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

Vol. 147 WASHINGTON, WEDNESDAY, JULY 25, 2001 No. 105 House of Representatives The House met at 10 a.m. PLEDGE OF ALLEGIANCE Tours in Jackson, Pennsylvania, where The Reverend Thomas A. Cappelloni, The SPEAKER. Will the gentleman he restored the church into a beautiful Holy Name of Jesus Parish, Scranton, from Florida (Mr. PUTNAM) come for- house of worship and served there until Pennsylvania, offered the following ward and lead the House in the Pledge recently when he was transferred to prayer: of Allegiance. Holy Name of Jesus in Scranton. Father, all powerful and everloving Mr. PUTNAM led the Pledge of Alle- Mr. Speaker, it is my privilege to say God, we praise Your oneness and truth. giance as follows: that not only has Father Cappelloni We laud You as the God of creation earned the respect of his parishioners I pledge allegiance to the Flag of the and the father of Jesus our Saviour. He United States of America, and to the Repub- for his altruism and kindness but also enriches us with His witness of justice lic for which it stands, one nation under God, his peers have recognized his intel- and truth. He lived and died that we indivisible, with liberty and justice for all. ligence and wisdom by naming him the might be reborn in the spirit and filled f Dean of Catholic Clergy for all of Sus- with love for all people. quehanna County. Once You chose a people, gave them ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, the good Father is an a destiny, and when You brought them The SPEAKER. The Chair announces accomplished chef, an excellent musi- out of bondage to freedom, they carried that there will be 10 one-minutes on cian, a host without par and a humani- with them the promise that all nations each side. tarian above all. I thank him for being would be blessed and all people could f here today. His presence and blessing be free. What the prophets pledged has on this House means so very much to WELCOMING THE REVEREND come to pass in every generation. Our me and the people I represent. THOMAS A. CAPPELLONI fathers came to this land as of out of f the desert, into a place of promise and (Mr. SHERWOOD asked and was THE CHECK IS IN THE MAIL hope. In our time You still lead us to a given permission to address the House blessed vision of peace. for 1 minute.) (Mr. FOLEY asked and was given per- You guide everything in wisdom and Mr. SHERWOOD. Mr. Speaker, it is mission to address the House for 1 love. Accept the prayer we offer for our my privilege to welcome as our guest minute and to revise and extend his re- Nation. By the wisdom of our rep- chaplain Father Thomas Cappelloni of marks.) resentatives and the integrity of this the Holy Name of Jesus Church in Mr. FOLEY. Mr. Speaker, in the next Congress, may harmony and justice be Scranton, Pennsylvania. I would also couple of weeks, Americans will be re- secured in lasting prosperity and peace. like to take this opportunity to thank ceiving a tax refund of moneys paid to These men and women stretch out him for that wonderful invocation as the Federal Government. The other their hands to share with You the gov- well as to offer the Father my con- side of the aisle claimed America could ernment of Your holy people. Protect gratulations. This year marked 25 not afford it, we should not do it, it is them by Your grace. Look upon this years since Father Cappelloni was or- not right. assembly of our national leaders and dained as a priest and gave his life to Ladies and gentlemen, when that give them Your spirit of wisdom. May God and the community. check arrives in the mail of those mil- they always act in accordance with Father was born in Scranton, Penn- lions of Americans, I think they will Your will and let their decisions be for sylvania, where he attended high thank the House of Representatives for the peace and the well-being of all. school and continued his education at their efforts in restoring faith in gov- We ask this through the holy name of the University of Scranton. Then he ernment. We are returning surplus to our Lord. Amen. continued his studies and his desire to them and making certain our economy become a priest led him to Mount St. can be reinvigorated by that $55 billion f Mary’s College and Seminary where he of revenue we are sending home to earned a master’s in systematic the- them. Not our money, not our money THE JOURNAL ology and in theology in counseling. here in Washington, but the money of The SPEAKER. The Chair has exam- When Father Cappelloni returned to the hardworking taxpayer. ined the Journal of the last day’s pro- northeastern Pennsylvania, he spent The minority leader recently said if ceedings and announces to the House time on the faculties of several schools he had a chance to do it again, he his approval thereof. and took the time to guide and counsel would raise your taxes. Ladies and gen- Pursuant to clause 1, rule I, the Jour- young students. He received his first tlemen, that is the difference of the po- nal stands approved. pastoral assignment to St. Martin of litical parties in power. Republicans

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 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.000 pfrm01 PsN: H25PT1 H4546 CONGRESSIONAL RECORD — HOUSE July 25, 2001 would like to give you your money The Lidskys fight valiantly each and counts help people get the care they back. Others on the other side would every day by broadening their network, need from a doctor they know. You like to take more and waste more of working closely with scientists and or- choose your doctor. You choose your your hard-earned cash. The economy is ganizing events to help raise research hospital. struggling. Unemployment, layoffs are funds. On Sunday, September 9, to- Increase the number of insured occurring throughout America. Let us gether with the Foundation Fighting Americans. Support medical savings signal to our constituents whose side Blindness, the Lidskys will host the accounts and the Fletcher bill. we are on. Generations Luncheon and Bazaar. The f Ladies and gentlemen, we are on Foundation Fighting Blindness is rated your side, hardworking Americans, giv- by the National Health Council as the PATIENTS’ BILL OF RIGHTS— ing you faith in government, restoring leading charity for the percentage of DIRECT ACCESS TO OB–GYN CARE freedom, and making certain your program dollars spent on research. (Mrs. DAVIS of California asked and hard-earned dollars are not wasted in At present, 80 million Americans are was given permission to address the the Capitol. If we keep it here, you can at risk for developing diseases that can House for 1 minute and to revise and be assured it will be wasted. If we send potentially lead to blindness. But for- extend her remarks.) it home, you will buy clothes for your tunately through the efforts of the Mrs. DAVIS of California. Mr. Speak- kids, take your summer vacation, put Foundation and of families like the er, I rise today to talk about a key dif- your money in your savings account, Lidskys, the pace of research has accel- ference between the Ganske-Dingell bi- but, after all, God bless you, it is your erated. As a result, the once distant partisan patients’ bill of rights and the money. goal, a cure for blindness, is now with- Fletcher alternative: direct access to f in sight. OB–GYN care. RECOGNIZING 150TH ANNIVERSARY I ask that my colleagues help me in During my tenure in the State as- OF THOMASVILLE, NORTH CARO- congratulating the Lidskys and the sembly, I wrote California’s law that LINA Foundation for their dedication in gives women direct access to their OB– fighting eye degenerative diseases. (Mr. WATT of North Carolina asked GYN. This is a simple issue. A woman and was given permission to address f should not need a permission slip to see the House for 1 minute and to revise JUDGE RULES BONUSES IN ORDER her doctor. and extend his remarks.) IN WAKE OF CALIFORNIA POWER Women have different medical needs Mr. WATT of North Carolina. Mr. SHORTAGE than men. OB–GYNs often have the Speaker, I rise today to pay tribute to most appropriate medical education (Mr. TRAFICANT asked and was the city of Thomasville, North Caro- and experience to address a woman’s given permission to address the House lina, part of which is located in my health care needs. Statistics in fact for 1 minute and to revise and extend congressional district, as residents show that if there are too many bar- his remarks.) begin to celebrate the 150th anniver- riers between a woman and her doctor, Mr. TRAFICANT. Even though Cali- sary of the founding of their city. The she is less likely to get the medical fornia consumers are suffering the name Thomasville might sound famil- care that she needs. worst power shortage in history and iar to my colleagues, because the The Ganske-Dingell bipartisan pa- outrageous costs, a Federal judge has Thomasville Furniture Company was tients’ bill of rights will require all ruled that the Pacific Gas and Electric established there and still has its head- health plans to give women direct ac- Company can pay their top managers quarters in the Chair City. This fine cess to their OB–GYN. The Fletcher al- $17.5 million in bonuses. Now, if that is company has made the city’s name fa- ternative on the other hand includes mous around the world. The 18-foot- not enough to shock your crock pot, conditions that could increase the high chair downtown serves as a sym- the company said, and I quote, ‘‘If we time, the expense, and the inconven- bol of the industry’s importance to the don’t pay this $17.5 million, they’re ience of a necessary doctor’s appoint- city. going to leave us.’’ ment. While Thomasville is synonymous Unbelievable. These fat cats should I urge my colleagues to vote for the with furniture, it is a city of around not be rewarded, they should be fired. real patients’ bill of rights, the 20,000 people and a thriving community Throw these bums out. Beam me up. Ganske-Dingell bill, and give their fe- in North Carolina’s Piedmont Triad re- I yield back the fact that they should male constituents access to the health gion. hire a proctologist to perform a brain care they deserve. scan on that Federal judge who is Thomasville is named for State Sen- f ator John W. Thomas who helped pio- somewhere in Disney World. neer the construction of the first rail- f b 1015 road across North Carolina. He founded ARCHER MEDICAL SAVINGS WHY UNLIMITED LAWSUITS WILL the town of Thomasville next to the ACCOUNTS NOT IMPROVE HEALTH CARE railroad in 1852. I salute my good friend Mayor Hu- (Mr. SAM JOHNSON of Texas asked (Mr. TIBERI asked and was given bert Leonard and wish all the best to and was given permission to address permission to address the House for 1 the residents of Thomasville as they the House for 1 minute and to revise minute and to revise and extend his re- celebrate the city’s 150th anniversary. and extend his remarks.) marks.) Mr. SAM JOHNSON of Texas. Mr. Mr. TIBERI. Mr. Speaker, President f Speaker, when President Clinton took Bush has pledged to sign into law the CONGRATULATING THE LIDSKY office, there were 38 million people un- Patients’ Bill of Rights that provides a FAMILY AND THE FOUNDATION insured. After 8 years, there are now full range of patient protections, in- FIGHTING BLINDNESS roughly 43 million Americans who have cluding direct access to OB-GYNS, phy- (Ms. ROS-LEHTINEN asked and was no health insurance. Of those people, sician choice, emergency room cov- given permission to address the House more than half of them are small busi- erage, pediatric care, and a ban on for 1 minute and to revise and extend ness owners, their families, their em- ‘‘gag’’ rules. What President Bush will her remarks.) ployees, their loved ones. not support is unlimited lawsuits. Ms. ROS-LEHTINEN. Mr. Speaker, The goal of a patients’ bill of rights A Washington poll released in early the Lidsky family from my congres- should be to help these people get good June showed a majority of Americans, sional district has inspired me to work health insurance and truly reduce the 49 percent to 40 percent, prefer a dif- toward a cure for eye degenerative dis- number of uninsured. One excellent ferent approach than one of unlimited eases. Three out of the four of the way to do that is to expand Archer lawsuits, believing that more litigation Lidsky children—Ilana, Isaac and medical savings accounts. Increasing will drive up costs of medical care in Daria—suffer from retinitis access to medical savings accounts America. pigmentosa, a disease which in time would help those people struggling to It must be clear that HMOs are not will lead to blindness. make ends meet. Medical savings ac- exempt from lawsuits. Federal courts

