizing and synthesizing outcomes and lessons died at age 591⁄2 in 1977, 51⁄2 months be- widows would have received for more learned from the programs funded through fore his 60th birthday. than two decades. If these widows had grants awarded under this section. Under the military’s Survivor Ben- (2) INTERIM AND FINAL ASSESSMENTS.—With been enrolled in these programs in 1972 respect to the reports prepared under para- efit Plan, members who choose to en- at the minimum level, their monthly graph (1), the Secretaries shall submit— roll in the plan have a small deduction benefit today would be approximately (A) the interim report not later than 4 taken from their retirement benefit $434, rather than $185. years after the date of enactment of this each month so that their spouses can The Forgotten Widows’ Benefit Eq- Act; and continue to receive a portion of the uity Act of 2002 amends the Annuity (B) the final report not later than 6 years benefit after the member dies. When for Certain Military Surviving Spouses after such date of enactment. the Reserve Component Survivor’s program established in the fiscal year (k) APPROPRIATION.—Out of any money in Benefit Plan was established in 1972, 1998 Defense Authorization Bill. It does the Treasury of the United States not other- wise appropriated, there are appropriated for members could not sign up for sur- not change the eligibility criteria for carrying out this section, $250,000,000 for the vivors benefits until they became eligi- the program. It directs the Department period of fiscal years 2003 through 2007. ble for the retirement benefit at age 60. of Defense to calculate each surviving Because of this arbitrary rule, and be- spouse’s annuity assuming that the By Mr. HARKIN: cause Bob died at 591⁄2, Beth received no member had enrolled in the SBP before S. 2632. A bill to provide an equitable survivor’s benefit even though Bob he died and had elected a base amount formula for computing the annuities of served in the military for 35 years and equal to his retired pay. For almost all surviving spouses of members of the had more than the maximum number forgotten widows this will be much uniformed services who died entitled to of points used in calculating retire- more than the current annuity; if it is retired or retainer pay but before the ment benefits. not, the survivor will continue to re- Survivor Benefit Plan existed or ap- Congress quickly became aware of ceive the current benefit. This ap- plied to the members, and for other this unjust consequence of the SBP proach ensures that the survivors’ an- purposes; to the Committee on Armed law. One year after Bob’s death, Con- nuities take into account the members’ Services. gress took action to correct the unfair rank and years of service, and the past Mr. HARKIN. Madam President, a enrollment structure of the Reserve cost of living increases. couple weeks ago, on Memorial Day, we Component Survivor’s Benefit Plan. It is possible that some of the mem- promised to remember and honor those Legislation passed in 1978 allows Re- bers would not have elected to partici- who have sacrificed so much to serve serve Component members to decide pate in the SBP, or would not have our country. In Iowa, Mary ‘‘Beth’’ whether or how they will participate in chosen a base amount of 100 percent of James and her family were honoring the RCSBP when they are notified of retired pay, and thus the survivors the memory of her husband, Bob retirement eligibility, but not yet eli- would have received a lower benefit. James. But I’m afraid we have forgot- gible to receive retired pay, in almost However, they were never given that ten Beth, and not done Bob justice. all cases, many years before reaching choice. And most members today do

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.053 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5705 choose to participate at or near the ‘‘(iii) the member had effectively elected to other ‘‘club drugs,’’ such as the date highest level. In addition, this legisla- provide the maximum survivor annuity for rape drugs Rohypnol, GHB and tion is not retroactive; the forgotten the surviving spouse under the SBP pro- Ketamine, is widespread. widows will not be compensated for the gram.’’; and But even as these promoters work to (2) in paragraph (3), by inserting after ‘‘the thousands of dollars of benefits they annuity that is payable under this section’’ make parents think that their events would have received for over 20 years. the following: ‘‘in the amount under para- are safe, they send a different message These women, whose husbands de- graph (1) that is adjustable under this para- to kids. Their promotional flyers make voted over 20 years of their lives to de- graph’’. clear that drugs are an integral part of fending our freedoms and some of (b) SBP PROGRAM DEFINED.—Subsection (d) the party by prominently featuring whom received no pensions of their of such section is amended by adding at the terms associated with drug use, such as own, were abandoned by our govern- end the following new paragraph: the letters ‘‘E’’ or ‘‘X,’’ street terms for ment for at least 20 years. While Con- ‘‘(3) The term ‘SBP program’ means sub- Ecstasy, or the term ‘‘rollin,’’ which chapter II of chapter 73 of title 10, United gress recognized our responsibility to States Code.’’. refers to an Ecstasy high. They are, in them in 1998, we have not fully met our (c) EFFECTIVE DATE AND APPLICABILITY.— effect, promoting Ecstasy along with obligation to provide them with an (1) The amendments made by subsections (a) the rave. adequate, fair benefit. We can and must and (b) shall take effect on October 1, 2002. By doing so, the promoters get rich do better. We must stand by our Memo- (2) The Secretary concerned shall recom- as they exploit and endanger kids. rial Day promises to remember those pute under section 644 of Public Law 105–85 Many supplement their profits from who sacrificed for our country. I ask (as amended by subsections (a) and (b)) the the $10 to $50 cover charge to enter the my colleagues to do what is right and amounts of the survivor annuities that are club by selling popular Ecstasy para- payable under such section for months begin- phernalia such as baby pacifiers, glow support passage of the Forgotten Wid- ning after the effective date under paragraph ow’s Benefit Equity Act of 2002. (1). sticks, or mentholated inhalers. And I ask unanimous consent that the (3) No benefit shall be payable for any pe- party organizers know that Ecstasy text of the bill be printed in the riod before the effective date under para- raises the core body temperature and RECORD. graph (1) by reason of the amendments made makes the user extremely thirsty, so There being no objection, the bill was by subsections (a) and (b). they sell bottles of water for $5 or $10 ordered to be printed in the RECORD, as apiece. Some even shut off the water By Mr. BIDEN (for himself, and follows: faucets so club goers will be forced to Mr. GRASSLEY): buy water or pay admission to enter an S. 2632 S. 2633. A bill to prohibit an indi- Be it enacted by the Senate and House of Rep- air-conditioned ‘‘cool down room.’’ vidual from knowingly opening, main- Despite the conventional wisdom resentatives of the United States of America in taining, managing, controlling, rent- Congress assembled, that Ecstasy and other club drugs are ing, leasing, making available for use, ‘‘no big deal,’’ a view that even the SECTION 1. SHORT TITLE. or profiting from any place for the pur- This Act may be cited as the ‘‘Forgotten New York Times Magazine espoused in Widows’ Benefit Equity Act of 2002’’. pose of manufacturing, distributing, or a cover story, these drugs can have se- using any controlling substance, and SEC. 2. EQUITABLE AMOUNT OF SURVIVOR ANNU- rious consequences, and can even be ITIES FOR CERTAIN MILITARY SUR- for other purposes; to the Committee fatal. VIVING SPOUSES. on the Judiciary. After the death of a 17-year-old girl (a) FORMULA.—Subsection (b) of section 644 Mr. BIDEN. Madam President, over at a rave party in New Orleans in 1998, of the National Defense Authorization Act the past several years, I have become the Drug Enforcement Administration for Fiscal Year 1998 (Public Law 105–85; 10 increasingly concerned with the traf- conducted an assessment of rave activ- U.S.C. 1448 note) is amended— ficking and use of the newest fad drug, (1) by striking paragraph (1) and inserting ity in that city which showed the close the following: Ecstasy. All across the country, thou- relationship between these parties and ‘‘(1) An annuity payable under this section sands of teenagers are treated for club drug overdoses. In a two year pe- for the surviving spouse of a deceased mem- overdoses and Ecstasy-related health riod, 52 raves were held at the New Or- ber shall be equal to the higher of $186 per problems in emergency rooms each leans State Palace Theater, during month, as adjusted from time to time under year. And recent statistics from the which time approximately 400 teen- paragraph (3), or the applicable amount as Partnership for a Drug Free America agers overdosed and were treated at follows: show that teen use of Ecstasy has in- local emergency rooms. Following ‘‘Op- ‘‘(A) In the case of the surviving spouse of creased 71 percent since 1999. Unless we a deceased member described in subpara- eration Rave Review’’ which resulted graph (A) of subsection (a)(1) who died before mount a major education campaign in the arrest of several rave promoters September 21, 1972, the amount computed across schools and campuses nation- and closing the city’s largest rave, under the SBP program, from the day after wide, we may not be able to counter overdoses and emergency room visits the date of death, as if— the widespread misconception that dropped by 90 percent and Ecstasy ‘‘(i) the SBP program had become effective Ecstacy is harmless, fashionable and overdoses have been eliminated. on the day before the date of the death of the hip. State and locals governments have deceased member; and Much of the abuse of Ecstasy and begun to take important steps to crack ‘‘(ii) the member had effectively elected to other club drugs happens at all-night provide the maximum survivor annuity for down on rave promoters who allow the surviving spouse under the SBP program. dance parties known as ‘‘raves.’’ A few their events to be used as havens for il- ‘‘(B) In the case of the surviving spouse of months ago in the Caucus on Inter- licit drug activity. In Chicago, where a deceased member described in subpara- national Narcotics Control I held a Mayor Daley has shown great leader- graph (A) of subsection (a)(1) who died after hearing to take an in-depth look at the ship on this issue, it is a criminal of- September 20, 1972, the amount computed phenomenon of these all-night dance fense to knowingly maintain a place, under the SBP program, from the day after parties and recent efforts at the Fed- such as a rave, where controlled sub- the date of death, as if the member had effec- eral, State and local levels to crack stances are used or distributed. Not tively elected to provide the maximum sur- down on rave promoters who allow vivor annuity for the surviving spouse under only the promoter, but also the build- that program. rampant drug use at their events and ing owner and building manager can be ‘‘(C) In the case of the surviving spouse of do everything they can to profit from charged under Mayor Daley’s law. The a deceased member described in subpara- it. State of Florida has a similar statute graph (B) of subsection (a)(1) who died before It is common for rave organizers to making such activity a felony. October 1, 1978, the amount computed under go to great lengths to portray their And in Modesto, California, police of- the SBP program, from the day after the events as safe so that parents will ficers are offering ‘‘rave training class- date of death, as if— allow their kids to attend. They adver- es’’ to parents to educate them about ‘‘(i) the SBP program, as in effect on Octo- tise them as alcohol-free parties and ber 1, 1978, had become effective on the day the danger of raves and the club drugs before the date of the death of the deceased some even hire off-duty police officers associated with them. member; to patrol outside the venue. But the And at the Federal level, there have ‘‘(ii) the member had been 60 years of age truth is that many of these raves are been four cases in which Federal pros- on that day; and drug dens where use of Ecstasy and ecutors have used the so called ‘‘crack

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.052 pfrm01 PsN: S18PT1 S5706 CONGRESSIONAL RECORD — SENATE June 18, 2002 house statute’’ or other Federal spread to the middle-aged population By Mr. KENNEDY: charges to go after rave promoters. and rural areas, including my own S. 2638. A bill to encourage health These cases, in Little Rock, AR, Boise, State of Iowa. Ninety percent of all care facilities, group health plans, and ID, Panama City, FL, and New Orleans, drug treatment and law enforcement health insurance issuers to reduce ad- LA, have had mixed results, culmi- experts say that Esctasy is readily ac- ministrative costs, and to improve ac- nating in two wins, a loss and a draw, cessible in this country. We cannot cess, convenience, quality, and safety, suggesting that there may be a need to continue to allow easy access to this and for other purposes; to the Com- tailor this Federal statute more pre- drug or ignore the consequences of its mittee on Health, Education, Labor, cisely to the problem at hand. Today I use. and Pensions. am proposing legislation, Reducing The sale of illicit narcotics, whether Mr. KENNEDY. Madam President, Americans’ Vulnerability to Ecstasy on a street corner here in Washington, today I am introducing the Efficiency Act, or the ‘‘RAVE’’ Act, which will do D.C., or a warehouse in Des Moines, IA, in Health Care, eHealth Care, Act. The just that. I am pleased to have Senator must be confronted and halted wher- time is long overdue to improve the ef- GRASSLEY as the lead cosponsor. ever possible. One of the new, ‘‘trendy’’ ficiency and effectiveness of America’s The bill tailors the crack house stat- illicit narcotics is Ecstasy, an espe- antiquated healthcare information ute to address rave promoters’ actions cially popular club drug that is all too technology systems. We can achieve more specifically so that Federal pros- often being sold at all-night dance par- large cost savings and improve patient ecutors will be able to use it to pros- ties, or raves. Ecstasy is an illegal drug care by bringing the nation’s health ecute individuals who allow rampant that has extremely dangerous side ef- care systems into the information age. drug use at their events and seek to fects. In general, Ecstasy raises the The eHealth Care Act provides mod- profit from putting kids at risk. The heart rate to dangerous levels, and in ern standards for financial trans- some cases the heart will stop. It also legislation also addresses the low pen- actions such as billing and claims proc- causes severe dehydration, a condition alties for trafficking gamma hydroxy- essing that can only be met by adop- that is exacerbated by the high levels butyric acid, GHB, by directing the tion of the same kind of high volume, of physical exertion that happens at speedy, cost-efficient technology that United States Sentencing Commission raves. Users must constantly drink has dramatically lowered administra- to examine the current penalties and water in an attempt to cool off, a fact tive costs in other industries. The new consider increasing them to reflect the that some rave promoters take advan- standards will be coupled with grants seriousness of offenses involving GHB. tage of by charging exorbitant fees for But the answer to the problem of to health care providers to assist them bottles of water. Too often, users col- drug use at raves is not simply to pros- in upgrading their information tech- lapse and die because their bodies over- ecute irresponsible rave promoters and nologies to meet these new demands. heat. And even those who survive the Estimates are that administrative those who distribute drugs. There is short-term effects of Ecstasy use can costs currently represent 20 to 30 per- also a responsibility to raise awareness look forward long-term problems such cent of health care spending, or up to among parents, teachers, students, as depression, paranoia, and confusion, $420 billion each year. While other in- coaches, religious leaders, etc. about as scientists have learned that Ecstasy dustries are making full use of avail- the dangers of the drugs used and sold causes irreversible changes to the able information technology, health at raves. The RAVE Act directs funds brain. care has been a very slow adopter. And to the DEA for that purpose. Further, The legislation that we introduce this bill will reduce health care admin- the bill authorizes nearly $6 million for today is the result of information gath- istration by as much as $300 billion a the DEA to hire a Demand Reduction ered during a series of hearings held by year, enough to provide universal Coordinator in each state who can the Caucus on International Narcotics health coverage for every American work with communities following the Control. It will help U.S. attorneys many times over. arrest of a significant local trafficker shut down raves and prosecute rave The sad fact is that processing a sin- to reduce the demand for drugs promoters who knowingly maintain a gle health care transaction can cost as through prevention and treatment pro- place where drugs are used, kept, or much as 25 dollars. Other industries grams. sold by expanding the existing statute have drastically reduced administra- It is the unfortunate truth that most that allows the closure and prosecution tive costs by using modern information raves are havens for illicit drugs. En- of crack house operators. technology. Banks and brokerages have acting the RAVE Act will help to pros- The statute would only be applicable cut their costs to less than a penny per ecute the promoters who seek to profit if the rave promoters or location own- transaction using modern technology. from exploiting and endangering young ers ‘‘knowingly and intentionally’’ ei- Health care remains one of the few in- lives and will take steps to educate ther use or allow to be used space for dustries clinging to antiquated 20th youth, parents and other interested an event where drugs will be ‘‘manufac- century technology while the rest of adults about the dangers of Ecstasy tured, stored, distributed, or used.’’ the Nation’s businesses have moved and other club drugs associated with This legislation will not eliminate all into the 21st century. This bill will pro- raves. raves. Provided rave promoters and vide the tools for health care systems I hope that my colleagues will join sponsors operate such events as they to make a great leap forward by using me and support this legislation. are so often advertized, as places for new technologies to cut costs. Mr. GRASSLEY. Madam President, I people to come dance in a safe, alcohol- Recent breakthroughs in technology am pleased to join my colleague Sen- free environment, then they have noth- not only can save money, but also can ator BIDEN today in introducing the ing to fear from this law. But this leg- provide more timely and accurate bill- RAVE Act, or Reducing America’s Vul- islation will give law enforcement the ing and claims transactions. Today, nerability to Ecstacy Act of 2002. I be- tools needed to shut down those rave only 10 or 15 percent of all patient lieve this legislation will help Amer- operators and promoters who use raves charts are available electronically, and ica’s law enforcement go after the lat- as a cover to sell drugs. Innocent own- it costs about $9 each and every time a est methods drug dealers are using to ers or proprietors will remain exempt doctor has to pull a patient’s chart. push drugs on our kids. As drug dealers from prosecution. Even worse, despite the high cost, the discover new drugs and new methods of This legislation is an important step, patient’s chart is often incomplete. pushing their poison, we must make but a careful one. Our future rests with Through advances in technology, doc- sure our legal system is adequately the young people of this great nation tors should be able to access complete structured to react appropriately. I be- and America is at risk. Esctasy has patient records at a huge cost saving. lieve this legislation does that. shown itself to be a formidable threat That is not only more efficient care, it Many young people perceive Ecstasy and we must confront it on all fronts, is better care. as harmless and it is wrongly termed a not only through law enforcement but Today, 30 percent of doctor’s claims recreational or ‘‘kid-friendly’’ drug. education and treatment as well. I leave the physician’s office with errors, This illegal substance does real damage hope my colleagues will join us in sup- and nearly 15 percent get lost. Manual to real lives. Although targeted at porting the RAVE Act, and help us procedures for handling referrals, eligi- teenagers and young adults, its use has work towards its quick passenge. bility, treatment authorizations, and

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.050 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5707 explanations of benefits can add any- Americans are rightly proud to be at They can strike anyone equally. And where from $10 to $85 per transaction. the forefront of medical and scientific when they do, the uninsured are left In fact, estimates are that $250 billion advancement. In the past year, we suc- out and left behind. In hospital or out, is spent each year on medical claims cessfully mapped the human genome. young or old, black or white, the unin- paperwork. Paper claims processing We developed new pharmaceuticals to sured receive less care, suffer more amounts to $28,000 per physician and target specific cancers. We have seen pain, and die at higher rates than those $12.7 billion for all physicians each the promise stem cell research gives to who are insured. year. Conducting these transactions millions suffering from chronic dis- One-third of uninsured Americans online could cut that figure tenfold. We eases. We clearly recognize the value of will simply go without care when they are clearly not getting much bang for scientific achievement and have always get sick instead of seeking medical at- our buck. The eHealth Care Act will been supportive of the great institu- tention. They stop and ask themselves provide the standards needed for health tions and individuals that are driving whether their symptoms or their chil- plans, insurers, providers, and patients our progress. drens symptoms are truly worth a doc- to realize both the cost savings and But our successes in the science of tor visit. Is this cough just a cold or better billing and claims transactions. medicine must not blind us to the could it be strep throat? Is this pain in But the cost to the health care sys- great failure of our health care system, my bones indicative of something more tem is not just monetary. The eHealth the failure to provide affordable, qual- serious or will it eventually go away if Care bill will also set standards for ity health insurance to all our people. I ignore it? Millions of families are physicians ordering prescription medi- We lead the world in medical research. forced to decide between their health cations. Medication errors are respon- We lead the world in our capacity to and other necessities of life. They ra- sible for over 7,000 deaths annually, but cure and treat the most complex and tion health care for themselves and doctors currently write only 1 percent deadly illnesses. But we lag behind their children, and too often they pay a of prescriptions electronically. By re- every country in the industrial world terrible price. quiring adoption of computerized sys- in guaranteeing all our people access to Every year, 8 million uninsured tems for writing prescriptions, errors the best medical care we can offer. And Americans fail to take their medica- due to mistaken prescriptions or illegi- today we face another health care cri- ble handwriting will be reduced. There tions because they can’t afford to pay sis as the number of the uninsured has for their prescriptions. 300,000 children is no excuse for patients to be harmed begun to rise and rise rapidly. and even die when we have the tech- with asthma never get treated by a Health care is not just another com- doctor. Uninsured women diagnosed nology to save them. modity. It is not a gift to be rationed I look forward to working with my with breast cancer are 50 percent more based on the ability to pay. The state likely to die from the disease because colleagues here in the Senate to get of a family’s health should not be de- this very important legislation passed. their cancer is diagnosed later. 32,000 termined by the size of a family’s Americans with heart disease go with- By Mr. KENNEDY (for himself wealth. out life-saving bypass surgery or Yet, thirty-nine million Americans and Mr. CORZINE): angioplasty. The chilling bottom line S. 2639. A bill to provide health bene- now have no health insurance at all. is that Americans without health in- fits for workers and their families; to Over the course of a year, 30 million surance are one-quarter more likely to the Committee on Health, Education, more will lack coverage for an ex- die prematurely solely because they Labor, and Pensions. tended period. It is unacceptable that lack coverage. any American is uninsured. It is Mr. KENNEDY. Madam President, The legislation I am introducing shameful that thirty-nine million today I am introducing the Health Care today is a major step forward toward Americans are uninsured. And it is in- for Working Families Act, a bill that the day when all Americans will enjoy tolerable that the number of uninsured will make the basic human right to the health insurance that should be is now rising again and, if we do noth- health care a reality for millions of their birthright This measure will re- ing, could reach more than 52 million working Americans and their families. quire every firm with more than 100 The tragedy of September 11 created by the end of the decade. Who are the 39 million uninsured workers to provide health insurance a special obligation to address the in- coverage for employees and their de- justices that have festered for far too Americans who must go without the pendents. This coverage must be as long within our national family. The health care they need because they good as the coverage now provided for brave passengers of Flight 93 fought must do without the health insurance Federal employees. If good health in- and defied the terrorists and saved the they deserve? Over 80 percent are mem- surance coverage is available to every lives of thousands. Construction and bers of working families. They are gro- member of the Senate, to every mem- health workers braved the treacherous cery baggers, car mechanics, construc- ber of the House, and to the President fire and debris to rescue survivors and tion workers. They are factory work- of the United States, it ought to be recover the remains of those who lost ers, nurses and nurses aides, secre- available to every other American too. their lives. Police and firefighters, and taries and the self-employed. They are ordinary citizens, gave their lives so child care workers and waiters and This measure alone would assure cov- that others might live. And thousands cooks. They are teachers and social erage for more than a third of today’s of Americans all over the country lined workers. They are veterans. They are uninsured workers. up to donate blood to help the victims. people who wake up every morning and For generations we have required em- I believe that the most enduring leg- go to work. They work hard 40 hours a ployers to contribute to Social Secu- acy of the September 11 attacks is a week and fifty-two weeks a year, but rity and then to Medicare. We have re- new sense of community among all all their hard work cannot buy them quired them to pay a minimum wage, Americans. A nation that has united to the health insurance they need to pro- and contribute to unemployment insur- battle a terrorist threat from abroad tect themselves and their families, be- ance. Now it is time to say, at least for can also unite to vanquish the condi- cause they can’t afford it and their em- large firms, that they also have an ob- tions here at home that curtail the op- ployers don’t provide it. ligation to contribute to the cost of portunities and sadden the lives of so They play by the rules. They stand health insurance for their employees. many of our fellow citizens. Just as the by their families and their country. The vast majority of large businesses British people came together after But when it comes to health insurance, already do so, and the rest should ful- World War II to provide health care for America has let them down. fill that obligation, too. all citizens of the United Kingdom, we A recent report by the Institute of The legislation I am introducing is join hands after September 11 to guar- Medicine lays out the stark result of supported by more than 100 health, antee all citizens of the United States America’s failure to provide health in- labor, elderly, disability, church, and the protection and opportunity that surance. Cancer, stroke, heart disease, family groups. It deserves the support should be their birthright. There is no leukemia, AIDS, and other serious ill- of Congress as the single most impor- area where action is more urgently nesses know nothing about insurance, tant way to move America closer to needed than health care. or economic class or race or creed. the goal of health care for all.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.070 pfrm01 PsN: S18PT1 S5708 CONGRESSIONAL RECORD — SENATE June 18, 2002 This legislation is an important first In light of these facts, this bill allows By Mrs. MURRAY (for herself, step toward the day when the funda- the Interior Secretary to assist these Mr. BAUCUS, Ms. CANTWELL, Mr. mental right to health care will be a schools if their combined state funding DAYTON, and Mr. WELLSTONE): reality for every American. But it is falls below $75,000. It also clarifies how S. 2641. A bill to amend the Toxic only a first step. Later this year, after funds will be used by limiting alloca- Substances Control Act to reduce the broad consultation with affected tions to providing general upkeep, health risks posed by asbestos-con- groups, I will introduce legislation to maintenance, and classroom instruc- taining products; to the Committee on assure that all Americans, wherever tion. Environment and Public Works. they work, wherever they live, have Furthermore, this legislation allows Mrs. MURRAY. Madam President, the quality, affordable health insur- the Park Service to allot federal funds today I rise and join my colleagues ance coverage they deserve. for the continuing operation of the Yo- Senators BAUCUS, CANTWELL, DAYTON, Health care is a defining test of our semite Area Regional Transportation and WELLSTONE in introducing legisla- commitment and our national char- System, YARTS. tion to improve protections for work- acter. The American people have shown YARTS is a bus service that gives ers and consumers against a known that they are ready for great missions. visitors the option of taking a free carcinogen: asbestos. The primary pur- They are the creators of the new spirit shuttle through Yosemite National pose of the Ban Asbestos in America of September 11. Now, we in public life Park instead of driving on their own. Act of 2002 is to require the Environ- must live up to the standards they Since it began operating in 2000, this mental Protection Agency, EPA, to have set. service has played a crucial role in im- ban the substance by 2005. We must strive to do what is best, in proving visitor accessibility to the Most Americans believe that asbestos health and education as well as na- Park’s attractions, alleviating traffic has already been banned. People have tional defense, and we must measure congestion on access roads and reduc- this misconception in part because our success by what we accomplish not ing the amount of air pollution emitted EPA tried to ban it in 1989, and the ban just for one political party or another, by incoming cars. was well publicized. But what wasn’t so not for this or that interest group, but The Federally funded demonstration publicized was the fact that in 1991, the for America and its enduring ideal of project that allowed YARTS to offer 5th Circuit Court of Appeals over- liberty and justice for all. services on a temporary basis expired turned EPA’s ban, and the first Bush in May and since then, YARTS has le- Administration didn’t appeal the deci- By Mrs. FEINSTEIN: veraged local funds to ensure that serv- sion to the Supreme Court. While new S. 2640. A bill to provide for adequate ices were not discontinued. uses of asbestos were banned, existing school facilities in Yosemite National Both the Park Service and YARTS ones were not. Park, and for other purposes; to the are supportive of continuing their mu- People also believe asbestos has been Committee on Energy and Natural Re- tually beneficial agreement. This legis- banned because the mineral has been sources. lation would do just that by taking the heavily regulated, and some uses are Mrs. FEINSTEIN. Madam President, burden off local entities and providing now prohibited. But the sweeping ban I am pleased to introduce this legisla- the necessary assistance that this serv- that EPA worked for ten years to put tion today to authorize the Interior ice needs. in place never went into effect. As a re- Department to provide critical services The last component of this bill will sult, products such as asbestos cloth- to three national parks in my home extend the advisory commissions of the ing, pipeline wrap, roofing felt, vinyl- State of California. Manzanar Historic Site and Golden asbestos floor tile, asbestos-cement With the passage of this bill, Yosem- Gate National Recreation Area for ten shingle, disc brake pads, gaskets and ite, Manzanar, and Golden Gate Na- more years. roof coatings still contain asbestos tional Parks will receive the Federal Both of these commissions have ac- today. Had EPA’s ban gone into effect, support needed to continue to offer a tive committees that represent a wide these products would no longer be al- broad range of services to the millions range of user groups from bicyclists to lowed to contain this deadly substance. of tourists and Californians who visit bird watchers to outdoor enthusiasts. This morning I met with three people these national treasures each year. They provide a vital communications who wish there had been better protec- This bill meets four distinct needs in link between the Park Service and the tions in place against the dangers of these parks: it authorizes the Interior surrounding communities that enjoy asbestos years ago. I had the honor of Secretary to designate Federal emer- the attractions that these national meeting Mrs. Susan Vento, the wife of gency funds to small schools in Yosem- sites have to offer. Without these com- the beloved Congressman Bruce Vento ite National Park, allows the Yosemite missions, the Park Service would be from Minnesota who died from a dis- Area Regional Transportation System, hard pressed to provide the same level ease caused by asbestos in October of YARTS, to continue operating and ex- of service and attention to the broad 2000 at the age of 60. Representative tends the Manzanar and Golden Gate interests and diverse communities that Vento was exposed to asbestos when he National Recreational Area, GGNRA, they serve. worked in factories in St. Paul during Advisory Commissions for ten more I continue to be a strong advocate for college. years. public involvement in Park Service de- I also had the privilege of meeting The first component of this bill pro- cisions. I believe that these commis- Lt. Col. James Zumwalt, the son of the vides critical funds to three small sions have been essential in ensuring legendary Navy Admiral Elmo schools nestled in the heart of Yosem- that the Park Service upholds its com- Zumwalt who also died in 2000 of meso- ite National Park. mitment to allow community partici- thelioma, a rare cancer of the lining of Approximately 126 children of park pation in its decision making process, the lungs and internal organs caused service employees are taught in the particularly when it comes to conten- by asbestos. Like so many others who quaint one-room buildings of Wawoma, tious issues. served in the Navy, Admiral Zumwalt El Portal, and Yosemite Valley ele- California’s national parks are truly was exposed to asbestos during his mentary schools. The remote location invaluable, each one of the parks that military service. of these schools, along with their small this bill supports offers an opportunity In addition, I had the pleasure to sizes and California’s unique method for visitors and residents to enjoy meet Mr. Brian Harvey, a former for funding education, have all contrib- unique national habitats and open English teacher from Washington State uted to the schools amassing a com- spaces. This legislation mark the be- University and a survivor of the deadly bined deficit of $241,000. In their efforts ginning of a process that I hope will re- disease. Like Congressman Vento, Mr. to continue to provide basic edu- sult in the Park Service and the com- Harvey was exposed to asbestos work- cational services to students, the munity working together not only to ing summers during college, only Mr. schools have had to cut supplemental protect the environment, but also the Harvey worked in a timber mill in instruction that would normally be interests of the nearby communities. I Shelton, WA instead of in factories in available to students taught outside of invite my colleagues to join me in sup- St. Paul. Mr. Harvey received aggres- the Park. porting this bill. sive treatment from the University of