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.002 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4547 have ruled 15 times since 1995 that President Bush brought implementa- inspiration to others, like a lighthouse HMOs can be held liable. ERISA does tion of a national missile defense sys- on a dark and storm-tossed sea.’’ The not shield HMOs from medical mal- tem one giant step closer this week. He Cincinnati Post accurately stated that practice liability; it only preempts met with Russian President Putin to ‘‘few touched as many lives as Father State laws on coverage of administra- talk about it. President Putin is now Jim Willig.’’ tion of benefits decisions. more open-minded about that issue, Father Willig will be sorely missed in Unlimited lawsuits will not improve and both leaders will be working hard the Cincinnati community, not only by patient care in America. A recent Har- to reduce the number of nuclear mis- his parents and 10 brothers and sisters vard University study found that ‘‘al- siles in our national arsenals. and nieces and nephews, but by the most 60 percent of costs to the mal- Mr. Speaker, this is a major step for- countless people he has touched in his practice system would wind up in bank ward for our national security. Amer- ministry. accounts of lawyers, court administra- ica and the world are a little safer Father Jim, your flock deeply misses tors and insurance systems.’’ today than we were yesterday. And you, but we know you are with our The goal of patients’ rights legisla- when Bush and Putin have come to a Lord. tion should be about reducing the final agreement on missile arsenals f ranks of the uninsured and increasing and when we finally have a national GANSKE-DINGELL-NORWOOD BEST access to health care coverage. missile defense system, every Amer- CHOICE FOR AMERICA Mr. Speaker, I urge support of the ican will sleep more soundly each night Fletcher bill. with the knowledge that their Presi- (Ms. SOLIS asked and was given per- f dent is doing everything possible to mission to address the House for 1 VOTE FOR THE REAL PATIENTS’ keep them safe. minute.) BILL OF RIGHTS f Ms. SOLIS. Mr. Speaker, my con- stituents want a strong and enforce- (Mr. SCHIFF asked and was given SUPPORT GANSKE-DINGELL able Patients’ Bill of Rights. They are permission to address the House for 1 PATIENTS’ PROTECTION ACT tired of HMOs who deny them the minute.) health care that they need. They are Mr. SCHIFF. Mr. Speaker, I rise in (Ms. WOOLSEY asked and was given support of the Norwood-Dingell-Ganske permission to address the House for 1 tired of insurance company bureau- Patients’ Bill of Rights. minute and to revise and extend her re- crats who overrule doctors’ decisions. For 5 years now, advocates of better marks.) They want a bill like Ganske-Dingell- health care have advocated for the real Ms. WOOLSEY. Mr. Speaker, after Norwood and others to protect the pa- Patients’ Bill of Rights, only to see fighting for 5 years, we finally have an tients that they are supposedly re- that legislation shot down in this opportunity to pass real managed care quired to protect because only this bill House. This year, the fight goes on, and reform in the House of Representa- gives every American the right to this year, as in the fight with cam- tives. The American people are de- choose their own doctor, the right to paign finance reform, opponents of a manding health care, and it is time for see health care specialists, the right to real Patients’ Bill of Rights have of- us to stand up and deliver. have direct access to an OB-GYN or a fered a phoney. They cannot defeat it By passing the Ganske-Dingell Pa- pediatrician, and the right to get pre- directly, so they try to defeat it indi- tients’ Protection Act, patients will scription drugs that their physicians rectly with a watered-down, industry- have access to emergency care, women prescribe. supported version. will be able to see their OB-GYN with- Only this bill holds health care plans Mr. Speaker, we must reject this. To out health plan interference, and chil- accountable when they make a decision use the parlance of the industry itself, dren will have timely access to pedi- that harms or kills someone. Only this we ought to tell the industry, we need atric specialists. bill ensures that external reviews of strong medicine to restore the rela- Mr. Speaker, make no mistake: the medical decisions are conducted by tionship between patients and their Ganske bill is comprehensive, quality independent and qualified experts. physicians, and that bill, that alter- health care; a positive step toward im- We should take a chapter out of what native, is simply not on the formulary. proving Americans’ health care, put- happened in California. Our Governor That bill exceeds the scope of coverage. ting health care ahead of profits. there passed major reforms in HMOs, That bill simply cannot get in the door When it is time to vote for managed and I think that this House should take without referrals to specialists. care, I urge my colleagues to vote for a look at what has happened there. We need a real Patients’ Bill of the reform that has an option that puts They have done a fantastic job in actu- Rights. I worked on a real Patients’ patients and doctors back in charge of ally being able to negotiate before they Bill of Rights in California and, like their health care. actually have to go to the court house. my colleague, we passed that bill, as in f Mr. Speaker, I ask for the support of my colleagues on this legislation. 30 other States, and now the alter- A TRIBUTE TO FATHER JIM native here, the Fletcher bill, would WILLIG f undermine the work of so many States (Mr. CHABOT asked and was given V–CHIP TECHNOLOGY around the country that have worked UNDERUTILIZED BY AMERICANS to foster the relationship between pa- permission to address the House for 1 tient and physician. This cannot be al- minute and to revise and extend his re- (Mr. STEARNS asked and was given lowed to happen. marks.) permission to address the House for 1 Mr. CHABOT. Mr. Speaker, this minute and to revise and extend his re- f morning I would like to pay a special marks.) NATIONAL MISSILE DEFENSE tribute to a recently departed friend, Mr. STEARNS. Mr. Speaker, I rise to (Mr. PITTS asked and was given per- Father Jim Willig, a dedicated and dy- highlight a study released yesterday by mission to address the House for 1 namic Catholic priest who was called the Kaiser Family Foundation indi- minute and to revise and extend his re- by our Lord last month after a 2-year cating that few parents use the V-chip marks.) battle with cancer. to block their children from viewing Mr. PITTS. Mr. Speaker, one of the Even while suffering from a debili- sex and violence on television. marks of a good leader is the ability to tating illness, Father Willig continued Mr. Speaker, Congress included a make those he leads feel secure from to give to our community, sharing his provision in the Telecom Act of 1996 harm. memories and his message and inspira- that television sets 13 inches or larger It has now been 2 decades since Presi- tional book: Lessons From the School sold after January 1, 2000, must be dent Reagan pointed out that we have of Suffering: A Young Priest With Can- equipped with a V-chip to screen out no defense from a missile attack. The cer Teaches Us How to Live. objectionable programming. American people want to be safe from The Cincinnati Enquirer noted that Well, yesterday’s study finds that 40 any missile attack, but we still have even while he faced impending death, percent of American parents now own a not deployed a defense system. ‘‘his faith remained strong and was an TV equipped with a V-chip. However,

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.004 pfrm01 PsN: H25PT1 H4548 CONGRESSIONAL RECORD — HOUSE July 25, 2001 despite high levels of concern about Mr. Speaker, it is clear that nuclear tion of one of those plants, using clean- children’s exposure to TV sex and vio- power is the answer to at least alle- coal technology called coal gasifi- lence, just 17 percent of these parents viating the current energy crisis. Nu- cation. who own a V-chip, or 7 percent of all clear power is shown to be a reliable Building more coal gasification parents, are using it to block programs source, which is why the Congress must plants makes sense for a number of with sexual or violent content. take the necessary steps to use nuclear reasons. Number one, the process re- Some of my colleagues are quick to power to address the energy shortages, moves virtually all the sulfur, nitro- rely on government as a panacea for all not just in California, but, of course, gen, and other pollutants, leaving of our problems. Yesterday’s report re- the rising energy prices across the cleaner air and water for future genera- veals that the long arm of government country. tions. Two, it uses an abundant re- regulation is no substitute for good f source, coal, which is the dominant parenting. source of power in our country; and SUPPORT THE PATIENTS’ BILL OF f three, it means jobs. Building new RIGHTS BIPARTISAN PATIENTS’ power plants, coal-based or not, creates (Mr. RODRIGUEZ asked and was PROTECTION ACT lots of new jobs, creates rail operators, given permission to address the House barge captains, truckers, construction (Ms. WATSON of California asked for 1 minute and to revise and extend workers, and also those that will be and was given permission to address his remarks.) running the day-to-day operations in the House for 1 minute and to revise Mr. RODRIGUEZ. Mr. Speaker, too the plant. and extend.) many times when Americans get sick, Today, more than ever, the U.S. Ms. WATSON of California. Mr. not only do they have to fight their ill- needs to adopt a policy making ad- Speaker, I rise today to voice my ness, but they also have to fight their vanced clean coal technology easier strong support for the bipartisan Pa- managed care company. That is not and more productive. I look forward to tient Protection Act, H.R. 2563, that right. It is up to the Congress now to working with this Congress to advance will come before the House later this make things happen. this technology. week. For the last 2 years, we passed a bill The Ganske-Dingell bill is a step in f and the Republicans have killed it in the right direction for American health PASS MEANINGFUL PATIENTS’ conference committee. It is time to care. Doctors and patients must live BILL OF RIGHTS pass the bill. If my colleagues agree with the outcome of their decisions. with me that one should see the doctor (Mr. ROSS asked and was given per- Now it is time for the health mainte- of one’s choice, then they should vote mission to address the House for 1 nance organizations to do the same. minute.) Mr. Speaker, in many instances, for this. If they agree that that doctor should have the decision to decide if Mr. ROSS. Mr. Speaker, I am proud HMOs have streamlined services and to be a cosponsor of the Ganske-Din- cut the cost of health administration. one should see a specialist or not, then they should be in favor of this. If they gell-Norwood-Berry managed care re- Spiraling costs seem to be contained, form legislation, H.R. 2563. and medical options seem to be plenti- agree that we should not have a gag order, that doctors should be able to I would like to take a moment to ful. However, containment of costs talk about one of my constituents in have also adversely affected the qual- provide the options that one should have, then my colleagues should vote south Arkansas. Her name is Wendelyn ity of patient care. Osborne, who provides a real life exam- We now know that reform must hap- for the Patients’ Bill of Rights. Mr. Speaker, it is up to us now. It al- ple of the need for a meaningful Pa- pen. We now know that the middleman tients’ Bill of Rights. must be held accountable and liable for lows a review. We did it in Texas. The medical decisions. We now know that then Governor, now President Bush, b 1030 the basic American principles and val- decided then to allow it to go through. Mrs. Osborne has a congenital and ues must be inherent in medical public Now he has a problem with it. We are rare bone disease that involves contin- policy. only asking that we do the same thing uous growth of her jawbone. She was The bipartisan Patient Protection that we have allowed in Texas and that not expected to live past the age of 14. Act gives all Americans the right to is to allow an opportunity for people to She is now 35. choose their own doctors, to hold a see a doctor of their choice, to allow an Wendelyn’s disease requires frequent plan accountable when the plan makes opportunity for the physicians to de- trips to her specialist and surgeries. a decision that could kill. cide on the specialists, to allow them Unfortunately, each time she has to an opportunity to have an external re- f have an appointment, she must go view. through her primary care physician. ENERGY POLICY Mr. Speaker, I ask that my col- Additionally, her surgeries to correct (Mr. KNOLLENBERG asked and was leagues support the Patients’ Bill of the continued growth of her jawbone, given permission to address the House Rights. which are life-threatening, are consid- for 1 minute and to revise and extend f ered cosmetic, but they are not. his remarks.) TIME TO IMPLEMENT COM- The Ganske-Dingell-Norwood-Berry Mr. KNOLLENBERG. Mr. Speaker, bill will help Wendelyn in the following Americans are looking for quick an- PREHENSIVE AND BALANCED ENERGY POLICY ways. It will remove the gatekeeper to swers on the present energy prices and her medical care and allow her care to burden that is put on families and (Mrs. CAPITO asked and was given be coordinated by her specialist, and it farmers. Nuclear power can help lead permission to address the House for 1 will give her a fair and timely external us in the right direction to address this minute.) appeals process that will allow her to problem. Mrs. CAPITO. Mr. Speaker, I come to appeal her case to independent medical Nuclear power plants provide about the floor today to urge this Congress to experts. one-fifth of America’s electricity, and act immediately and implement a com- Let us pass this bill. Let us pass it about 30 percent of California’s elec- prehensive and balanced energy policy. for Wendelyn Osborne. tricity. They also run 24 hours a day, 7 The Bush administration has pro- f days a week, and are not affected by in- vided much-needed leadership on this clement weather, such as solar and issue, stepping up to the plate and ar- INTRODUCING CHILDREN’S AIR wind. ticulating a clear plan to address our TRAVEL PROTECTION ACT AND Besides being able to run efficiently, energy needs. PARENTAL RIGHTS PROTECTION nuclear power has a strong environ- One part of the President’s plan calls ACT mental record. For example, nuclear for the construction of 1900 new power (Mr. PUTNAM asked and was given plants are free of numerous gases such plants to catch up with the current de- permission to address the House for 1 as sulfur dioxide, mercury, carbon mand for electricity. Yesterday, I in- minute and to revise and extend his re- emissions, and nitrogen oxide. troduced a bill that calls for construc- marks.)

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.039 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4549 Mr. PUTNAM. Mr. Speaker, last ployers who do not directly participate which I yield myself such time as I year, as thousands of children do every in making medical decisions are pro- may consume. During consideration of day, a 15-year-old girl from my district tected from liability. Employers are this resolution, all time yielded is for logged onto her computer and struck also protected by language in the bill purposes of debate only. up an online acquaintance. Little did which allows them to name a des- Mr. Speaker, House Resolution 206 is she or her family realize that this was ignated decisionmaker to make deci- an open rule providing for the consider- the beginning of a nightmare that con- sions on their behalf. ation of H.R. 2590, the fiscal year 2002 tinues to this day. I urge my colleagues to vote for H.R. Treasury-Postal Service appropriations Lindsay’s new online friend turned 2563, the Ganske-Dingell-Norwood- bill. It provides for 1 hour of general out to be a sexual predator who eventu- Berry bill. debate, equally divided and controlled ally convinced her to run away from f by the chairman and ranking minority her home in Florida, eventually to member of the Committee on Appro- PROVIDING FOR CONSIDERATION Greece. One of the most troubling as- priations, and it waives all points of OF H.R. 2590, TREASURY AND pects of this case was the lack of sup- order against consideration of the bill. GENERAL GOVERNMENT APPRO- port and the disinterest from Federal House Resolution 206 also provides PRIATIONS ACT, 2002 authorities. Not only was the FBI re- that the two amendments printed in luctant to become involved, but the Mr. LINDER. Mr. Speaker, by direc- the report of the Committee on Rules U.S. Attorney’s Office has declined to tion of the Committee on Rules, I call accompanying the rule shall be consid- enforce existing laws, claiming that up House Resolution 206 and ask for its ered as adopted. This rule waives all this series of crimes involving inter- immediate consideration. points of order against provisions in state and international air transport The Clerk read the resolution, as fol- the bill, as amended, for failure to and the use of the Internet to lure a lows: comply with clause 2 of rule XXI, child away from home into inter- H. RES. 206 which prohibits unauthorized or legis- national sexual servitude is not a mat- Resolved, That at any time after the adop- lative provisions in an appropriations ter of Federal jurisdiction. tion of this resolution the Speaker may, pur- bill. In response to this failure and the suant to clause 2(b) of rule XVIII, declare the House Resolution 206 provides that failure of the FAA and the Department House resolved into the Committee of the the bill shall be considered for amend- of Transportation to use their rule- Whole House on the state of the Union for ment by paragraph. The rule also making authority to address any of consideration of the bill (H.R. 2590) making waives all points of order against the appropriations for the Treasury Department, these issues, I have filed legislation the United States Postal Service, the Execu- amendment printed in the CONGRES- that would clarify the power of the tive Office of the President, and certain SIONAL RECORD and numbered 5, which Federal Government to bring such Independent Agencies, for the fiscal year may be offered only by the gentleman predators to justice. ending September 30, 2002, and for other pur- from New Jersey (Mr. SMITH) or his The Children’s Air Travel Protection poses. The first reading of the bill shall be designee, and only at the appropriate Act and the Parental Rights Protec- dispensed with. All points of order against point in the reading of the bill, and tion Act would require that airlines get consideration of the bill are waived. General shall be considered as read. a written certification that a minor debate shall be confined to the bill and shall The rule allows the Chairman of the not exceed one hour equally divided and con- Committee of the Whole to accord pri- has parental or guardian’s permission trolled by the chairman and ranking minor- and would forbid the use of the Inter- ity member of the Committee on Appropria- ority in recognition to Members who net to interfere with a parent’s author- tions. After general debate the bill shall be have preprinted their amendments in ity or induce a minor to run away from considered for amendment under the five- the CONGRESSIONAL RECORD. home. minute rule. The amendments printed in the Finally, the rule provides for one mo- I would encourage my colleagues to report of the Committee on Rules accom- tion to recommit, with or without in- join me in cosponsoring H.R. 2600 and panying this resolution shall be considered structions, as is the right of the minor- 2601. as adopted in the House and in the Com- ity. The underlying bill, H.R. 2590, pro- mittee of the Whole. Points of order against vides a total of roughly $17 billion in f provisions in the bill, as amended, for failure funding for a variety of Federal agen- PATIENTS’ BILL OF RIGHTS to comply with clause 2 of rule XXI are waived. The amendment printed in the Con- cies and departments, about $1.1 billion (Ms. SANCHEZ asked and was given gressional Record and numbered 5 pursuant more than the current fiscal year, and permission to address the House for 1 to clause 8 of rule XVIII may be offered only $400 million more than President minute and to revise and extend her re- by Representative Smith of New Jersey or Bush’s budget request. marks.) his designee and only at the appropriate The Committee on Rules approved Ms. SANCHEZ. Mr. Speaker, today I point in the reading of the bill. All points of this rule by voice vote last night, and rise to voice my strong support for a order against that amendment are waived. I urge my colleagues to support it so real Patients’ Bill of Rights, H.R. 2563, During consideration of the bill for further amendment, the Chairman of the Committee that we may proceed with general de- which is sponsored by the gentleman of the Whole may accord priority in recogni- bate and consideration of this bipar- from Iowa (Mr. GANSKE), the gen- tion on the basis of whether the Member of- tisan bill. tleman from Michigan (Mr. DINGELL), fering an amendment has caused it to be Mr. Speaker, I reserve the balance of the gentleman from Georgia (Mr. NOR- printed in the portion of the Congressional my time. WOOD), and the gentleman from Arkan- Record designated for that purpose in clause Mr. HASTINGS of Florida. Mr. sas (Mr. BERRY). 8 of rule XVIII. Amendments so printed shall Speaker, I yield myself such time as I In working to craft patient protec- be considered as read. At the conclusion of may consume. tion, we must ask ourselves, are we consideration of the bill for amendment the Mr. Speaker, I rise in support of the really helping the patient? One of the Committee shall rise and report the bill, as amended, to the House with such further Treasury-Postal Operations appropria- biggest concerns raised by the pro- amendments as may have been adopted. The tions bill for fiscal year 2002 and in sup- ponents of the competing bill is that previous question shall be considered as or- port of the rule. the liability limit on punitive damages dered on the bill and amendments thereto to I want to congratulate the gentleman is too high in the Ganske-Dingell-Nor- final passage without intervening motion ex- from Oklahoma (Chairman ISTOOK) and wood-Berry bill. cept one motion to recommit with or with- the ranking member, the gentleman But I ask the Members, can anyone out instructions. from Maryland (Mr. HOYER), for their put a price tag on someone’s life? If an The SPEAKER pro tempore (Mr. work on this bill and for their recogni- HMO is found guilty of negligence, FOSSELLA). The gentleman from Geor- tion of the importance to the entire they should be held accountable for gia (Mr. LINDER) is recognized for 1 country of the necessary departments their actions; and HMOs exist to help hour. and agencies it funds. patients, not to harm them. Opponents Mr. LINDER. Mr. Speaker, for pur- For a moment, let me just say how of the legislation argue that employers poses of debate only, I yield the cus- important this bill is to the American will be hurt by the liability provisions tomary 30 minutes to the gentleman people. It funds such diverse agencies in this bill. This is misleading. Em- from Florida (Mr. HASTINGS), pending as Customs and the Postal Service. It

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.008 pfrm01 PsN: H25PT1 H4550 CONGRESSIONAL RECORD — HOUSE July 25, 2001 increases funding for the Office of Na- the last election, Congress has done derstand it, to the FEC, for the pur- tional Drug Control Policy and the Na- nothing, nothing in the area of appro- poses of effecting reforms in our elec- tional Archives. priations. While we are spending mil- tion process throughout the United Mr. Speaker, in addition to the pro- lions of dollars on the Salt Lake Olym- States. grams and agencies of national interest pics and billions on a tax cut for the It is clear that we need to invest in that I just alluded to, this bill contains wealthy, we have not spent one penny democracy. We invest a lot of dollars in a number of significant projects impor- to fix the problems that plague the last national defense. We invest a lot of dol- tant to my home State of Florida that election, not one cent. lars in health care, education, and do- I would like to highlight briefly. Columnist E.J. Dionne said yester- mestic spending. We invest a lot of dol- I am pleased that this bill contains day, ‘‘Some problems are genuinely dif- lars in entitlement programs. All of $15 million for the completion of the ficult to solve. Some problems are those dollars, in my opinion, are well new Federal courthouse in Miami. I easy. When the solutions are clear, a invested, for the most part. But the cannot overemphasize the importance failure to act is irresponsible, the re- Federal Government, Mr. Speaker, has to our region that this facility will sult of a lack of will.’’ never invested dollars in Federal elec- have. I know full well the burdens that I submit to my colleagues and to the tions. Never. our courts and judges face today. They American people that the solutions to We have always allowed that to be a burden that we place on the States and have a difficult job in ideal cir- our disgraceful election systems are local subdivisions. We assumed, cor- cumstances. However, when these ju- abundantly clear. Congress’ failure to rectly in most instances, incorrectly in rists are not given adequate facilities act is worse than irresponsible, it is some, that those elections would be and resources, their job is made that shameful. The amendment I will offer held in a manner that would serve our much more difficult. later today is the first step toward fix- democracy well. But, Mr. Speaker, our For the very same reasons, it is ing the problems that our States face democracy is not served well when worth noting that this bill continues in updating and modernizing their elec- some Americans go to the polls, having significant funding for the proposed tion equipment. registered to vote, and show up at the new United States Courthouse in Or- In fact, to my knowledge, Mr. Speak- polls and, in the first instance, may lando. I am especially pleased to see er, this will be the first time that Con- find that their name is not on the list that the Committee on Appropriations gress discusses this issue in the context and, therefore, they are not allowed to has directed that the courthouse must of floor consideration of a relevant ap- vote, but are told that someone will complement the historic community propriations measure. Sure, Members try to get on the telephone and see if it and the future Florida A&M college of have spoken in special orders, in travel can be straightened out, but find that law. around the country, or in hearings. in this high-tech age in which we find As an alumnus of the law school, I They have had 1-minutes here on the ourselves happily that lo and behold am certain that the new facility in Or- floor. But, until today, we have been they cannot get through to the central lando will continue the proud tradition unable to discuss dollars and cents. I office and cannot find out whether that of FAMU. look forward to the candid debate that individual is able to vote. Additionally, this bill contains fund- I am certain the amendment will gen- Too many jurisdictions do not have ing for improvements to the Federal erate. the ability to provide a provisional bal- building in Jacksonville and to the With that aside, Mr. Speaker, let me lot to say, here, go ahead and vote, and Federal Courthouse in Tallahassee. Let again say that this is a reasonably then when tomorrow comes we will me be perfectly clear, these are nec- good bill, and the rule is fine as far as have some time and we will check to essary funds; and, frankly, they are it goes. I thank the gentleman from see whether or not this individual is a needed throughout the country. Oklahoma (Chairman ISTOOK) and the valid voter; and if they are, because As the ranking member, the gen- ranking member, the gentleman from they are entitled to vote, they will also tleman from Maryland (Mr. HOYER) and Maryland (Mr. HOYER), for bringing ensure that that person’s vote is count- the others note in the report that ac- this bill to the House. ed. Every American that goes to the companies this bill, this is not an issue This is a mostly bipartisan bill that poll assumes that they go to the poll of luxury for the judiciary. The court- helps millions of Americans from coast for the purposes of expressing their house requests represent an effort to to coast, and I urge passage of the bill opinion in this, the greatest democracy keep up with the skyrocketing judicial and adoption of the rule. on the face of the earth. They expect to workload while ensuring a safe envi- b 1045 play a role in the decision-making ronment for employees, detainees, and process of their country. And if their the public. I could not agree more. Mr. LINDER. Mr. Speaker, I reserve vote is not counted, they are discrimi- Mr. Speaker, very soon in this debate the balance of my time. nated against, they are precluded from my colleague and neighbor, the gentle- Mr. HASTINGS of Florida. Mr. participating fully in our democracy. woman from Florida (Mrs. MEEK), will Speaker, I yield 41⁄2 minutes to my Happily, the gentleman from Ohio seek time to explain a very worthy pro- friend, the distinguished gentleman (Mr. NEY), the chairman of the Com- gram that she has fought tirelessly for. from Maryland (Mr. HOYER). mittee on House Administration, and Let me briefly extend my support to Mr. HOYER. I thank the gentleman myself and many others, including the the First Accounts program. While the for yielding me this time, Mr. Speaker, ranking member of the Committee on gentlewoman from Florida (Mrs. MEEK) and I rise in support of the rule. I think the Judiciary, the gentleman from will go into more detail, suffice it to the rule is a fair rule that gives oppor- Michigan (Mr. CONYERS), have spon- say that this is one of the few pro- tunity to debate this bill and protects sored legislation which will do what grams in this bill which specifically some of the more controversial items the gentleman from Florida seeks to targets low-income Americans. I that are within the bill for full debate. do, and that is, A, provide resources; wholeheartedly support the program I also want to say that I agree with provide resources for technology that and urge its full funding and authoriza- the member of the Committee on will ensure at least that technology tion. Rules, the gentleman from Florida (Mr. does not undermine the voter’s intent Finally, Mr. Speaker, I would like to HASTINGS), who has observed that this and constitutional right. In addition, it discuss what I perceive to be one major is a good bill and deserves passage. He will say to States who take any Fed- omission of this otherwise good bill. is correct on that. I will be speaking eral dollars that they need to comply This bill funds the Federal Election more to that in the course of general with certain requirements; that they Commission. It has now been 240 days debate. need to have a registration system that since our last Federal election, 240 days Mr. Speaker, I wanted to rise to com- works; that they need not disqualify, since we discovered what problems ment on the amendment that the gen- they must not disqualify otherwise to- exist in this country when it comes to tleman from Florida (Mr. HASTINGS) tally qualified Americans from voting elections. will offer at the time of the bill’s con- by some inadvertent or mistaken or Mr. Speaker, I am embarrassed to re- sideration. He will offer an amendment perhaps conscious effort to undermine port to the American people that, since that will provide $600 million, as I un- the ability to vote of some Americans.