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.069 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5709 Washington, and his triumph over the running stories about a disturbing uct stream in this country, despite its deadly disease offers all of us hope. trend in the small mining town of known dangers to human health. You don’t have to tell Mrs. Vento, Libby, Montana. Residents there suffer In contrast, asbestos has been banned Lt. Colonel Zumwalt or Mr. Harvey from high rates of asbestosis, lung can- in these 20 countries: Argentina, Aus- that asbestos can kill, or that it hasn’t cer and mesothelioma. These findings tria, Belgium, Chile, Croatia, Den- been banned. Unfortunately, they al- prompted Montana Senator MAX BAU- mark, Finland, France, Germany, Ice- ready know about asbestos. CUS to ask EPA to investigate. The land, Ireland, Italy, Latvia, the Nether- I have also heard from other Wash- agency found that the vermiculite lands, Norway, Poland, Saudi Arabia, ington State residents about the dev- mine near Libby, which operated from Sweden, Switzerland, and the United astating effects that asbestos exposure the 1920s until 1990, is full of tremolite Kingdom. Now it is time for the United can have on people’s lives. I’d like to asbestos. EPA is still working to clean States to ban asbestos, too. According take a moment to tell you about an e- up Libby, which is now a Superfund to EPA, 27 million Americans had sig- mail I received from two of my con- site. nificant exposure to the material on stituents, Mr. Charles Barber and his W.R. Grace, the company which ran the job between 1940 and 1980. It is time wife, Ms. Karen Mirante, who live in the mine, had evidence of the harmful for the sad legacy of asbestos disease Seattle. They wrote to me last year to health effects of its product, but did we have witnessed during the 20th cen- express support for my efforts on asbes- not warn workers, town residents or tury to come to an end. I want to en- tos. Mr. Barber and Ms. Mirante had consumers. Instead, the product was sure our government does all it can to just recently learned that both of their shipped to over 300 sites nationally for minimize future suffering and death fathers were diagnosed with mesothe- processing and then was used to make caused by this substance. lioma, the same deadly disease that products such as home insulation and That is why today I am introducing took the lives of Congressman Vento soil additives. EPA and the Agency for the Ban Asbestos in America Act of and Admiral Zumwalt. Toxic Substances and Disease Registry, 2002. The legislation has four main Mr. Barber’s father, Rudolph ‘‘Rudy’’ ATSDR, have determined that 22 sites parts. First and foremost, this bill pro- Barber, was a World War II veteran are still contaminated today, including tects public health by doing what the who worked at Todd shipyards. Then one in Spokane, WA. EPA tried to do 13 years ago: ban as- he worked for Boeing for 35 years build- At many plants where vermiculite bestos in the United States. The bill re- ing airplanes. According to his son, from Libby was processed, waste rock quires EPA to ban it by 2005. Like the when Rudy served on a troopship dur- left over from the expansion process regulations EPA finalized in 1989, com- ing the war he recalled sleeping in a was given away for free, and people panies may file for an exemption to the bunk under asbestos-coated pipes used it in their yards, driveways and ban if there is no substitute material which flaked so badly that he had to gardens. During its investigation into available: if there is no substitute ma- shake out his sleeping bag every morn- sites around the country which proc- terial available and EPA determines ing. essed vermiculite from Libby, ATSDR the exemption won’t pose an unreason- A few years after retiring from Boe- discovered a picture taken of two dar- able risk of injury to public health or ing, Rudy Barber started to develop ling little boys, Justin and Tim the environment. breathing problems. First he was told Jorgensen, climbing on waste rock Second, the bill requires EPA to con- by one doctor that his disease could be given out by Western Minerals, Inc. in duct a pubic education campaign about cured with surgery, but it wasn’t. After St. Paul, MN sometime in the late the risks of asbestos products. Within 6 undergoing surgery, another doctor di- 1970s. According to W.R. Grace records, months of passage, the EPA and the agnosed him with mesothelioma. After this rock contained between 2 and 10 Consumer Product Safety Commission a year and a half of suffering and of en- percent tremolite asbestos. This rock will begin educating people about how during repeated radiation and chemo- produced airborne asbestos concentra- to safely handle insulation made with therapy treatments, Mr. Barber died on tions 135 times higher than the Occupa- vermiculite. I believe the government April 28, 2002. According to his family, tional Safety and Health Administra- needs to warn people that their insula- he never complained and continued to tion’s current standard for workers. tion, if made with vermiculite, may be help his family and neighbors with Thankfully, neither Justin nor Tim has contaminated with asbestos. Home maintenance and farm work for as long shown any signs of disease, but their owners and workers may be unknow- as he could. risks of developing asbestos diseases, ingly exposing themselves to asbestos Karen Mirante’s father, Fred which have latency periods of 15 to 40 when they conduct routine mainte- Mirante, was a retired truck driver years, are increased from their child- nance near this insulation. While EPA who was active in labor issues. While hood exposures. has agreed to remove vermiculite insu- the source of Mr. Mirante’s exposure to People may still today be exposing lation from homes in Libby, the agency asbestos is unknown, it is likely that themselves to harmful amounts of as- currently has no plans to do this na- he breathed in asbestos from brakes bestos in vermiculite. As many as 35 tion-wide. when he worked on cars. After receiv- million homes and businesses may have The legislation also requires EPA to ing experimental therapies for the dis- insulation made with harmful minerals conduct a survey to determine which ease and after a two and one-half year from Libby. And EPA has also tested foreign and domestic products being battle, he died on June 4, 2002. June 16, agricultural products, soil conditioners consumed in the United States today last Sunday, was the first Father’s Day and fertilizers, made with vermiculite, have been made with asbestos. There is that Mr. Barber and Ms. Mirante had and determined that some workers no solid, up-to-date information about to spend without their cherished, hard- may have been exposed to dangerous which products contain it, although working dads. concentrations of tremolite asbestos. EPA has estimated that as many as I mention Bruce Vento, Admiral As I learned more about Libby, and 3,000 products still do. Zumwalt, Mr. Harvey, Mr. Barber and how asbestos has ended up in products The survey will provide the founda- Mr. Mirante to demonstrate that asbes- by accident, I was shocked to learn tion for a broader education campaign tos disease strikes all different types of that asbestos is still being used in so consumers and workers will know people in different professions who products on purpose. While some spe- how to handle as safely as possible as- were exposed to asbestos at some point cific uses have been banned, the EPA’s bestos products that were purchased in their lives. Asbestos knows no more sweeping ban was never put into before the ban goes into effect. boundaries. It is still in thousands of effect because of an asbestos industry Third, the legislation requires fund- schools and buildings throughout the backed lawsuit. As a result, new uses of ing to improve treatment for asbestos country, and is still being used in some asbestos were banned, but most exist- diseases. The bill directs the Secretary consumer products. ing ones were not. Asbestos is still used of Health and Human Services, work- I first became interested in this issue today to make roofing products, gas- ing through the National Institutes of because, like most people, I thought as- kets, brakes and other products. In 2001 Health, to ‘‘expand, intensify and co- bestos had been banned. But in 1999, the U.S. consumed 13,000 metric tons of ordinate programs for the conduct and the Seattle Post-Intelligencer starting it. Asbestos is still entering the prod- support of research on diseases caused

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.071 pfrm01 PsN: S18PT1 S5710 CONGRESSIONAL RECORD — SENATE June 18, 2002 by exposure to asbestos.’’ The Ban As- has also been confusion surrounding as- (B) in 1976, Congress passed the Toxic Sub- bestos in America Act requires the cre- bestos exposure in New York City fol- stances Control Act (15 U.S.C. 2601 et seq.); ation of a National Mesothelioma Reg- lowing the collapse of the World Trade (4) in 1989, the Administrator promulgated istry to improve tracking of the dis- Center Towers. And in Libby, the EPA final regulations under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et ease. If there had been an asbestos dis- Inspector General’s report cited split seq.) to phase out asbestos in consumer prod- ease tracking system in place, public jurisdiction and multiple standards as ucts by 1997; health officials would have detected one of the reasons EPA didn’t do a bet- (5) in 1991, the United States Court of Ap- the health problems in Libby much ter job of protecting the people of peals for the 5th Circuit overturned the regu- sooner, and may have saved lives. Libby from exposure to asbestos in the lations, and the Administrator did not ap- In addition, the bill authorizes fund- first place. peal the decision to the Supreme Court; ing for 7 mesothelioma treatment cen- The Blue Ribbon Panel will also re- (6) as a result, while new uses of asbestos ters nationwide to improve treatments view the current state of the science on were banned, asbestos is still being used in for and awareness of this fatal cancer. some consumer and industrial products in the human health effects of exposure to the United States; As was the case with Mr. Harvey, who asbestos and other durable fibers, (7) available evidence suggests that— received treatment from the University whether the current definition of as- (A) imports of some types of asbestos-con- of Washington, early detection and bestos containing material should be taining products may be increasing; and proper treatment make the difference modified throughout the Code of Fed- (B) some of those products are imported between life and death. This bill au- eral Regulations, and current research from foreign countries in which asbestos is thorizes $500,000 for each center for five on and technologies for disposal of as- poorly regulated; years. This means more mesothelioma bestos-containing products and con- (8) many people in the United States incor- patients will receive treatments that rectly believe that— taminant asbestos products. The bill (A) asbestos has been banned in the United can prolong their lives. leaves up to the discretion of the Panel States; and In response to the EPA Inspector whether it will expand its scope to in- (B) there is no risk of exposure to asbestos General’s report on Libby, Montana, clude manmade fibers, such as ceramic through the use of new commercial products; EPA committed to create a Blue Rib- and carbon fibers. The Blue Ribbon (9) asbestos has been banned in Argentina, bon Panel on asbestos and other dura- Panel’s recommendations are due 2 Austria, Belgium, Chile, Croatia, Denmark, ble fibers. However, because of insuffi- years after enactment of the Act. Finland, France, Germany, Iceland, Ireland, cient resources, EPA has now narrowed Our Federal agencies need to do a Italy, Latvia, the Netherlands, Norway, Po- the focus of the Panel to address issues land, Saudi Arabia, Sweden, Switzerland, better job of coordinating and working and the United Kingdom; surrounding only the six regulated together on asbestos, which will mean (10) asbestos will be banned throughout the forms of asbestos. The bill requires less confusion for the public and im- European Union in 2005; EPA to expand its Blue Ribbon Panel proved protection for everyone. (11) the World Trade Organization recently on Asbestos to address issues beyond The toll that asbestos has taken on upheld the right of France to ban asbestos, those surrounding the six regulated people’s lives in this country is stag- with the United States Trade Representative forms of asbestos. gering. And while Senators BAUCUS, filing a brief in support of the right of France to ban asbestos; The Ban Asbestos in America Act of CANTWELL, DAYTON, WELLSTONE, and I (12) the 1999 brief by the United States 2002 expands the Blue Ribbon Panel’s continue to mourn the loss of Con- scope to include nonasbestiform asbes- Trade Representative stated, ‘‘In the view of gressman Bruce Vento, Admiral Elmo the United States, chrysotile asbestos is a tos and other durable fibers. The Panel Zumwalt, more than 200 people from toxic material that presents a serious risk to shall include participation by the De- Libby and thousands of others, today human health.’’; partment of Labor, the Department of our message is one of hope. (13) people in the United States have been Health and Human Services and the Our hope is that by continuing to exposed to harmful levels of asbestos as a Consumer Product Safety Commission. work together, we will build support contaminant of other minerals; In its response to the Inspector Gen- for the Ban Asbestos in America Act. If (14) in the town of Libby, Montana, work- ers and residents have been exposed to dan- eral, EPA was originally planning for we can get this legislation passed, the Panel to address implementation of gerous levels of asbestos for generations be- fewer people will be exposed to asbes- cause of mining operations at the W.R. Grace and grant programs under Asbestos tos, fewer people will contract asbestos vermiculite mine located in that town; Hazard Emergency Response Act, cre- diseases in the first place, and those (15) the Agency for Toxic Substances and ation of a National Emissions Standard who already have asbestos diseases will Disease Registry found that over a 20-year for Hazardous Pollutants under the receive treatments to prolong and im- period, ‘‘mortality in Libby resulting from Clean Air Act for contaminant asbes- prove quality of life. I urge my col- asbestosis was approximately 40 to 60 times tos, and other legislative and regu- leagues to support this important leg- higher than expected. Mesothelioma mor- latory options for protecting public tality was also elevated.’’; islation. I ask unanimous consent that (16)(A) in response to this crisis, in Janu- health. the text of the Ban Asbestos in Amer- The Administration also promised for ary 2002, the Governor of Montana requested ica Act of 2002 be printed in the that the Administrator of the Environ- the Panel to review the feasibility of RECORD. mental Protection Agency designate Libby establishing a durable fibers testing There being no objection, the bill was as a Superfund site; and program within EPA, options to im- ordered to be printed in the RECORD, as (B) the Administrator is in the process of prove protections against exposure to follows: placing Libby on the National Priorities List; asbestos in asbestos-containing prod- S. 2641 ucts in buildings, and public education. (17)(A) vermiculite from Libby was shipped Be it enacted by the Senate and House of Rep- for processing to 42 States; and The Ban Asbestos in America Act of resentatives of the United States of America in 2002 requires the Panel to address these (B) Federal agencies are investigating po- Congress assembled, tential harmful exposures to asbestos-con- subjects as EPA originally planned. SECTION 1. SHORT TITLE. taminated vermiculite at sites throughout The legislation also requires the This Act may be cited as the ‘‘Ban Asbes- the United States; and Panel to explore the need to establish tos in America Act of 2002’’. (18) although it is impracticable to ban as- across federal agencies a uniform as- SEC. 2. FINDINGS. bestos entirely because asbestos is a natu- bestos standard and a protocol for de- Congress finds that— rally occurring mineral in the environment tecting and measuring asbestos. Cur- (1) the Administrator of the Environ- and occurs in several deposits throughout rently, asbestos is regulated under at mental Protection Agency has classified as- the United States, Congress needs to do more least 11 statutes. There are different bestos as a category A human carcinogen, to protect the public from exposure to asbes- standards within EPA and across fed- the highest cancer hazard classification for a tos. eral agencies, and agencies rely on dif- substance; SEC. 3. ASBESTOS-CONTAINING PRODUCTS. ferent protocols to detect and measure (2) there is no known safe level of exposure to asbestos; (a) IN GENERAL.—Title II of the Toxic Sub- the substance. This has led to wide- (3)(A) in hearings before Congress in the stances Control Act (15 U.S.C. 2641 et seq.) is spread confusion for the public, for ex- early 1970s, the example of asbestos was used amended— ample, in 2000, there were reports that to justify the need for comprehensive legisla- (1) by inserting before section 201 (15 U.S.C. there was asbestos in crayons. There tion on toxic substances; and 2641) the following:

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.072 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5711 ‘‘Subtitle A—General Provisions’’; ‘‘(A) a uniform asbestos exposure standard; ‘‘(B) the person has made good faith efforts and and to develop a substance, or identify a mineral, (2) by adding at the end the following: ‘‘(B) a protocol for measuring and detect- that— ing asbestos; ‘‘(i) does not present an unreasonable risk ‘‘Subtitle B—Asbestos-Containing Products ‘‘(2) the current state of the science relat- of injury to public health or the environ- ‘‘SEC. 221. DEFINITIONS. ing to the human health effects of exposure ment; and ‘‘In this subtitle: to asbestos and other durable fibers; ‘‘(ii) may be substituted for an asbestos- ‘‘(1) ASBESTOS-CONTAINING PRODUCT.—The ‘‘(3) implementation of subtitle A; containing product. term ‘asbestos-containing product’ means ‘‘(4) grant programs under subtitle A; ‘‘(2) TERMS AND CONDITIONS.—An exemption any product (including any part) to which ‘‘(5) revisions to the national emissions granted under this subsection shall be in ef- asbestos is deliberately or knowingly added standards for hazardous air pollutants pro- fect for such period (not to exceed 1 year) or in which asbestos is deliberately or know- mulgated under the Clean Air Act (42 U.S.C. and subject to such terms and conditions as ingly used in any concentration. 7401 et seq.); the Administrator may prescribe. ‘‘(2) CONTAMINANT-ASBESTOS PRODUCT.—The ‘‘(6) legislative and regulatory options for ‘‘(c) INVENTORY.— term ‘contaminant-asbestos product’ means improving consumer and worker protections ‘‘(1) IN GENERAL.—Subject to paragraph (3), any product that contains asbestos as a con- against harmful health effects of exposure to each covered person (other than an indi- taminant of any mineral or other substance, asbestos and durable fibers; vidual) that possesses an asbestos-containing in any concentration. ‘‘(7) whether the definition of asbestos-con- product that is subject to the prohibition es- ‘‘(3) COVERED PERSON.—The term ‘covered taining material, meaning any material that tablished under this section shall establish person’ means— contains more than 1 percent asbestos by an inventory of the asbestos-containing ‘‘(A) any individual; weight, should be modified throughout the product possessed by the covered person as of ‘‘(B) any corporation, company, associa- Code of Federal Regulations; January 1, 2005. tion, firm, partnership, joint venture, sole ‘‘(8) the feasibility of establishing a dura- ‘‘(2) CONTENTS.—The inventory of a covered proprietorship, or other for-profit or non- ble fibers testing program; person subject to paragraph (1) shall— profit business entity (including any manu- ‘‘(9) options to improve protections against ‘‘(A) be in writing; and facturer, importer, distributor, or processor); exposure to asbestos from asbestos-con- ‘‘(B) include— ‘‘(C) any Federal, State, or local depart- taining products in buildings; ‘‘(i) the type of each asbestos-containing ment, agency, or instrumentality; and ‘‘(10) current research on and technologies product possessed by the covered person; ‘‘(D) any interstate body. for disposal of asbestos-containing products ‘‘(ii) the number of product units of each and contaminant-asbestos products; and ‘‘(4) DISTRIBUTE IN COMMERCE.— asbestos-containing product in the inventory ‘‘(11) at the option of the panel, the effects ‘‘(A) IN GENERAL.—The term ‘distribute in of the covered person; and commerce’ has the meaning given the term on human health that may result from expo- ‘‘(iii) the location of the product units. in section 3. sure to ceramic, carbon, and other manmade ‘‘(3) RECORDS.—The information in an in- fibers. ‘‘(B) EXCLUSIONS.—The term ‘distribute in ventory of a covered person shall be main- commerce’ does not include— ‘‘SEC. 223. STUDY OF ASBESTOS-CONTAINING tained for a period of not less than 3 years. PRODUCTS AND CONTAMINANT-AS- ‘‘(i) an action taken with respect to an as- ‘‘(4) WAIVER.—The Administrator may BESTOS PRODUCTS. waive the application of this subsection to bestos-containing product in connection ‘‘(a) IN GENERAL.—In consultation with the with the end use of the asbestos-containing an end user that possesses a de minimis Secretary of Labor, the Chairman of the quantity of an asbestos-containing product, product by a covered person that is an end International Trade Commission, the Chair- user; or as determined by the Administrator. man of the Consumer Product Safety Com- ‘‘(d) DISPOSAL.— ‘‘(ii) distribution of an asbestos-containing mission, and the Assistant Secretary for Oc- ‘‘(1) IN GENERAL.—Except as provided in product by a covered person solely for the cupational Safety and Health, the Adminis- paragraph (2), not later than June 1, 2005, purpose of disposal of the asbestos-con- trator shall conduct a study on the status of each covered person that possesses an asbes- taining product. the manufacture, processing, distribution in tos-containing product that is subject to the ‘‘(5) DURABLE FIBER.— commerce, ownership, importation, and dis- prohibition established under this section ‘‘(A) IN GENERAL.—The term ‘durable fiber’ posal of asbestos-containing products and shall dispose of the asbestos-containing prod- means a silicate fiber that— contaminant-asbestos products in the United uct, by a means that is in compliance with ‘‘(i) occurs naturally in the environment; States. applicable Federal, State, and local require- and ‘‘(b) ISSUES.—In conducting the study, the ments. ‘‘(ii) is similar to asbestos in— Administrator shall examine— ‘‘(2) EXEMPTION.—Nothing in paragraph ‘‘(I) resistance to dissolution; ‘‘(1) how consumers, workers, and busi- (1)— ‘‘(II) leaching; and nesses use asbestos-containing products and ‘‘(A) applies to an asbestos-containing ‘‘(III) other physical or chemical processes contaminant-asbestos products that are en- product that— expected from contact with lung cells and tering commerce as of the date of enactment ‘‘(i) is no longer in the stream of com- fluids. of this subtitle; and merce; or ‘‘(B) INCLUSIONS.—The term ‘durable fiber’ ‘‘(2) whether consumers and workers are ‘‘(ii) is in the possession of an end user; or includes— being exposed to unhealthful levels of asbes- ‘‘(B) requires that an asbestos-containing ‘‘(i) richterite; tos through exposure to products described product described in subparagraph (A) be re- ‘‘(ii) winchite; in paragraph (1). moved or replaced. ‘‘(iii) erionite; and ‘‘(c) REPORT.—Not later than January 1, ‘‘(iv) nonasbestiform varieties of 2005, the Administrator shall submit to the ‘‘SEC. 225. PUBLIC EDUCATION PROGRAM. chrysotile, crocidolite, amosite, Committee on Energy and Commerce of the ‘‘(a) IN GENERAL.—Not later than March 1, 2005, and subject to subsection (c), in con- anthophyllite, tremolite, and actinolite. House of Representatives and the Committee sultation with the Chairman of the Con- ‘‘(6) FIBER.—The term ‘fiber’ means an on Environment and Public Works of the sumer Product Safety Commission and the acicular single crystal or similarly elongated Senate a report on the results of the study. Secretary of Labor, the Administrator shall polycrystalline aggregate particle with a ‘‘SEC. 224. PROHIBITION ON ASBESTOS-CON- establish a program to increase awareness of length to width ratio of 3 to 1 or greater. TAINING PRODUCTS. ‘‘(a) IN GENERAL.—Subject to subsection the dangers posed by asbestos-containing ‘‘SEC. 222. PANEL ON ASBESTOS AND OTHER DU- (b), the Administrator shall promulgate— products and contaminant-asbestos products RABLE FIBERS. ‘‘(1) not later than January 1, 2004, pro- in the marketplace, including homes and ‘‘(a) PANEL.— posed regulations that prohibit covered per- workplaces. ‘‘(1) IN GENERAL.—The Administrator shall sons from manufacturing, processing, or dis- ‘‘(b) GREATEST RISKS.—In establishing the continue the panel (established by the Ad- tributing in commerce asbestos-containing program, the Administrator shall— ministrator and in existence on the date of products; and ‘‘(1) base the program on the results of the enactment of this subtitle) to study asbestos ‘‘(2) not later than January 1, 2005, final study conducted under section 223; and other durable fibers. regulations that prohibit covered persons ‘‘(2) give priority to asbestos-containing ‘‘(2) PARTICIPATION.—The Secretary of from manufacturing, processing, or distrib- products and contaminant-asbestos products Labor, the Secretary of Health and Human uting in commerce asbestos-containing prod- used by consumers and workers that pose the Services, and the Chairman of the Consumer ucts. greatest risk of injury to human health; and Product Safety Commission shall participate ‘‘(b) EXEMPTIONS.— ‘‘(3) at the option of the Administrator on in the activities of the panel. ‘‘(1) IN GENERAL.—Any person may petition receipt of a recommendation from the panel, ‘‘(b) ISSUES.—The panel shall study and, the Administrator for, and the Adminis- include in the program the conduct of not later than 2 years after the date of enact- trator may grant an exemption from the re- projects and activities to increase public ment of this section, provide the Adminis- quirements of subsection (a) if the Adminis- awareness of the effects on human health trator recommendations for, public edu- trator determines that— that may result from exposure to— cation programs relating to— ‘‘(A) the exemption would not result in an ‘‘(A) durable fibers; and ‘‘(1) the need to establish, for use by all unreasonable risk of injury to public health ‘‘(B) ceramic, carbon, and other manmade Federal agencies— or the environment; and fibers.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.075 pfrm01 PsN: S18PT1 S5712 CONGRESSIONAL RECORD — SENATE June 18, 2002 ‘‘(c) MINIMAL RISKS.—If the Administrator ‘‘(4) The University of Chicago Cancer Re- schools, regardless of the aircraft on determines, on the basis of the study con- search Center, Chicago, Illinois. which they plan to train. I am joined in ducted under section 223, that asbestos-con- ‘‘(5) The University of Pennsylvania Hos- this effort by Senators THOMAS, FEIN- taining products used by consumers and pital, Philadelphia, Pennsylvania. STEIN, and BAYH, and I look forward to workers do not pose an unreasonable risk of ‘‘(6) The University of Texas, through the the Senate’s prompt consideration of injury to human health, the Administrator M.D. Anderson Cancer Research Center shall not be required to conduct a program Houston, Texas. this legislation. under this section. ‘‘(7) The University of Washington, Se- I ask unanimous consent that the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— attle, Washington. text of the bill be printed in the There are authorized to be appropriated such ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— RECORD. sums as are necessary to carry out this sec- There is authorized to be appropriated to There being no objection, the bill was tion.’’. carry out this section $3,500,000 for each of ordered to be printed in the RECORD, as (b) VERMICULITE INSULATION.—Not later fiscal years 2003 through 2007.’’. than 180 days after the date of enactment of follows: this Act, the Administrator of the Environ- SEC. 5. CONFORMING AMENDMENTS. S. 2642 mental Protection Agency and the Consumer The table of contents in section 1 of the Be it enacted by the Senate and House of Rep- Product Safety Commission shall begin a na- Toxic Substances Control Act (15 U.S.C. resentatives of the United States of America in tional campaign to educate consumers prec. 2601) is amended— Congress assembled, concerning— (1) by inserting before the item relating to SECTION 1. FLIGHT SCHOOL BACKGROUND (1) the dangers of vermiculite insulation section 201 the following: CHECKS. that may be contaminated with asbestos; ‘‘Subtitle A—General Provisions’’; Section 44939(a) of title 49, United States and Code, is amended by striking ‘‘having a max- (2) measures that homeowners and business and imum certificated takeoff weight of 12,500 owners can take to protect against those (2) by adding at the end of the items relat- pounds or more’’. dangers. ing to title II the following: SEC. 2. REPORT ON EFFECTIVENESS OF BACK- GROUND CHECK REQUIREMENT. SEC. 4. ASBESTOS-CAUSED DISEASES. ‘‘Subtitle B—Asbestos-Containing Products Subpart 1 of part C of title IV of the Public Within 1 year after the date of enactment ‘‘Sec. 221. Definitions. of this Act, the Secretary of Transportation Health Service Act (42 U.S.C. 285 et seq.) is ‘‘Sec. 222. Panel on asbestos and other amended by adding at the end the following: and the Attorney General shall submit a durable fibers. joint report to the Senate Committee on ‘‘SEC. 417D. RESEARCH ON ASBESTOS-CAUSED ‘‘Sec. 223. Study of asbestos-containing Commerce, Science, and Transportation and DISEASES. products and contaminant-as- ‘‘(a) IN GENERAL.—The Secretary, acting the House of Representatives Committee on bestos products. through the Director of NIH and the Director Transportation and Infrastructure evalu- ‘‘Sec. 224. Prohibition on asbestos-con- of the Centers for Disease Control and Pre- ating the effectiveness of activities con- taining products. vention shall expand, intensify, and coordi- ducted under section 44939 of title 49, United ‘‘Sec. 225. Public education program.’’. nate programs for the conduct and support of States Code. research on diseases caused by exposure to f asbestos, particularly mesothelioma, asbes- By Mr. NELSON of Florida (for tosis, and pleural injuries. himself, Mr. THOMAS, Mrs. STATEMENTS ON SUBMITTED ‘‘(b) ADMINISTRATION.—The Secretary shall FEINSTEIN, and Mr. BAYH): RESOLUTIONS carry out this section— S. 2642. A bill to require background ‘‘(1) through the Director of NIH and the checks of alien flight school applicants SENATE RESOLUTION 287—CON- Director of the Centers for Disease Control without regard to the maximum cer- GRATULATING THE DETROIT and Prevention; and tificated weight of the aircraft for ‘‘(2) in collaboration with the Adminis- RED WINGS ON WINNING THE which they seek training, and to re- trator of the Agency for Toxic Substances 2002 NATIONAL HOCKEY LEAGUE quire a report on the effectiveness of and Disease Registry and the head of any STANLEY CUP CHAMPIONSHIP the requirement; to the Committee on other agency that the Secretary determines AND AGAIN BRINGING THE CUP Commerce, Science, and Transpor- to be appropriate. HOME TO HOCKEYTOWN ‘‘(c) REGISTRY.— tation. ‘‘(1) IN GENERAL.—Not later than 1 year Mr. NELSON of Florida. Madam Mr. LEVIN (for himself and Ms. after the date of enactment of this section, President, in the wake of the Sep- STABENOW) submitted the following the Director of the Centers for Disease Con- tember 11 terrorist attacks, it was dis- resolution; which was considered and trol and Prevention, in cooperation with the agreed to: Director of the National Institute for Occu- covered that many of the hijackers re- S. RES. 287 pational Safety and Health and the Adminis- ceived flight training in the United trator of the Agency for Toxic Substances States. In addition, Zacarias Whereas on June 13, 2002, the Detroit Red and Disease Registry, shall establish a Na- Moussaoui, the alleged ‘‘20th hijacker,’’ Wings (in this resolution referred to as the tional Mesothelioma Registry. was apprehended by investigators in ‘‘Red Wings’’) defeated the Carolina Hurri- ‘‘(2) CONTENTS.—The Registry shall contain canes, 3–1, in game 5 of the National Hockey Minnesota after accounts that he was League championship series; information on diseases caused by exposure only interested in learning to fly, not to asbestos, particularly mesothelioma. Whereas this victory marks the Red Wings’ ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— land, an airplane. 10th Stanley Cup Championship, continuing In addition to amounts made available for Section 113 of the Aviation and the team’s reign as the most storied Amer- the purposes described in subsection (a) Transportation Security Act requires ican hockey team; under other law, there are authorized to be background checks of all foreign flight Whereas this victory marks the Red Wings’ appropriated to carry out this section such school applicants seeking training to third Stanley Cup Championship in the past sums as are necessary for fiscal year 2003 and 6 years, establishing them as one of the great operate aircraft weighing 12,500 pounds dynasties in the history of the National each fiscal year thereafter. or more. While this provision should ‘‘SEC. 417E. MESOTHELIOMA TREATMENT PRO- Hockey League; GRAMS. help ensure that events like the Sep- Whereas the Red Wings, who average over ‘‘(a) FUNDING.—The Secretary, in consulta- tember 11 attacks are not performed by 30 years of age, proved once again that talent tion with the Director of NIH and the Direc- U.S.-trained pilots using hijacked jets and experience can triumph over more tor of the Centers for Disease Control and in the future, it does nothing to pre- youthful competition; Prevention, shall provide not to exceed vent different types of potential at- Whereas the Red Wings had the best record in the National Hockey League for the dec- $500,000 for each of fiscal years 2003 through tacks against our domestic security. 2007 to each institution described in sub- ade of the 1990s as well as this past year; section (b) to strengthen the mesothelioma The FBI recently issued a terrorism Whereas Nicklas Lidstrom, who has an- treatment programs carried out at those in- warning indication that small planes chored the Detroit Defense for 11 years, be- stitutions. might be used to carry out attacks. We came the first European-born player to win ‘‘(b) INSTITUTIONS.—The institutions de- need to ensure that we are not training the Conn Smythe Trophy for the most valu- scribed in this subsection are the following: terrorists to perform these activities. able player in the playoffs; ‘‘(1) The Memorial Sloan-Kettering Hos- We can’t allow critical warnings to go Whereas Marian and Mike Ilitch, the own- pital, New York, New York. unheeded. ers of the Red Wings and community leaders ‘‘(2) The Karmanos Cancer Institute at in Detroit and Michigan, have returned Lord Wayne State University, Detroit, Michigan. Today I am introducing legislation Stanley’s Cup to Detroit yet again; ‘‘(3) The University of California at Los that would close this dangerous loop- Whereas the Red Wings, who have played Angeles Medical School, Los Angeles, Cali- hole by requiring background checks in Detroit since 1926, continue to hold a spe- fornia. on all foreign applicants to U.S. flight cial place in the hearts of all Michiganders;