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.010 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4551 In addition, we are going to provide I just do not think that fits with the previous question, and I urge the Mem- for provisional ballots, good registra- times. And I think it is up to the Mem- bers to vote for the previous question. tion, purging that is not unfair, and a bers of Congress to stand up and say we Mr. LINDER. I thank the gentleman. system that has technology that works really do believe in fiscal responsi- Mr. HASTINGS of Florida. Mr. for every American. That is the mini- bility. It is important we make a state- Speaker, I yield 41⁄2 minutes to my mal that we ought to do as a Nation. ment to the American people about our good friend and colleague, the distin- We are proposing the investment this concerns about being responsible with guished gentlewoman from Florida year, for which we are budgeting fiscal their tax dollars. (Mrs. MEEK). year 2002, of $550,000 million. That This is an interesting procedural Mrs. MEEK of Florida. Mr. Speaker, sounds like a lot of money. It is a lot issue. We do not get to specifically first of all, I am humbled and privi- of money. But spread across the 50 have a straight up-or-down vote on a leged this morning to have been given States, it is not. And I would hope that pay raise. I think we should. I think time by a young man for whom I have we will have full debate on the gentle- people deserve that. I think Congress- great admiration and praise, the gen- man’s amendment. men ought to stand up and say whether tleman from Florida (Mr. HASTINGS), I am not sure what the disposition or not they are for that. So for that who is now a member of the Committee will be today, but in the final analysis reason I make these comments in oppo- on Rules. God has wrought that I we ought to adopt the gentleman’s pro- sition to the previous question and should stand here and be able to speak posal. It is a proposal for democracy urge my fellow Members to vote ‘‘no’’ after he gives me the opportunity. I for our Nation’s ideals and for our ob- as well. thank him so much. jectives. Mr. LINDER. Mr. Speaker, I yield I am pleased to be a member of the Mr. LINDER. Mr. Speaker, I continue myself 30 seconds to point out that Subcommittee on Treasury, Postal to reserve the balance of my time. nothing in this bill whatsoever deals Service, and General Government of Mr. HASTINGS of Florida. Mr. with a Member of Congress’ pay. No the Committee on Appropriations, Speaker, I yield myself such time as I word whatsoever in this bill deals with serving with the gentleman from Okla- may consume merely to respond to the congressional pay. homa (Mr. ISTOOK) and my good friend, distinguished gentleman from Mary- Mr. Speaker, I reserve the balance of the gentleman from Maryland (Mr. land, the ranking member of the com- my time. HOYER); and I rise in support of the mittee, that the jurisdiction allows for Mr. HASTINGS of Florida. Mr. rule for this bill. It is an open rule. The what is being contemplated today. I Speaker, I yield myself such time as I rule provides a self-executing amend- want to thank the gentleman from may consume. ment that I offered that will make the Maryland (Mr. HOYER) because I know I would say to the gentleman from $10 million in fiscal year 2002 funding of his sincerity in proposing measures Georgia (Mr. LINDER) that it is regret- that the bill provides for the First Ac- that will assist in remedying the many table that it does not, because I for one counts program contingent upon the problems in this country with ref- believe that we are deserving of a cost authorization of the program. erence to our election system. The gentleman from Ohio (Mr. I have been asked often, as I travel of living adjustment, just so I go on OXLEY), of the Committee on Financial about the country, how much is it record. Services, had asked the Committee on going to cost? And my reply has been Mr. Speaker, I yield 1 minute to the Rules not to protect the First Accounts and will continue to be that democracy gentleman from Maryland (Mr. HOYER). program from a point of order. The does not have a price. We spend money Mr. HOYER. Mr. Speaker, I want to self-executing amendment is a means around here on fleas knees studies. So clarify the situation. We have histori- to address the concerns of the gen- it would seem to me that we could find cally, on this bill, on the previous ques- tleman from Ohio, and I thank him and money to correct problems that exist tion, had a vote. We have had a vote the Committee on Rules for supporting throughout this Nation with reference because we think the public is entitled my amendment. to the infrastructure for our election to that. If the previous question were The First Accounts initiative is a systems. not passed, an amendment may be in Mr. Speaker, I yield 3 minutes to the order to preclude the cost of living ad- demonstration program that is de- signed to help check-cashing ripoffs by gentleman from Utah (Mr. MATHESON). justment for Members. Mr. MATHESON. Mr. Speaker, I rise Long ago we decided, the gentleman improving the access of low- and mod- today in opposition to the previous from Illinois (Mr. HASTERT), the Speak- erate-income Americans to basic finan- question. I am very concerned about er of the House, and the gentleman cial services that most of us take for the fact that we are looking today at from Missouri (Mr. GEPHARDT), the mi- granted. Most of us take for granted allowing a congressional pay raise as nority leader, that that was the fair that we can go to the nearest corner to part of this rule. and proper thing to do. Everybody in an ATM machine or to a bank and have I have to tell my colleagues that at the leadership on both sides has agreed our financial services needs met. That this time, when we have just completed that cost-of-living adjustments that go is not so in all communities in this a decade where the watchwords have to everybody in the Federal service are country. It is one of the few programs been fiscal responsibility, where we justified. in this Treasury, Postal bill that is have been able to move to the point This is not in that sense a pay raise. specifically geared to helping low-in- where we no longer have annual budget It is what most Federal Government come Americans. deficits, where we have actually paid employees receive, and we will receive It is estimated that 8.4 million low- down some debt, where we have had a less than, by about 1.2 percent, than income American families, 22 percent great history over the last few years, Federal employees do. of all such families, do not have bank and since I came to Congress to con- Mr. LINDER. Mr. Speaker, will the accounts. And, remember, families tinue in that tradition, to preach fru- gentleman yield, and I will be glad to without bank accounts frequently re- gality, to show fiscal responsibility, to yield him a minute of my time? sort to check-cashing services to pay be aggressive about paying down the Mr. HASTINGS of Florida. I yield to bills and cash checks. My colleagues debt, in my own State right now we the gentleman from Georgia. may have read in the newspapers re- have uranium miners, we have people Mr. LINDER. Mr. Speaker, I would cently of one very large check-cashing who are exposed to radiation through ask, does the gentleman from Mary- firm which has now been sued for hav- fallout from Federal testing of nuclear land expect to vote for the previous ing 30 stores across this country that weapons. They are dying right now and question? were charging very high interest to the Federal Government will not even Mr. HOYER. Mr. Speaker, if the gen- low-income people. It is a ripoff, it is a fund them the compensation they are tleman from Florida will yield to me sham, and of course this First Ac- due. The Federal Government is send- for a response. counts services will allow people who ing them IOUs saying, well, we do owe Mr. HASTINGS of Florida. I yield to do not have banks in their areas, who you this money, we just do not have the gentleman from Maryland. do not have credit unions in their areas the money to give you, but we are okay Mr. HOYER. The gentleman from to be able to cash their checks without giving a congressional pay raise. Maryland will certainly vote for the having to pay such large interest on it.