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.075 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5713 Whereas Detroit, otherwise known as younger competition. However as the had the opportunity to say thanks and ‘‘Hockeytown, U.S.A.’’, is home to the most playoffs progressed, the team only farewell to Scotty Bowman. I also had loyal fans in the world; grew stronger. All questions were put the pleasure of chatting with Stevie Whereas the Red Wings are indebted to re- to rest in game three of the playoffs Yzerman and his family. I wish him a tiring head coach Scotty Bowman, who has brought the Red Wings to the playoffs 7 when 41 year old Igor Larionov scored speedy recovery from his surgery. More times in the last 8 years and who, with this two goals including the game winner in than anything else, he and the rest of year’s victory, has earned his ninth Stanley the third overtime. the wings have been mentors to our Cup victory, surpassing his mentor Toe Though the Wings are known for children—along with being incredible Blake for the most championships in league their powerful offense, it was their hockey players on the ice they are history; smothering defense which led to their charitable public citizens and dedi- Whereas the Red Wings are fortunate to victory. Throughout the playoffs, their cated family members . have the leadership of team captain Steve defense kept the number of scoring I know my Senate Colleagues will Yzerman, who along with being one of the chances for the opposing team to a most respected athletes in all of sports, com- join me and hockey fans around the pleted one of his best seasons ever despite a bare minimum. The anchor of the De- country in congratulating the Red serious leg injury which will require surgery troit defense was Nicklas Lidstrom Wings for bringing hockey’s ‘‘Holy at the end of the season; and who averaged over 31 minutes per game Grail’’ back to Hockeytown. Whereas each one of the Red Wings will be throughout the playoffs and over 35 The PRESIDING OFFICER. The Sen- remembered on the most illustrious sports minutes during the finals. For his ex- ator from Michigan. trophy, the Stanley Cup, as follows: Pavel ceptional contributions, he was award- Ms. STABENOW. Madam President, Datsyuk, Boyd Devereaux, Kris Draper, ed the Conn Smythe trophy as the it was with great joy and excitement Sergei Fedorov, Igor Larionov, Jason Wil- Most Valuable player in the Playoffs. yesterday that I joined with Senator liams, Steve Yzerman, Tomas Holmstrom, Luc Robitaille, Brendan Shanahan, Sean Special recognition is also due to the LEVIN as we celebrated the Stanley Cup Avery, Ladislav Kohn, Brett Hull, Darren Red Wings Captain, Steve Yzerman, win by the Detroit Red Wings. It was a McCarty, Kirk Maltby, Chris Chelios, who has been the team captain since beautiful sunshiny day in Detroit, and Mathieu Dandenault, Steve Duchesne, Jiri 1986. During his career in the Motor over a million people came out to join Fischer, Uwe Krupp, Maxim Kuznetsov, City, this humble star has amassed 175 with all of us in thanking Scotty Bow- Nicklas Lidstrom, Fredrik Olausson, Jiri playoff points, besting the great Gordie man and thanking the entire team for Slegr, Jesse Wallin, Dominik Hasek, and Howe for the team record. For this their wonderful win again this year. We Many Legace: Now, therefore, be it year’s playoffs, Yzerman led the team are so proud, as Senator LEVIN said, of Resolved, That the Senate congratulates the Detroit Red Wings on winning the 2002 with 23 points, second in the NHL. what they do, not only on the ice but National Hockey League Stanley Cup Cham- Along with holding the team record for off the ice. So it is with great pleasure pionship. playoff goals, Stevie, as he is fondly that I join with Senator LEVIN today in Mr. LEVIN. Madam President, I am known in Detroit, is the motivational coauthoring this resolution of tribute submitting today, along with my col- leader of the team. When things were to the Detroit Red Wings. league Senator STABENOW, a resolution going poorly in the series against Van- As has been said, this is the third congratulating the Detroit Red Wings, couver, it was Yzerman who gave the time in 6 years the Detroit Red Wings who on June 13th, 2002, defeated the motivational speech which led to a have won the Stanley Cup. It is the Carolina Hurricanes 3–1 to win their Wings victory and a tide shift in the se- 10th Stanley Cup in total that the De- third Stanley Cup in six years. With ries—all of this despite a knee which troit Red Wings have won. We are this victory, the Wings have further so- will need reconstructive surgery this pleased we are only behind the Mon- lidified their position as one of the off-season. treal Canadiens, that have won it 23 most storied teams in all sports by This victory also marks the end of an times, and the Toronto Maple Leaves, bringing Lord Stanley’s Cup home to era, not only for Detroit, but for the that have won it 13 times. They are the Hockeytown for a 10th time. NHL. Soon after the game ended, Scot- only two teams that have won more Few doubted that this year’s team ty Bowman, the Red Wings coach since Stanley Cups than our own Detroit Red could make a run at the Cup. Many 1993, announced his retirement. When Wings, of which we are so proud. have argued that this was the greatest Scotty came to Detroit nine years ago, We also, yesterday, saw a wonderful hockey roster ever assembled. The last we had been without the Cup for nearly tribute to the head coach and the en- names alone evoke hockey greatness. four decades. However, during his ten- tire coaching staff, but particularly Along with long time stars like ure, the Wings made it to the payoffs Scotty Bowman, who has his ninth Yzerman, Fedorov, Lidstrom, and seven of eight years, and won the Stan- Stanley Cup win in his 30 years, and 9 Shanahan, this season’s team included ley Cup three times. With this, his years with Detroit. This is the most for future hall of famers by the names of ninth Stanley Cup, victory Scotty also any coach in the NHL. Sports Illus- Hull, Robitaille, and Hasek. It was a surpasses his mentor Toe Blake with trated has called him the best coach in team assembled to win, and in the end, the most cups in NHL history and joins any sport. That is high praise. that goal was reached. Red Auerbach and Lakers coach Phil Yesterday, the fans, of whom we have This is not a story of individual tal- Jackson among the coaches with the many—in fact, we in Detroit and in ent, though surely there was a surplus most championship victories in major Michigan believe we have the best fans of that. This is a story of teamwork sports. I join with every Detroiter in in the country, and indeed in the and dedication. Despite the phe- saying, ‘‘Thank you Scotty.’’ world, in Hockeytown everyone joined nomenal play by Detroit’s stars, they Hockey has long been a second reli- in rousing support and thanks to Scot- would not have succeeded had it not gion in Detroit. I fondly remember ty Bowman for all he has done to bring been for the contributions of players going to Red Wings games as a kid this team to another victory and also like Igor Larionov, Tomas Holmstrom, with my big brother, Sander—Con- for leading a group of men who are role Kris Draper, Darren MacCarty and gressman Levin now—and our mother. models both in their sport on the ice as Steve Duchesne. Their selfless dedica- Those teams were also filled with fu- well as in their own communities and tion was exemplified by Duchesne, who ture hall of famers: Sid Abel, Gordie personal lives. sat out only one shift, about ten min- Howe, Teddy Lindsay. These players We are sorry to see Scotty leave, but utes, after losing six teeth to an errant and other Wings alumni established a we are so grateful that he has spent puck. winning tradition which continues to this time in Detroit and that he has During the season many critics this day. given his all to help our team achieve claimed that while Detroit had talent, Yesterday, Senator STABENOW and I the very highest honors possible. the team was too old to endure the joined over a million fans in congratu- Interestingly, we know the Stanley grueling playoffs, which last for over lating this fantastic team. The celebra- Cup was named after Lord Stanley of two months. They claimed that the tion was not only an outpouring of Preston, the Governor General of Can- Wings, who average over 30 years of age emotion and a celebration of talent, it ada. In 1893, he started this award by and have seven players over 35, would was an affirmation of Detroit’s title as purchasing a small, gold-plated, silver succumb to injury or fatigue against Hockeytown. During the ceremonies, I bowl from a London silversmith for $50.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.076 pfrm01 PsN: S18PT1 S5714 CONGRESSIONAL RECORD — SENATE June 18, 2002 The bowl was awarded to the best ‘‘(1) HUMAN CLONING.—The term ‘human (1) Circumstances in the telecommuni- hockey team in Canada. The original cloning’ means implanting or attempting to cations market have changed dramatically cup is actually in a museum. implant the product of nuclear transplan- since the auctioning of spectrum in the 700 It was a great honor, yesterday, for tation into a uterus or the functional equiva- megahertz band was originally mandated by lent of a uterus. Congress in 1997, raising serious questions as me to see our Stanley Cup, to see the ‘‘(2) HUMAN SOMATIC CELL.—The term to whether the original deadlines, or the sub- names that are engraved there, to ‘human somatic cell’ means any human cell sequent revision of the deadlines, are con- know that Detroit has such a high other than a haploid germ cell. sistent with sound telecommunications pol- place of honor, and that the Detroit ‘‘(3) NUCLEAR TRANSPLANTATION.—The term icy and spectrum management principles. Red Wings have once again brought the ‘nuclear transplantation’ means transferring (2) No comprehensive plan yet exists for al- cup home to Detroit. the nucleus of a human somatic cell into an locating additional spectrum for third-gen- So congratulations to the Red Wings. oocyte from which the nucleus or all chro- eration wireless and other advanced commu- nications services. The Federal Communica- We are so proud of you. It is my great mosomes have been or will be removed or rendered inert. tions Commission should have the flexibility pleasure to stand with Senator LEVIN ‘‘(4) NUCLEUS.—The term ‘nucleus’ means to auction frequencies in the 700 megahertz in salute to our Detroit Red Wings the cell structure that houses the chro- band for such purposes. today. mosomes. (3) The study being conducted by the Na- f ‘‘(5) OOCYTE.—The term ‘oocyte’ means the tional Telecommunications and Information female germ cell, the egg. Administration in consultation with the De- AMENDMENTS SUBMITTED AND ‘‘(b) PROHIBITIONS ON HUMAN CLONING.—It partment of Defense to determine whether PROPOSED shall be unlawful for any person or other the Department of Defense can share or re- linquish additional spectrum for third gen- SA 3891. Mr. SPECTER submitted an legal entity, public or private— eration wireless and other advanced commu- amendment intended to be proposed to ‘‘(1) to conduct or attempt to conduct nications services will not be completed amendment SA 3843 proposed by Mr. human cloning; or until after the June 19th auction date for the BROWNBACK to the bill (S. 2600) to ensure the ‘‘(2) to ship the product of nuclear trans- upper 700 megahertz band, and long after the continued financial capacity of insurers to plantation in interstate or foreign commerce applications must be filed to participate in provide coverage for risks from terrorism; for the purpose of human cloning in the the auction, thereby creating further uncer- which was ordered to lie on the table. United States or elsewhere. tainty as to whether the frequencies in the SA 3892. Mr. LEAHY submitted an amend- ‘‘(c) PROTECTION OF RESEARCH.—Nothing in 700 megahertz band will be put to their high- ment intended to be proposed to amendment this section shall be construed to restrict practices not expressly prohibited in this est and best use for the benefit of consumers. SA 3871 submitted by Mr. HATCH and in- (4) The Federal Communications Commis- tended to be proposed to the bill (S. 2600) section. ‘‘(d) PENALTIES.— sion is also in the process of determining supra; which was ordered to lie on the table. ‘‘(1) CRIMINAL PENALTIES.—Whoever inten- how to resolve the interference problems SA 3893. Mr. DASCHLE (for Mr. ENSIGN (for tionally violates paragraph (1) or (2) of sub- that exist in the 800 megahertz band, espe- himself, Mr. KERRY, and Mr. STEVENS)) pro- section (b) shall be fined under this title and cially for public safety. One option being posed an amendment to the bill H.R. 4560, to imprisoned not more than 10 years. considered for the 800 megahertz band would eliminate the deadlines for spectrum auc- ‘‘(2) CIVIL PENALTIES.—Whoever inten- involve the 700 megahertz band. The Com- tions of spectrum previously allocated to tel- tionally violates paragraph (1) or (2) of sub- mission should not hold the 700 megahertz evision broadcasting. auction before the 800 megahertz inter- SA 3894. Mr. REID (for himself and Mr. section (b) shall be subject to a civil penalty of $1,000,000 or three times the gross pecu- ference issues are resolved or a tenable plan SMITH, of New Hampshire) submitted an niary gain resulting from the violation, has been conceived. amendment intended to be proposed by him (5) The 700 megahertz band is currently oc- to the bill S. 2514, to authorize appropria- whichever is greater. ‘‘(3) FORFEITURE.—Any property, real or cupied by television broadcasters, and will be tions for fiscal year 2003 for military activi- so until the transfer to digital television is ties of the Department of Defense, for mili- personal, derived from or used to commit a violation or attempted violation of the pro- completed. This situation creates a tremen- tary construction, and for defense activities dous amount of uncertainty concerning when of the Department of Energy, to prescribe visions of subsection (b), or any property traceable to such property, shall be subject the spectrum will be available and reduces personnel strengths for such fiscal year for the value placed on the spectrum by poten- the Armed Forces, and for other purposes; to forfeiture to the United States in accord- ance with the procedures set forth in chapter tial bidders. The encumbrance of the 700 which was ordered to lie on the table. megahertz band reduces both the amount of SA 3895. Mrs. HUTCHISON (for herself and 46 of title 18, United States Code. ‘‘(e) RIGHT OF ACTION.—Nothing in this sec- money that the auction would be likely to Mr. BROWNBACK) submitted an amendment tion shall be construed to give any indi- produce and the probability that the spec- intended to be proposed by her to the bill S. vidual or person a private right of action.’’. trum would be purchased by the entities that 2514, supra; which was ordered to lie on the valued the spectrum the most and would put table. SA 3892. Mr. LEAHY submitted an the spectrum to its most productive use. SA 3896. Mr. LOTT submitted an amend- amendment intended to be proposed to (6) The Commission’s rules governing vol- ment intended to be proposed by him to the untary mechanisms for vacating the 700 bill S. 2514, supra; which was ordered to lie amendment SA 3871 submitted by Mr. megahertz band by broadcast stations— on the table. HATCH and intended to be proposed to the bill (S. 2600) to ensure the contin- (A) produced no certainty that the band f ued financial capacity of insurers to would be available for advanced mobile com- TEXT OF AMENDMENTS munications services, public safety oper- provide coverage for risks from ter- ations, or other wireless services any earlier SA 3891. Mr. SPECTER submitted an rorism; which was ordered to lie on the than the existing statutory framework pro- amendment intended to be proposed to table; as follows: vides; and amendment SA 3843 proposed by Mr. On page 1, line 4, before ‘‘.’’ insert the fol- (B) should advance the transition of digital BROWNBACK to the bill (S. 2600) to en- lowing: ‘‘except for an individual or corpora- television and must not result in the unjust sure the continued financial capacity tion which engages in wanton, willful, reck- enrichment of any incumbent licensee. of insurers to provide coverage for less or malicious conduct related to an act of SEC. 3. ELIMINATION OF STATUTORY DEADLINES terrorism and any amounts attributable to FOR SPECTRUM AUCTIONS. risks from terrorism; which was or- such punitive damages shall not count as in- (a) FCC TO DETERMINE TIMING OF AUC- dered to lie on the table; as follows: sured losses for purposes of this Act’’. TIONS.—Section 309(j) of the Communications Strike all after ‘‘SEC. ll.’’ and insert the Act of 1934 (47 U.S.C. 309(j)) is amended by following: SA 3893. Mr. DASCHLE (for Mr. EN- adding at the end the following new para- PROHIBITION ON HUMAN CLONING. SIGN (for himself, Mr. KERRY, and Mr. graph: (a) PURPOSE.—It is the purpose of this Act STEVENS)) proposed an amendment to ‘‘(15) COMMISSION TO DETERMINE TIMING OF to prohibit human cloning. the bill H.R. 4560, to eliminate the AUCTIONS.— (b) PROHIBITION.— deadlines for spectrum auctions of ‘‘(A) COMMISSION AUTHORITY.—Subject to the provisions of this subsection (including (1) IN GENERAL.—Title 18, United States spectrum previously allocated to tele- Code, is amended by inserting after chapter paragraph (11)), but notwithstanding any 15, the following: vision broadcasting; as follows: other provision of law, the Commission shall Strike all after the enacting clause and in- determine the timing of and deadlines for ‘‘CHAPTER 16—PROHIBITION ON HUMAN sert the following: the conduct of competitive bidding under CLONING SECTION 1. SHORT TITLE. this subsection, including the timing of and ‘‘Sec. This Act may be cited as the ‘‘Auction Re- deadlines for qualifying for bidding; con- ‘‘301. Prohibition on human cloning. form Act of 2002’’. ducting auctions; collecting, depositing, and ‘‘§ 301. Prohibition on human cloning SEC. 2. FINDINGS. reporting revenues; and completing licensing ‘‘(a) DEFINITIONS.—In this section: Congress finds the following: processes and assigning licenses.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.084 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5715

‘‘(B) TERMINATION OF PORTIONS OF AUCTIONS assigned for digital broadcasting in order to ‘‘(d) DEFINITIONS.—In this section: 31 AND 44.—Except as provided in subpara- continue analog broadcasting during the ‘‘(1) The term ‘retired pay’ includes re- graph (C), the Commission shall not com- transition to digital broadcasting, the Fed- tainer pay, emergency officers’ retirement mence or conduct auctions 31 and 44 on June eral Communications Commission may not, pay, and naval pension. 19, 2002, as specified in the public notices of either at the time of the grant or thereafter, ‘‘(2) The term ‘veterans’ disability com- March 19, 2002, and March 20, 2002 (DA 02–659 waive or otherwise reduce— pensation’ has the meaning given the term and DA 02–563). (1) the spacing requirements provided for ‘compensation’ in section 101(13) of title 38.’’. ‘‘(C) EXCEPTION.— analog broadcasting licensees within chan- (b) REPEAL OF SPECIAL COMPENSATION PRO- ‘‘(i) BLOCKS EXCEPTED.—Subparagraph (B) nels 2–51 as required by section 73.610 of the GRAM.—Section 1413 of such title is repealed. shall not apply to the auction of— Commission’s rules (and the table contained (c) CONFORMING AMENDMENT.—Section ‘‘(I) the C-block of licenses on the bands of therein) (47 CFR 73.610), or 641(d) of the National Defense Authorization frequencies located at 710–716 megahertz, and (2) the interference standards provided for Act for Fiscal Year 2002 (Public Law 107–107; 740–746 megahertz; or digital broadcasting licensees within chan- 115 Stat. 1150; 10 U.S.C. 1414 note) is repealed. ‘‘(II) the D-block of licenses on the bands nels 2–51 as required by sections 73.622 and (d) CLERICAL AMENDMENTS.—The table of of frequencies located at 716–722 megahertz. 73.623 of such rules (47 CFR 73.622, 73.623), sections at the beginning of chapter 71 of ‘‘(ii) ELIGIBLE BIDDERS.—The entities that if such waiver or reduction will result in any title 10, United States Code, is amended by shall be eligible to bid in the auction of the degradation in or loss of service, or an in- striking the items relating to sections 1413 C-block and D-block licenses described in creased level of interference, to any tele- and 1414 and inserting the following new clause (i) shall be those entities that were vision household except as the Commission’s item: qualified entities, and that submitted appli- rules would otherwise expressly permit, ex- ‘‘1414. Members eligible for retired pay who cations to participate in auction 44, by May clusive of any waivers previously granted. have service-connected disabil- 8, 2002, as part of the original auction 44 (b) EXCEPTION FOR PUBLIC SAFETY CHANNEL ities: payment of retired pay short form filing deadline. CLEARING.—The restrictions in subsection (a) and veterans’ disability com- ‘‘(iii) AUCTION DEADLINES FOR EXCEPTED shall not apply to a station licensee that is pensation.’’. BLOCKS.—Notwithstanding subparagraph (B), seeking authority (either by waiver or other- (e) EFFECTIVE DATE.—The amendments the auction of the C-block and D-block li- wise) to vacate the frequencies that con- made by this section shall take effect on— censes described in clause (i) shall be com- stitute television channel 63, 64, 68, or 69 in (1) the first day of the first month that be- menced no earlier than August 19, 2002, and order to make such frequencies available for gins after the date of the enactment of this no later than September 19, 2002, and the pro- public safety purposes pursuant to the provi- Act; or ceeds of such auction shall be deposited in sions of section 337 of the Communications (2) the first day of the fiscal year that be- accordance with paragraph (8) not later than Act of 1934 (47 U.S.C. 337). gins in the calendar year in which this Act is December 31, 2002. Mr. REID (for himself and enacted, if later than the date specified in ‘‘(iv) REPORT.—Within one year after the SA 3894. paragraph (1). date of enactment of this paragraph, the Mr. SMITH of New Hampshire) sub- (f) PROHIBITION ON RETROACTIVE BENE- Commission shall submit a report to mitted an amendment intended to be FITS.—No benefits may be paid to any person Congress— proposed by him to the bill S. 2514, to by reason of section 1414 of title 10, United ‘‘(I) specifying when the Commission in- authorize appropriations for fiscal year States Code, as amended by subsection (a), tends to reschedule auctions 31 and 44 (other 2003 for military activities of the De- for any period before the effective date speci- than the blocks excepted by clause (i)); and partment of Defense, for military con- fied in subsection (e). ‘‘(II) describing the progress made by the struction, and for defense activities of Commission in the digital television transi- SA 3895. Mrs. HUTCHISON (for her- the Department of Energy, to prescribe tion and in the assignment and allocation of self and Mr. BROWNBACK) submitted an additional spectrum for advanced mobile personnel strengths for such fiscal year amendment intended to be proposed by communications services that warrants the for the Armed Forces, and for other her to the bill S. 2514, to authorize ap- scheduling of such auctions. purposes; which was ordered to lie on propriations for fiscal year 2003 for ‘‘(D) RETURN OF PAYMENTS.—Within one the table; as follows: military activities of the Department month after the date of enactment of this Strike section 641 and insert the following: paragraph, the Commission shall return to of Defense, for military construction, SEC. 641. PAYMENT OF RETIRED PAY AND COM- and for defense activities of the De- the bidders for licenses in the A-block, B- PENSATION TO DISABLED MILITARY block, and E-block of auction 44 the full RETIREES. partment of Energy, to prescribe per- amount of all upfront payments made by (a) IN GENERAL.—Section 1414 of title 10, sonnel strengths for such fiscal year such bidders for such licenses.’’. United States Code, is amended to read as for the Armed Forces, and for other (b) CONFORMING AMENDMENTS.— follows: purposes; which was ordered to lie on (1) COMMUNICATIONS ACT OF 1934.—Section ‘‘§ 1414. Members eligible for retired pay who the table; as follows: 309(j)(14)(C)(ii) of the Communications Act of have service-connected disabilities: pay- At the end add the following: 1934 (47 U.S.C. 309(j)(14)(C)(ii)) is amended by ment of retired pay and veterans’ disability DIVISION D—REVENUE PROVISIONS striking the second sentence. compensation (2) BALANCED BUDGET ACT OF 1997.—Section SEC. . MARRIAGE PENALTY RELIEF PROVISIONS ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND 3007 of the Balanced Budget Act of 1997 (111 MADE PERMANENT. COMPENSATION.—Except as provided in sub- Stat. 269) is repealed. Title IX of the Economic Growth and Tax section (b), a member or former member of (3) CONSOLIDATED APPROPRIATIONS ACT.— Relief Reconciliation Act of 2001 (relating to the uniformed services who is entitled to re- Paragraphs (2) and (3) of section 213(a) of sunset of provisions of Act) shall not apply tired pay (other than as specified in sub- H.R. 3425 of the 106th Congress, as enacted to title III of such Act (relating to marriage section (c)) and who is also entitled to vet- into law by section 1000(a)(5) of an Act mak- penalty relief). erans’ disability compensation is entitled to ing consolidated appropriations for the fiscal be paid both without regard to sections 5304 year ending September 30, 2000, and for other SA 3896. Mr. LOTT submitted an and 5305 of title 38. purposes (Public Law 106–113; 113 Stat. 1501A– amendment intended to be proposed by ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER 295), are repealed. RETIREES.—The retired pay of a member re- him to the bill S. 2514, to authorize ap- SEC. 4. COMPLIANCE WITH AUCTION AUTHORITY. tired under chapter 61 of this title with 20 propriations for fiscal year 2003 for The Federal Communications Commission years or more of service otherwise creditable military activities of the Department shall conduct rescheduled auctions 31 and 44 under section 1405 of this title at the time of of Defense, for military construction, prior to the expiration of the auction author- the member’s retirement is subject to reduc- and for defense activities of the De- ity under section 309(j)(11) of the Commu- tion under sections 5304 and 5305 of title 38, nications Act of 1934 (47 U.S.C. 309(j)(11)). partment of Energy, to prescribe per- but only to the extent that the amount of sonnel strengths for such fiscal year SEC. 5. PRESERVATION OF BROADCASTER OBLI- the member’s retired pay under chapter 61 of GATIONS. this title exceeds the amount of retired pay for the Armed Forces, and for other Nothing in this Act shall be construed to to which the member would have been enti- purposes; which was ordered to lie on relieve television broadcast station licensees tled under any other provision of law based the table; as follows: of the obligation to complete the digital tel- upon the member’s service in the uniformed On page 100, between lines 3 and 4, insert evision service conversion as required by sec- services if the member had not been retired the following: tion 309(j)(14) of the Communications Act of under chapter 61 of this title. SEC. 503. REINSTATEMENT OF AUTHORITY TO RE- 1934 (47 U.S.C. 309(j)(14)). ‘‘(c) EXCEPTION.—Subsection (a) does not DUCE SERVICE REQUIREMENT FOR SEC. 6. INTERFERENCE PROTECTION. apply to a member retired under chapter 61 RETIREMENT IN GRADES ABOVE 0–4. (a) INTERFERENCE WAIVERS.—In granting a of this title with less than 20 years of service Section 1370 of title 10, United States Code, request by a television broadcast station li- otherwise creditable under section 1405 of is amended by striking ‘‘December 31, 2001’’ censee assigned to any of channels 52–69 to this title at the time of the member’s retire- in subsections (a)(2)(A) and (d)(5) and insert- utilize any channel of channels 2–51 that is ment. ing ‘‘September 30, 2004’’.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.080 pfrm01 PsN: S18PT1 S5716 CONGRESSIONAL RECORD — SENATE June 18, 2002 NOTICES OF HEARINGS/MEETINGS the Judiciary be authorized to meet to Claims Settlement Act related to Cape COMMITTEE ON AGRICULTURE, NUTRITION, AND conduct a hearing on ‘‘Protecting the Fox Corporation and Sealaska Corpora- FORESTRY Innocent: Proposals to Reform the tion; Mr. HARKIN. Mr. President, I would Death Penalty’’ on Tuesday, June 18, S. 2471, to provide for the inde- like to announce that the Committee 2002, in Dirksen Room 226 at 10 a.m. pendent investigation of Federal wildland firefighter fatalities; and on Agriculture, Nutrition, and For- Witness List estry will conduct a hearing on June S. 2482, to direct the Secretary of the 25, 2002, in SR–328A at 10 a.m. The pur- Panel I: The Honorable William D. Interior to grant to Deschutes and pose of this hearing will be to consider Delahunt, United States Representa- Crook Counties in the State of Oregon nominations. tive (D–10th District, MA); and the a right-of-way to West Butte Road. Honorable Ray LaHood, United States The PRESIDING OFFICER. Without f Representative (R–18th District, IL). objection, it is so ordered. AUTHORITY FOR COMMITTEES TO Panel II: Mr. Barry Scheck, Co- f MEET founder, The Innocence Project, Ben- PRIVILEGES OF THE FLOOR COMMITTEE ON BANKING, HOUSING, AND URBAN jamin N. Cardozo School of Law, New AFFAIRS York, NY; Mr. James S. Liebman, Mr. REID. Madam President, I ask Mr. REID. Mr. President, I ask unan- Simon H. Rifkind Professor of Law, Co- unanimous consent that Kim imous consent that the committee on lumbia Law School, New York, NY; Mr. Vandecar, a fellow with the Commerce Banking, Housing, and Urban Affairs Larry Yackle, Professor of Law, Boston Committee, be granted the privileges be authorized to meet during the ses- University Law School, Boston, MA; of the floor for the duration of the ter- sion of the Senate on Tuesday, June 18, the Honorable Paul A. Logli, State’s rorism insurance debate. The PRESIDING OFFICER. Without 2002, at 10 a.m., to conduct a markup of Attorney, Winnebago County, Illinois, objection, it is so ordered. the Public Company Accounting Re- Rockford, IL; and Mr. William G. Otis, Mr. LEVIN. Madam President, I ask form and Investor Protector Act of Adjunct Professor of Law, George unanimous consent that the following 2002. Mason University Law School, Falls named staff members of the Committee The PRESIDING OFFICER. Without Church, VA. on Armed Services be granted the objection, it is so ordered. The PRESIDING OFFICER. Without privilege of the floor at all times dur- COMMITTEE ON FINANCE objection, it is so ordered. ing the Senate’s consideration of and Mr. REID. Mr. President, I ask unan- SELECT COMMITTEE ON INTELLIGENCE votes relating to S. 2514, the National imous consent that the Committee on Mr. REID. Mr. President, I ask unan- Defense Authorization Act for Fiscal Finance be authorized to meet during imous consent that the Select Com- Year 2003; the session of the Senate on Tuesday, mittee on Intelligence be authorized to Dara R. Alpert, Charles W. Alsup, Judith June 18, 2002, at 10 a.m., to hear testi- meet during the session of the Senate A. Ansley, Kenneth Barbee, Michael N. mony regarding Elder Justice: Pro- on Tuesday, June 18, 2002 at 10:00 a.m. Berger, Leah C. Brewer, David L. tecting Seniors from Abuse and Ne- and 2:30 p.m. to hold a closed hearing Cherington, Christine E. Cowart, Daniel J. glect. on the Joint Inquiry into the events of Cox, Jr., Madelyn R. Creedon, Kenneth M. The PRESIDING OFFICER. Without Crosswait. September 11, 2001. objection, it is so ordered. Richard D. DeBobes, Marie F. Dickinson, The PRESIDING OFFICER. Without Edward H. Edens IV, Gabriella Eisen, Evelyn COMMITTEE ON FINANCE objection, it is so ordered. N. Farkas, Richard W. Fieldhouse, Daniel K. Mr. REID. Mr. President, I ask unan- SUBCOMMITTE ON CONSUMER AFFAIRS, FOREIGN Goldsmith, Brien R. Green, Creighton Green, imous consent that the Committee on COMMERCE, AND TOURISM William C. Greenwalt, Gary M. Hall, Carolyn Finance be authorized to meet during Mr. REID. Mr. President, I ask unan- M. Hanna, Mary Alice A. Hayward, Jeremy the session of the Senate on Tuesday, imous consent that the Subcommittee L. Hekhuis. June 18, 2002, at 2:30 p.m. The Com- Ambrose R. Hock, Gary J. Howard, Robert on Consumer Affairs, Foreign Com- mittee on Finance intends to complete Andrew Kent, Jennifer Key, George W. merce and Tourism be authorized to a mark up on H.R. 7, to provide incen- Lauffer, Maren R. Leed, Gerald J. Leeling, meet on steroid use in professional Peter K. Levine, Patricia L. Lewis, David S. tives for charitable contributions; S. Lyles. 2498, the Tax Shelter Transparency baseball and antidoping issues in ama- teur sports on Tuesday, June 18, 2002, Thomas L. MacKenzie, Michael J. McCord, Act; and S. 2119, the Reversing the Ex- Ann M. Mittermeyer, Thomas C. Moore, patriation of Profits Offshore Act. at 9:30 a.m. Cindy Pearson, Arun A. Seraphin, Joseph T. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Sizeas, Christina D. Still, Carmen Leslie objection, it is so ordered. objection, it is so ordered. Stone, Scott W. Stucky, Mary Louise Wag- COMMITTEE ON ENVIRONMENT AND PUBLIC SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS ner, Richard F. Walsh, Nicholas W. West, Bridget M. Whalan. WORKS Mr. REID Mr. President, I ask unani- Mr. REID. Mr. President, I ask unan- mous consent that the Subcommittee The PRESIDING OFFICER. Without imous consent that the Committee on on Public Lands and Forests of the objection, it is so ordered. Environment and Public Works be au- Committee on Energy and Natural Re- Mr. WARNER. Madam President, I thorized to meet on Tuesday, June 18, sources be authorized to hold a hearing ask unanimous consent that Brett 2002 at 2:30 p.m. to hold a hearing on during the session of the Senate on Rota, senator ENSIGN’s legislative as- issues pertaining to water resources de- Tuesday, June 18, at 2:20 p.m. in SD– sistant; Mark Swayne, a military fel- velopment programs within the U.S. 366. The purpose of this hearing is to low working in my office; Randy Rotte Army Corps of Engineers. The hearing receive testimony on the following and J. C. Nicholson, fellows in the Of- will be held in SD–406. bills: fice of Senator HUTCHISON; and William The PRESIDING OFFICER. Without S. 198, to require the Secretary of the Zirzow, a DOD legislative fellow in the objection, it is so ordered. Interior to establish a program to pro- Office of Senator COLLINS be granted the privilege of the floor throughout COMMITTEE ON INDIAN AFFAIRS vide assistance through states to eligi- Mr. REID. Mr. President, I ask unan- ble weed management entities to con- the debate on S. 2514. The PRESIDING OFFICER. Without imous consent that the Committee on trol or eradicate harmful, nonnative objection, it is so ordered. Indian Affairs be authorized to meet on weeds on public and private land; Tuesday, June 18, 2002, at 10 a.m. in S. 1846, to prohibit oil and gas drill- f Room 485 of the Russell Senate Office ing in Finger Lakes National Forest in EXECUTIVE SESSION Building to conduct an oversight hear- the State of New York; ing on the implementation of the Texas S. 1879, to resolve the claims of Cook Restoration Act, Public Law 100–89. Inlet Region, Inc., to lands adjacent to CONVENTION ON RIGHTS OF THE The PRESIDING OFFICER. Without the Russian River in the State of Alas- CHILD ON INVOLVEMENT OF objection, it is so ordered. ka; CHILDREN IN ARMED CONFLICT— COMMITTEE ON THE JUDICIARY S. 2222, to resolve certain convey- TREATY DOCUMENT NO. 106–37A Mr. REID. Mr. President, I ask unan- ances and provide for alternative land Mr. REID. Madam President, I ask imous consent that the Committee on selections under the Alaska Native unanimous consent that the Senate