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.012 pfrm01 PsN: H25PT1 H4552 CONGRESSIONAL RECORD — HOUSE July 25, 2001 We want to provide these woman from Florida (Mrs. MEEK) have Hoyer Mollohan Sensenbrenner ‘‘unbanked’’ families with low-cost ac- Hunter Moran (KS) Serrano reached an agreement on this; and I Isakson Moran (VA) Sessions cess to financial services, and we think hope the Committee on Financial Serv- Issa Morella Shadegg this will increase the likelihood that ices will, in the very near future, au- Istook Murtha Shaw they will begin a savings program and thorize this program so this money, Jackson (IL) Myrick Shays Jackson-Lee Nadler Simpson accumulate some assets. It also will which is now fenced, subject to author- (TX) Neal Skeen significantly decrease their reliance ization, can move forward and the Jefferson Nethercutt Slaughter upon high-cost check-cashing services. Treasury Department can implement a John Ney Smith (MI) In some of these neighborhoods, dotted program which is critically necessary. Johnson (CT) Norwood Smith (NJ) Johnson, E. B. Nussle Smith (TX) throughout the neighborhoods, there Mr. HASTINGS of Florida. Mr. Johnson, Sam Oberstar Souder are these big signs ‘‘check cashing Speaker, I yield back the balance of Jones (NC) Obey Spratt services’’; and of course on the day my time. Jones (OH) Olver Stark these people are paid, they are stand- Kanjorski Ortiz Stenholm Mr. LINDER. Mr. Speaker, I urge my Kennedy (RI) Osborne Sununu ing in line to get their checks cashed colleagues to support the previous Kilpatrick Otter Sweeney at these high-interest ripoffs in their question. King (NY) Owens Tanner Kingston Oxley Tauscher community. Mr. Speaker, I yield back the balance We are very happy that there is a Kirk Pallone Tauzin of my time, and I move the previous Kleczka Pascrell Taylor (MS) placeholder in the bill to address elec- question on the resolution. Knollenberg Pastor Taylor (NC) tion reform. And of course, the gen- Kolbe Payne Thomas The SPEAKER pro tempore (Mr. tleman from Florida (Mr. HASTINGS) LaFalce Pelosi Thompson (CA) FOSSELLA). The question is on ordering Thompson (MS) has spoken to that and so has the gen- Lampson Pence the previous question. Largent Peterson (PA) Thornberry tleman from Maryland (Mr. HOYER). If The question was taken; and the Larson (CT) Pickering Tiahrt this country is going to right itself LaTourette Pombo Tiberi from the many wrongs we have seen in Speaker pro tempore announced that Lee Portman Towns Traficant the last election, there certainly will the ayes appeared to have it. Levin Pryce (OH) Mr. MATHESON. Mr. Speaker, I ob- Lewis (GA) Putnam Upton be great attention to election reform. Linder Quinn Visclosky We must address it this year, not only ject to the vote on ground that a Lowey Radanovich Walden for the problems we have in Florida but quorum is not present and make the Lucas (OK) Rahall Walsh point of order that a quorum is not Manzullo Ramstad Wamp the problems we have throughout this Markey Rangel Waters Nation. present. Matsui Regula Watkins (OK) Because this is a Nation of laws, we The SPEAKER pro tempore. Evi- McCarthy (MO) Reyes Watson (CA) must begin to provide laws and provide dently a quorum is not present. McCarthy (NY) Reynolds Watt (NC) McCollum Rodriguez Watts (OK) resources so people will get the right to Pursuant to clause 9 of rule XX, the McCrery Roemer Waxman vote. I cannot emphasize that too Chair will reduce to 5 minutes the min- McDermott Rogers (KY) Weiner strongly and that people have died for imum time for electronic voting, if or- McHugh Rohrabacher Weldon (FL) this right. Certainly we in Congress dered, on the question of adoption of McInnis Ros-Lehtinen Weldon (PA) McKeon Rothman Weller would be remiss if we do not give them the resolution. McNulty Roukema Wexler a fine, strong intellectual system; and The Sergeant at Arms will notify ab- Meek (FL) Roybal-Allard Whitfield I think this bill will sooner or later sent Members. Meeks (NY) Rush Wicker Menendez Ryun (KS) Wilson provide for that. The vote was taken by electronic de- Millender- Sabo Wolf b 1100 vice, and there were—yeas 293, nays McDonald Sawyer Woolsey 129, not voting 11, as follows: Miller (FL) Saxton Wynn Mr. Speaker, I thank the committee Miller, Gary Schakowsky Young (AK) and the people who are members of this [Roll No. 267] Miller, George Schrock committee. We will go forward cer- YEAS—293 Mink Scott tainly from this after passing this Abercrombie Clay Fattah NAYS—129 strong rule to pass the Treasury and Ackerman Clayton Filner Akin Clement Flake Aderholt Hart Napolitano General Government Appropriations Allen Clyburn Fletcher Baird Hayes Northup bill. Andrews Collins Foley Baldwin Hayworth Ose Mr. Speaker, I thank the gentleman Armey Combest Ford Barcia Hill Paul from Florida (Mr. HASTINGS) and the Baca Condit Frank Barrett Hilleary Peterson (MN) Bachus Conyers Frelinghuysen Bartlett Holt Petri members of the Subcommittee on Baker Cooksey Frost Becerra Honda Phelps Treasury, Postal Service, and General Baldacci Cox Gallegly Berkley Hooley Pitts Government. Ballenger Coyne Ganske Berry Hostettler Platts Mr. HASTINGS of Florida. Mr. Barr Cramer Gephardt Bilirakis Hulshof Pomeroy Barton Crane Gilchrest Blagojevich Inslee Price (NC) Speaker, I yield 2 minutes to the gen- Bass Crenshaw Gillmor Boswell Israel Rehberg tleman from Maryland (Mr. HOYER). Bentsen Crowley Gilman Brady (TX) Jenkins Riley Mr. HOYER. Mr. Speaker, this Bereuter Cubin Gonzalez Brown (OH) Johnson (IL) Rivers amendment, consistent with the work Berman Culberson Goodlatte Bryant Kaptur Rogers (MI) Biggert Cummings Gordon Burr Keller Ross of the gentlewoman from Florida (Mrs. Bishop Cunningham Goss Capito Kelly Royce MEEK) and the chairman of the Com- Blumenauer Davis (FL) Graham Capps Kennedy (MN) Ryan (WI) mittee on Financial Services, the gen- Blunt Davis (IL) Granger Carson (OK) Kerns Sanchez Boehlert Davis, Tom Green (TX) Chabot Kildee Sanders tleman from Ohio (Mr. OXLEY), is in- Boehner Deal Greenwood Chambliss Kind (WI) Sandlin cluded in the rule as self-executing, Bonilla DeFazio Grucci Coble Kucinich Schaffer and I thank the Committee on Rules Bonior DeGette Gutierrez Costello LaHood Schiff for doing that. Bono Delahunt Gutknecht Davis (CA) Langevin Sherman Borski DeLauro Hall (OH) Davis, Jo Ann Larsen (WA) Sherwood I rise first to congratulate the gen- Boucher DeLay Hall (TX) DeMint Latham Shimkus tlewoman from Florida for working on Boyd Deutsch Hansen Dingell Leach Shows this issue. It is a critically important Brady (PA) Diaz-Balart Harman Edwards Lewis (KY) Shuster Brown (FL) Dicks Hastings (FL) Emerson LoBiondo Simmons issue to millions of what the gentle- Brown (SC) Doggett Hastings (WA) English Lofgren Smith (WA) woman referred to as the ‘‘unbanked,’’ Burton Dooley Hefley Etheridge Lucas (KY) Solis those who are not in the banking sys- Buyer Doolittle Herger Evans Luther Stearns tem. They do not have checks or ATM Callahan Doyle Hilliard Everett Maloney (CT) Strickland Calvert Dreier Hinchey Ferguson Maloney (NY) Stump cards. They get ripped off every week Camp Duncan Hinojosa Forbes Mascara Stupak when they try to cash their check or Cannon Dunn Hobson Fossella Matheson Tancredo when they need a little money to bide Cantor Ehlers Hoeffel Gekas McIntyre Terry Capuano Ehrlich Hoekstra Gibbons McKinney Thune them over. It is a significant problem. Cardin Engel Holden Goode Meehan Thurman I am pleased that the gentleman Carson (IN) Eshoo Horn Graves Mica Tierney from Ohio (Mr. OXLEY) and the gentle- Castle Farr Houghton Green (WI) Moore Toomey

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.016 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4553 Turner Udall (NM) Vitter the State of the Union for the consider- In particular, within the Customs Udall (CO) Velazquez Wu ation of the bill, H.R. 2590. Service, we have what might be fairly NOT VOTING—11 b 1131 called, Mr. Chairman, a rickety com- Hutchinson Lipinski Snyder puter system that is utilized for han- Hyde McGovern Spence IN THE COMMITTEE OF THE WHOLE dling some $8 billion worth of trade Lantos Scarborough Young (FL) Accordingly, the House resolved Lewis (CA) Skelton each day that goes through ports of itself into the Committee of the Whole entry with the U.S. Customs Service. b 1127 House on the State of the Union for the That system is, frankly, on the verge consideration of the bill (H.R. 2590) Mrs. EMERSON, Ms. KAPTUR, of collapse; and we do not need to be making appropriations for the Treas- Messrs. HAYES, BERRY, LEWIS of losing $8 billion daily in trade because ury Department, the United States Kentucky, SIMMONS, FORBES, SHU- of an antiquated information system in Postal Service, the Executive Office of STER, GIBBONS, KENNEDY of Min- Customs. the President, and certain Independent nesota, PITTS, SHERWOOD, LEACH, Even beyond the pace set by the ad- Agencies, for the fiscal year ending ministration’s budget, we have put the BILIRAKIS, TANCREDO, HILLEARY, September 30, 2002, and for other pur- POMEROY, STUMP, EVERETT, HILL, funding in for what is called the Auto- poses, with Mr. DREIER in the chair. mated Commercial Environment, MOORE, and Ms. HART changed their The Clerk read the title of the bill. vote from ‘‘yea’’ to ‘‘nay.’’ The CHAIRMAN. Pursuant to the which is the new Customs information Messrs. PASTOR, HILLIARD, rule, the bill is considered as having technology system that ties together FRANK, LAFALCE, and Ms. PELOSI been read the first time. some 50 agencies that are involved in changed their vote from ‘‘nay’’ to Under the rule, the gentleman from the imports and exports handled by the ‘‘yea.’’ Oklahoma (Mr. ISTOOK) and the gen- Customs Service to make sure that So the previous question was ordered. tleman from Maryland (Mr. HOYER) this trade that is so vital to the econ- The result of the vote was announced each will control 30 minutes. omy of the United States of America as above recorded. The Chair recognizes the gentleman can flow unimpeded. The SPEAKER pro tempore (Mr. from Oklahoma (Mr. ISTOOK). So those areas, law enforcement, FOSSELLA). The question is on the reso- Mr. ISTOOK. Mr. Chairman, I yield trade, drug interdiction as a key com- lution. myself such time as I may consume. ponent of law enforcement, and the in- The resolution was agreed to. Mr. Chairman, I am pleased to formation technology, are the main A motion to reconsider was laid on present to the House H.R. 2590. This is areas in which we have provided invest- the table. the fiscal year 2002 Treasury, Postal ments through the Subcommittee on Service, and General Government ap- Treasury, Postal Service, and General f propriations bill. Government bill. REPORT ON H.R. 2620, DEPART- As reported, this bill, of course, is The bill places, as I mentioned, a pri- MENTS OF VETERANS AFFAIRS within the agreed-upon balanced budg- ority on counter-drug efforts in law en- AND HOUSING AND URBAN DE- et that has been agreed to by the House forcement. Let me mention some the VELOPMENT, AND INDEPENDENT with the Senate and the President. The elements by which that is done. AGENCIES APPROPRIATIONS bill, compared to the current fiscal We have the Customs Air and Marine BILL, 2002 year operations, is $1.1 billion above Interdiction Program, which has not Mr. HOBSON, from the Committee on the current operations. It is also some had the aircraft or the boats to be able Appropriations, submitted a privileged $340 million above the original request to keep up with the degree of smug- report (Rept. No. 107–159) on the bill from the White House, although that gling of illegal drugs into the United (H.R. 2620) making appropriations for number, Mr. Chairman, was amended States, such as in southern Florida, the Departments of Veterans Affairs somewhat. The supplemental request where I visited recently. They are in and Housing and Urban Development, included funds for the 2002 Winter sore need of modern equipment to be and for sundry independent agencies, Olympics, which has been funded able to stem the flow of illegal nar- boards, commissions, corporations, and through the supplemental and has been cotics into America. offices for the fiscal year ending Sep- reallocated accordingly within this We put significant new investments tember 30, 2002, and for other purposes, bill. into the effort, the manpower, expand- which was referred to the Union Cal- As reported, Mr. Chairman, the ing the manpower where they are over- endar and ordered to be printed. spending allocation enables us to do a burdened and overworked, and also ex- The SPEAKER pro tempore. Pursu- number of significant things regarding panding the equipment available to ant to clause 1, rule XXI, all points of Federal law enforcement in particular. them to do that. Mr. Chairman, realizing that we have We have funding for the Integrated order are reserved on the bill. been favored with a positive allocation Violence Reduction Strategy by Alco- f from the full committee chairman, the hol, Tobacco and Firearms, which is b 1130 gentleman from Florida (Mr. YOUNG), it trying to stem the use of illegal weap- is a fair question how we have applied ons, or legal weapons used illegally, by GENERAL LEAVE the extra $1 billion that has been made people in the commission of violent Mr. ISTOOK. Mr. Speaker, I ask available. The short answer is we have crimes. Both the Youth Crime Interdic- unanimous consent that all Members sought to address some very significant tion Initiative and the Integrated Vio- may have 5 legislative days in which to needs, in particular in Federal law en- lence Reduction Strategy receive sig- revise and extend their remarks on forcement. Some 30 percent of Federal nificant new funding in this measure. H.R. 2590, and that I may include tab- law enforcement is funded through this Also significantly increased is what ular and extraneous material. appropriation measure. We have also is known as HIDTA, the High Intensity The SPEAKER pro tempore (Mr. sought to address some very compel- Drug Trafficking Area program. Some FOSSELLA). Is there objection to the re- ling needs regarding information tech- $231 million in Federal resources is quest of the gentleman from Okla- nology. made available in this bill for coordi- homa? Let me give an example, Mr. Chair- nating the efforts between the State, There was no objection. man. We are all aware that the IRS has the local and the Federal law enforce- f had significant problems dealing with ment agencies, which all must work to- the complexity of the Tax Code and in gether, especially in the areas where TREASURY AND GENERAL GOV- having a modern information system there are significant problems of drug ERNMENT APPROPRIATIONS ACT, that will enable taxpayers to have cor- trafficking. 2002 rect information in the hands of the We also have, Mr. Chairman, an ef- The SPEAKER pro tempore. Pursu- IRS and not be receiving incorrect no- fort to try to address the accumulated ant to House Resolution 206 and rule tices. This allocates significant fund- backlog that is clogging up the court XVIII, the Chair declares the House in ing to accelerate the information tech- system. Federal courthouses are funded the Committee of the Whole House on nology advancement in the IRS. in this bill to the tune of $326 million