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.082 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5717 proceed to executive session to con- available to the person at the time the per- (ii) REPORT BY THE SECRETARY OF DE- sider Executive Calendar No. 5, the Op- son planned, authorized, or executed the ac- FENSE.—Not later than 30 days after any sig- tional Protocol No. 1 to the Convention tion under review, and shall not be judged on nificant change in the policies of the mili- on Rights of the Child on Involvement the basis of information that comes to light tary departments in implementing the obli- after the action under review was taken. gation set forth in Article 1 of the Protocol, of Children in Armed Conflict; that the (3) MINIMUM AGE FOR VOLUNTARY RECRUIT- the Secretary of Defense shall submit a re- protocol be considered as having ad- MENT.—The United States understands that port to the Committee on Foreign Relations vanced through its parliamentary Article 3 of the Protocol obligates States and the Committee on Armed Services of the stages up to and including the presen- Parties to the Protocol to raise the min- Senate describing the change and the ration- tation of the resolution for ratification imum age for voluntary recruitment into ale therefor. their national armed forces from the current and that the understandings and condi- f tions be agreed to. international standard of 15 years of age. (4) ARMED GROUPS.—The United States un- CONVENTION ON THE RIGHTS OF The PRESIDING OFFICER. Without derstands that the term ‘‘armed groups’’ in THE CHILD ON THE SALE OF objection, it is so ordered. Article 4 of the Protocol means nongovern- Mr. REID. Madam President, I ask CHILDREN, CHILD PROSTITUTION mental armed groups such as rebel groups, AND CHILD PORNOGRAPHY— for a division. dissident armed forces, and other insurgent The PRESIDING OFFICER. A divi- groups. TREATY DOCUMENT NO. 106–37B sion has been requested. Senators in (5) NO BASIS FOR JURISDICTION BY ANY Mr. REID. Madam President, I ask favor of the ratification will rise and INTERNATIONAL TRIBUNAL.—The United unanimous consent that the Senate stand until counted. (After a pause.) States understands that nothing in the Pro- now proceed to the consideration of Ex- Those opposed will rise and stand until tocol establishes a basis for jurisdiction by ecutive Calendar No. 6, the Optional any international tribunal, including the counted. International Criminal Court. Protocol No. 2 to the Convention on On a division, two-thirds of the Sen- SEC. 3. CONDITIONS. the Rights of the Child on the Sale of ators present having voted in the af- The advice and consent of the Senate Children, Child Prostitution and Child firmative, the resolution of ratifica- under section 1 is subject to the following Pornography; that the protocol be con- tion, with its understandings and con- conditions: sidered as having advanced through its ditions, was agreed to as follows: (1) REQUIREMENT TO DEPOSIT DECLARA- parliamentary stages up to and includ- Resolved (two-thirds of the Senators present TION.—The President shall, upon ratification ing the presentation of the resolution concurring therein), of the Protocol, deposit a binding declara- of ratification; and that the reserva- tion under Article 3(2) of the Protocol that SECTION 1. ADVICE AND CONSENT TO RATIFICA- tion, understandings, declaration, and TION OF THE OPTIONAL PROTOCOL states in substance that— TO THE CONVENTION ON THE (A) the minimum age at which the United condition be agreed to. RIGHTS OF THE CHILD ON THE IN- States permits voluntary recruitment into The PRESIDING OFFICER. Without VOLVEMENT OF CHILDREN IN the Armed Forces of the United States is 17 objection, it is so ordered. ARMED CONFLICT, SUBJECT TO UN- years of age; Mrs. BOXER. Madam President, I am DERSTANDINGS AND CONDITIONS. (B) the United States has established safe- The Senate advises and consents to the very pleased that today the Senate is guards to ensure that such recruitment is approving two Optional Protocols to ratification of the Optional Protocol to the not forced or coerced, including a require- Convention on the Rights of the Child on the ment in section 505(a) of title 10, United the U.N. Convention on the Rights of Involvement of Children In Armed Conflict, States Code, that no person under 18 years of the Child. The Optional Protocol on In- opened for signature at New York on May 25, age may be originally enlisted in the Armed volvement of Children in Armed Con- 2000 (Treaty Doc. 106–37; in this resolution re- Forces of the United States without the flict, also known as the Child Soldiers ferred to as the ‘‘Protocol’’), subject to the written consent of the person’s parent or Protocol, aims to prevent children understandings in section 2 and the condi- guardian, if the parent or guardian is enti- under the age of 18 from directly par- tions in section 3. tled to the person’s custody and control; SEC. 2. UNDERSTANDINGS. ticipating in hostilities. The second (C) each person recruited into the Armed treaty, the Optional Protocol on the The advice and consent of the Senate Forces of the United States receives a com- under section 1 is subject to the following prehensive briefing and must sign an enlist- Sale of Children, Child Prostitution understandings, which shall be included in ment contract that, taken together, specify and Child Pornography aims to the United States instrument of ratification the duties involved in military service; and strengthen efforts to put a stop to the of the Protocol: (D) all persons recruited into the Armed trafficking and exploitation of chil- (1) NO ASSUMPTION OF OBLIGATIONS UNDER Forces of the United States must provide re- dren. THE CONVENTION ON THE RIGHTS OF THE liable proof of age before their entry into Last March, I chaired a Senate For- CHILD.—The United States understands that military service. eign Relations Committee hearing on the United States assumes no obligations (2) INTERPRETATION OF THE PROTOCOL.—The under the Convention on the Rights of the Senate reaffirms condition (8) of the resolu- these two Protocols that featured Child by becoming a party to the Protocol. tion of ratification of the Document Agreed members of the State, Justice, and De- (2) IMPLEMENTATION OF OBLIGATION NOT TO Among the States Parties to the Treaty on fense Departments. I appreciate the co- PERMIT CHILDREN TO TAKE DIRECT PART IN Conventional Armed Forces in Europe (CFE) operation the committee received from HOSTILITIES.—The United States understands of November 19, 1990 (adopted at Vienna on these agencies in making ratification that, with respect to Article 1 of the May 31, 1996), approved by the Senate on May of these two treaties possible. The Protocol— 14, 1997 (relating to condition (1) of the reso- hearing also featured a panel of private (A) the term ‘‘feasible measures’’ means lution of ratification of the INF Treaty, ap- those measures that are practical or prac- proved by the Senate on May 27, 1988). witnesses that was led by Jo Becker, a tically possible, taking into account all the (3) REPORTS.— tireless advocate on the issue of ban- circumstances ruling at the time, including (A) INITIAL REPORT.—Not later than 90 days ning the use of child soldiers. humanitarian and military considerations; after the deposit of the United States instru- During her testimony, Ms. Becker (B) the phrase ‘‘direct part in hostilities’’— ment of ratification, the Secretary of De- pointed out that in Afghanistan, two (i) means immediate and actual action on fense shall submit to the Committee on For- generations of children have been sub- the battlefield likely to cause harm to the eign Relations and the Committee on Armed ject to recruitment, first into the re- enemy because there is a direct causal rela- Services of the Senate a report describing sistance to Soviets forces, and then tionship between the activity engaged in and the measures taken by the military depart- into various warring factions. It is the harm done to the enemy; and ments to comply with the obligation set (ii) does not mean indirect participation in forth in Article 1 of the Protocol. The report well-known that the Taliban recruited hostilities, such as gathering and transmit- shall include the text of any applicable regu- children from the religious schools in ting military information, transporting lations, directives, or memoranda governing Pakistan. weapons, munitions, or other supplies, or the policies of the departments in imple- The Child Soldiers Protocol requires forward deployment; and menting that obligation. parties to the treaty to (1) take ‘‘all (C) any decision by any military com- (B) SUBSEQUENT REPORTS.— feasible measures’’ to ensure that indi- mander, military personnel, or other person (i) REPORT BY THE SECRETARY OF STATE.— viduals under the age of 18 do not take responsible for planning, authorizing, or exe- The Secretary of State shall submit to the a ‘‘direct part’’ in hostilities; (2) ban cuting military action, including the assign- Committee on Foreign Relations and the ment of military personnel, shall only be Committee on Armed Services of the Senate involuntary recruitment into the judged on the basis of all the relevant cir- a copy of any report submitted to the Com- armed forces for those under the age of cumstances and on the basis of that person’s mittee on the Rights of the Child pursuant 18; and (3) raise the minimum age for assessment of the information reasonably to Article 8 of the Protocol. voluntary recruitment into the armed

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.089 pfrm01 PsN: S18PT1 S5718 CONGRESSIONAL RECORD — SENATE June 18, 2002 forces from the current benchmark of two other forced laborers who tried to that, to the extent that the domestic law of 15 years of age to that of 16 or higher. escape from a coffee plantation in the the United States does not provide for juris- Under current law, the minimum age Ivory Coast. diction over an offense described in Article 3(1) of the Protocol if the offense is com- for voluntary recruitment in the U.S. A 14-year-old girl from Mexico was mitted on board a ship or aircraft registered is already set at 17. brutally raped and then prostituted for in the United States, the obligation with re- Why is ratification of the child Sol- months by traffickers in Florida who spect to jurisdiction over that offense shall diers Protocol important? Right now, lured her there by promising a job in not apply to the United States until such an estimated 300,000 children under the the restaurant industry. time as the United States may notify the age of 18 are currently fighting in more An 11-year-old in Thailand was in- Secretary-General of the United Nations than 30 conflicts around the world. In cluded in a sexually explicit videotape that United States domestic law is in full conformity with the requirements of Article places like Sierra Leone, children have produced by a pornographer in the 4(1) of the Protocol. been kidnapped by rebel groups, given United States. SEC. 3. UNDERSTANDINGS. drugs, and forced to commit atrocities. Under the Protocol, countries are en- The advice and consent of the Senate Child soldiers not only lose their child- couraged to cooperate to protect chil- under section 1 is subject to the following hood, they develop psychological scars, dren trafficked across borders. The Op- understandings, which shall be included in they suffer physical injuries, and, in tional Protocol also calls on nations to the United States instrument of ratification the worst cases, they die. ensure that children who have been of the Protocol: (1) NO ASSUMPTION OF OBLIGATIONS UNDER Listen to the story of a 16-year old sexually trafficked, exploited or sexu- CONVENTION ON THE RIGHTS OF THE CHILD.— girl who was abducted by the Lord’s ally abused receive services to ensure a The United States understands that the Resistance Army in Uganda: complete physical and psychological United States assumes no obligations under One boy tried to escape, but he was caught recovery. the Convention on the Rights of the Child by . . . his hands were tied, and they made us, Ratification of this treaty is impor- becoming a party to the Protocol. the other new captives, kill him with a stick. tant to protect these vulnerable chil- (2) THE TERM ‘‘SALE OF CHILDREN’’.—The I felt sick. I knew this boy from before. We dren. These children cannot often get United States understands that the term were from the same village. I refused to kill help on their own—not only because of ‘‘sale of children’’, as defined in Article 2(a) of the Protocol, is intended to cover any him and they told me they would shoot me. their young age—but also because they They pointed a gun at me, so I had to do it. transaction in which remuneration or other The boy was asking me. ‘‘Why are you doing have no birth certificates or official consideration is given and received under this?’’ I said I had no choice. After we killed documents. They are, in effect, ‘‘invis- circumstances in which a person who does him, they made us smear his blood on our ible.’’ not have a lawful right to custody of the arms . . . They said we had to do this so we Earlier this year, both of these proto- child thereby obtains de facto control over would not fear death and so we would not try cols attained the necessary 10 ratifica- the child. to escape . . . I still dream about the boy tions to make them operative. The (3) THE TERM ‘‘CHILD PORNOGRAPHY’’.— The from my village who I killed. I see him in my United States understands the term ‘‘child Child Soldier Protocol entered into pornography’’, as defined in Article 2(c) of dreams, and he is talking to me and saying force on February 12. The Sale of Chil- I killed him for nothing, and I am crying. the Protocol, to mean the visual representa- dren Protocol entered into force on tion of a child engaged in real or simulated Here is another story from a former January 18. sexual activities or of the genitalia of a child child soldier in Sierra Leone: Once again, I am pleased that the where the dominant characteristic is depic- ‘‘Most times I dream, I have a gun, United States is adding its name as a tion for a sexual purpose. I’m firing, I’m killing, amputating. I ratifying party to these two treaties (4) THE TERM ‘‘TRANSFER OF ORGANS FOR feel afraid thinking that perhaps these and I hope that more nations join us in PROFIT’’.—The United States understands that— things will happen to me again. Some- expanding international protections for times I cry...’’ (A) the term ‘‘transfer of organs for prof- children. it’’, as used in Article 3(1)(a)(i) of the Pro- And finally another says, ‘‘my Mr. REID. I ask for a division vote. tocol, does not cover any situation in which schoolmates and I met our old teacher, The PRESIDING OFFICER. A divi- a child donates an organ pursuant to lawful and we knocked him down. We killed sion has been requested. Senators in consent; and the teacher and we took his books and favor of ratification please stand. (B) the term ‘‘profit’’, as used in Article burned them.’’ (After a pause.) Those opposed will rise 3(1)(a)(i) of the Protocol, does not include I am proud that the Senate is taking the lawful payment of a reasonable amount and stand until counted. associated with the transfer of organs, in- action today to put an end to these sto- On a division, two-thirds of the Sen- ries. Formally adopting the protocol’s cluding any payment for the expense of trav- ators present having voted in the af- el, housing, lost wages, or medical costs. standards for U.S. military operations firmative, the resolution of ratifica- (5) THE TERMS ‘‘APPLICABLE INTERNATIONAL will enable the U.S. to be able to effec- tion, with its reservation, under- LEGAL INSTRUMENTS’’ AND ‘‘IMPROPERLY IN- tively pressure other governments and standings, declaration and condition, DUCING CONSENT’’.— forces to end the use of children within was agreed to as follows: (A) UNDERSTANDING OF ‘‘APPLICABLE INTER- NATIONAL LEGAL INSTRUMENTS’’.—The United their own military ranks. Resolved (two-thirds of the Senators present States understands that the term ‘‘applica- The second treaty the Senate is ap- concurring therein), ble international legal instruments’’ in Arti- proving today is the Protocol on the SECTION 1. ADVICE AND CONSENT TO RATIFICA- Sale of Children, Child Prostitution cles 3(1)(a)(ii) and 3(5) of the Protocol refers TION OF THE OPTIONAL PROTOCOL to the Convention on Protection of Children TO THE CONVENTION ON THE and Child Pornography. The Sale of and Co-operation in Respect of Intercountry Children Protocol requires parties to RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITU- Adoption done at The Hague on May 29, 1993 the treaty to make sure that these acts TION, AND CHILD PORNOGRAPHY, (in this paragraph referred to as ‘‘The Hague are fully covered by penal or criminal SUBJECT TO A RESERVATION, UN- Convention’’). law. DERSTANDINGS, A DECLARATION, (B) NO OBLIGATION TO TAKE CERTAIN AC- The abuse of children is a global AND A CONDITION. TION.—The United States is not a party to The Senate advises and consents to the The Hague Convention, but expects to be- problem. Millions of boys and girls ratification of the Optional Protocol Relat- under the age of 18 are bought and sold come a party. Accordingly, until such time ing to the Convention on the Rights of the as the United States becomes a party to The each year. Girls are particularly vul- Child on the Sale of Children, Child Prostitu- Hague Convention, it understands that it is nerable. According to the United Na- tion, and Child Pornography, opened for sig- not obligated to criminalize conduct pro- tions Children’s Fund (UNICEF), girls nature at New York on May 25, 2000 (Treaty scribed by Article 3(1)(a)(ii) of the Protocol appear to be forced into the sex indus- Doc. 106–37; in this resolution referred to as or to take all appropriate legal and adminis- try at increasingly younger ages, part- the ‘‘Protocol’’), subject to the reservation trative measures required by Article 3(5) of ly as a result of the mistaken belief in section 2, the understandings in section 3, the Protocol. the declaration in section 4, and the condi- (C) UNDERSTANDING OF ‘‘IMPROPERLY INDUC- that younger girls are unlikely to be tion in section 5. infected with HIV or AIDS. ING CONSENT’’.—The United States under- SEC. 2. RESERVATION. stands that the term ‘‘improperly inducing Let me mention just a few atrocious The advice and consent of the Senate consent’’ in Article 3(1)(a)(ii) of the Protocol examples: under section 1 is subject to the reservation, means knowingly and willfully inducing con- A 15-year-old boy from Mali watched which shall be included in the United States sent by offering or giving compensation for the torture and subsequent deaths of instrument of ratification of the Protocol, the relinquishment of parental rights.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.086 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — SENATE S5719 (6) IMPLEMENTATION OF THE PROTOCOL IN appoints the following Senators to the The concurrent resolution, with its THE FEDERAL SYSTEM OF THE UNITED Board of Visitors of the U.S. Naval preamble, reads as follows: STATES.—The United States understands Academy: S. CON. RES. 104 that the Protocol shall be implemented by The Senator from Mississippi (Mr. the Federal Government to the extent that Whereas, founded in 1852, the American So- it exercises jurisdiction over the matters COCHRAN), from the Committee on Ap- ciety of Civil Engineers is the oldest na- covered therein, and otherwise by the State propriations; tional engineering society in the United and local governments. To the extent that The Senator from Arizona (Mr. States; State and local governments exercise juris- MCCAIN), designated by the chairman Whereas civil engineers work to constantly diction over such matters, the Federal Gov- of the Committee on Armed Services; improve buildings, water systems, and other ernment shall, as necessary, take appro- civil engineering works through research, The Senator from Maryland (Ms. MI- demonstration projects, and the technical priate measures to ensure the fulfillment of KULSKI), from the Committee on Appro- the Protocol. codes and standards developed by the Amer- priations; and ican Society of Civil Engineers; SEC. 4. DECLARATION. The Senator from Maryland (Mr. Whereas the American Society of Civil En- The advice and consent of the Senate SARBANES), at large. gineers incorporates educational, scientific, under section 1 is subject to the declaration The Chair, on behalf of the Vice and charitable efforts to advance the science that— of engineering, improve engineering edu- (1)(A) the provisions of the Protocol (other President, pursuant to 10 U.S.C. 4355(a), appoints the following Senators to the cation, maintain the highest standards of ex- than Article 5) are non-self-executing; and cellence in the practice of civil engineering, (B) the United States will implement Arti- Board of Visitors of the U.S. Military and protect the public health, safety, and cle 5 of the Protocol pursuant to chapter 209 Academy: welfare; of title 18, United States Code; and The Senator from Ohio (Mr. DEWINE), Whereas the American Society of Civil En- (2) except as described in the reservation in from the Committee on Appropriations gineers represents the profession primarily section 2— (reappointment); responsible for the design, construction, and (A) current United States law, including The Senator from Louisiana (Ms. maintenance of the roads, bridges, airports, the laws of the States of the United States, railroads, public buildings, mass transit sys- fulfills the obligations of the Protocol for LANDRIEU), from the Committee on Ap- propriations (reappointment); tems, resource recovery systems, water sys- the United States; and tems, waste disposal and treatment facili- (B) accordingly, the United States does not The Senator from Rhode Island (Mr. ties, dams, ports, waterways, and other pub- intend to enact new legislation to fulfill its REED), designated by the chairman of lic facilities that are the foundation on obligations under the Protocol. the Committee on Armed Services; and which the economy of the United States SEC. 5. CONDITION. The Senator from Pennsylvania (Mr. stands and grows; and The advice and consent of the Senate SANTORUM), at large. Whereas the civil engineers of the United under section 1 is subject to the condition States, through innovation and the highest f that the Senate reaffirms condition (8) of the professional standards in the practice of civil resolution of ratification of the Document MEASURES INDEFINITELY engineering, protect the public health and Agreed Among the States Parties to the POSTPONED—H.R. 2586 and S. 1779 safety and ensure the high quality of life en- Treaty on Conventional Armed Forces in Eu- joyed by the people of the United States: rope (CFE) of November 19, 1990 (adopted at Mr. REID. I ask unanimous consent Now, therefore, be it Vienna on May 31, 1996), approved by the that the following calendar items be Resolved by the Senate (the House of Rep- Senate on May 14, 1997 (relating to condition indefinitely postponed: Calendar No. resentatives concurring), That Congress— (1) of the resolution of ratification of the 170, H.R. 2586, and Calendar No. 293, S. (1) recognizes the American Society of INF Treaty, approved by the Senate on May 1779. Civil Engineers on the occasion of the 150th 27, 1988). The PRESIDING OFFICER. Without anniversary of its founding; (2) commends the many achievements of Mr. REID. I ask unanimous consent objection, it is so ordered. that the motions to reconsider be laid the civil engineers of the United States; and f (3) encourages the American Society of upon the table, that any statements re- Civil Engineers to continue its tradition of lating to the conventions be printed in AMERICAN SOCIETY OF CIVIL excellence in service to the profession of the RECORD; that the President be im- ENGINEERS civil engineering and to the public. mediately notified of the Senate’s ac- Mr. REID. I ask unanimous consent f tion; and the Senate return to legisla- the Senate now proceed to the consid- tive session. AMERICAN SOCIETY OF CIVIL eration of Calendar No. 417, S. Con. ENGINEERS The motions to lay on the table were Res. 104. agreed to. The PRESIDING OFFICER. The Mr. REID. Madam President, I ask f clerk will report the resolution by unanimous consent the Senate proceed to the consideration of Calendar No. title. LEGISLATIVE SESSION 418, H. Con. Res. 387. The legislative clerk read as follows: The PRESIDING OFFICER. Under The PRESIDING OFFICER. The the previous order, the Senate will now A concurrent resolution (S. Con. Res. 104) clerk will report the resolution by recognizing the American Society of Civil return to legislative session. title. Engineers on the occasion of the 150th anni- The legislative clerk read as follows: f versary of its founding and for the many A House concurrent resolution (H. Con. APPOINTMENTS vital contributions of civil engineers to the quality of life of the people of the United Res. 387) recognizing the American Society The PRESIDING OFFICER. The States, including the research and develop- of Civil Engineers for reaching its 150th anni- Chair, on behalf of the Vice President, ment projects that have led to the physical versary and for the many vital contributions infrastructure of modern America. of civil engineers to the quality of life of our pursuant to 10 U.S.C. 9355(a), appoints Nation’s people including the research and the following Senators to the Board of There being no objection, the Senate development projects that have led to the Visitors of the U.S. Air Force Acad- proceeded to the immediate consider- physical infrastructure of modern America. emy: ation of the concurrent resolution. There being no objection, the Senate The Senator from Colorado (Mr. AL- Mr. REID. Madam President, I ask proceeded to consider the House con- LARD), at large; unanimous consent that the concur- current resolution. The Senator from Georgia (Mr. rent resolution and preamble be agreed Mr. REID. I ask unanimous consent CLELAND), designated by the chairman to en bloc, the motion to reconsider be the concurrent resolution and pre- of the Committee on Armed Services; laid upon the table, with no further in- amble be agreed to en bloc, and the mo- The Senator from Idaho (Mr. CRAIG), tervening action or debate, and that tion to reconsider be laid on the table from the Committee on Appropriations any statements related thereto be with no further intervening action or (reappointment); and printed in the RECORD. debate, and any statements be printed The Senator from South Carolina The PRESIDING OFFICER. Without in the RECORD. (Mr. HOLLINGS), from the Committee objection, it is so ordered. The PRESIDING OFFICER. Without on Appropriations (reappointment). The concurrent resolution (S. Con. objection, it is so ordered. The Chair, on behalf of the Vice Res. 104) was agreed to. The concurrent resolution (H. Con. President, pursuant to 10 U.S.C. 6968(a), The preamble was agreed to. Res. 387) was agreed to.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.089 pfrm01 PsN: S18PT1 S5720 CONGRESSIONAL RECORD — SENATE June 18, 2002 The preamble was agreed to. Whereas the Red Wings had the best record ness until 11 a.m., with Senators per- in the National Hockey League for the dec- f mitted to speak for up to 10 minutes ade of the 1990s as well as this past year; each, with the first half of the time REFERRAL OF MEASURE—S. 1272 Whereas Nicklas Lidstrom, who has an- under the control of the majority lead- chored the Detroit Defense for 11 years, be- Mr. REID. I ask unanimous consent er or his designee, and the second half that S. 1272, the Prisoner Of War As- came the first European-born player to win the Conn Smythe Trophy for the most valu- of the time under the control of the Re- sistance Act of 2001, be discharged from able player in the playoffs; publican leader or his designee; and the Veterans Affairs Committee and Whereas Marian and Mike Ilitch, the own- that at 11 a.m. the Senate resume con- then referred to the Committee on the ers of the Red Wings and community leaders sideration of the Department of De- Judiciary. in Detroit and Michigan, have returned Lord fense authorization bill. The PRESIDING OFFICER. Without Stanley’s Cup to Detroit yet again; The PRESIDING OFFICER. Without objection, it is so ordered. Whereas the Red Wings, who have played objection, it is so ordered. in Detroit since 1926, continue to hold a spe- f cial place in the hearts of all Michiganders; f CONGRATULATING THE DETROIT Whereas Detroit, otherwise known as RED WINGS ‘‘Hockeytown, U.S.A.’’, is home to the most PROGRAM loyal fans in the world; Mr. REID. I ask unanimous consent Whereas the Red Wings are indebted to re- Mr. REID. Madam President, tomor- the Senate proceed to S. Res. 287, sub- tiring head coach Scotty Bowman, who has row we should get well into the Defense mitted today by Senators LEVIN and brought the Red Wings to the playoffs 7 authorization bill. It is very important STABENOW. times in the last 8 years and who, with this legislation. It is literally for the secu- The PRESIDING OFFICER. The year’s victory, has earned his ninth Stanley rity of this country. I hope Senators clerk will report the resolution by Cup victory, surpassing his mentor Toe who have amendments will come and Blake for the most championships in league title. offer them. We have, really, with a bill The legislative clerk read as follows: history; Whereas the Red Wings are fortunate to of this importance, limited time to A resolution (S. Res. 287) congratulating have the leadership of team captain Steve complete it. I hope everyone will help the Detroit Red Wings on winning the 2002 Yzerman, who along with being one of the us expedite passage. There is so much National Hockey League Stanley Cup Cham- most respected athletes in all of sports, com- more we need to work on. pionship and again bringing the Cup home to pleted one of his best seasons ever despite a Hockeytown. Madam President, I suggest the ab- serious leg injury which will require surgery sence of a quorum. There being no objection, the Senate at the end of the season; and The PRESIDING OFFICER. The proceeded to consider the resolution. Whereas each one of the Red Wings will be Mr. REID. Madam President, I ask remembered on the most illustrious sports clerk will call the roll. unanimous consent the resolution and trophy, the Stanley Cup, as follows: Pavel The legislative clerk proceeded to preamble be agreed to en bloc, the mo- Datsyuk, Boyd Devereaux, Kris Draper, call the roll. tion to reconsider be laid on the table, Sergei Fedorov, Igor Larionov, Jason Wil- Mr. REID. Madam President, I ask liams, Steve Yzerman, Tomas Holmstrom, and any statements be printed in the unanimous consent that the order for Luc Robitaille, Brendan Shanahan, Sean the quorum call be rescinded. RECORD. Avery, Ladislav Kohn, Brett Hull, Darren The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without McCarty, Kirk Maltby, Chris Chelios, objection, it is so ordered. objection, it is so ordered. Mathieu Dandenault, Steve Duchesne, Jiri The resolution (S. Res. 287) was Fischer, Uwe Krupp, Maxim Kuznetsov, f agreed to. Nicklas Lidstrom, Fredrik Olausson, Jiri The preamble was agreed to. Slegr, Jesse Wallin, Dominik Hasek, and ORDER FOR SIGNATURE The resolution, with its preamble, Many Legace: Now, therefore, be it Mr. REID. Madam President, I ask reads as follows: Resolved, That the Senate congratulates the Detroit Red Wings on winning the 2002 unanimous consent that Senator REID S. RES. 287 National Hockey League Stanley Cup Cham- of Nevada be authorized to sign an en- Whereas on June 13, 2002, the Detroit Red pionship. rolled bill today. Wings (in this resolution referred to as the f The PRESIDING OFFICER. Without ‘‘Red Wings’’) defeated the Carolina Hurri- canes, 3–1, in game 5 of the National Hockey ORDERS FOR WEDNESDAY, JUNE objection, it is so ordered. League championship series; 19, 2002 f Whereas this victory marks the Red Wings’ Mr. REID. Madam President, I ask 10th Stanley Cup Championship, continuing ADJOURNMENT UNTIL 10 A.M. the team’s reign as the most storied Amer- unanimous consent that when the Sen- ican hockey team; ate completes its business today, it ad- TOMORROW Whereas this victory marks the Red Wings’ journ until tomorrow at 10 a.m., Mr. REID. Madam President, if there third Stanley Cup Championship in the past Wednesday, June 19; that following the is no further business to come before 6 years, establishing them as one of the great prayer and the Pledge of Allegiance, the Senate, I ask unanimous consent dynasties in the history of the National the Journal of proceedings be approved that the Senate stand in adjournment Hockey League; Whereas the Red Wings, who average over to date, the morning hour be deemed under the previous order. 30 years of age, proved once again that talent expired, the time for the two leaders be There being no objection, the Senate, and experience can triumph over more reserved for their use later in the day, at 6:30 p.m., adjourned until Wednes- youthful competition; and there be a period of morning busi- day, June 19, 2002, at 10 a.m.

VerDate 11-MAY-2000 03:50 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.094 pfrm01 PsN: S18PT1 June 18, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1079 EXTENSIONS OF REMARKS

TRIBUTE TO STEN CARLSON FREEDOM IS NOT FREE to realize that death is not the worst thing that can happen. If I have to give up my civil rights to the government, which always HON. TOM LANTOS HON. C.L. ‘‘BUTCH’’ OTTER thinks it knows how to run my life better OF CALIFORNIA OF IDAHO than I do, then stand me up next to Patrick IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Henry and shoot me. Were I to tolerate what Tuesday, June 18, 2002 four out of five Americans seem willing to Tuesday, June 18, 2002 do, a million ghosts in gray, in blue, in Mr. LANTOS. Mr. Speaker, it is my great Mr. OTTER. Mr. Speaker, I rise today to khaki, in olive drab and in camouflage would pleasure to invite my colleagues to join me in place into the RECORD the thoughts of one of rise up and chastise me with, ‘‘What do you paying tribute to my friend, Sten Carlson of my constituents, Ginny McConnell of Troy, think we died for? Now you’ve made it all for Idaho. Every Member of this House should nothing.’’ Burlingame, California, on the occasion of his Yes, I know that extraordinary times call ninetieth birthday. I want to acknowledge his take Ginny’s comments to heart as we con- for extraordinary measures. And I will gladly public service and lifetime of accomplish- sider further curbs on the freedoms we enjoy. put up with a search of my luggage at the ments. I am proud of Ginny McConnell and of the airport and a presentation of my picture Mr. Carlson was born on June 27, 1912 in people of Idaho who continue to cherish the identification whenever. But that’s a whole Fort William, Ontario, Canada, of Swedish im- lessons our Founding Fathers taught us more different ballgame from the FBI coming migrant parents. Sten’s early life was spent than two centuries ago. warrantless into my home and checking out my closets and my computer. We have ample farming in Saskatchewan. He immigrated to TOUGH DECISIONS HAVE HARD CONSEQUENCES evidence of certain governmental arms ex- the United States in 1951 where he met and (By Ginny McConnell) panding their authority. Do those four out of later married Elizabeth. They have been hap- Recently, one of my students left a mes- five people honestly believe this will not pily married for the past forty-five years and sage on my voice mail to tell me she would happen in their new America? are the proud parents of Eric, an automobile be unable to come to class for the three days We have a duty to preserve the United executive, and Frank, who was killed in a hor- of oral presentations because one of her chil- States for the future. And if that means we rible violent crime in San Francisco shortly dren was sick. Her group, now without her, give our lives for it today, well, that’s the price of liberty. I think we’re a little too after his marriage. had to scramble to cover her part of their re- port. I had allocated 25 points for the oral concerned with our physical existence and Mr. Speaker, Sten Carlson was a model not nearly enough about our philosophical employee of MacDonald Aircraft where he portion and 75 points for the written mate- rials that would be handed in. existence. We should think long and hard built the Mosquito aircraft, a low flying plane When the student returned to class, I told about any powers we cede to the govern- used for observing troop movement and low her she would not get the 25 points for the ment—I should say, to those we have allowed level bombing. Known as the ‘‘Flying Coffin,’’ oral report, since she was not there. She im- to represent us. Sometimes we forget that the aircraft was made of balsa wood and glue, mediately went to the college director to we are the government. Let’s not change complain that it was not fair that I should that. and powered by Rolls Royce Engines. He As the late Jim Morrison said about life deny her those 25 points. This student was then worked for 25 years as a ground me- (and he would know), ‘‘No one here gets out unclear on the concept that hard decisions chanic for United Airlines in San Francisco. Al- alive.’’ Sometimes tough choices must be mean that you can’t have it both ways. Her made, in which case we don’t get the benefits though he retired in 1977, Sten has continued choice to stay home with her sick child in- of the road we didn’t take. If you don’t make to be active in the local labor community, be- stead of finding someone to sit with him coming a lifetime member of the International your oral report, you don’t get the points for meant that she had to forfeit the points for it. If you give up your rights, you don’t get Association of Machinists Local 1781. To this the oral presentation. to keep them. day, Sten still serves as a member of the Possibly our advertising is at least par- Board of Directors of Retirees. He has been a tially at fault here, with its ‘‘you can have it f all’’ mentality. But Patrick Henry under- strong voice for retirees and for protecting PERSONAL EXPLANATION pensioners. stood the reality of difficult choices: ‘‘Give me liberty or give me death.’’ I thought of I am grateful to have the privilege of paying him when I heard a radio report that four HON. BOB RILEY tribute to a man so dedicated to the enrich- out of five Americans said they would give OF ALABAMA ment of his community. Mr. Carlson is a tire- up their rights for the government to make IN THE HOUSE OF REPRESENTATIVES less volunteer at San Francisco’s public tele- the country safe from terrorism. Possibly vision station, KQED, and has given over 15 these people are like my student: they think Tuesday, June 18, 2002 years of volunteer service to Peninsula Med- they won’t really have to give up anything, Mr. RILEY. Mr. Speaker, I was unavoidably ical Center. He is currently involved in imple- that they can keep their rights and be com- detained for Roll Call No. 230, on Agreeing to menting the medical center’s Lifeline Program, pletely safe from terrorism. Patrick Henry the Journal. Had I been present I would have knew better. voted yea. which provides local seniors with a transmitter This is a very hard choice to make, no placed in a necklace. If the senior is in need doubt about it. But be very careful here, my I was also unavoidably detained for Roll Call of medical assistance and unable to reach the friends. Don’t be so quick to let the govern- No. 231, H. Con. Res. 415, Recognizing Na- phone they can then push a button on the me- ment direct your lives and suspend the Bill tional Homeownership Month. Had I been dallion, sending a signal to local emergency of Rights. Do those four out of five people present I would have voted yea. medical services that they need assistance. think this will be a temporary situation? Do I was also unavoidably detained for Roll Call These efforts are typical of Sten Carlson, as they think they are safe because they have No. 232, H. Con. Res. 340, Supporting Menin- he has always made time in his life for com- nothing to hide from the government? Nei- gitis Awareness Month. Had I been present I ther is true. would have voted yea. munity service. His own personal tragedy, the To paraphrase John Steinbeck, the govern- loss of a son in a senseless violent crime, has ment is a monster and the monster must be f been the motivation for his long-standing focus fed. It will not be satisfied with just a little U.S. EMBASSY IN EQUATORIAL on victim support groups, a commitment span- snack. And, even if terrorism should be com- GUINEA ning over three decades. Sten Carlson lives a pletely eradicated, the government will be life that serves as a testimony to integrity, fi- more reluctant to return those rights than a HON. DOUG BEREUTER delity, honor, ethical courage, and devotion to landlord with a large security deposit. You OF NEBRASKA family, friends, and country. can kiss them goodbye. They are so easy to give up and so hard to get back. A right here, IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I invite my colleagues to join a right there . . . pretty soon the govern- Tuesday, June 18, 2002 me in saluting and congratulating this extraor- ment has gobbled them all up. dinary individual, Sten Carlson, as he and his I realize the importance of feeling safe and Mr. BEREUTER. Mr. Speaker, this Member family gather to celebrate his 90th birthday. secure in our country. But I also have come wishes to commend the Bush Administration

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

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.000 pfrm04 PsN: E18PT1 E1080 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2002 for its recent decision to open a U.S. Embassy in both enrollment and diversity due to aggres- CONGRATULATIONS TO MRS. in Malabo, Equatorial Guinea. Indeed, the in- sive strategies of outreach, enhanced scholar- ALMA V. WHITE OF GARY, INDI- vestment of Federal funds and State Depart- ship support, marketing and student recruit- ANA ment personnel for representation in the small ment. In fact, the School’s minority student African country may pay huge dividends in the population has more than doubled in the past HON. PETER J. VISCLOSKY form of American lives saved and U.S. na- dozen years, from 15% to 35%. OF INDIANA tional interests protected. On June 20, 2002, Maryland elected offi- IN THE HOUSE OF REPRESENTATIVES According to the State Department, over cials, University officials, faculty, staff, stu- Tuesday, June 18, 2002 1,500 Americans live and work in Equatorial dents, alumni and friends will honor Dr. Bar- Guinea—primarily in the oil industry. Addition- bara Heller for her many years of leadership. Mr. VISCLOSKY. Mr. Speaker, on occasion, ally, U.S. investment in Equatorial Guinea is I Join them in saluting her for her critical role I am fortunate enough to come to the floor to over $5 billion. As the U.S. presence in- in preparing nurses for the 21st century. congratulate a person who has devoted her creases, it is critical that the U.S. provide serv- entire life to improving the lives of others. ices and assistance to our citizens. For exam- f Today, I am proud to congratulate Mrs. Alma ple, in the case of a natural disaster, access V. White of Gary, Indiana, as she retires from HONORING NATIONAL HISTORY her position as Assistant Director of the Lake to American embassy officials who can serve CONTEST WINNERS as liaisons between Americans and the local County Department of Family and Children, hospital could mean the difference between after serving more than 18 years in that posi- life and death for those Americans caught in HON. BETTY McCOLLUM tion and 48 years in service to the residents the country during the emergency. Also, main- OF MINNESOTA of Lake County. Her presence in the discipline taining a U.S. embassy in Equatorial Guinea IN THE HOUSE OF REPRESENTATIVES of social services will not be easily replaced. Throughout her life, Mrs. White has helped would allow U.S. businesses to explore future Tuesday, June 18, 2002 investment opportunities in the country. Such many of the less fortunate in her community investments would be important for a region Ms. MCCOLLUM. Mr. Speaker, it is always overcome their difficult circumstances. which is struggling to build economic stability a privilege when I have the opportunity to rec- In addition to her career in public service, for the long term. ognize a young person for a special accom- Mrs. White has also been involved with nu- plishment. Today, I feel especially fortunate to merous community organizations. She is a f acknowledge a group of students who have member of Grace United Methodist Church, as DR. HELLER NAMED FIRST DIREC- used their talents to explore a wide variety of well as such noble organizations as the Amer- TOR OF CENTER FOR HEALTH historical issues. ican Red Cross and the National Council of WORKFORCE DEVELOPMENT I want to congratulate eight young women Negro Women, among many others. Mrs. from the Fourth District of Minnesota who White’s commitment to her community has HON. CONSTANCE A. MORELLA have embraced the subject of history and consistently earned the praise of her peers. OF MARYLAND taken it one step further. These students not She has been named ‘‘Woman of the Year’’ only participated in this year’s National History three times by the Gary Business and Profes- IN THE HOUSE OF REPRESENTATIVES Day competition, but also came away with na- sional Women Organization and has received Tuesday, June 18, 2002 tional prizes. These bright, ambitious students numerous other awards of achievement Mrs. MORELLA. Mr. Speaker, I am de- worked as true historians in creating their throughout her exceptional career. lighted to advise my colleagues that Dr. Bar- projects—they were actual documentarians, Amidst the celebration of her career, there bara R. Heller, a former constituent, and playwrights, researchers, and curators. They is sadness that the services of such a great friend, who served in my office as a legislative applied what they learned in the classroom woman will be unable to be matched in the fu- fellow, will leave her position as Dean of the and used it in a real world setting. ture of the Department of Family and Social University of Maryland School of Nursing. She Anna Rice, a tenth grader from Central High Services. Not only does Mrs. White diligently will be accepting a position as the first Execu- School in St. Paul, took the prestigious Grand work to provide for the needs of her commu- tive Director of the newly formed Center for Prize in the National History Day competition nity, but she also cares about the vital issues Health Workforce Development and the first by submitting a top-notch research paper. that she encounters on a daily basis. This Rauschenbach Distinguished Professor, an Anna should be very proud to be recognized combination of commitment and compassion endowed professorship dedicated to the im- as the Nation’s top young historical writer. distinguishes Mrs. White from her stellar col- provement of nursing and nursing education. Caitlyn Ngam and Madeline Kreider, eighth leagues, and the people of Lake County are A nationally and internationally known nurs- graders from Capitol Hill Magnet School in St. fortunate to have such a devoted individual ing educator, Dr. Heller will leave behind a Paul, won third place for their outstanding ex- working on their behalf. Her services to the significant legacy after twelve years of vision- hibit on tobacco reform. Their fellow class- Lake County Division of Family and Social ary leadership at the University of Maryland mates, Kirsten Slungaard and Meredith Pain, Services will be sorely missed. School of Nursing. During her tenure, the earned seventh place for their exceptional But, Mr. Speaker, I am confident that Mrs. school has received four consecutive top 10 documentary on Tibet. White will continue to serve her community for rankings by U.S. News & World Report, Melissa Brown, Kaitie Cochrane and many years to come. It cannot be disputed moved into a new state of the art nursing Lindsey Jans, seventh graders from Sunrise that Mrs. White has improved the lives of school building, and raised nearly $10 million Park Middle School in White Bear Lake, countless people. This is the mark of a true for Maryland’s premier public institution. walked away with a national prize for their per- public servant. The State of Maryland has been the bene- formance of ‘‘Separate But Equal: Brown v. Mr. Speaker, I hope that you and all of my ficiary of Dr. Heller’s energy and commitment Board of Education.’’ These students also had colleagues will join with me in congratulating to the School’s mission of community service. the honor of performing their project at the Mrs. Alma White for her 48 years of distin- Since 1990, the school has developed a new Smithsonian Institution’s National Museum of guished service and wish her a happy and model of clinical instruction and health care American History in Washington, DC. healthy retirement. Although she may be retir- service, resulting in five Wellmobiles, 14 I am very proud of all the students who par- ing from the Division of Family and Children, school-based wellness centers, a high school ticipated in this year’s contest. The time and the residents of Lake County will continue to based family support center, the Open Gates dedication they have committed to their reap the rewards of her benevolent spirit. Health Center, as well as the Pediatric Ambu- projects should be commended. It is wonderful f latory Care Center, which serves our most vul- that these eight students received special rec- WAR CLOUDS GATHERING IN nerable populations. ognition for their work. The fact that they were SOUTH ASIA Dr. Heller’s leadership has transformed the singled out among over half a million partici- School of Nursing into a nationally recognized pants nationwide is astonishing. HON. DAN BURTON center of excellence. She has recruited promi- I will continue to lend my support to this im- OF INDIANA nent nurse researchers and scientists, result- portant competition. Events such as the Na- IN THE HOUSE OF REPRESENTATIVES ing in a 900% increase in grants and contract tional History Day Contest not only give young awards for the School of Nursing. During a people a chance to shine, but allows them to Tuesday, June 18, 2002 critical period of the national nursing shortage, use their talents and creativity to make a dif- Mr. BURTON of Indiana. Mr. Speaker, the the School of Nursing has also seen increases ference in their communities. danger of war in South Asia concerns us all.

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.003 pfrm04 PsN: E18PT1 June 18, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1081 Such a war would be useless, dangerous, and Sikhs should take this opportunity to re- leased. The U.S. government recently added a disaster for Pakistan, India, the minorities of claim our lost sovereignty and liberate our India to its ‘‘watch list’’ of violators of reli- the subcontinent, and the world. homeland, Punjab, Khalistan, from Indian gious freedom. It should impose sanctions to Many South Asia’s watchers speculate that occupation. stop the oppression of Sikhs, Christians, L.K. Advani has said that when Kashmir Muslims, and others. India needs a war to keep its multinational goes, India will fall apart, and he is right. We Jaswant Singh Khalra, who exposed the empire together and to divert attention away must take advantage of this situation to re- government killing of Sikhs in fake encoun- from its other internal problems. They have claim our lost sovereignty. Sovereignty is ters, became a victim of the Indian police even speculated that India’s collapse is not a our birthright. The Guru gave sovereignty to himself. He was kidnapped outside his house fantasy, and that even L.K. Advani, the militant the Khalsa Panth. (‘‘In grieb Sikhin ko deon and murdered in police custody. Even Akal Hindu Home Minister of India, is worried about Patshahi.’’) Banda Singh Baliadur estab- Takht Jathedar Sardar Gurdev Singh India’s territorial integrity. lished the first Khalsa rule in Punjab from Kaunke was murdered by SSP Swaran Singh However, a war in South Asia could become 1710 to 1716. Then there was a period of perse- Ghotna and then his body was disposed of. the trigger that brings freedom to the minority cution of the Sikhs. Again Sikhs established The Badal government was forced to conduct a sovereign, independent rule from 1765 to an inquiry by three Punjab police officials nations such as the Sikh homeland of 1849, when the British annexed the Sikh under the leadership of DIG Tiwari into the Khalistan, predominantly Christian Nagaland, homeland, Punjab, into British India. killing of Jathedar Kaunke. As of today that Kashmir, and others, just as World War I This is a wake-up call for the Sikh Nation. report has not been made public. brought independence to many nations living The massacre of Muslims in Gujarat is a tes- The only solution is the formation of a under the rule of the Austro-Hungarian Empire tament to this. The fanatic Vishav Hindu Khalsa Raj Party under new, honest, dedi- and the Ottoman Empire. The end of the Cold Parishad (VHP) burned Christian missionary cated, and committed leadership. Now is the War brought freedom to many nations which Graham Staines and his two young sons time to do it. Let’s not waste time and pro- had been living under Soviet rule, including alive. They murdered priests, raped nuns, long the suffering and agony of the Sikh Na- and burned churches. They are assimilating tion. The only remedy is to sever our rela- Estonia, Latvia, Lithuania, and others. A war in Christianity, Islam, and every other minor- tionship with Delhi completely, declare inde- South Asia could have a similar effect on the ity into Hinduism. The Sikh Nation must pendence from India and start a peaceful agi- nations and peoples of the subcontinent. free itself from India to ensure its survival tation to free the Sikh homeland, Punjab, The Council of Khalistan recently called on as a nation and to enjoy a prosperous future. Khalistan. The present Akali leadership of Sikh soldiers not to fight for India, but to fight Without political power, nations perish. Badal, Tohra, Mann, and others are under In- to free their homeland, Khalistan. Given the About 80 percent of the sacrifices during dian government control. Their betrayal of oppression that has killed over 250,000 Sikhs the fight to regain freedom from the British the Sikh Nation is well documented in the since 1984 according to the Punjab State were Sikhs, even though Sikhs formed only Book Chakravyuh: Web of Indian Secularism Magistracy, that continues to hold 52,268 polit- 1.5 percent of the Indian population at the by S. Gurtej Singh. time. At the time of India’s independence, Siklis are a sovereign, independent nation ical prisoners, which the Movement Against Sikhs were equal signatories to the transfer and ruled Punjab until 1849. The only way State Repression reported that the Indian gov- of power from the British. The Sikh leader- the Sikh Nation can protect itself from the ernment has admitted to, that has killed over ship should have gotten an independent Indian government’s ongoing efforts to de- 80,000 Muslims, over 200,000 Christians in country for the Sikhs at that time, but they stroy the Sikh religion is to achieve inde- Nagaland, thousands upon thousands of other were fooled by the Hindu leadership of Nehru pendence for our homeland, Khalistan. Guru minorities like Bodos, Dalit ‘‘Untouchables,’’ and Gandhi so Sikhs took their share and gave sovereignty to the Khalsa Panth. The Tamils, Assamese, Manipuri’s, and others, joined India on the promise that they would new Sikh leadership must launch a why should any of these minorities fight for the have the glow of freedom. Shantmai Morcha to liberate our homeland. We have seen this ‘‘glow of freedom’’ in the The only way the Sikh Nation can prosper is Indian state? form of the attack on the Golden Temple in to free the Sikh homeland, Punjab, The Council of Khalistan’s recent Open Let- June 1984, when over 20,000 Sikhs were killed Khalistan. The freedom of the Sikh Nation ter contains much more information on this. To in Punjab in a single month. Sikhs can never will bring prosperity, stability, and peace to help my colleagues and constituents stay fully forgive or forget the desecration of the Gold- Punjab and to South Asia. informed about the sentiments of many Sikhs en Temple. This is the history and tradition Panth Da Sewadar, within India, I would like to put that open letter of the Sikh Nation. DR. GURMIT SINGH AULAKH, The next massacre of Sikhs occurred after into the RECORD at this time. President, Council of Khalistan. the assassination of Indira Gandhi in Delhi. COUNCIL OF KHALISTAN, There was a mass murder of Sikhs through- f Washington DC, May 21, 2002. out India, including Delhi. The Sikhs were THE MORE THINGS CHANGE, THE OPEN LETTER TO THE SIKH NATION pulled out of trains and burned alive. Sikh MORE THEY REMAIN THE SAME: CLOUDS OF WAR BETWEEN INDIA AND PAKISTAN truck drivers were pulled out of their trucks. GATHER; INDIA IS ON THE VERGE OF DISINTE- Hindu militants put tires around their necks ERIC HOFFER ON ISRAEL IN 1968 GRATION—SIKH SOLDIERS AND OFFICERS and burned them to death. Sikh police offi- SHOULD NOT FIGHT FOR INDIA BUT TO FREE cers were disarmed and confined to their bar- HON. TOM LANTOS KHALISTAN; NOW IS THE PERFECT TIME TO racks. This is very similar to what happened OF CALIFORNIA LAUNCH SHANTMAI MORCHA TO LIBERATE recently to the Muslims in Gujarat. IN THE HOUSE OF REPRESENTATIVES KHALISTAN Human Rights Watch Asia has clearly stat- DEAR KHALSA JI: WAHE GURU JI KA ed that the Indian government orchestrated Tuesday, June 18, 2002 KHALSA, WAHE GURU JI KI FATEH! the recent genocide in Gujarat. Policemen Mr. LANTOS. Mr. Speaker, I recently came War clouds are gathering in South Asia. stood and watched while Muslims were at- across an article by the American social phi- tacked and murdered. One policeman said War between India and Pakistan looks immi- losopher Eric Hoffer, about the double stand- nent. It is expected to break out this fall. that he was ordered not to stop the violence. Troops have been gathering on the borders, This is the same modus operandi that the In- ard to which the world holds Israel. The sad and the recent killings in Kashmir provide dian government used in 1984 to burn the irony is that this extraordinary piece was writ- the Indian government with an excuse to at- Sikhs alive and destroy their property. For ten 34 years ago, and it is just as relevant tack Pakistan. The killing of Abdul Ghanni the Sikh Nation to ensure their safety, we today as it was then. Mr. Hoffer’s insightful Lone, a leader of the Kashmiri freedom must free our homeland, Punjab, Khalistan, analysis was published in the Los Angeles movement, merely heightens the tensions. from Indian occupation. We pray every day Times on May 26, 1968. Remember that the fanatic BJP leaders ‘‘Raj Kare Ga Khalsa.’’ We must do our best Eric Hoffer was an American social philoso- are on record that they want to make an to realize our God-given right to be free. pher, author of nine books and a winner of the ‘‘Akand Bharat’’ by defeating Pakistan and The Indian government has murdered over incorporating it into India. Their aggression 250,000 Sikhs since 1984. The U.S. State De- Presidential Medal of Freedom. His first book, in Kashmir is internationally known. They partment reported in 1994 that the Indian The True Believer, published in 1951, was will not hold a plebiscite in Kashmir, as they government paid out over 41,000 cash boun- widely recognized as a classic. promised to do in 1948. It is India that ties to police officers for killing Sikhs. Ac- This article, which as I mentioned appeared launched the nuclear arms race in South cording to a report by the Movement Against in 1968, describes the trend of international Asia and has nuclear weapons pointed at State Repression MASR), the Indian govern- scorn focusing solely on Israel; whether it is Pakistan. Despite the militant Hindu nation- ment admitted that 52,268 are rotting in In- the status of refugees, fighting in self-defense, dian jails under TADA, which expired in 1995. alist government’s statement that they do or ending armed conflict, Israel is consistently not intend to attack Pakistan, it is clear Many of them have been in illegal custody that their drive for hegemony over all of since Operation Bluestar in 1984. In Feb- held to a standard that is different from that South Asia continues. ruary, 42 Members of the U.S. Congress from which is applied to the rest of the world. Put If war breaks out, Sikh soldiers and offi- both political parties wrote to President simply, what other nations freely do, Israel cers should not fight for India. Instead, Bush to get these political prisoners re- cannot.

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.007 pfrm04 PsN: E18PT1 E1082 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2002 Although he was not Jewish, Mr. Hoffer He has since taught in Harvey and Lockport further helping low-income taxpayers by pre- championed a strong U.S.-Israel relationship High Schools. In 1999 Dr. Clark was ap- venting Earned Income Credit simplifications and understood the geopolitical importance of pointed Assistant Superintendent for Edu- from disappearing in 2011. Failure to pass this Israel. Furthermore, Mr. Hoffer recognized the cational Services at the Joliet Township High bill will increase taxes on married couples by moral responsibility of the international com- Schools. In 1996, he received the appointment $5.7 billion in 2010 and by $10.4 billion in munity to support the world’s only Jewish state as Superintendent. Dr. Clark is also an Ad- 2011. in light of worldwide inaction and indifference junct Instructor at Aurora University and Gov- Mr. Speaker, let’s respect the sanctity of to the Holocaust, which had occurred just 23 ernors’ State University. matrimony by eliminating these shameful mar- years before this article was written. Being a generous person, Dr. Clark is also riage taxes. [From the Los Angeles Times, May 26, 1968] involved with the community. He is active in Rotary, serves as a member of the Joliet Area ISRAEL’S PECULIAR POSITION f American Cancer Society Board of Directors, (By Eric Hoffer) on the Joliet Area Chamber of Commerce and TRIBUTE TO JACK TEICH The Jews are a peculiar people; things per- Industry Board of Directors, as vice-chair of mitted to other nations are forbidden to the Jews. the American Heart Association Heart Walk, HON. NITA M. LOWEY and in various professional school adminis- Other nations drive out thousands, even OF NEW YORK millions of people and there is no refugee trator organizations. problem. Russia did it; Poland and Czecho- Dr. Clark and his wife Linda are the proud IN THE HOUSE OF REPRESENTATIVES slovakia did it; Turkey threw out a million parents of two sons and one grandson. Dr. Tuesday, June 18, 2002 Greeks, and Algeria a million Frenchmen. Clark is revered throughout the Joliet commu- Mrs. LOWEY. Mr. Speaker, I rise today in Indonesia threw out heavens knows how nity. In fact, the city of Joliet declared Monday, tribute to Jack Teich, CEO and Co-Chairman many Chinese—and no one says a word about May 13, 2002, as ‘‘Dr. James H. Clark Day.’’ refugees. But in the case of Israel the dis- Mr. Speaker, I urge this body to identify and of the Board of the Acme Architectural Com- placed Arabs have become eternal refugees. recognize others in their own districts whose pany. Mr. Teich was honored this past Octo- Everyone insists Israel must take back every ber at The Friars Foundation Annual Inter- single Arab. Arnold Toynbee calls the dis- actions have so greatly benefited and strengthened America’s communities. national Gala Dinner and Ball, along with leg- placement of the Arabs an atrocity greater endary writers and lyricists Betty Comden and than any committed by the Nazis. f Other nations when victorious on the bat- Adolph Green. It is in the spirit of this occa- tlefield dictate peace terms. But when Israel PERMANENT MARRIAGE PENALTY sion that I am pleased to call to the attention is victorious it must sue for peace. RELIEF ACT OF 2002 of my colleagues the many contributions Mr. Everyone expects the Jews to be the only Teich has made to his community and the Fri- real Christians in this world. Other nations SPEECH OF ars organization, and to congratulate him when they are defeated survive and recover, today. but should Israel be defeated, it would be de- HON. TODD TIAHRT stroyed. Had Nasser triumphed last June he OF KANSAS Mr. Teich, a resident of Harrison, NY, in my would have wiped Israel off the map, and no IN THE HOUSE OF REPRESENTATIVES district, is the President and CEO of Acme Ar- one would have lifted a finger to save the Thursday, June 13, 2002 chitectural Products Inc., a leading manufac- Jews. No commitment to the Jews by any turer of building products, which has offices government, including our own, is worth the Mr. TIAHRT. Mr. Speaker, once again the and manufacturing plants throughout New paper it is written on. House is working on behalf of the taxpaying York State. His sons Marc and Michael have There is a cry of outrage all over the world family by voting today on the Permanent Mar- recently joined their father in the family busi- when people die in Vietnam or when two peo- riage Penalty Relief Act of 2002. This bill ness. ple are executed in Rhodesia. But when Hit- would permanently eliminate the destructive Mr. Teich is also involved with several phil- ler slaughtered Jews, no one remonstrated marriage penalty taxes that were temporarily anthropic organizations. He is a member of with him. The Swedes, who are ready to enacted by last year’s tax relief package. As break diplomatic ties with America because the Chief Executive Organization and the I think about the 65,000 married couples in my of what we do in Vietnam, did not let out a World Presidents Organization, of which he is district who will personally benefit from this peep when Hitler was slaughtering Jews. Vice-Chairrnan of the New York chapter. He is bill, I am also reminded of the more than They sent Hitler choice iron ore and ball also a Trustee of the Pension and Welfare 100,000 children who will benefit. bearings, and serviced his troop trains to Funds of Local 2947 Carpenters Union, and is Norway. When the Economic Growth and Tax Relief The Jews are alone in the world. If Israel Reconciliation Act expires in 2011, my con- active with the Personal Enterprise program survives, it will be solely because of Jewish stituents in Kansas who have decided to get with Cornell University. He and his wife Janet efforts and Jewish resources. Yet at this mo- married will be forced to pay more taxes sim- are on several charity boards including the Pe- ment Israel is our only reliable and uncondi- ply because they chose to say, ‘‘I do.’’ When diatric Cancer Foundation. Janet is also a tional ally. We can rely more on Israel than board member of The Rye Art Institute. Israel can rely on us. And one has only to the government tells married couples they will be punished because of their wedding vows, Jack has been active with the Friars Club imagine what would have happened last sum- since 1974, and serves on its Finance Com- mer had the Arabs and their Russian backers we are sending a dangerous message to won the war to realize how vital the survival younger generations about the importance of mittee. His family has also been and continues of Israel is to America and the West in gen- marriage. If Congress fails to make permanent to be deeply involved in the Friars Foundation, eral. the marriage tax penalty relief, this country will which gives Performing Arts Scholarship I have a premonition that will not leave see 21 million married couples suffer because Grants to 12 colleges in New York State to me; as it goes with Israel so it will go with their taxes will be increased. young people studying one of the performing all of us. Should Israel perish, the holocaust arts. will be upon us. I am especially concerned that if Congress does not act, many of our low-income married For his commitment and many contributions f taxpayers will see their Earned Income Credit to his community and his State, it is my privi- RECOGNIZING DR. JAMES CLARK reduced or completely eliminated. This unfairly lege to join the Friars Club in honoring Mr. discriminates against poorer families who have Jack Teich on this special occasion. made a commitment before both God and HON. JERRY WELLER f OF ILLINOIS man to remain faithful in marriage to one an- other. I am appalled that any member of the IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION United States Congress would support such Tuesday, June 18, 2002 discrimination against the institution of mar- Mr. WELLER. Mr. Speaker, I rise today to riage. Most marriage penalties occur when the HON. ROB PORTMAN honor Dr. James Clark for his years of service spouse earning the higher wage makes be- OF OHIO in the educational system. Dr. Clark, who re- tween $20,000 and $75,000 per year. We are IN THE HOUSE OF REPRESENTATIVES tires this year, has served as the Super- not talking about the rich, we are talking about Tuesday, June 18, 2002 intendent of the Joliet Township High Schools low and middle class families who are working since July 1, 1996. hard just to make ends meet. Mr. PORTMAN. Mr. Speaker, because I at- Dr. Clark started his career in Marion, IN, I would also like to remind my colleagues tended the groundbreaking of the National Un- where he taught speech, drama, and English. today that with passage of this bill, we will be derground Railroad Freedom Center in my