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.002 pfrm01 PsN: H25PT1 H4554 CONGRESSIONAL RECORD — HOUSE July 25, 2001 in construction, following the prior- an overview of the bill; but I know we enjoy on the Subcommittee on Treas- ities laid out by the administration will hear many different policies pro- ury, Postal Service, and General Gov- and the General Services Administra- posed that, frankly, Mr. Chairman, I do ernment: the chief clerk, Michelle tion and the Administrative Offices of not think will be in order under the Mrdeza; Jeff Ashford; Kurt Dodd; the Courts, to make sure that we are bill, or, even though they might tech- Tammy Hughes; and, on a delegated putting the funding where the courts nically be in order, will not be proper status from the Secret Service, Chris are most overcrowded. So this includes for inclusion in this bill and should be Stanley. the funding for site acquisition, design addressed through other legislation. It has taken a lot of hard work to go and/or construction of some 15 court We hope to keep this appropriation bill through the details in this bill, having houses across the Nation, which is one clear of any extraneous riders that are as many different Federal agencies beyond the number that was originally not really part of the central purpose that are at the heart of the executive proposed by the President, but does fol- of the measure. branch, including the White House, the low the same priority list as everyone I wanted to thank my colleagues on Office of Management and Budget, the has agreed upon, including the admin- the subcommittee for all of their hard General Services Administration, Of- istration. work and effort in putting this bill to- fice of Personnel Management, the In regard to legislative items, I gether. The gentleman from Maryland Treasury Department itself, and many would like to point out, Mr. Chairman, (Mr. HOYER), the ranking member of of the core Federal agencies, including that we continue the prohibition that the Subcommittee on Treasury, Postal in particular law enforcement. is part of current law to make sure Service, and General Government, has I believe this is a good bill, Mr. that Federal funds are not used to help been especially helpful in working to- Chairman, which merits people’s sup- pay for abortions through the Federal gether to resolve differences; and, port. It advances our objectives to Employees Health Benefits Plan. This frankly, Mr. Chairman, we have been combat the flow of illegal drugs, yet to also continues the requirement that able to come to agreement on some improve the flow of legal commerce. It FEHBP includes coverage for prescrip- things that sometimes there are sig- tries to address significant problems of tion contraceptive services with cer- nificant policy differences on, but a lot overcrowding in the Federal courts by tain circumstances for concerns of con- of hard work with the gentleman from making sure that facilities are avail- science and with key exceptions, but Maryland (Mr. HOYER) and everyone able to them. overall a clear policy on the coverage else has gotten us through that. Mr. Chairman, I would ask every of contraceptives. I want to thank his staff members, Member of this body to support this As we move through consideration of including Scott Nance; the gentleman bill, and look forward to working with this measure on the floor, Mr. Chair- from Wisconsin (Mr. OBEY) and his the Members in considering amend- man, I know we will hear different staff; Rob Nabors; and of course, I ments that they may offer. amendments. I will not try to cover would be remiss if I did not thank the Mr. Chairman, I include the following them all at this time, rather than give excellent staff that we are able to for the RECORD.

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VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.023 pfrm01 PsN: H25PT1 Insert offset folio 130/1 here EH25JY01.001 H4556 CONGRESSIONAL RECORD — HOUSE July 25, 2001

VerDate 25-JUL-2001 02:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.023 pfrm01 PsN: H25PT1 Insert offset folio 130/2 here EH25JY01.002 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4557

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.023 pfrm01 PsN: H25PT1 Insert offset folio 130/3 here EH25JY01.003 H4558 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Mr. Chairman, I reserve the balance Mr. Chairman, for the IRS, this bill will continue to monitor, and I know of my time. provides the Internal Revenue Service the committee will as well, this situa- Mr. HOYER. Mr. Chairman, I yield with a funding level above the Presi- tion closely to determine that the IRS myself such time as I may consume. dent’s request, including $325 million is able to do the job that the Congress Mr. Chairman, I rise in support of to modernize their computer systems and the American public want them to this bill. This is a reasonable bill, and and $86 million to complete the hiring do. I thank the gentleman from Oklahoma of over 3800 employees necessary to es- Another concern I have is the fund- (Chairman ISTOOK) and the staff for tablish a strong balance between com- ing for courthouse construction. Al- working closely with our staff and with pliance and customer service at the though this bill includes funding above me and with our Members on bringing IRS. the President’s request, the committee this bill to the floor. Mr. Chairman, some years ago, we has fallen short of the judiciary’s 5- As I said, I believe it is a reasonable passed the Reform and Restructuring year courthouse project plans. In fact, bill, a bill that is higher than fiscal Act which asked the IRS to become we have funded only half of what they year 2001 and about one-third higher more efficient and more customer- say is needed over these last 5 years for than the President’s request. The bill friendly. We also, at the same time, at courthouses. provides strong support for our law en- the insistence of Secretary Rubin, then As we have seen an increase in pros- forcement agencies. Forty percent of Secretary of the Treasury, hired a new ecutions, an increase in incarcerations law enforcement is covered by this bill, Commissioner, Charles Rossotti. Mr. to make our streets safer, the good which surprises some, but it is a criti- Rossotti is doing an excellent job and I news is the crime statistics throughout cally important component of our law think that perception is shared across our country have gone down. That is enforcement efforts at the Federal the aisle and across ideologists. He is a what we wanted them to do. At the level. business manager of the first stripe. He same time, the demands on our court- We support our law enforcement has brought his business management houses have gone up. In order to ac- agencies by including $170 million skills to IRS; and, because of that, I commodate that, we need to invest to above the President’s request for the think we are seeing an improved IRS, a make sure that those courthouses are Customs Service to modernize their more efficient IRS, but there are still up to the job. I would hope that the systems for the assessment and collec- problems. committee would continue to focus on tion of taxes and fees, which total over Mr. Chairman, significant improve- this issue very carefully. The longer we underfund the judi- $20 billion annually. That is important ments were made to the bill during the ciary’s request, the higher the cost and for all of our exporters and importers. committee consideration. We were able the more pressing the need becomes. It is important for every consumer in to add back $10 million for the First Mr. Chairman, I am also concerned America, and the increase is an appro- Accounts program. We acted on that in with several provisions in this bill that priate step for us to take to ensure the manager’s amendment. There has reduce legislative oversight respon- that the information technology capa- been an agreement that the money ap- sibilities of the Executive Office of the bility of Customs is at the level it propriated for the First Account sys- President. We are going to be talking needs to be. tem will be subject to authorization. about those. There is a certain sensi- It includes $15 million above the re- We also provided a provision which tivity that is particularly important as quest for Customs Service to hire addi- carries out existing law of pay parity Congress reviews the budget request tional inspectors, a very important ob- for our Federal employees with our for the Executive Office of the Presi- jective; $33 million more for Customs military employees. Federal employees dent. In my opinion, the President of inspection technology; and $45 million will continue to have, as the chairman the United States deserves the appro- in additional funding for the Secret has pointed out, the option, their priate respect and deference. However, Service to hire additional agents to re- choice, of contraceptive coverage under it is also important that Congress not duce staggering overtime levels. the Federal employee health benefit relinquish its oversight responsibil- The chairman mentioned that, but program. ities. We will hear about these issues let me call to the attention of some Obviously, no bill comes to the floor today as other Members of the body who may not know these figures that that is a perfect one; and I want to have similar concerns, and amend- some of our Secret Service agents have mention, Mr. Chairman, some of my ments will be offered. been asked to work 90 hours per month. continuing concerns. I am encouraged, however, that this First, I am concerned about the de- b 1145 bill contains a placeholder for an issue cline in compliance activities at the important to all Americans, and that is Obviously, the job of a secret service IRS. I make the analogy to setting a election reform. We are going to be dis- agent is extraordinarily stressful. They speed limit at 55 or 60, and then having cussing that when the gentleman from need to be alert at all times; obviously, no enforcement of that speed limit. Florida (Mr. HASTINGS) offers an sometimes tense times as they guard Clearly, what will happen not only in amendment to add substantial dollars the President, the Vice President and the short term, but over the long term, to this bill. I will not debate it further other dignitaries, and asking them to will be that drivers will drive faster at this time, but it is a very significant work 90 hours overtime is simply not and faster because of the lack of en- concern which we will have to deal safe for them or safe for those whom forcement, and safety will be at risk. with either today or in a supplemental they protect. Frankly, what happens in the IRS, some weeks ahead. In addition, we add an additional $25 with less and less enforcement, we Many Members of the body, Mr. million for the high intensity drug have, unfortunately some, who will not Chairman, are rightfully concerned trafficking areas, the HIDTA program, comply with their obligations. What that neither the administration nor and the chairman referred to those. that does is it places higher obligations Congress has acted on election reform. They are an extraordinarily important on those who voluntarily and legally I truly believe, as I have said in the asset of our law enforcement in this comply. past, that election reform is the civil country, and a complement to local Mr. Chairman, in-person audits have rights issue of the 107th Congress. law enforcement in their fight against decreased from 2 million in 1976 to There is no more basic right for an drugs and the trafficking of drugs. 247,000 in 2000, an 88 percent decline. American or anyone who resides in a Their major contribution, in my opin- Now, that is an 88 percent decline from democracy but to have the right to ion, is that they bring together Fed- 2 million down to 247,000, but when we vote, but as importantly, to have that eral, State, and local law enforcement consider it in the context of the fact vote easy to cast and properly counted. agencies to coordinate with one an- that we have millions of more tax- Mr. Chairman, I have had several other to confront, to arrest, and to in- payers 25 years later, that decline in conversations with the chairman of the carcerate those who would undermine percentages of tax returns audited is Committee on Appropriations, the gen- the health of our communities by sell- even more dramatically reduced. tleman from Florida (Mr. YOUNG), who ing drugs on our streets, in our schools, The additional FTEs included in this has shown a great willingness to con- and in our communities. bill will go to help this problem, but I sider and support election reform and