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K18JN8.003 pfrm04 PsN: E18PT1 June 18, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1083 hometown of Cincinnati, I missed the following RECOGNITION OF BONITA AND ownership in the United States; and rollcall Roll Call Votes on June 17, 2002: Roll Call KEVIN SCHAEFFER vote 232 on Suspending the Rules and Agree- Vote Number 230, a vote on the Journal. Had ing to H. Con. Res. 340, Supporting the goals I been present, I would have voted ‘‘Yea.’’ On HON. BILL SHUSTER and ideals of Meningitis Awareness Month. Roll Call No. 231, passage of H. Con. Res. OF PENNSYLVANIA Had I been present for the votes, I would 415, recognizing National Homeownership IN THE HOUSE OF REPRESENTATIVES have voted ‘‘aye’’ on rollcall votes 230, 231, Month, I would have voted ‘‘Yea.’’ On Roll Call and 232. Tuesday, June 18, 2002 No. 232, passage of H. Con. Res. 340, sup- f porting the goals and ideals of Meningitis Mr. SHUSTER. Mr. Speaker, I rise today to A TRIBUTE TO FIFTY YEARS OF Awareness Month, I would have voted ‘‘Yea.’’ recognize Bonita and Kevin Schaeffer for their truly remarkable commitment to providing care TOGETHERNESS f to individuals with severe mental retardation, physical disabilities, and disease. On July HON. EDOLPHUS TOWNS PROPOSING A TAX LIMITATION 29th, 2002 Mr. and Mrs. Schaeffer will be OF NEW YORK AMENDMENT TO THE CONSTITU- celebrating 20 years with Family Care Serv- IN THE HOUSE OF REPRESENTATIVES ices, Inc. located in Chambersburg, Pennsyl- TION OF THE UNITED STATES Tuesday, June 18, 2002 vania. During this time they have provided complete care to numerous individuals and Mr. TOWNS. Mr. Speaker, often in this SPEECH OF continue to do so today. They currently care House we discuss the most important and for five individuals that require assistance with contentious issues of the day, but it is only on HON. BENJAMIN A. GILMAN almost all aspects of daily living. that rare occasion that we have the chance to OF NEW YORK The story of the Schaeffers starts 20 years recognize positive achievements. Today, is ago, before there were regulations to govern just such an occasion, it is a tremendous privi- IN THE HOUSE OF REPRESENTATIVES this type of care. They were the first family in lege for me to honor Mr. Joseph R. Lewis and Wednesday, June 12, 2002 the nation to obtain a C–1 license from the Mrs. Avis J. Lewis who have done something Department of Health for a private home. This that is all too rare in this day and age—they Mr. GILMAN. Mr. Speaker, I rise today in license is the same one nursing homes are re- have been happily married for fifty years. support of H.J. Res. 96, the Tax Limitation quired to obtain. They continue to provide this On Saturday, June 8, 2002, this happy cou- Amendment of 2002. I urge my colleagues to high level of care with very little assistance ple celebrated their golden wedding anniver- support this important legislation. from other direct care staff. This translates into sary together. Fifty years sharing the joy and sorrow that come with every day life. To- H.J. Res. 96 amends the U.S. Constitution long hours and limited time to themselves. gether, Joseph and Avis are the proud parents to require that any bill, resolution, or legislative However, Mr. and Mrs. Schaeffer have chosen this arrangement happily and without com- of seven remarkable children. On June 22, measure that proposes to change Internal plaint demonstrating a level of commitment 2002, their children as well as their 20 grand- Revenue laws must have the approval of two- worthy of thanks and praise children, and one great grandchild will be thirds of those voting in the House of Rep- The Schaeffers are an excellent example of gathering in Port St. Lucie, Florida to celebrate resentatives and the Senate. This requirement people who have chosen to live a life of serv- this momentous occasion in the manner that would not apply when a declaration of war is ice to others. They have opened their home this family has grown quite used to, together. in effect, or when the United States is en- and put the needs of others before their own Mr. Speaker, Mr. Joseph R. and Mrs. Avis gaged in a military conflict which causes an for 20 years. Through personal sacrifice they J. Lewis have reached a milestone that only a imminent and serious threat to national secu- are giving gifts of hope, strength, and love to lucky few will ever know. They will be cele- rity as found by both Chambers and the Presi- those they care for. Although these gifts can- brating with their family this Saturday. I urge dent. not cure the ailments of the body, they are a my colleagues to join me in honoring this truly Mr. Speaker, in his famous McCulloch v. powerful medicine for the heart. I encourage remarkable couple and their family on this Maryland opinion, Chief Justice John Marshall others to follow the example the Schaeffers wonderful and happy occasion. stated that ‘‘The power to tax is the power to are setting by giving of themselves and help- f destroy.’’ This amendment sets out to make it ing others in any way they can. President PERSONAL EXPLANATION more difficult for the Congress to arbitrarily George W. Bush, in his last State of the Union raise taxes, and presumably, make the Fed- Address, challenged all of us to give two years eral Government more efficient and less bloat- or 4,000 hours of service over our lifetimes. I HON. STEVE ISRAEL ed with unnecessary spending. believe this is an important personal goal that OF NEW YORK we should all strive to reach. Mr. and Mrs. History has shown that it is far easier for IN THE HOUSE OF REPRESENTATIVES Schaeffer have certainly accomplished this Tuesday, June 18, 2002 Congress to raise taxes to cover spending goal, yet they continue to inspire us all by con- deficits than it is to reduce that spending to tinuing to go above and beyond the expected. Mr. ISRAEL. Mr. Speaker, I was absent reasonable levels. This is all the more true I would like to again extend my congratula- from votes yesterday, June 17, 2002 so that I today. Neither party wants to be held respon- tions to Bonita and Kevin for their 20th anni- could attend an event with families of victims sible for any future return to peacetime deficit versary of service and extend my thanks for of the September 11th attacks and Special spending. Should such an event appear likely the contribution they are making to their com- Master Kenneth Feinberg. I would have voted to occur, the temptation to raise taxes to cover munity. I wish them all the very best in the as follows: roll call vote 230, ‘‘Yea’’; roll call any potential deficit would be overwhelming. years to come. vote 231, ‘‘Yea’’; and roll call vote 232, ‘‘Yea.’’ The enactment and ratification of this f f amendment would prevent a return to the situ- PERSONAL EXPLANATION IN RECOGNITION OF FRANKLYN M. ation which existed in our Nation 25 years GIMBEL ago. During the 1970s middle-class families were struggling to get by under crippling high HON. XAVIER BECERRA marginal tax rates, which, thanks to high infla- OF CALIFORNIA HON. THOMAS M. BARRETT tion and bracket creep, reached deeper into IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN the working class ranks with every passing Tuesday, June 18, 2002 IN THE HOUSE OF REPRESENTATIVES year. Mr. BECERRA. Mr. Speaker, on Monday, Tuesday, June 18, 2002 This amendment forces those who want to June 17, 2002, I was unable to cast my floor Mr. BARRETT of Wisconsin. Mr. Speaker, I raise taxes, for whatever reason, to do their vote on rollcall numbers 230, 231, and 232. wish to pay tribute to Franklyn M. Gimbel, who homework beforehand, and convince two- The votes I missed include rollcall vote 230 on this week will receive the 2002 Community thirds of their colleagues in Congress of the Approving the Journal; rollcall vote 231 on Service Human Relations Award from the Mil- need to do so. For this reason, it is a fiscally Suspending the Rules and Agreeing to H. waukee Chapter of the American Jewish Com- prudent idea, and one that merits being sent Con. Res. 415, Recognizing National Home- mittee (AJC). This prestigious award is be- to the States for ratification. ownership Month and the importance of home- stowed each year upon an individual who has

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.013 pfrm04 PsN: E18PT1 E1084 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2002 demonstrated outstanding service and leader- media advertising and purchased a $273,000 CANT. SINCLAIR stated he did not want to ship, and Mr. Gimbel is an excellent choice. home, which a Delaware bank financed for be part of ‘‘getting TRAFICANT’’ and ended Franklyn Gimbel has assembled a highly $276,000. Additionally, it’s unknown what the interview. SINCLAIR was advised that distinguished career as a lawyer. A founding types of school loan payments were out- he may have to testify before the Federal Grand Jury in Cleveland. member of the renowned law firm of Gimbel, standing for his legal education. My office space was rented from KAS En- Reilly, Guerin and Brown, Mr. Gimbel has Oddly enough, during his employment with terprises, which I came to find out was es- served as President of the Milwaukee Bar, me Attorney Sinclair made monthly deposits of tablished in October 1999 as Raymond Allen Chair of the State Bar of Wisconsin Board of $2500 into his IOLTA Account with the Home Sinclair, president. Then in November 1999, Governors, and President of the State Bar of Savings and Loan Company. Once he left my wife, Kimberly Sinclair was named sec- Wisconsin. His legal skill and acumen have employ, there were no $2500 deposits made retary, although the filing with the Sec- led to his being named one of the Best Law- for twenty-two consecutive months. retary of the State of Ohio named Kimberly Naturally, as a part of the FBI’s investigation Sinclair as the owner of the company. At the yers in America for criminal defense for nearly time of signing the rental agreement, I was fifteen years, and he earned Milwaukee Bar of me, agents interviewed Attorney Sinclair. His FBI 302 states in pertinent part: not aware of how the KAS Enterprise Cor- Association Lawyer of the Year accolades in poration was organized or its officers, but 1989 and 1998. SINCLAIR had been previously interviewed learned after the trial that either Attorney Despite these tremendous professional ac- and stated he had been making rent pay- Sinclair or his wife could withdraw funds complishments, it is Mr. Gimbel’s unyielding ments to HENRY DIBLASIO for offices at 11 from the account without the knowledge or Overhill, Youngstown, Ohio. He stated he consent of the other. commitment to public service and community had documentation he could provide. SIN- enrichment that earned him the 2002 Commu- Attorney Sinclair was involved in more CLAIR now voluntarily appeared at the questionable activities than his participa- nity Service Human Relations Award. Since FBU, Youngstown Resident Agency. SIN- tion in KAS. He owed his partner $473,000. the late 1970’s, Frank has generously served CLAIR provided one envelope, which was And, in an unrelated event, on December 2, on community boards and commissions that found to contain a letter from SINCLAIR to 1999, the Board of Commissioners on Griev- have benefitted the greater Milwaukee com- interviewing agent, a ‘‘cognovit note’’ from ances and Discipline of The Supreme Court munity. He worked as Vice-Chairman of the November 19, 1998 showing a $20,000 debt from of Ohio filed a recommendation that ‘‘Attor- SINCLAIR to DIBLASIO, one check, dated ney R. Allen Sinclair be suspended from the Milwaukee Fire and Police Commission from February 5, 1992 from SINCLAIR to 1977 to 1982, and was a member of the practice of law for a period of six months DIBLASIO for $361 for ‘‘rent and long Dist with the suspension stayed for a period of a MECCA Board of Directors from 1982 to 1994. Phone Calls.’’ Also included was a document Gimbel now serves as Chairman of the Wis- one year probation including conditions rec- titled: ‘‘Statement from R. ALLEN SIN- ommended by the panel.’’ consin Center District Board, a position he has CLAIR, DIBLASIO, FLASK, & ASSOCI- During my trial, Attorney Sinclair testi- held since Governor Tommy Thompson ap- ATES, 11 Overhill Road, Youngstown, Ohio fied that he never lied to the FBI—that he pointed him to the post in 1994. As Chairman, 44512, Law Offices.’’ SINCLAIR had pre- always told the truth. It wasn’t until he was he oversaw the construction of the Midwest viously advised he paid rent to DIBLASIO pressured with the thought of losing his li- for office space at 11 Overhill for the first few Express Center in downtown Milwaukee, and cense and possibly facing jail that he created years he worked with DIBLASIO, and after this testimony of supposed kickbacks. his leadership was instrumental in getting the that they used simply recorded rent on the project completed on time and under-budget. He also stated that he never wore a wire or books of the firm. The documents SINCLAIR taped any of our conversations because he So instrumental was Gimbel’s guidance that provided showed notations regarding rent feared me; when all of the staff testified that the state-of-the-art convention center is often payments to DIBLASIO for 1994. SINCLAIR there was no fear. And, he had previously called ‘‘The House that Frank Built.’’ did not provide documentation for the later taped Attorney Matavich to get information In addition to his work on the Wisconsin years. A copy of this documentation is at- about me. Be advised, the government would Center District Board, Mr. Gimbel donates his tached to this report. Note, the documents use any ploy to gain admissions regarding time and efforts to several commissions that provided by SINCLAIR listed hours he one of its targets and without a doubt they worked for clients, and it was noted that he did so in my case. But, obviously the infor- focus on community reinvestment, social jus- had done work for ‘‘BUCHEIT.’’ SINCLAIR tice, neighborhood revitalization, and business mation the FBI gathered in the Sinclair advised he had represented BUCHEIT in a matter was exculpatory and all they could development. These include the Greater Mil- dispute BUCHEIT had with a Saudi Arabian attempt was to present a circumstantial waukee Committee, the Task Force on the prince regarding a letter of credit. SIN- paper trail. Grand Avenue, and the Task Force on the CLAIR was not aware of Congressman Having already suffered a license suspen- Bradley Center. He is also a Director of the JAMES A. TRAFICANT, JR. assisting sion and a fraud scheme hanging over his Equal Justice Coalition. BUCHEIT. head and the government allowed Attorney SINCLAIR was asked why DIBLASIO did Mr. Speaker, fellow Members of Congress, Sinclair to escape any punishment for his not have the building at 11 Overhill Road in participation in any wrongdoing and pro- please join me in honoring a man who exem- his own name, and why SINCLAIR, as the plifies dedication to his community. Let us all vided a shield from a civil suit involving the current owner of that building, (and staff money he owed to his partner in order to salute Franklyn M. Gimbel, the 2002 recipient member of Congressman JAMES A. TRAFI- suborn his perjured testimony against me. of the AJC Milwaukee Chapter’s Community CANT, JR.) also did not have this building in Not surprising, Attorney Sinclair continues Service Human Relations Award. his own name. SINCLAIR advised it would to practice law. have been a ‘‘conflict’’ for DIBLASIO to have f Again, the government provided no phys- the building in his name when he worked for ical evidence, no wiretaps, no tapes, no hid- TRAFICANT TRIAL: A RAILROAD TRAFICANT. This same issue came up when den microphones and no fingerprints on more OF JUSTICE SINCLAIR was going to buy the building than 1,000 documents. How is it possible to from DIBLASIO and he (SINCLAIR) was also reach a conclusion beyond a reasonable working as a Congressional staff member. doubt with only circumstantial evidence and HON. JAMES A. TRAFICANT, JR. SINCLAIR advised this was cleared through the testimony of felons and other dubious OF OHIO the United States House of Representatives witnesses? In a RICO case, no less. IN THE HOUSE OF REPRESENTATIVES Ethics Committee, and it was acceptable for BEAM ME UP!! DIBLASIO and SINCLAIR to own the build- Tuesday, June 18, 2002 ing as long as they charged the government f Mr. TRAFICANT. Mr. Speaker, the govern- a reasonable rent. SINCLAIR was asked why, PERSONAL EXPLANATION ment presented a ten-count indictment against then, the building had to be in the name of me on May 4, 2001. And convicted me on other people. SINCLAIR did not answer this question. HON. DAVID E. BONIOR those ten counts, Thursday, April 11, 2002. SINCLAIR advised he made between $50,000 OF MICHIGAN COUNT FOUR—RAYMOND ALLEN SINCLAIR, ESQ. and $60,000 per year as a private attorney in IN THE HOUSE OF REPRESENTATIVES The accusation is that while he was a Con- 1999, and at the same time made about $60,000 gressional staff member, Attorney R. Allen as ‘‘Administrative Counsel’’ to TRAFI- Tuesday, June 18, 2002 Sinclair shoved $2500 a month in cash kick- CANT. SINCLAIR’s job for TRAFICANT was Mr. BONIOR. Mr. Speaker, due to commit- backs under the office door. to research legislation. He was not TRAFI- ments in my home state of Michigan, I was CANT’s private attorney. SINCLAIR advised R. Allen Sinclair became a part of my Con- he had researched the rules and it was legal unable to cast votes yesterday. Had I been gressional staff in 1998. At that time he pur- for him to receive outside income while present, I would have voted ‘‘yes’’ on approv- chased a brand-new van for $25,000–$30,000, working for Congress because he was not ing the journal; ‘‘yes’’ on H. Con. Res. 415, he leased another car for $290 a month, ‘‘senior staff.’’ SINCLAIR advised he did not Recognizing National Homeownership Month; bought between $50,000 and $60,000 worth of kickback any part of his salary to TRAFI- and ‘‘yes’’ on H. Con. Res. 340, Supporting

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.019 pfrm04 PsN: E18PT1 June 18, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1085 the Goals and Ideals of Meningitis Awareness student to Ecuador during the summer be- Allen, G.B. Alleyne, Clayton J. Anderson, Month. tween her junior and senior years. This is John R. Anderson, Robert C. Anderson, Jr., when her love of Spanish and other cultures Russell A. Anderson, Albert Annunziata, J.E. f Armistead, W.J. Armstrong, Raymond E. began to flourish. TRIBUTE TO MR. JOHNNY Armstrong, E.M. Arnold, L.D. Arrowood, Jan went to Harpur College where she ma- Ludwig B. Aske, and Larry D. Aveline. WINTERS jored in Spanish and graduated in January C.W. Baney, Jr., A.W. Bardley, Homer T. 1968. It was at Harpur that she met her future Barker, David E. Barton, W.H. Batia, R.J. HON. CARRIE P. MEEK husband Geoffrey. They were married on May Baxler, Michael W. Becktel, Morral Bennett, OF FLORIDA 18, 1968 and they have two children, Micah K.J Berman, L.E. Bethel, John D. Betlock, and Alicia. Jan earned her Masters of Arts in Ronald L. Binford, Mark D. Black, Paul T. IN THE HOUSE OF REPRESENTATIVES Bobenrieth, R.O. Boehnke, Jr., F. Bonafede, Teaching Spanish at SUNY Binghamton in Tuesday, June 18, 2002 David J. Bonner, Walter W. Booth, R.W. 1970 and is certified to teach Spanish. She is Botelho, Daniel A. Bouchard, B.A. Bounds, Mrs. MEEK of Florida. Mr. Speaker, I rise to also a certified English As A Second Lan- D. Braddy, Jr., Scott R. Bradley, Darnell L. congratulate Mr. Johnny Winters for his long- guage Teacher. Branch, T.C. Breshears, Jr., T.O. Brock, T.F. time and selfless commitment to the South Jan is first and foremost a ‘‘people person.’’ Broderick, C.D. Brown, Clarence Brown, Har- Florida community. Mr. Winters is the founder When she was a senior in high school, she old E. Brown, V. Brown, W.R. Brown, Jackie and executive director of Get Out And Live convinced her mother that they should take R. Broyles, Ralph L. Bruner, James T. (GOAL), Inc., which has provided 30 exceed- Buckman, F.L. Burnett, and Vernon E. Bush, care of her maternal grandmother in their Jr. ingly accomplished years of social, edu- home. She also insisted in bringing her grand- J.L. Calderon, G.A. Campbell, R.S. cational, cultural and religious activities for mother-in-law into her home rather than put Campell, K.T. Caruso, Ronald G. Castor, E.C. homebound handicapped adults. her in a nursing home. When her daughter Chamberlin, Jr., Dennis E. Chapin, I.L. Mr. Winters’ tremendous entrepreneurship Micah was born, the lack of credible informa- Chase, J.E. Clark, J.W. Clary, L.D. Clouse, and dedication have resulted in the servicing tion about breastfeeding led her to enter into L.L. Conley, M.R. Cooksey, Robert L. Cos- of over 50 handicapped clients and a nation- a rigorous training program to become a La grove, Jr., J.B Cothran, William J. Cotton, wide membership of over 4,000. Ronald Creach, Charles T. Crews, E.G Croft, Leche League Leader to help other nursing Michael T. Cross, Garry W. Cummings, T.A. He is an awe-inspiring motivational speaker mothers. Over the years, she has welcomed Curd, R.T. Curry, and John Crazy Bear. to handicapped and non-handicapped stu- numerous foreign exchange students into her Ronald G. Damn, Michael N. Damon, Er- dents in private and public schools. His com- home to enjoy and learn about their cultures nest C. Davis, F.G. Davis, H.B. Davis, J.B. passion extends to educating students in spe- and make them feel welcomed and loved in Davis, R.P. Dechicchis, J.L. Deege, Donald cial education classes to prepare them for fu- our country. As her children entered public E. Deister, D.D. Delair, Thomas D. Delany, ture challenges. He has also made radio ap- school, wanting to increase the value and Robert L. Dickson, G.W. Dietz, La-Verne E. pearances on the Larry King Talk Show to fur- Dietz, Jr., Roosevelt H. Dillard, Edwin K. quality of the public school experience for chil- Dodd, Jr., R.O. Dorfer, C.E. Druex, D.R. ther his cause. dren, she became involved in the PTA holding Dudek, K.J. Dudley, Carlton T. Dunn, and It is not surprising that Mr. Winters’ humani- various offices on the local and regional lev- Thomas L. Dutton. tarianism has been recognized on several oc- els. To advocate for the rights and dignity of T.J. Egan, Robert S. Emerling, Steven T. casions. His work has been acknowledged children, residents and employees, she ran for Evans, and William F. Evans. R.D. Fairbairn, G.C. Falk, Russell C. with awards from numerous fraternal, civic, re- and won a position on the Union-Endicott ligious and governmental organizations. For Farver, A.F. Felch, Francis Fernandez, Jr., School Board. Randell B. Finch, G.A. Fink, Clayton C. example, on February 27, 1988 he was the Next to being a mother, the ultimate exam- Fladie, W.H. Fleck, R.N. Fletcher, Curtis J. honored guest at the Miami Shores Mayor’s ple of her love of children and people is her Franklin, John E. Fox, W.K. Fox, John E. Ball, where he received the Mayor’s Award for teaching. She cares about each student, al- Frederick, Joseph A. Freehorn, J.E. Frye, Outstanding Commitment to the Handicapped ways striving to help each student succeed, Jr., and E.M. Fujihara. People of Miami Shores. He has also received even those students ‘‘written off’’ by others. Danny R. Gaddis, John A. Galhert, John R. the Legion of Honor Award from the Miami Gantner, Santos Garza, Jr., Dale K. Graham, She considers any student’s lack of success a E.J. Graham, R.E., Gibbs, Ernie P. Gilliam, Shores Kiwanis Club. personal loss. S.D. Gilliland, R.J. Ginder, M.T. Giorsetti, Recently, the city and citizens of North Mr. Speaker, I am delighted to salute Jan Howard Gist, Jr., William F. Glendenon, Miami celebrated Mr. Winters’ humanitarian for her many years of distinguished services James R. Golding, Herbert E. Gonzalez, M.K. commitment by proclaiming Sunday, April 21, and devotion to our community. She has left Grantlen, Ronnie B. Grimes, D.W. Guffey, 2002, ‘‘Johnny Winters Day’’. I ask my col- a fine mark in the teaching profession and our Robert P. Gunton, Jr., and Carlos Gutierrez. leagues to join with me in congratulating Mr. community and I join her family, colleagues J.J. Hagan, Tony R. Hall, D.W. Hammond (matched/returned), Larry Hardin, Harley D. Johnny Winters for his outstanding service to and friends in thanking her and wishing her all our community. We are fortunate to have Harless, S.W. Hart, Willis Hart, A.L. Haulcy, the best on her well-deserved retirement. Jimmy L. Heavin, Theadore L. Helm, noble citizens like him to provide essential f D.R. Henderson, James F. Henderson, G.M. services and support to our society. Hendrickson, Jesus Hernandez, Jr., Dave f TRIBUTE TO JIM SIX Heyboer, T.S. Hickman, T.D. Hobart, S.R. Hobbley, Junior Hodge, B.R. Holcomb, F. PAYING TRIBUTE TO JANICE HON. ROBERT E. ANDREWS Hollier, Jr., Donald P. Hoover, L. Hopkins, STRAUSS Jr., Robert C. Horman, G.A. Howe, John F. OF NEW JERSEY Howley, James L. Huff, and Ronald D. Hurst. HON. MAURICE D. HINCHEY IN THE HOUSE OF REPRESENTATIVES M.T. Ispocogee. Tuesday, June 18, 2002 Carl L. Jackson, James Jackson, L.D. OF NEW YORK Jacobson, R.E. James, William B. James, IN THE HOUSE OF REPRESENTATIVES Mr. ANDREWS. Mr. Speaker, I rise today to R.G. Jaouay, Steven C. Jefferson, John F. pay tribute to the patriotic efforts of one of my Jenkins, E.C. Jenson, Claude L. Johnson, Tuesday, June 18, 2002 constituents. In 2001, Gloucester County David I. Johnson, Michael H. Johnson, Mil- Mr. HINCHEY. Mr. Speaker, I rise today to Times columnist Jim Six was able to return to ton Johnson, R.M. Johnson, Ronald John- pay tribute to Janice Strauss, teacher and a Texas woman a dog tag believed to have ston, Danny L. Jones, Linwood E. Jones, and R.A. Jones, Jr. child advocate, upon her retirement. belonged to her brother, a Marine who was G.L. Kavelaras, V.J. Kemerer, Robin S. Jan was born on December 17, 1946 in captured by the Viet Cong in 1968 and who Kent, Roland H. Kiersey, Jr., J.J. Pittsburgh, PA to Dorothy and Fred Little. The reportedly died in a prisoner of war camp in Kimbrough, Jr., Robert L. Kirk, M.C. Klepac, family moved to Niagara Falls, NY on June 6, 1970. His body has never been recovered. T.M. Knutson, Clyde K. Kobbeman, K.R. 1952. Jan is the eldest of 5 children, Kathleen, Six, through the efforts of an acquaintance, Krueger, and T.L. Kyle. Michael, Douglas and Nancy being her sib- bought more than 400 dog tags from vendors C.E. Lames, Ernest C. Lammer, John F. lings. She taught herself to read at four years in Vietnam in 1993 and is attempting to find Langowski, Jr., Gene O. Lanier, Jr., Ronald L. Lantrop, T.L. Laplaunt, C.P. Leary, John of age and taught her youngest sister, Nancy more matches. E. Leavister, D.J. Lee, Harry Lerner, W.D. to read at four. Jan went to St. John delaSalle I would like to submit a list of the names on Lidster, P.F. Linneman, Eddie C. Lipscoms, Catholic School until 8th grade, and then fin- the dog tags for the RECORD. I.B. Livingston, Thomas E. Lloyd, J.W. ished her public school education at Niagara A.C. Aalseth, Thomas A. Abe, R.D. Ahrens, Logan, lsaac Lopez, R.D. Loveridge, and Wheatfield Schools. She was an exchange Kem R. Akers, Paul J. Albano, Norman Charles J. Lyons.