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.024 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4559 election reform funding. I appreciate been going up by double digits in each Mr. ISTOOK. Mr. Chairman, will the his efforts, and I hope we can make of the last 4 years. So it is important gentleman yield? some positive progress on this issue for that we bring these premium costs Mr. LEACH. I yield to the gentleman all Americans. under control while maintaining the from Oklahoma. Mr. Chairman, in closing, let me say current coverage of services, and since Mr. ISTOOK. Mr. Chairman, I thank that this is a good bill. It funds prop- about half of our workforce are women, the gentleman from Iowa, because I erly the priorities that are the respon- which we would expect, we should cer- know he has been working diligently to sibility of this bill, and I would urge tainly treat women the same as we do secure the needed courthouse in Cedar Members to support it when it comes men in terms of its coverage. Right Rapids. time for final passage. now, there is a disparity. I want to tell the gentleman that Mr. Chairman, I reserve the balance President Bush’s budget expressly re- that is indeed the item that is next on of my time. jects the bipartisan contraceptive cov- the priority list that we have. We are Mr. ISTOOK. Mr. Chairman, I reserve erage provision that has been part of fortunate we were able to go one be- the balance of my time. this bill since 1998, so we put it back in yond what the administration had pro- Mr. HOYER. Mr. Chairman, I yield 4 in committee to make sure that wom- posed as far as funding courthouses. minutes to the distinguished gen- en’s contraception is covered under And again, as the gentleman men- tleman from Virginia (Mr. MORAN), Federal health insurance plans. It is tioned, on a professional priority basis, who has been so focused on the needs of the largest single out-of-pocket ex- a nonpolitical basis, Cedar Rapids has Federal employees, and their pay and pense for women during their working now moved to the top of the list, and benefits; he has been extraordinarily years, and there is no question that we are looking at the potential of being helpful in years past and this year in this is an important aspect of health able to find a way to potentially fund fashioning a bill to ensure that Federal insurance coverage and should be man- that during this year. civilian employees are treated fairly dated if the executive branch is not Obviously, we have not been able yet and that we have the ability to not going to include it. to reach that conclusion. We are still only retain our excellent public em- There is no additional cost to the not through the entire budget process, ployees, but also to recruit, to fill the plan, according to the Office of Per- but we do want to work together with vacancies that will occur in increasing sonnel Management; and I am glad the gentleman to look at the potential numbers in the years ahead. that this will be part of this bill and of making sure that moves along rap- Mr. MORAN of Virginia. Mr. Chair- should certainly be enacted. man, I very much thank the gentleman idly. Now, the last thing is the Automated I do want to assure the gentleman from Maryland (Mr. HOYER), my very Commercial System for Customs. that whether it ended up being this close friend and neighbor and leader in There is an inclusion of money for the so many ways, and particularly on the year or next year, it is at the very top Customs Service to continue the com- of our priority list now. issues that are involved in this Treas- puterization of our Customs Service. ury-Postal appropriations bill. I want- Mr. LEACH. I appreciate that. This is terribly important. We have Mr. Chairman, I would like to just ed to refer to three of them in par- miles of trucks backed up on our bor- conclude with two comments. ticular: the effect on the Federal work- ders. This should have been put in One, again, I would express my appre- force; gender parity in terms of health place years ago. We will now be on ciation for the professionalism of this insurance; and the money for the Cus- schedule to put Customs automation whole consideration. Cedar Rapids, like toms modernization that is in this bill. on line within the next 5 years. In terms of the Federal workforce, many towns in America, has been on Mr. Chairman, this is a good bill. It this list, and each town is anxious to this includes an amendment that the should be passed with a strong bipar- gentleman from Maryland (Mr. HOYER), get their courthouse done. There is a tisan vote. case for everyone around the country. the gentleman from Virginia (Mr. Mr. ISTOOK. Mr. Chairman, I yield It is my impression that the gentle- WOLF), and I put in the full committee such time as he may consume to the man’s subcommittee has been excep- markup. It also reflects an amendment gentleman from Iowa (Mr. LEACH) for tionally professional in how they have that I had added to this year’s budget the purposes of a colloquy. resolution that we should be providing Mr. LEACH. Mr. Chairman, I would done the prioritization. the same pay raises for Federal civilian like to briefly mention the subject the I would only conclude with one brief aspect for my community. The commu- employees as we do for military em- gentleman from Maryland (Mr. HOYER) ployees. President Bush’s budget in- mentioned earlier and that is the nity has really done a whole lot on the cludes a 4.6 to 5 percent increase for courthouse issue and the priority that cost containment grounds with low- military employees and, in some cases, might be given it. I would first like to cost ground, et cetera. This is the up to 10 percent. We think that civilian compliment the committee and the heart of community revitalization for employees who work side-by-side with professionalism in which they have ap- Cedar Rapids, so it is both a judiciary military personnel should get the same proached the courthouse issue. As the matter and, frankly, a community pay raise. gentleman knows, there is a long list matter. So to the degree that sympathetic We have a crisis developing in the which has been developed with the De- consideration can be given this year, I Federal workforce. Over the next 5 partment of Justice in a very profes- personally would be deeply appre- years, up to half of our Federal work- sional, nonpolitical way. force will retire or at least be eligible I represent a town called Cedar Rap- ciative, and I thank the gentleman for retirement. There are a number of ids, Iowa, which is on the cusp of from Oklahoma for his thoughtful lead- things we can do to address this crisis. whether it should be funded this year ership. One of them is to implement the Fed- or the following year. Mr. ISTOOK. I thank the gentleman eral Employees Pay Compensation Act from Iowa. I very much appreciate his that was passed back in 1990. Right b 1200 terrific effort on this matter. now, we have a 32 percent pay gap be- It is my understanding, based on Mr. HOYER. Mr. Chairman, I yield 4 tween Federal civilian employees and some public announcements this past minutes to the gentlewoman from Ohio people who perform the same function week, that Senate appropriations lead- (Ms. KAPTUR), the ranking member of in the private sector. There is a 10 per- ership has indicated that they expect the Subcommittee on Agriculture, cent gap between military personnel to fund the Cedar Rapids Courthouse, Rural Development, Food and Drug Ad- and those people who perform the same at least the beginning planning funding ministration and Related Agencies. function in the private sector. Both of of about $15 million. She does an extraordinary job. We are those gaps should be narrowed and What I would like to inquire of the pleased with her help on this bill. I ap- eventually eliminated, but we should gentleman is, if resources become preciate the gentlewoman commenting at least provide the same pay raise for available and we can move down this on this, and her very important inter- civilian as well as military personnel. next step, if there is any possibility vention. In terms of the Federal Employees that Cedar Rapids could be considered Ms. KAPTUR. Mr. Chairman, I thank Health Benefits Plan, this plan has in this round. the able gentleman from Maryland

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.027 pfrm01 PsN: H25PT1 H4560 CONGRESSIONAL RECORD — HOUSE July 25, 2001 (Mr. HOYER), the ranking member of Ms. KAPTUR. Mr. Chairman, I thank Mr. ISTOOK. Mr. Chairman, will the the Subcommittee on Treasury, Postal the gentleman very much for the clari- gentleman yield? Service and General Government, for fication and for his willingness to en- Mr. KINGSTON. I yield to the gen- yielding me this time. gage in this colloquy. It has been a tleman from Oklahoma. I rise to engage the chairman of the pleasure to work with the gentleman. Mr. ISTOOK. I thank the gentleman subcommittee on Treasury, Postal Mr. ISTOOK. Mr. Chairman, I yield for yielding. Service and General Government, the such time as he may consume to the I am very well aware of the impor- gentleman from Oklahoma (Mr. gentleman from Georgia (Mr. KING- tant work being done at Glynco and of ISTOOK), in a colloquy regarding public STON) to engage in a colloquy. FLETC’s critical role in providing the debt management. Mr. KINGSTON. Mr. Chairman, I very highest quality in consolidated Mr. Chairman, as part of the House thank the gentleman for yielding time law enforcement training to Federal report accompanying the fiscal year to me. law enforcement organizations, as well 2002 appropriation bill for the Treasury Mr. Chairman, I also thank the rank- as others that participate. Department, the Committee on Appro- ing member and the chairman, both of I applaud the strong personal support priations directs the Bureau of Public them, for their support of the Federal of the gentleman from Georgia for Debt to provide a report to review the Law Enforcement Training Center in FLETC’s work to achieve this mission. complete debt program of the Bureau Artesia, New Mexico, and in Bruns- We have indeed addressed some im- from a fiscal management perspective, wick, Georgia. portant construction requirements at providing cost comparisons between This very important Federal Train- FLETC to keep it on its necessary con- high amount-low volume debt instru- ing Center trains over 70, I believe the struction schedule. I certainly want to ments and low amount-high volume number exactly is 71, different Federal assure my colleague that I look for- debt instruments. agencies. They have over 250 different ward to working with him further to Another major concern regards the classes. They get all kinds of hands-on ensure that additional FLETC funding ownership of our public debt, particu- training. It is very important for our is going to be given every consider- larly the extent and growth in foreign law enforcement effort. ation as the bill does move through the Mr. Chairman, I would be certainly ownership of U.S. debt securities. process. remiss on this 3-year observance of the I would say to the chairman, the Mr. KINGSTON. I certainly thank terrible tragedy we had with the Cap- ownership of the government’s debt is the chairman for that. itol Hill Police in this very building to increasingly in the hands of foreign Again, I wanted to emphasize to the not recognize yesterday’s moment of owners. Our government may not be chairman and to the very capable staff, silence in the memory of those great sufficiently active in promoting the do- we appreciate everything that they do officers who bravely put their lives on mestic ownership of our debt, espe- for them, not just in Brunswick, Geor- the line and sacrificed their lives 3 cially to individuals, something that gia, but in Artesia. years ago for this body and for all the many of us in this Chamber can recall I also want to thank the gentleman being a matter of national will and, in- tourists who come to the United States from Maryland (Mr. HOYER) for his sup- Capitol. They were trained at the Fed- deed, pride. port of FLETC. The gentleman from As part of this review of the national eral Law Enforcement Training Center. Maryland (Mr. HOYER) has visited the debt, I believe that we should have a Mr. Chairman, I wanted to ask the facility before, and I know staff has detailed report regarding the levels of chairman if he would engage in a col- ownership of savings bonds and other loquy with me. I appreciate the gentle- visited it, but the doors are wide open. forms of public debt, rates of return on man’s courtesy. I want to thank the Any time the Members want to come those savings bonds and other forms of gentleman for all the support he has to Georgia, we would be glad to put on public debt, and how savings bond own- given, and also ask a question. our dog and pony show for the gen- ership historically compares to other As the gentleman knows, FLETC, the tleman and show off the facility. forms of public debt. Federal Law Enforcement Training Mr. ISTOOK. I certainly look forward Would the gentleman agree that the Center, is in the midst of a master plan to meeting the dogs and the ponies. review of the complete debt program of for construction to meet their long- Mr. HOYER. Mr. Chairman, I yield the Bureau of the public debt requested term capacity requirements, in par- myself such time as I may consume. by the committee should contain a ticular the closure of the temporary Mr. Chairman, I simply want to say thorough analysis of debt ownership, U.S. Border Patrol Training Facility in to the gentleman from Georgia, he is differentiating between foreign and do- Charleston, South Carolina, and to absolutely correct, the Federal Law mestic customers as well as between allow for transition of all basic train- Enforcement Training Center, located individuals by income category, cor- ing for border patrol officers to be car- in Glynco, in his district, is not only a porations, and governments; trends ried out at the FLETC location in law enforcement agency that trains over the last 20 years with respect to Brunswick, Georgia, and in Artesia, Treasury law enforcement, but, as the what groups are purchasing U.S. debt; New Mexico, on those campuses, by the gentleman knows, trains a broad array the amount of interest being paid to year ending 2004. of law enforcement officers, including each bondholder category; and develop- This transition will increase the non-Federal officers. It is a very, very ments and trends over the last 20 years workload both at Glynco and Artesia. important facility. They are one of the with respect to what media and meth- Glynco is preparing to meet the in- experts in the field. odologies are being used to affect debt creased demand. It is very important We are very pleased to work with the transactions? that they have the space and facilities gentleman and with them to carry out Mr. ISTOOK. Mr. Chairman, will the needed to accommodate the additional the very, very important job of not gentlewoman yield? students. only training initially our law enforce- Ms. KAPTUR. I yield to the gen- I greatly appreciate the efforts of the ment officers but from time to time tleman from Oklahoma. chairman and the ranking member and giving them training that keeps them Mr. ISTOOK. Mr. Chairman, I thank all the subcommittee members for the both technically, physically, mentally the gentlewoman for her interest, improvements that are already in this on top of their game. which is bona fide, on an important bill. I greatly appreciate the manager’s I am also pleased, as the gentleman issue. amendment, which the gentleman just knows, that we are going to provide Yes, it is the intent of the Committee passed, and the gentleman’s support of some local law enforcement training that the report provide information on the additional construction funds. for all the law enforcement officers customer demographics and trans- Mr. Chairman, I just wanted to ask, that are located here so they can keep action changes such as the gentle- as we move into conference, if the gen- up to speed on a week-to-week and woman described, as well as the de- tleman could say that these additional month-to-month basis. tailed cost data, with sufficient detail resources, and any others that may be But there is no doubt that FLETC’s to allow us to differentiate among all out there, will have the support of the job and its location at Glynco, which of the major forms in which the public chairman as we go through the process we have fought to keep centralized, so debt is financed. with the other body. we do not putting training centers all