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A18JN8.022 pfrm04 PsN: E18PT1 E1086 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2002 Bruce A. Magnuson, John D. Mahonet, J.M. and Joetta Mial on being named Women of BILL AND CAROL ELLIS CELE- Mangano, Donald E. Manninig, A. Marcha, Distinction by the Girl Scouts of the Huron BRATING 40 YEARS OF NEWS W.W. Marragos, William L. Marshall, Daniel Valley Council of Ann Arbor, Michigan. WORK IN PARMER COUNTY L. Martin, William M. Martin, J.P. Martinez, R.S. Martinez, David A. Mayzlik, G.E. Cynthia and Joetta were awarded this distin- Mccrillis, Jr., William S. Mccune, Roger W. guished honor for their excellence in business HON. LARRY COMBEST McDonald, Charles A. Mcduffle, R.T. ethics and volunteerism through a philosophy OF TEXAS Mcgettigan, Duckey McKnight, John P. which parallels that of the Girl Scout move- IN THE HOUSE OF REPRESENTATIVES Mcniel, Thomas Mesa, William G. Meyer, ment. Currently Cynthia is the Vice President Tuesday, June 18, 2002 R.C. Mickels, B.J. Mihneski, F.M. Miller, Jr., of Government Relations at the University of Mr. COMBEST. Mr. Speaker, I rise today to N.J. Minucci, K.L. Mokern, C.F. Momillen, Michigan. Joetta is a retired Ann Arbor Huron James Money, Salvador Montes, Jr., E. E. call my colleagues’ attention to the remarkable High School principle, and began her career Montor, Lindy N. Moore, James N. Morgan, careers that Bill and Carol Ellis have accom- as a teacher in the school system. Both Kenneth D. Morgan, T.R. Morley, Franklin plished in the newspaper business in Parmer women are intensely involved as leaders in F. Morris, Jr., Carl J. Morton, W.D. Moss, County. This year marks the 40th year that the community, serving as members of numer- Danny L. Murphy, David R. Murphy, Monty Mr. and Mrs. Ellis have served news con- D. Murphy, and D.L. Myers. ous organizations to enhance the well-being of sumers in Parmer County. F. Nagy, P.E. Nance, Phillip E. Nash, F.F. the Ann Arbor population. Their dedication Mr. Ellis’ newspaper career began on the Nives, and George C. Noland, should serve as inspiration to the entire com- West Coast before he moved to Parmer Coun- R.A. O’Conner, Michael L. O’Mary, and munity, reminding us that service is an impor- Richard D. Ortega. ty. He has served as news editor of the Friona tant part of American life. Richard B. Palmer, James A. Parker, J.W. Star. He later became managing editor of the Peavy, J.L. Pell, Joseph E. Peters, D.V. Phil- Mr. Speaker, I ask my colleagues to join me publication. He and his wife, Carol, now own lips, Paul C. Phillips, W.L. Phillips, P.L. in congratulating Cynthia Wilbanks and Joetta the publication through which they have Phipps, David K. Pickard, R.E. Pierson, Gale Mial on being named Women of Distinction. served Parmer County residents well for 40 V. Pinkston, P.L. Plander, Michael J. Polly, We wish them continued success in their fu- years. Bill and Carol Ellis also own the Bovina A. Potter, D.C. Powell, A. D. Prater, T. A. ture endeavors. Press, M.E. Price, Marvin E. Price, and C.J. Blade, another publication that serves Parmer Pummel. County residents. W.E. Queale. f Bill and Carol Ellis, throughout their careers, Edward E. Raiche, Bertrand Randolph, RECOGNIZING INDIVIDUALS IN- have kept Parmer County residents informed T.G. Ray, Malcolm S. Read, K.R. Reed, Jack- VOLVED IN OPERATION APPRE- about important issues affecting them, their ie L. Replogle, L.B. Reynolds, Franklin CIATION communities and beyond. They have given Rhodes, Vincent A. Richardson, James Riley, their readers a better understanding and a R.J. Risk, W.T Ritenour, Joseph P. Rizzi, E. greater appreciation for their communities. Al- Robertson, Jr., J.F. Robertson, Jr., Isaac R. HON. BILL LUTHER Robinson III, Lewis W.L. Robinson, Eugene though their talents could have taken their ca- J. Ruthman, and William F. Ryder. OF MINNESOTA reers to larger-circulation publications, Parmer G. Sanchez, M. Sanchez, J. Santiago, R.J. IN THE HOUSE OF REPRESENTATIVES County remained home, which has been to Schimes, R. Schlaier, W. Schlipf, S.D. Sears, Tuesday, June 18, 2002 the benefit of the readers of the Bovina Blade Lonie S. Sedlacek, C.F. Seiler, L.H. Sewell, and Friona Star. H.A. Shafer, J.J. Sheridan, David S. Sherrad, Mr. LUTHER. Mr. Speaker, I rise today to I would like to extend to Bill and Carol Ellis R.A. Shoemaker, Lorece Sigler, Jack W. acknowledge the contributions of Operation my thanks for their dedication to Parmer Simmons, R.L. Simpson, R.B. Sims, Robert Appreciation, an organization whose hard County residents, and I wish them well in their R. Slusher, Charles L. Smith, F.F. Smith, work has helped improve the lives of those G.T. Smith, Gary A. Smith, Michael L. continued service to the public through pro- Smith, Robert L. Smith, Richard C. Smoldt, entrusted to protect our nation. viding informative and insightful coverage of R.D. Spalding, Lyleh Spear, L.M. Spears, Operation Appreciation was the direct result Parmer County communities. Larry A. Stedenburg, R.B. Steinberg, Phillip of a loving mother, Diana Low, and her two f M. Steiner, Stephens, William H. Stewart, E. sons, Cody and Casey, wanting to show their Strange, James L. Stowell, and G.R. Suter. gratitude for the men and women in charge of ASSAULT ON INDEPENDENT Raul Tamez, Jerry L. Taylor, William D. keeping this great nation safe. Diana wanted MEDIA IN KAZAKHSTAN Tedhow, E.M. Telenko, Bruce R. Thomas, to teach her children the importance of voicing David J. Thomas, Donald Thomas, Edward L. HON. MARTIN T. MEEHAN Thompson, Al V. Tindell, Bobby W. Todd, their thanks and admiration. She has no idea OF MASSACHUSETTS D.A. Toomai, Julias A. Torrence, D.J. that this lesson would unite people from all Traina, Ainulfo P. Torres, Fred E. True- over the country in the simple goal of saying IN THE HOUSE OF REPRESENTATIVES blood, and Jeffrey S. Tucker. thank you. Tuesday, June 18, 2002 Vern F. Vannier, W.L. Vanryzin, W.S. After September 11th, I launched a similar Vetter, Zane C. Vinton, and Wayne A. Volk. Mr. MEEHAN. Mr. Speaker, I rise to express program known as Letters from the Homeland. concern for the fate of an independent media W.E. Wakefield, E.P. Walbridge, Barry L. This program called on the people of Min- Walker, J.C. Walker, D.C. Wallace, Jacob Jr. in Kazakhstan. On May 21 several unidentified Wallace, J.L. Waller, J.F. Ward, Rocky D. nesota to write letters to the soldiers overseas. men forcibly entered the officers of the Sol-Dat Washburn, Tin Watts, R.H. Webb, Robert L. The outpouring of support was remarkable. newspaper—one of the few remaining inde- Weddington, Terrence G. Weller, S. Operation Appreciation took the idea to the pendent opposition papers in Kazakhstan. The Westmorelan, M.H. Wharton, Joseph D. next level. Through the efforts of the Low fam- men severely beat two journalists in the office, White, M W. White, K.E. Wihtmer, Russell P. ily, Operation Appreciation began with the destroyed and stole equipment and told the Wild, Richard A. Wiler, George W. Williams, heartfelt words of appreciation from children Richard J. Willsher, Donald P. Wilson, Rob- beaten journalists that this was only a warn- and then expanded to include classrooms in ing. Police who arrived on the scene further ert M. Wilson, R.E. Wingrove, A.L. Winslow, Minnesota. Now, similar letter writing cam- J.L. Wood, B.E. Woodman, Phillip E. confiscated equipment and files. Woronick, and Christolar Wright. paigns have started in California, Illinois, Ari- The very next day, another independent Bruce S. York, Matthew L. Zechmeister, zona and, Wisconsin. Thousands of children newspaper in Almaty, ‘‘Delovoye Obrozreniye’’ Hal F. Zehr, Michael J. Zent, and J.J. Ziros. have voiced their gratitude for the men and was firebombed. women serving our nation in Afghanistan. f What did these newspapers do to deserve Initiatives such as Operation Appreciation this fate? They dared to criticize President PAYING TRIBUTE TO CYNTHIA and Letters from the Homeland are an excel- Nazarbayev. In recent years President WILBANKS AND JOETTA MIAL lent way to tell the men and women in the Nazarbayev has made a concerted effort to armed forces their efforts are not going unno- shut down his opposition by denying dissent HON. MIKE ROGERS ticed. From the kids in the classroom to the voices any means of expression. He has also OF MICHIGAN soldiers in the field, everyone benefits. put political opponents in jail and driven others IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me into exile. All this, despite repeated assur- in recognizing the individuals involved in Oper- ances to President Bush and the international Tuesday, June 18, 2002 ation Appreciation for their exceptional work in community that he would preserve an inde- Mr. ROGERS of Michigan. Mr. Speaker, I conveying the nation’s support for our military pendent media and free expression for the citi- rise today to congratulate Cynthia Wilbanks personnel. zens of Kazakhstan.

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.025 pfrm04 PsN: E18PT1 June 18, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1087 Mr. Speaker, the importance of Kazakh oil And just as importantly, the golf-related ex- Frank’s enthusiasm for starting young peo- fields to the U.S. cannot blind us to President ercises are paired with The First Tee Life ple off on the right path led him to become the Nazarbayev’s ongoing assault against the lib- Skills program, through which young people first President/Manager of the Essexville- erties of the men and women of Kazakhstan. learn the importance of maintaining a positive Hampton Little League. He also was the origi- I call upon President Nazarbayev to live up to attitude, considering the consequences of their nal President of the Garber Athletic Associa- his stated commitments to human rights and decisions, setting and achieving objectives, tion. His eagerness for improving his commu- an independent media. And I call on this Ad- holding themselves to high standards, and ap- nity also prompted Frank to serve on the City ministration to press for a resumption of a free plying to their everyday lives values such as Commission and the City Planning Commis- press and tolerant government in Kazakhstan. responsibility, honesty, integrity, respect, con- sion in the 1960s. f fidence and sportsmanship. Naturally, the magnitude and longevity of One student in particular, Amber Davis, has Frank’s community service required the en- PERSONAL EXPLANATION been involved with The First Tee of Atlanta couragement and support of his family. Gloria, since April of 2000. Her dedication and enthu- Frank’s wife for 51 years, and their seven chil- HON. WILLIAM L. JENKINS siasm has helped her progress through the dren, Frank III, Thomas, Charles, David, OF TENNESSEE first three levels of The First Tee certification James, Beverly and Daniel also deserve our IN THE HOUSE OF REPRESENTATIVES process. She has participated at both of The gratitude for having been an integral part of First Tee Life Skills and Leadership Acad- his efforts. Tuesday, June 18, 2002 emies at Kansas State University over the Finally, Mr. Speaker, I wish to applaud Mr. JENKINS. Mr. Speaker, I was not past two summers, and received the Renee Frank Davenport for his years of commitment present to cast my votes on rollcall votes 230, Powell Award for Female Leadership during to young people. He has served our commu- 231, and 232 on June 17, 2002. Had I been the inaugural academy. She currently spends nity well. I ask my colleagues to join me in ex- present, I would have voted ‘‘aye’’ on rollcalls her spare time volunteering as a mentor for 13 pressing thanks to Frank for his many years of 230, 231, and 232. of the young female participants in The First service and in wishing him the best in all fu- f Tee program. An accomplished golfer, she ture endeavors. has competed in several local, regional, state f THE FIRST TEE RESOLUTION and national tournaments and was the only TRIBUTE TO RABBI IRWIN GRONER freshman to make the golf team at Woodward HON. JOHN A. BOEHNER Academy in Atlanta. She credits The First Tee OF OHIO program with helping her to develop her HON. SANDER M. LEVIN IN THE HOUSE OF REPRESENTATIVES strong leadership skills. OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Tuesday, June 18, 2002 Again, I am pleased to bring attention to The First Tee and am grateful for its work in Tuesday, June 18, 2002 Mr. BOEHNER. Mr. Speaker, today I am in- our Nation’s communities. I ask for my col- Mr. LEVIN. Mr. Speaker, on Thursday, June troducing a resolution recognizing the efforts leagues support and urge them to join me as 20 there will be a celebration of the 70th birth- of The First Tee, a youth character building or- a cosponsor of this resolution. day of Rabbi Irwin Groner and the 40th anni- ganization with programs located throughout f versary of his service to Congregation the country that provides young people of all Shaarey Zedek in Southfield, Michigan. backgrounds an opportunity to develop, FRANK H. DAVENPORT: A LIFE- Shaarey Zedek has a long and distin- through both the game of golf and character LONG ADVOCATE FOR PUBLIC guished history in the Detroit metropolitan education, values and character traits that will EDUCATION area. It has served as a spiritual home for positively impact their lives and experiences in tens of thousands of families, including my school. HON. JAMES A. BARCIA own beginning with my beloved grandparents The First Tee programs are community- OF MICHIGAN and so many others after their arrival from Eu- based and are implemented through a partner- IN THE HOUSE OF REPRESENTATIVES rope and continuing with our parents of ship of parents, civic and corporate leaders, Tuesday, June 18, 2002 blessed memory and their generation. state and local governments, youth-serving Rabbi Groner came to the leadership of agencies, schools, and the golfing community. Mr. BARCIA. Mr. Speaker, I rise today to Shaarey Zedek after the tragic death of Rabbi This week, President and Mrs. Bush are honor Frank H. Davenport as he prepares to Morris Adler. He continued, indeed deepened, hosting a conference at the White House on close the chapter on his 24 years of service the tradition of meeting the needs of individual the importance of character education to our as a member of the Essexville-Hampton Pub- spirituality and serving both the Jewish com- Nation’s youth. This resolution reflects the lic Schools Board of Education. Frank’s devo- munity and the broader community of metro- House’s continuing commitment to ensuring tion to children and his dedication to improving politan Detroit. that positive values are instilled in all children the quality of education in Essexville will serve During his 40 year tenure, Rabbi Groner at a young age, and recognizes one commu- for many years as a model for all who choose has responded to the needs of all whether in nity-based program that is making a real dif- to volunteer their time and talents to their times of joy or moments of bereavement, ference for disadvantaged children across the community. whether encouraging the young in search of country. Frank’s passion for education began in 1954 knowledge, new families seeking guidance Many children throughout the United States as a civics teacher at Essexville Schools, and support for their aspirations, or older per- face difficult circumstances in their lives. Bro- where stayed for 10 years before heading to sons. His sermons over the years have been ken homes, poverty, drugs, alcohol, and vio- the Bangor School District to work with Spe- marked by their insightfulness, wisdom, and lence are everyday factors that many of to- cial Education students. After eight years, wit, delivered with the brilliance of his unique day’s youth continually face. A structured ac- Frank again was ready for a new challenge, oratory. As said by his colleagues, he is ‘‘a tivity, the enjoyment of sport, and the teaching spending the next 13 years at the Bay Arenac brilliant orator and original thinker.’’ of positive values and character traits can be Skill Center, now known as the Career Center, Even more significant still has been Rabbi a tremendous experience and welcome respite from which he retired in 1985 as Curriculum Irwin Groner’s endeavors one on one. For in the lives of these young people. Coordinator. His work earned him a Lifetime thousands, he filled gaps when there was a The First Tee, an innovative model of pub- Achievement Award from the Vocational In- deep vacuum and provided strength at times lic-private partnership, is working to make the dustrial Clubs of America. of weakness. game of golf more affordable and accessible Frank was elected to the Essexville-Hamp- He has reached out to the broader commu- to young people throughout the Nation by ton Board of Education for the first time in nity on national issues, on state issues, serv- opening up golf courses and providing instruc- 1967, where he served until 1971. He returned ing as the Chairman of the Michigan Judicial tion for free and reduced rates to children of in 1982 and has been a board member ever Tenure Commission, and on metropolitan De- all socioeconomic backgrounds. By the year since, including terms as Board President dur- troit issues, having been active in programs of 2005, The First Tee will serve more than ing the 2000–01 school year and as Board interfaith dialogue and honored at the annual 500,000 children in 250 programs throughout Secretary from 1996 to 2000 and again during Dove dinner, along with Detroit Cardinal Adam the United States. In my state of Ohio, there the 2001–02 school year. He also has served Maida. are currently four First Tee facilities that serve on the Bay-Arenac Intermediate School Dis- It is an honor to be able to present in the more than 1,500 hundred children. trict Board of Education since 1989. CONGRESSIONAL RECORD, on behalf of so

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.030 pfrm04 PsN: E18PT1 E1088 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2002 many of my constituents and so many others, (1997) and The Blade (1999), an honorary so that Presidents George H.W. Bush, William a heartfelt tribute to Rabbi Irwin Groner. Forty Doctor of Letters Degree from Adrian College J. Clinton and George W. Bush have all met plus seventy has the sound of biblical num- in Michigan (1999), and the Ohio Library As- with him personally and praised his work. bers; Rabbi Groner has surely lived up to, in- sociation’s recognition of her ‘‘distinguished The key to Professor Yan Xin’s success is deed exceeded, his biblical calling. and creative contributions to children’s lit- his ability to combine modern scientific proce- f erature’’ (1989). Even while living this full and dures with traditional healing and fitness meth- creative life, Millie Benson never forgot her TRIBUTE TO MILLIE BENSON ods. Yan Xin Life Science Technology utilizes fans. She answered every single letter, hon- elements of traditional Chinese culture such ored each request for an autograph, and al- as acupuncture and medicines derived from HON. MARCY KAPTUR ways had time to talk to her fans. natural products, then incorporates Western OF OHIO Everyday of Mildred Benson’s life was spent health treatments and the research of Pro- IN THE HOUSE OF REPRESENTATIVES living to life’s absolute fullest. Her example in- fessor Yan Xin and his peers in the modern spired those around her. Her unflagging en- Tuesday, June 18, 2002 scientific community. This blend of intuitive thusiasm for her chosen profession was infec- and empirical thinking serves as an example Ms. KAPTUR. Mr. Speaker, today I rise in tious and her zest for life unsurpassed. Per- for all of those who are working improve the sad acknowledgment of the passing from this haps Blade publisher John R. Block summa- lives of others. life of a national heroine and true Toledo rized her best, saying ‘‘Millie Benson was one treasure. Millie Benson, author of the original of the greatest women writers and journalists Mr. Speaker, I commend Professor Yan Xin Nancy Drew series of books and lifelong ad- of the 20th century. She was gutsy and dar- both personally and on behalf of all those venturer, passed away on Tuesday, May 28, ing, a living embodiment of her Nancy Drew whose lives have been improved as a result of 2002 the age of 96 years. She had spent the heroine.’’ Our deepest condolences go now to his work. Professor Yan Xin’s career is far day at her desk at The Blade newspaper com- her daughter Peggy. Yet Mildred Benson’s from over, and we can all look forward to con- pleting her regular column. That last column, lasting legacy remains through her books and tinuing successes in his many areas of exper- published on May 29, 2002, discussed the his- the millions of lives her writing and her life tise. tory and importance of the public library sys- have influenced. tem. It is a fitting end to the storied career of In a 1973 issue of Books At Iowa describing f a woman who inspired a lifelong passion for her career, Millie Benson wrote of writing for reading, as she herself had, in generations of the ages and not just a place in time, but her TRIBUTE TO DR. BENJAMIN REED youngsters. essay ‘‘The Ghost of Ladora’’ is actually the Millie Benson was born in the town of finest tribute to her life’s passage, ‘‘So now it Ladora, Iowa to Dr. J.L. and Lillian Augustine is time for the final chapter, seemingly one HON. MARCY KAPTUR on July 10, 1905. In addition to being a vora- destined from the beginning. A fadeout be- OF OHIO cious reader, she also excelled at athletics. comes the most difficult of all, for the story is She pursued both while a student at the Uni- finished, the reader led to believe that the very IN THE HOUSE OF REPRESENTATIVES versity of Iowa, where she was a champion best lies directly ahead. New worlds to con- Tuesday, June 18, 2002 diver, a reporter for the local newspaper, and quer! New horizons to explore! . . . and all a published author. Her first story was pub- the pilots of fantasy suddenly take shape be- lished in 1919 in The Nicholas Magazine of Ms. KAPTUR. Mr. Speaker, this month fore our eyes, their waggling wings flashing brings us the retirement of Dr. Benjamin Reed, New York. It was when completing her Mas- the personal message: ‘Come fly with me.’ ter’s Degree that she began her famous book long time county coroner in Fulton County, Such challenge cannot be denied. Work for- Ohio. I am pleased to recognize Dr. Reed, series, and under a pen name wrote the first gotten, we hasten to the nearby airport where 23 books of the Nancy Drew mysteries. Paid who ended his service April 1, 2002 after a small plane awaits its all-too-willing pas- nearly four decades. little and required to sign away the rights, Mil- senger. Eagerly we take off, climbing high dred Benson remained in obscurity as the above the smog, the petty perplexities of life. A physician in the finest sense of the word books’ author until a legal battle in 1983 re- The sky is blue. The wind blows free, Here at and true public servant, Dr. Reed is known by vealed her identity. last, far above the earth, age and youth imper- everyone in Fulton County and is doctor to all In the meantime, Mildred Benson, who had ceptibly blend, and stem reality dissolves into in his hometown of Delta and to so many married Asa Wirt in 1928, kept busy with the ultimate Magnificent Dream.’’ more in Northwest Ohio. A friend and con- many other pursuits including the writing of fidante to all who knew him, his energetic atti- f several other series for children and novels, tude and dedication to his profession are un- obtaining both commercial and instrument HONORING PROFESSOR YAN XIN surpassed. rated private pilot licenses (in her sixties!), and The practice of medicine runs deep in Dr. traveling into such remote outposts as the jun- HON. MICHAEL M. HONDA Reed’s family. He followed in his grandfather’s gles of Mexico and South America and ar- OF CALIFORNIA footsteps, obtaining his medical degree from cheological sites in Central America, where IN THE HOUSE OF REPRESENTATIVES the University of Louisville. He began his prac- she pursued her hobby exploring Mayan civili- tice in Kentucky, then moved to West Virginia zation. After Mr. Wirt’s passing, in 1950 she Tuesday, June 18, 2002 where he doctored to the people of a coal married George Benson. Mr. Benson was edi- Mr. HONDA. Mr. Speaker, I rise today to mining town. There he learned to put his skills tor of the Toledo Times newspaper. Thus honor the contributions and achievements of to the test as he practiced everything from ob- began her revived career as a reporter. When Professor Yan Xin on the twelfth anniversary stetrics to cardiology to surgery. It was soon the Toledo Times ceased publication in 1959, of the professor’s introduction of the ‘‘Yan Xin after moving to Delta that he began working in she began working for The Blade. Life Science Technology’’ to the American the coroners office, to which he was elected The 1990s brought her renewed acclaim as public. Working as a physician, a professor the author of the Nancy Drew series. Although and a scientist, Professor Yan Xin has had an after seven years. In 1994, his neighbors rec- in her eighties and nineties, she was a guest integral role in major breakthroughs in experi- ognized him as Delta’s Citizen of the Year. of many national and worldwide conferences, mental research, which have led to new meth- In addition to his practice and his coroner’s publications, and televised broadcasts. In ods of preventing disease and promoting the work, Dr. Reed held offices with the Ohio 1993, she was the feature of the University of health of humankind. State Medical Association, the Fulton County Iowa’s Nancy Drew conference. Recognized Professor Yan Xin has long been recog- Medical Society, and the American Heart As- by her alma mater not only for her journalism, nized as a leader in the fight against cancer, sociation’s Northwest Ohio Chapter. As he she was also remembered as the first woman AIDS, and diseases associated with the aging ends his public life, may Dr. Reed enjoy the to receive a master’s degree in journalism process. He has been certified as a chief phy- serenity of family life and the peace which from that institution, an accomplishment she sician by the Ministry of Health in China and comes from a job well done. We wish him a achieved in 1927. She was inducted into the has conducted collaborative research with very enjoyable retirement as he spends time Iowa Women’s Hall of Fame and received her several world-renowned research institutes on his own schedule and preferred activities, alma mater’s highest alumni award. Other rec- and universities. Professor Yan Xin has been and with the family and friends dear to him. ognitions included lifetime achievement a blessing to both his colleagues and those Thank you Dr. Reed, for your exemplary serv- awards from the Ohio Newspaper Women who have benefited from his healing, so much ice to us all!

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A18JN8.034 pfrm04 PsN: E18PT1 June 18, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1089 PERSONAL EXPLANATION celebrated by Holy Trinity Lutheran Church in Christ’s command to be fishers of men and to Toledo, Ohio. On June 11, 2002, the church feed His sheep so that Christ may be alive in HON. MICHAEL M. HONDA will have achieved its 100th year. A special the lives of all.’’ Living this calling, Holy Trin- OF CALIFORNIA anniversary celebration commemorating this ity’s faithful have maintained a consistent IN THE HOUSE OF REPRESENTATIVES milestone will be held on Sunday, June 9, Christian presence in the neighborhood and 2002, when the bishop of the Northwest Ohio Tuesday, June 18, 2002 our community, seeking to live the Gospels Synod E.L.C.A. will conduct a centennial Mr. HONDA. Mr. Speaker, on rollcall Nos. church service. and Christ’s teachings so that all are made 230, 231 and 232, I was unavoidably detained Soon after its 1902 inception, Dr. G. Neiffer whole. At the same time, the church has with matters important to my district. Had I was installed as the church’s first pastor in evolved with an ever-changing society over been present, I would have voted ‘‘yea’’ on 1904. Having outgrown its initial site, the the century, so that it has remained a vibrant rollcall votes 230, 231 and 232. present building’s cornerstone was laid in and integral part of the lives of its congregants f 1924, followed by a 1949 groundbreaking. In and our community. 1951, Pastor C.A. Hackenberg formally dedi- TRIBUTE TO HOLY TRINITY LU- For the members of Holy Trinity Lutheran cated the church. Through the years it has THERAN CHURCH IN TOLEDO, Church both past and present, this anniver- OHIO grown to meet the needs of its congregation, so that the church facilities include an edu- sary will be a time of introspection, remem- HON. MARCY KAPTUR cation wing, a multi-purpose gymnasium, and brance, and reflection. But even as its mem- a day care center. Youth and senior activities, bers look back across a century of worship, OF OHIO good works, and communion, I know that they IN THE HOUSE OF REPRESENTATIVES intergenerational services, small group min- istries, and retreats serve today’s active mem- will also look forward to a new century fulfilling Tuesday, June 18, 2002 bership. its mission to ensure ‘‘that Christ may be alive Ms. KAPTUR. Mr. Speaker, I am pleased to Holy Trinity Lutheran Church’s mission in the lives of all.’’ recognize a momentous occasion soon to be states the church is ‘‘committed to follow

VerDate 112000 05:21 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.037 pfrm04 PsN: E18PT1 Tuesday, June 18, 2002 Daily Digest

HIGHLIGHTS Senate passed S. 2600, Terrorism Risk Insurance Act. The House agreed to the Senate amendments to H.R. 327, Small Busi- ness Paperwork Relief Act—clearing the measure for the President. The House agreed to the Senate amendment to H.R. 3275, Terrorist Bombings Convention Implementation Act—clearing the measure for the President. The House agreed to the Senate amendment to H.R. 4560, Auction Re- form Act of 2002—clearing the measure for the President. The House Committee on Rules reported a resolution, H. Res. 449, to establish the Select Committee on Homeland Security. Senate Dodd Amendment No. 3881, to make certain Chamber Action modifications. Pages S5665–66 Routine Proceedings, pages S5643–S5720 Dodd Amendment No. 3883, to make certain Measures Introduced: Twelve bills and one resolu- modifications. Pages S5665–66 tion were introduced, as follows: S. 2631–2642, and Dodd Amendment No. 3884, to make certain S. Res. 287. Page S5696 modifications. Pages S5665–66 Measures Passed: Dodd Amendment No. 3885, to make certain modifications. Pages S5665–66 Terrorism Risk Insurance Act: By 84 yeas to 14 Dodd Amendment No. 3886, to make certain nays (Vote No. 157), Senate passed S. 2600, to en- modifications. Pages S5665–66 sure the continued financial capacity of insurers to Dodd Amendment No. 3887, to make certain provide coverage for risks from terrorism, after tak- modifications. Pages S5665–66 ing action on the following amendments proposed Dodd Amendment No. 3889, to make certain thereto: modifications. Pages S5665–66 Pages S5643–50, S5662, S5656–59, S5662–63, S5664–73 Dodd Amendment No. 3890, to make certain Adopted: modifications. Pages S5665–66 Dodd Amendment No. 3872, to make certain During consideration of this measure today, Senate modifications. Pages S5665–66 also took the following actions: Dodd Amendment No. 3874, to make certain By 65 yeas to 31 nays (Vote No. 156), three-fifths modifications. Pages S5665–66 of those Senators duly chosen and sworn, having Dodd Amendment No. 3875, to make certain voted in the affirmative, Senate agreed to the motion modifications. Pages S5665–66 to close further debate on the bill. Pages S5646–47 Dodd Amendment No. 3876, to make certain The Chair sustained a point of order that modifications. Pages S5665–66 Brownback Amendment No. 3843, to prohibit the Dodd Amendment No. 3877, to make certain patentability of human organisms, was not germane, modifications. Pages S5665–66 and the amendment was ruled out of order. Dodd Amendment No. 3878, to make certain Pages S5643–49 modifications. Pages S5665–66 Subsequently, Ensign Amendment No. 3844 (to Dodd Amendment No. 3879, to make certain Amendment No. 3843), to prohibit the patentability modifications. Pages S5665–66 D629

VerDate 11-MAY-2000 05:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN2.REC pfrm04 PsN: D18JN2 D630 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2002 of human organisms, fell when Brownback Amend- National Defense Authorization Act: Senate ment No. 3843 was ruled out of order. began consideration of S. 2514, to authorize appro- Pages S5643–49 priations for fiscal year 2003 for military activities Pending motion to close further debate on of the Department of Defense, for military construc- Brownback Amendment No. 3843 (listed above), fell tion, and for defense activities of the Department of when Brownback Amendment No. 3843 was ruled Energy, to prescribe personnel strengths for such fis- out of order. Pages S5643–49 cal year for the Armed Forces. Pages S5674–87 The Chair sustained a point of order that Specter A unanimous-consent agreement was reached pro- Amendment No. 3862, to provide for procedures for viding for further consideration of the bill at 11 civil actions, was not germane post cloture, and the a.m., on Wednesday, June 19, 2002. amendment was ruled out of order. Pages S5674, S5720 Pages S5656–59, S5662–63, S5664–65 Port and Maritime Security Act: Senate disagreed Auction Reform Act: Senate passed H.R. 4560, to to the amendment of the House to S. 1214, to eliminate the deadlines for spectrum auctions of amend the Merchant Marine Act, 1936, to establish spectrum previously allocated to television broad- a program to ensure greater security for United casting, after agreeing to the following amendment States seaports, agreed to the House request for a proposed thereto: Pages S5673–74 conference, and the Chair was authorized to appoint Daschle (for Ensign/Kerry/Stevens) Amendment the following conferees on the part of the Senate: No. 3893, in the nature of a substitute. Senators Hollings, Inouye, Kerry, Breaux, Wyden, Pages S5673–74 Cleland, Boxer, McCain, Stevens, Lott, Hutchison, American Society of Civil Engineers 150th An- Snowe, and Smith (OR); and for matters in Section niversary: Senate agreed to S. Con. Res. 104, recog- 108 of the House amendment and Sections 112 and nizing the American Society of Civil Engineers on 115 of the Senate bill: Senators Graham and Grass- the occasion of the 150th anniversary of its founding ley. Page S5673 and for the many vital contributions of civil engi- Treaties Approved: The following treaties having neers to the quality of life of the people of the passed through their various parliamentary stages, up United States, including the research and develop- to and including the presentation of the resolution ment projects that have led to the physical infra- of ratification, upon division, two-thirds of the Sen- structure of modern America. Page S5719 ators present and having voted in the affirmative, the American Society of Civil Engineers 150th An- resolutions of ratification were agreed to: niversary: Senate agreed to H. Con. Res. 387, recog- Optional Protocol No. 1 to Convention on Rights nizing the American Society of Civil Engineers for of the Child on Involvement of Children in Armed reaching its 150th Anniversary and for the many Conflict Treaty Doc. 106–37(A) with five under- vital contributions of civil engineers to the quality standings and three conditions; and of life of our Nation’s people including the research Optional Protocol No. 2 to Convention on the and development projects that have led to the phys- Rights of the Child on the Sale of Children, Child ical infrastructure of modern America. Pages S5719–20 Prostitution and Child Pornography Treaty Doc. Congratulating Detroit Red Wings Hockey 106–37(B) with one reservation, six understandings, Team: Senate agreed to S. Res. 287, congratulating one declaration, and one condition. Pages S5716–19 the Detroit Red Wings on winning the 2002 Na- Appointments: tional Hockey League Stanley Cup Championship and again bringing the Cup home to Hockeytown. U.S. Air Force Academy: The Chair, on behalf of Page S5720 the Vice President, pursuant to 10 U.S.C. 9355(a), appointed the following Senators to the Board of Measures Indefinitely Postponed: Visitors of the U.S. Air Force Academy: Senators Al- National Defense Authorization Act: H.R. 2586, lard (At Large), Cleland (designated by the Chairman to authorize appropriations for fiscal year 2002 for of the Committee on Armed Services, Craig (from military activities of the Department of Defense, for the Committee on Appropriations—reappointment), military construction, and for defense activities of and Hollings (from the Committee on Appropria- the Department of Energy, to prescribe personnel tions—reappointment). Page S5719 strengths for such fiscal year for the Armed Forces. U.S. Naval Academy: The Chair, on behalf of the Page S5719 Vice President, pursuant to 10 U.S.C. 6968(a), ap- Radio Free Afghanistan Act: S. 1779, to author- pointed the following Senators to the Board of Visi- ize the establishment of ‘‘Radio Free Afghanistan’’. tors of the U.S. Naval Academy: Senators Cochran Page S5719 (from the Committee on Appropriations), McCain

VerDate 11-MAY-2000 05:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN2.REC pfrm04 PsN: D18JN2 June 18, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D631 (designated by the Chairman of the Committee on Armed Services), Mikulski (from the Committee on Committee Meetings Appropriations), and Sarbanes (At Large). Page S5719 (Committees not listed did not meet) U.S. Military Academy: The Chair, on behalf of the Vice President, pursuant to 10 U.S.C. 4355(a), BUSINESS MEETING appointed the following Senators to the Board of Committee on Banking, Housing, and Urban Affairs: Visitors of the U.S. Military Academy: Senators Committee ordered favorably reported an original DeWine (from the Committee on Appropriations— bill, to improve quality and transparency in financial reappointment), Landrieu (from the Committee on reporting and independent audits and accounting Appropriations—reappointment), Reed (designated services for public companies, to create a Public by the Chairman of the Committee on Armed Serv- Company Accounting Oversight Board, to enhance ices), and Santorum (At Large). Page S5719 the standard setting process for accounting practices, to strengthen the independence of firms that audit Bill Referral—Agreement: Committee on Veterans’ public companies, to increase corporate responsibility Affairs was discharged from further consideration of and the usefulness of corporate financial disclosure, S. 1272, to assist United States veterans who were to protect the objectivity and independence of secu- treated as slave laborers while held as prisoners of rities analysts, and to improve Securities and Ex- war by Japan during World War II, and was then change Commission resources and oversight. referred to the Committee on the Judiciary. SPORTS PERFORMANCE-ENHANCEMENT Page S5720 DRUG USE Enrolled Bills Signed—Agreement: A unanimous- Committee on Commerce, Science, and Transportation: Sub- consent agreement was reached providing that Sen- committee on Consumer Affairs, Foreign Commerce, ator Reid be authorized to sign an enrolled bill. and Tourism concluded hearings to examine steroid Page S5720 use in professional baseball and anti-doping issues in Messages From the President: Senate received the amateur sports, after receiving testimony from Jerry following message from the President of the United Colangelo, AZPB Limited Partnership/Arizona States: Diamondbacks, Phoenix; Donald M. Fehr, Major Transmitting a draft of proposed legislation enti- League Baseball Players Association, and Robert D. tled ‘‘Homeland Security Act of 2002’’; to the Com- Manfred, Jr., Major League Baseball, both of New mittee on Governmental Affairs. (PM–92) York, New York; Frank Shorter, United States Anti- Pages S5691–93 Doping Agency, Boulder, Colorado; Greg Schwab, Tigard High School, Vancouver, Washington; and Messages From the House: Pages S5693–94 Bernard Greisemer, Springfield, Missouri. Measures Referred: Page S5694 PUBLIC LANDS AND FORESTS Executive Communications: Pages S5694–96 Committee on Energy and Natural Resources: Sub- Additional Cosponsors: Pages S5696–98 committee on Public Lands and Forests concluded Statements on Introduced Bills/Resolutions: hearings on S. 198, to require the Secretary of the Pages S5698–S5714 Interior to establish a program to provide assistance through States to eligible weed management entities Additional Statements: Pages S5689–91 to control or eradicate harmful, nonnative weeds on Amendments Submitted: Pages S5714–15 public and private land, S. 1846, to prohibit oil and Notices of Hearings/Meetings: Page S5716 gas drilling in Finger Lakes National Forest in the State of New York, S. 1879, to resolve the claims Authority for Committees to Meet: Page S5716 of Cook Inlet Region, Inc., to lands adjacent to the Privilege of the Floor: Page S5716 Russian River in the State of Alaska, S. 2222, to re- Record Votes: Two record votes were taken today. solve certain conveyances and provide for alternative land selections under the Alaska Native Claims Set- (Total—157) Pages S5646, S5669 tlement Act related to Cape Fox Corporation and Adjournment: Senate met at 9:30 a.m., and ad- Sealaska Corporation, S. 2471, to provide for the journed at 6:30 p.m., until 10 a.m., on Wednesday, independent investigation of Federal wildland fire- June 19, 2002. (For Senate’s program, see the re- fighter fatalities, and S. 2482, to direct the Secretary marks of the Acting Majority Leader in today’s of the Interior to grant to Deschutes and Crook Record on page S5720). Counties in the State of Oregon a right-of-way to

VerDate 11-MAY-2000 05:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN2.REC pfrm04 PsN: D18JN2 D632 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2002 West Butte Road, after receiving testimony from S. 2119, to amend the Internal Revenue Code of Tom Thompson, Deputy Chief, National Forest Sys- 1986 to provide for the tax treatment of inverted tem, Department of Agriculture; James Tate, Jr., corporate entities and of transactions with such enti- Science Advisor, David Allen, Regional Director, ties. Fish and Wildlife Service, and Bob Anderson, Dep- ELDER ABUSE uty Assistant Director, Minerals, Realty, and Re- source Protection, Bureau of Land Management, all Committee on Finance: Committee held hearings to ex- of the Department of the Interior; Glen Secrist, amine the protection of seniors from abuse and ne- Idaho State Department of Agriculture, Boise; Rich- glect, and ways to prevent, identify, and intervene in ard Shields, Cape Fox Corporation, Ketchikan, Alas- situations involving elder mistreatment, receiving ka; Carl H. Marrs, Cook Inlet Region, Inc., Anchor- testimony from Robert B. Blancato, National Com- age, Alaska; Scott Klundt, National Cattlemen’s Beef mittee for the Prevention of Elder Abuse, Wash- Association, Washington, D.C.; and Buck ington, D.C., former Executive Director, White Lindekugel, Southeast Alaska Conservation Council, House Conference on Aging; Catherine Hawes, Texas Juneau. A&M University School of Rural Public Health Southwest Rural Health Research Center, College ARMY CORPS OF ENGINEERS Station, Texas; Joanne Otto, National Association of Committee on Environment and Public Works: Com- Adult Protective Services Administrators, Boulder, mittee concluded hearings on S. 1987, to provide for Colorado; Carmel Bitondo Dyer, Baylor College of reform of the Corps of Engineers, S. 646, to reform Medicine/Harris County Hospital District Geriatrics the Army Corps of Engineers, and water resources Program, Houston, Texas, on behalf of the Texas development programs within the U.S. Army Corps Elder Abuse and Mistreatment Institute; Randolph of Engineers, focusing on accountability, changes in W. Thomas, South Carolina Department of Public the review process, and improvements in wetlands Safety Criminal Justice Academy, Columbia; and litigation, after receiving testimony from Senator Richard J. Bonnie, University of Virginia Schools of Feingold; R. L. Brownlee, Acting Assistant Secretary Law and Medicine, Charlottesville, on behalf of the of the Army for Civil Works; Lt. Gen. Robert B. National Academy of Sciences Institute of Medicine Flowers, Chief of Engineers, U.S. Army Corps of En- National Research Council Panel to Review Risk and gineers, Department of Defense; Thomas J. Chase, Prevalence of Elder Abuse and Neglect. American Association of Port Authorities, Alexan- Hearings recessed subject to call. dria, Virginia; Montgomery Fischer, National Wild- TEXAS RESTORATION ACT life Federation, Reston, Virginia; Steve Ellis, on be- Committee on Indian Affairs: Committee concluded half of Taxpayers for Common Sense, and the Coun- oversight hearings to examine the implementation of cil for Citizens Against Government Waste, and the Texas Restoration Act (P.L. 100–89), to provide Tony MacDonald, Coastal States Organization, Inc., for the restoration of Federal recognition to the both of Washington, D.C.; Lisa Holland, South Ysleta del Sur Pueblo and the Alabama and Carolina Department of Natural Resources, Colum- Coushatta Indian Tribes of Texas, the interplay be- bia; Christopher J. Brescia, Midwest Area River Coa- tween the Act and the Indian Gaming Regulatory lition 2000, St. Louis, Missouri; G. Edward Dickey, Act, and the laws of the State of Texas as they relate Baltimore, Maryland; and Jim Robinson, Jr., East to gaming, after receiving testimony from Kevin Prairie, Missouri. Battise, Alabama-Coushatta Indian Tribes of Texas, BUSINESS MEETING Livingston; Alex Skibine, University of Utah School of Law, Salt Lake City, former House Interior Com- Committee on Finance: Committee ordered favorably mittee Deputy Counsel for Indian Affairs; and Vir- reported the following bills: ginia W. Boylan, Dorsey and Whitney, Washington, H.R. 7, to provide incentives for charitable con- D.C. tributions by individuals and businesses, to improve the effectiveness and efficiency of government pro- DEATH PENALTY REFORM gram delivery to individuals and families in need, Committee on the Judiciary: Committee concluded and to enhance the ability of low-income Americans hearings on S. 2446, to ensure that death penalty to gain financial security by building assets, with an defendants have a true opportunity to have their amendment in the nature of a substitute; cases considered by the courts; S. 800, to provide for S. 2498, to amend the Internal Revenue Code of post conviction DNA testing, to establish a com- 1986 to require adequate disclosure of transactions petent counsel grant program; S. 486, to reduce the which have a potential for tax avoidance or evasion; risk that innocent persons may be executed; and S. and 233, to place a moratorium on executions by the

VerDate 11-MAY-2000 05:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN2.REC pfrm04 PsN: D18JN2 June 18, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D633 Federal Government and urge the States to do the ern District of Virginia; Paul A. Logli, Winnebago same, while a National Commission on the Death County State’s Attorney, Rockford, Illinois, on behalf Penalty reviews the fairness of the imposition of the of the National District Attorneys Association; Barry death penalty; after receiving testimony from Rep- Scheck, New York State Forensic Science Review and resentatives Delahunt and LaHood; William G. Otis, The Innocence Project, and James S. Liebman, Co- George Mason University Law School, Falls Church, lumbia University School of Law, both of New York, Virginia, former Special White House Counsel and New York; and Larry Yackle, Boston University former Assistant United States Attorney for the East- School of Law, Boston, Massachusetts. h House of Representatives Private Calendar: Agreed to dispense with the call Chamber Action of the Private Calendar of Tuesday, June 18. Measures Introduced: 7 public bills, H.R. Page H3611 4954–4960; and 3 resolutions, H.J. Res. 99; H. Suspensions: The House agreed to suspend the rules Con. Res. 421, and H. Res. 448, were introduced. and pass the following measures: Page H3668 Native American including Sioux, Comanche, Reports Filed: Reports were filed as follows: and Choctaw Code Talkers Recognition Act: H.R. H.R. 3400, to amend the High-Performance 3250, amended, to authorize the President to present Computing Act of 1991 to authorize appropriations a gold medal on behalf of Congress to the Sioux In- for fiscal years 2003 through 2007 for the coordi- dians who served as Sioux Code Talkers during nated Federal program on networking and informa- World War II in recognition of their service to the tion technology research and development, amended Nation. Agreed to amend the title so as to read: ‘‘A (H. Rept. 107–511); bill to authorize the presentation of gold medals on H.R. 3558, to protect, conserve, and restore native behalf of Congress to Native Americans who served fish, wildlife, and their natural habitats on Federal as Code Talkers during foreign conflicts in which lands through cooperative, incentive-based grants to the United States was involved during the 20th Cen- control, mitigate, and eradicate harmful nonnative tury in recognition of their service to the Nation.’’; species, amended (H. Rept. 107–512); Pages H3613–17 H.R. 3942, to adjust the boundary of the John Ron Packard Post Office, Oceanside, California: Muir National Historic Site (H. Rept. 107–513); H.R. 4794, to designate the facility of the United H. Res. 446, providing for consideration of H.R. States Postal Service located at 1895 Avenida Del 3389, to reauthorize the National Sea Grant College Oro in Oceanside, California, as the ‘‘Ronald C. Program Act (H. Rept. 107–514); Packard Post Office Building’’ (agreed to by a yea- H. Res. 447, providing for consideration of H.R. and-nay vote of 418 yeas with none voting ‘‘nay,’’ 1979, to amend title 49, United States Code, to pro- Roll No. 234); Pages H3618–20, H3632 vide assistance for the reconstruction of certain air traffic control towers (H. Rept. 107–515); Jim Fonteno Post Office, Pasadena, Texas: H.R. 4717, to designate the facility of the United States H.R. 3951, to provide regulatory relief and im- Postal Service located at 1199 Pasadena Boulevard in prove productivity for insured depository institu- Pasadena, Texas, as the ‘‘Jim Fonteno Post Office tions, amended (H. Rept. 107–516, Pt. 1); and Building’’ (agreed to by a yea-and-nay vote of 415 H. Res. 449, to establish the Select Committee on yeas with none voting ‘‘nay’’, Roll No. 235); and Homeland Security (H. Rept. 107–517). Pages H3620–22, H3632–33 Pages H3667–68 Honoring Col. Aaron Bank, Father of the Spe- Speaker Pro Tempore: Read a letter from the cial Forces and the 50th Anniversary of the Army Speaker wherein he appointed Representative Pence Special Forces: H. Con. Res. 364, amended, recog- to act as Speaker pro tempore for today. Page H3605 nizing the historic significance of the 50th anniver- Recess: The House recessed at 11:20 p.m. and re- sary of the founding of the United States Army Spe- convened at 12 noon. Page H3611 cial Forces and honoring the ‘‘Father of the Special Forces’’, Colonel Aaron Bank (United States Army,

VerDate 11-MAY-2000 05:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN2.REC pfrm04 PsN: D18JN2 D634 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2002 retired) of Mission Viejo, California, for his role in Quorum Calls—Votes: Three yea-and-nay votes de- establishing the Army Special Forces. Pages H3635–39 veloped during the proceedings of the House today Small Business Paperwork Relief Act: The House and appear on pages H3631–32, H3632, and agreed to the Ose motion to concur in the Senate H3633. There were no quorum calls. amendments to H.R. 327, to amend chapter 35 of Adjournment: The House met at 10:30 a.m. and title 44, United States Code, for the purpose of fa- adjourned at 9:03 p.m. cilitating compliance by small businesses with cer- tain Federal paperwork requirements and to establish a task force to examine the feasibility of streamlining Committee Meetings paperwork requirements applicable to small busi- TREASURY, POSTAL SERVICE AND nesses, by a yea-and-nay vote of 418 yeas with none GENERAL GOVERNMENT APPROPRIATIONS voting ‘‘nay,’’ Roll No. 233—clearing the measure Committee on Appropriations: Subcommittee on Treas- for the President. Pages H3623–32 ury, Postal Service and General Government held a Agreed to H. Res. 444, the rule that provided for hearing on OPM. Testimony was heard from Dan G. consideration of the Senate amendments by voice Blair, Deputy Director, OPM. vote. Pages H3622–23 Motion to Instruct Conferees: Representative HEALTH CARE—RISING COST Hastings of Florida announced his intention to offer Committee on Education and the Workforce: Sub- a motion to instruct conferees on H.R. 3295, Help committee on Employer-Employee Relations held a America Vote Act, to (1) insist upon the provisions hearing on ‘‘The Rising Cost of Health Care: How contained in section 504(a) of the House bill (relat- are Employers and Employees Responding?’’ Testi- ing to the effective date for the Federal minimum mony was heard from S. Catherine Longley, Com- standards for State election systems); and (2) to dis- missioner, Department of Professional and Financial agree to the provisions contained in section 104(b) Regulation, State of Maine; and public witnesses. of the Senate amendment to the House bill (relating to a safe harbor from the enforcement of the Federal MEDICARE MODERNIZATION AND minimum standards for State election systems for PRESCRIPTION DRUG ACT States receiving Federal funds under the bill). Committee on Energy and Commerce: Began consider- Page H3633 ation of the Medicare Modernization and Prescrip- Terrorist Bombings Convention Implementation tion Drug Act of 2002. Act: The House agreed to the Senate amendment to Will continue tomorrow. H.R. 3275, to implement the International Conven- INSURANCE REGULATION AND tion for the Suppression of Terrorist Bombings to COMPETITION FOR THE 21ST CENTURY strengthen criminal laws relating to attacks on places of public use, to implement the International Con- Committee on Financial Services: Subcommittee on Cap- vention of the Suppression of the Financing of Ter- ital Markets, Insurance and Government Sponsored rorism, to combat terrorism and defend the Nation Enterprises concluded hearings entitled ‘‘Insurance against terrorist acts clearing the measure for the Regulation and Competition for the 21st Century.’’ Part III. Testimony was heard from public witnesses. President. Pages H3633–35 Presidential Message—Department of Homeland HOUSING AFFORDABILITY FOR AMERICA Security: Read a letter from the President wherein ACT he transmitted to the Congress proposed legislation Committee on Financial Services: Subcommittee on to create a new Cabinet Department of Homeland Housing and Community Opportunity approved for Security—referred to the Union Calendar and or- full Committee action, as amended, H.R. 3995, dered printed (H. Doc. 107–227). Pages H3639–41 Housing Affordability for America Act of 2002. Auction Reform Act of 2002: The House agreed ACCOUNTABILITY FOR PRESIDENTIAL to the Senate amendment to H.R. 4560, to eliminate RECORDS ACT the deadlines for spectrum auctions of spectrum pre- viously allocated to television broadcasting, clearing Committee on Government Reform: Subcommittee on the measure for the President. Pages H3660–61 Government Efficiency, Financial Management, and Intergovernmental Relations held a hearing on H.R Recess: The House recessed at 7:11 p.m. and recon- 1081, Accountability for Presidential Records Act, vened at 9:02 p.m. Page H3666 Testimony was heard from John W. Carlin, Archi- Senate Messages: Message received from the Senate vist of the United States; National Archives and today appears on page H3659. Records Administration; P. Daniel Smith, Special

VerDate 11-MAY-2000 05:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN2.REC pfrm04 PsN: D18JN2 June 18, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D635 Assistant to the Director, National Park Service, De- of the amendment recommended by the Committee partment of the Interior; and public witnesses. on Resources and the Committee on Science now printed in the bill, it shall be in order to consider ACCOUNTABILITY OF TAX DOLLARS ACT; as an original bill for the purpose of amendment the IMPROPER PAYMENTS REDUCTION ACT amendment in the nature of a substitute printed in Committee on Government Reform: Subcommittee on the report of the Rules Committee accompanying Government Efficiency, Financial Management, and the resolution. The rule waives all points of order Intergovernmental Relations approved for full Com- against the amendment in the nature of a substitute. mittee action, as amended the following bills: H.R. The rule provides that the amendment in the nature 4685, Accountability of Tax Dollars Act of 2002; of a substitute shall be open for amendment by sec- and H.R. 4978, Improper Payments Reduction Act tion. The rule allows the Chairman of the Com- of 2002. mittee of the Whole to accord priority in recogni- MIDDLE EAST—RECENT DEVELOPMENTS tion to Members who have pre-printed their amend- ments in the Congressional Record. The rule pro- Committee on International Relations: Subcommittee on vides one motion to recommit with or without in- Middle East and South Asia held a hearing on Re- structions. Testimony was heard from Chairman cent Developments in the Middle East. Testimony Hansen and Representative Gilchrest. was heard from William J. Burns, Assistant Sec- retary, Bureau of Near Eastern Affairs, Department SMALL AIRPORT SAFETY, SECURITY, AND of State. AIR SERVICE IMPROVEMENT ACT Committee on Rules: Committee granted, by voice MISCELLANEOUS MEASURES vote, an open rule providing 1 hour of debate on Committee on the Judiciary: Ordered reported, as H.R. 1979, Small Airport Safety, Security, and Air amended, H.R. 3215, Combating Illegal Gambling Service Improvement Act of 2002, equally divided Reform and Modernization Act. and controlled by the chairman and ranking minor- The Committee concluded markup of H.R. 4623, ity member of the Committee on Transportation and Child Obscenity and Pornography Prevention Act of Infrastructure. The rule provides that it shall be in 2002. order to consider as an original bill for the purpose The Committee also began markup of H.R. 4477, of amendment the amendment in the nature of a Sex Tourism Prohibition Improvement Act of 2002. substitute recommended by the Committee on Will continue tomorrow. Transportation and Infrastructure now printed in the bill. The rule waives all points of order against the INNOCENCE PROTECTION ACT committee amendment in the nature of a substitute. Committee on the Judiciary: Subcommittee on Crime, The rule provides that the committee amendment in Terrorism, and Homeland Security held a hearing on the nature of a substitute shall be open for amend- H.R. 912, Innocence Protection Act of 2001. Testi- ment by section. The rule allows the chairman of the mony was heard from Robert A. Graci, Assistant Ex- Committee of the Whole to accord priority in rec- ecutive Deputy Attorney General, State of Pennsyl- ognition to those members who have pre-printed vania; and public witnesses. their amendments in the Congressional Record. Fi- SOUND SCIENCE FOR ENDANGERED nally, the rule provides one motion to recommit SPECIES ACT PLANNING ACT with or without instructions. Testimony was heard from Representatives Mica, Oberstar, and Lipinski. Committee on Resources: Met to discuss H.R. 4840, Sound Science for Endangered Species Act Planning SELECT COMMITTEE ON HOMELAND Act of 2002. SECURITY Will continue tomorrow. Committee on Rules: Granted, by voice vote, a resolu- tion establishing a Select Committee on Homeland NATIONAL SEA COLLEGE PROGRAM ACT Security. The resolution provides that the select Committee on Rules: Committee granted, by voice committee shall be composed of nine Members ap- vote, an open rule providing 1 hour of general de- pointed by the Speaker, of whom one shall be des- bate on H.R. 3389, National Sea College Program ignated by the Speaker as chairman, and of whom Act Amendments of 2002, with 40 minutes equally four shall be appointed on the recommendation of divided and controlled by the chairman and ranking the Minority Leader. The resolution provides that minority member of the Committee on Resources the select committee may develop recommendations and 20 minutes equally divided and controlled by and report to the House on such matters that relate the chairman and ranking minority member of the to the establishment of a department of homeland Committee on Science. The rule provides that in lieu security as may be referred to it by the Speaker and

VerDate 11-MAY-2000 05:23 Jun 19, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D18JN2.REC pfrm04 PsN: D18JN2 D636 CONGRESSIONAL RECORD — DAILY DIGEST June 18, 2002 on recommendations submitted to it under section 6 Committees will meet again tomorrow. of the resolution. The resolution provides that rule f XI, regarding procedures of committees and unfin- ished business, shall apply to the select committee to COMMITTEE MEETINGS FOR WEDNESDAY, the extent not inconsistent with the resolution, ex- JUNE 19, 2002 cept as specified in the resolution. The resolution (Committee meetings are open unless otherwise indicated) provides that clause 10(b) of rule X, regarding the adoption of committee rules, shall not apply to the Senate select committee. The resolution provides that the Committee on Appropriations: Subcommittee on Treasury select committee may utilize the services of the staff and General Government, to hold hearings to examine of the House. The resolution provides that each the effectiveness of the National Youth Anti-Drug Media standing or permanent select committee to which Campaign, 2:30 p.m., SD–192. the Speaker refers a bill introduced by the Majority Committee on Commerce, Science, and Transportation: Sub- Leader or his designee that proposes to establish a committee on Communications, to hold hearings to ex- department of homeland security may submit its rec- amine future sufficiency and stability of the Universal ommendation on the bill only to the select com- Service Fund, 10 a.m., SR–253. mittee. The resolution provides that such rec- Subcommittee on Science, Technology, and Space, to ommendations may be submitted no later than a hold hearings to examine the National Aeronautics and time designated by the Speaker. The resolution pro- Space Administration, focusing on education programs, 2:30 p.m., SR–253. vides that the select committee shall consider rec- Committee on Energy and Natural Resources: to hold hear- ommendations submitted to it and shall report to ings on S. 2473, to enhance the Recreational Fee Dem- the House its recommendations. The resolution pro- onstration Program for the National Park Service; and S. vides that the select committee shall cease to exist 2607, to authorize the Secretary of the Interior and the upon final disposition of a bill described in section Secretary of Agriculture to collect recreation fees on Fed- 6(a) of the resolution, including final disposition of eral lands, 9:30 a.m., SD–366. any veto message on such bill. The resolution pro- Committee on Foreign Relations: Subcommittee on West- vides that upon the dissolution of the select com- ern Hemisphere, Peace Corps and Narcotics Affairs, to mittee, the resolution shall not be construed to alter hold hearings on S. 1017/H.R. 2138, to provide the peo- the jurisdiction of any standing committee. Finally, ple of Cuba with access to food and medicines from the the resolution provides that upon the dissolution of United States, to ease restrictions on travel to Cuba, to the select committee, the records of the select com- provide scholarships for certain Cuban nationals, 2:30 p.m., SD–419. mittee shall become the records of any committee Committee on Governmental Affairs: to hold hearings on designated by the Speaker. the nomination of Michael D. Brown, of Colorado, to be INTERMODALISM Deputy Director of the Federal Emergency Management Agency, 10:30 a.m., SD–342. Committee on Transportation and Infrastructure: Sub- Committee on Health, Education, Labor, and Pensions: busi- committee on Highways and Transit held a hearing ness meeting to consider S. 2184, to provide for the on Intermodalism: Moving America’s People and reissuance of a rule relating to ergonomics; S. 2558, to Goods. Testimony was heard from Emil Frankel, As- amend the Public Health Service Act to provide for the sistant Secretary, Transportation Policy, Department collection of data on benign brain-related tumors through of Transportation; John Porcari, Secretary, Depart- the national program of cancer registries; S. 2328, to ment of Transportation; and public witnesses. amend the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act to ensure a safe pregnancy MEDICARE MODERNIZATION AND for all women in the United States, to reduce the rate of PRESCRIPTION DRUG ACT maternal morbidity and mortality, to eliminate racial and Committee on Ways and Means: Began markup of H.R. ethnic disparities in maternal health outcomes, to reduce 4954, Medicare Modernization and Prescription pre-term, labor, to examine the impact of pregnancy on Drug Act of 2002; and H.R. 4946, Improving Ac- the short and long term health of women, to expand cess to Long-Term Care Act of 2002. knowledge about the safety and dosing of drugs to treat pregnant women with chronic conditions and women who become sick during pregnancy, to expand public health Joint Meetings prevention, education and outreach, and to develop im- 9/11 INTELLIGENCE INVESTIGATION proved and more accurate data collection related to ma- ternal morbidity and mortality; S. 1115, to amend the Joint Hearing: Senate Select Committee on Intel- Public Health Service Act with respect to making ligence held joint closed hearings with the House progress toward the goal of eliminating tuberculosis; S. Permanent Select Committee on Intelligence to ex- 710, to require coverage for colorectal cancer screenings; amine events surrounding September 11, 2001. and pending nominations, 9:30 a.m., SD–430.

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Full Committee, to hold hearings on proposed legisla- to improve access to physicians in medically underserved tion authorizing funds for the National Science Founda- areas; H. Res. 417, recognizing and honoring the career tion, focusing on math and science research, development, and work of Justice C. Clifton Young; and H.R. 4864, and education in the 21st century, 1:45 p.m., SD–430. Anti-Terrorism Explosives Act of 2002, 10 a.m., 2141 Select Committee on Intelligence: to hold joint closed hear- Rayburn. ings with the House Permanent Select Committee on In- Subcommittee on Immigration, Border Security, and telligence to examine certain events surrounding Sep- Claims, oversight hearing on ‘‘The Immigration and Nat- tember 11, 2001, 10 a.m., S–407, Capitol. uralization Service’s (INS’s) Interior Enforcement Strat- Full Committee, to hold joint closed hearings with the egy,’’ 2 p.m., 2237 Rayburn. House Permanent Select Committee on Intelligence to ex- Committee on Resources, oversight hearing on the Wash- amine certain events surrounding September 11, 2001, ington Aqueduct and the effects of its discharge on the 2:30 p.m., S–407, Capitol. C&O Canal National Historic Park and the endangered Committee on the Judiciary: Subcommittee on Crime and shortnose sturgeon, 10 a.m., and to hold a continue hear- Drugs, to hold hearings to examine penalties for white ing on H.R. 4840, Sound Science for Endangered Species collar offenses, 10:30 a.m., SD–226. Act Planning Act of 2002, 2 p.m., 1334 Longworth. Committee on Rules, to consider the following: H.R. House 2114, National Monument Fairness Act; and H.R. 4931, Committee on Appropriations,, Subcommittee on Defense, Permanent Retirement Security and Pension Reform Act executive, to mark up appropriations for fiscal year 2003, of 2002, 1:30 p.m., H–313 Capitol. 9:30 a.m., H–140 Capitol. Committee on Small Business, hearing on How Limiting Committee on the Budget, hearing on Social Security: The International Visitor Visas Hurts Small Business Tourism, Long-Term Budget Implications, 10 a.m., 210 Cannon. 10 a.m., 2360 Rayburn. Committee on Energy and Commerce, to mark up the fol- Committee on Transportation and Infrastructure, Sub- lowing: the Medicare Modernization and Prescription committee on Aviation, to mark up H.R. 4635, Arming Drug Act of 2002, and H.R. 4013, Rare Diseases Act of Pilots Against Terrorism Act, 10 a.m., 2167 Rayburn. 2002, 10 a.m., 2123 Rayburn. Committee on Government Reform, to hold a hearing on Joint Meetings ‘‘The Status of Research Into Vaccine Safety and Autism,’’ Joint Meetings: Senate Select Committee on Intelligence, 11 a.m., 2154 Rayburn. to hold joint closed hearings with the House Permanent Committee on International Relations, hearing on Foreign Select Committee on Intelligence to examine certain Government Complicity in Human Trafficking: A Re- events surrounding September 11, 2001, 10 a.m., S–407, view of the State Department’s 2002 Trafficking in Per- Capitol. sons Report, 1 p.m., 2172 Rayburn. Joint Meetings: Senate Select Committee on Intelligence, Subcommittee on East Asia and the Pacific, hearing on to hold joint closed hearings with the House Permanent Recent Developments in Burma, 10 a.m., 2200 Rayburn. Select Committee on Intelligence to examine certain Subcommittee on Europe, hearing on ‘‘NATO and En- events surrounding September 11, 2001, 2:30 p.m., largement: A United States and NATO Perspective,’’ S–407, Capitol. 10:15 a.m., 2172 Rayburn. Commission on Security and Cooperation in Europe: To hold Committee on the Judiciary, to continue markup of H.R. hearings to examine the current human rights atmosphere 4477, Sex Tourism Prohibition Improvement Act of in Kosovo, focusing on the rights of ethnic minorities to 2002; and to mark up the following measures: H.R 1452, return home, human trafficking, and the rising tensions Family Reunification Act of 2001; H.R. 4679, Lifetime between the region’s ethnic minorities, 9:30 a.m., Consequences for Sex Offenders Act of 2002; H.R. 4858, SD–124.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Wednesday, June 19 10 a.m., Wednesday, June 19

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of a motion to morning business (not to extend beyond 11 a.m.), Senate instruct conferees on H.R. 3295, Help America Vote Act; will continue consideration of S. 2514, National Defense Consideration of H.R. 3389, National Sea Grant Col- Authorization Act. lege Program Act Amendments (open rule, one hour of debate); Consideration of H. Res. 449, to establish the Select Committee on Homeland Security; and Possible consider- ation of H.R. 1979, Small Airport Safety Security, and Air Service Improvement Act (open rule, one hour of de- bate).

Extensions of Remarks, as inserted in this issue

HOUSE Hinchey, Maurice D., N.Y., E1085 Morella, Constance A., Md., E1080 Honda, Michael M., Calif., E1088, E1089 Otter, C.L. ‘‘Butch’’, Idaho, E1079 Andrews, Robert E., N.J., E1085 Israel, Steve, N.Y., E1083 Portman, Rob, Ohio, E1082 Barcia, James A., Mich., E1087 Jenkins, William L., Tenn., E1087 Riley, Bob, Ala., E1079 Barrett, Thomas M., Wisc., E1083 Kaptur, Marcy, Ohio, E1088, E1088, E1089 Rogers, Mike, Mich., E1086 Becerra, Xavier, Calif., E1083 Lantos, Tom, Calif., E1079, E1081 Shuster, Bill, Pa., E1083 Bereuter, Doug, Nebr., E1079 Levin, Sander M., Mich., E1087 Tiahrt, Todd, Kans., E1082 Boehner, John A., Ohio, E1087 Lowey, Nita M., N.Y., E1082 Towns, Edolphus, N.Y., E1083 Bonior, David E., Mich., E1084 Luther, Bill, Minn., E1086 Traficant, James A., Jr., Ohio, E1084 Burton, Dan, Ind., E1080 McCollum, Betty, Minn., E1080 Visclosky, Peter J., Ind., E1080 Combest, Larry, Tex., E1086 Meehan, Martin T., Mass., E1086 Weller, Jerry, Ill., E1082 Gilman, Benjamin A., N.Y., E1083 Meek, Carrie P., Fla., E1085

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