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.034 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4561 over the country and can marshall and in the country. Mr. Chairman, this bill and essentially at no cost to the gen- focus our expertise at that site, is a does a lot. tleman’s budget. very important effort. I appreciate the I also want to mention the fact that Let me describe this bill a bit more. gentleman’s comments. there is one issue that we are not put- As I said, the National Institute of Mr. Chairman, I yield 4 minutes to ting enough emphasis on in this coun- Standards and Technology is the Na- the gentlewoman from Florida (Mrs. try, and in this particular bill we did tion’s chief standard-setting organiza- MEEK), a very outstanding member of not put emphasis on it, either. That tion; and they do not just pull stand- the subcommittee and of the Com- was electoral reform. The time has ards out of the air. They always work mittee on Appropriations, someone come that we do pay sufficient atten- with the user communities. They have who represents her district extraor- tion to election reform, and this is the a 200-year history of doing this, and do dinarily well in south Florida, in the committee to do that. So I do hope it well. A commission, which would be Miami area, and someone who I count that this problem will be addressed in a formed as part of this, would have the as a very dear friend. She has an better fashion another year. director of the National Institute of Standards and Technology as the amendment that has been included, b 1215 which is a very, very important one. I Chair. The commission would also in- think she wants to talk about that. I am advised that my good friend, the clude a member from the American Na- Mrs. MEEK of Florida. Mr. Chair- gentleman from Maryland (Mr. HOYER), tional Standards Institute, which is man, I thank the gentleman for yield- and the gentleman from Ohio (Mr. NEY) the private sector arm of standard set- ing time to me, the ranking member of have already introduced legislation ting and is well-known. There would be our subcommittee. I thank the gen- that will help us in terms of election a representative of the Secretaries of tleman from Oklahoma (Mr. ISTOOK), reform. They are providing leadership State throughout this country, a rep- the chairman. on that, and it does not only fit some resentative from the Election Directors Mr. Chairman, this is a very good of the problems in Florida but the en- of the States, representatives from bill. Certainly we need the support of tire Nation. local governments, county clerks, city the entire Congress on this bill. It is Now, I do not have the time to dis- clerks and so forth, as well as technical quite an improvement over last year’s cuss all the particulars, Mr. Chairman, representatives, individuals who are in bill, and that is as it should be. and all the needs that were met universities and have experience work- Mr. Chairman, there are many items through this particular piece of legisla- ing on voting and voting standards in the bill that I like very much. There tion, and there are, I am sure, other issues. And, of course, I am sure they are one or two that perhaps could have items that we could have funded and will work with the FEC on this. been included that perhaps were not. I could have done a better job of; but we This commission would recommend like the First Accounts program that did cover law enforcement, we covered standards. They would establish rather pays parity to people of low income, Customs, certainly, we covered the immediate voluntary technical stand- and I like the parity amendment be- First Accounts initiative, and I am ards; and then, after some time, they tween the civilians and the military. pleased with those significant steps would develop permanent standards I like protection for the civil service. that we take in this bill to improve our which are accepted by the user commu- We heard very good testimony from the support for Treasury law enforcement, nity. These standards would ensure the civil service, and I feel good about the particularly with respect to Customs usability, accuracy, integrity, and se- fact that the bill provides $45 million and the Secret Service. curity of voting products and systems for the Secret Service to address their I mentioned the $300 million invest- used in the United States. overtime concerns. ment for ACE, and as I have repeatedly It is very important to recognize the There is $15 million for additional discussed before, we need more Cus- Federal Government does not control Customs Inspectors, which we need des- toms employees at Miami Inter- the election apparatus. But H.R. 2275 perately in certain coastal areas of this national Airport and the Miami sea- outlines what we can do to help the country. There is $33 million to im- port. And I thank the members of the city clerks and county clerks, who ac- prove Customs inspection technology committee and urge support of this tually operate the voting systems, and and $14 million for Customs air im- bill. the State authorities who supervise the provement programs. Mr. ISTOOK. Mr. Chairman, I yield 4 local systems. Now, why have NIST do I cannot say too much on behalf of minutes to the gentleman from Michi- this? As I said, because they have the law enforcement in the area of the gan (Mr. EHLERS). experience. They do this constantly, Treasury-Postal bill in that each of the Mr. EHLERS. I thank the gentleman and I am certain they would do a very law enforcement agencies did receive for yielding me this time. I would like good job. considerable help through this bill. to comment on a statement that ap- Let me add another comment, Mr. They very much needed it. pears in the report accompaning this Chairman. I understand there is an- The Customs Service’s Automated legislation, to the effect that the Fed- other amendment which will be offered Commercial Environment, which we eral Elections Commission (FEC) has later to include in this bill an extra call the ACE program, ACE received asked for approximately, $2.5 million, $600,000 for communities to buy voting $170 million more than the President’s to update and enhance voting system equipment. I think that is premature. I request. It is important that this par- standards. The committee notes they do not think anyone should buy new ticular initiative be bolstered by our support these efforts but will wait for voting equipment until we review, de- subcommittee. authorization from the Committee on termine, and establish good voting Most of all, Mr. Chairman, we owe a House Administration, of which I am a standards. debt of gratitude to the staff of this member and of which the gentleman Let me give a specific example of committee. I am sure each of our sub- from Maryland (Mr. HOYER) is also a why this is important. More and more committees have wonderful staffs, but member. of the voting machines are computer- I saw that this particular committee I have good news for the chairman. I ized, and yet they do not have any em- staff went beyond what staff normally think I can save him some of that $2.5 phasis on security. The average college does to reach out to Members who need million, and that is the reason I rise freshman could hack these systems and help, and I appreciate that. today. I have introduced a bill, H.R. change election results. We need far We provide $15 million for the Miami 2275, that would hand this standards- better standards for security, integrity Federal courthouse. That has been a setting duty over to the National Insti- and usability so that any citizen can long time coming, but it is here now; tute of Standards and Technology, use them without training and the vote and thanks to the subcommittee, we which is the Nation’s standard-setting will accurately reflect the intent of the have the remaining funds to build the organization. NIST is specifically given voter. Federal courthouse in Miami. the mission of, and is well equipped to, There is a lot of work to be done All Members realize that the Federal set standards. They would do a very here. I believe asking NIST to set these courts are really packed, and they do fine job of setting voting technology initial standards is a good way to start. need money. They are the busiest ones standards, at considerably less cost, Additional legislative work that will

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.037 pfrm01 PsN: H25PT1 H4562 CONGRESSIONAL RECORD — HOUSE July 25, 2001 have to be done will come from the This is a very important provision, and I am Mr. OXLEY. Mr. Chairman, I want to first Committee on House Administration grateful that the vote to sustain this coverage thank Mr. ISTOOK and Mr. YOUNG for their co- and will be done by the gentleman from was both bipartisan and strong. operation in addressing the concerns of the Maryland (Mr. HOYER), the gentleman I am very proud to say that this provision, Committee on Financial Services with respect from Ohio (Mr. NAY), who is chairman which gives 1.2 million federal employees of to the Treasury, Postal and General Govern- of that committee, and by myself as a reproductive age access to contraception in ment Appropriations bill for fiscal year 2002. member, and with the other committee their health plans, has been very, very suc- And while I am supportive of the bill in its cur- members. cessful. rent form, I do have a concern with certain There is much to be done here, but I Since the provision’s enactment, there have language contained in the committee report. believe having NIST work on the vot- been no problems with implementation and no That language states: ing standards with the Federal Elec- complaints received by the Office of Personnel The Committee is aware that concerns tions Commission and all the user Management (OPM). Let me repeat that—no have been expressed about the impact of the groups is a very good way to start. And plan, no provider, no beneficiary has con- Federal Reserve/Department of Treasury I just want to pass that information on tacted OPM with a concern or complaint about proposed regulation to redefine real estate brokerage and management activities. The to the chairman, and hopefully help the contraceptive coverage provision. Committee expects Treasury to work with him save some money in this bill. Before my provision was enacted, 81% of the Department of Housing and Urban Devel- Ms. RIVERS. Mr. Chairman, I rise today to all FEHB plans did not cover the most com- opment when developing the final rule. speak about the Members’ annual cost of liv- monly used types of prescription contracep- This language contradicts section 103 of the ing allowance, not to oppose the COLA but to tion. A full 10% covered no prescription con- Gramm Leach Bliley Act of 1999 which pro- reject the procedure we are using to consider traception at all. vides that the Federal Reserve Board, to- it. Today, federal employees can choose the gether with the Department of the Treasury, During my time in Congress, we have ad- type of contraception best medically suited for shall have the sole responsibility to determine dressed this issue several times. In 1997, I them. for financial holding companies what activities opposed the increase because the Federal My colleagues, let’s remember why this is are financial in nature or incidental or com- budget was in deficit, and we were proposing so very important. plementary to such financial activity. Given massive cuts to programs that everyday peo- Contraception is a family issue, and it is this conflict between statutory law and the Ap- ple rely upon. I was also concerned about the basic health care for women. propriations Committee report, I have every process the House employed in considering Although abortion rates are falling, today— expectation that the Federal Reserve Board the COLA. I was unhappy that there was little still—nearly half of all pregnancies in America will follow the letter and intent of the law. public debate on the issue and only a proce- are unintended and half of those will end in In noting this contradiction, I am not ex- dural rather than a straight yes or no vote. abortion. Increasing access to the full range of pressing an opinion on the Federal Reserve In 1999, the procedure was the same. contraceptive drugs and devices is the most Board/Treasury proposal to classify real estate Again, I was uncomfortable; and as I did with effective approach to reducing the number of brokerage and management activities as fi- the 1996 COLA, I did not accept the increase unintended pregnancies. nancial activities. I trust the Federal Reserve and returned the net amount to the Treasury. Americans share our goal. According to a Board and the Department of the Treasury will Now, many Members argue that COLA is recent national survey, 87 percent support fully consider the views of the public, the in- not a raise per se and that the statute auto- women’s access to birth control, and 77 per- dustries affected by this proposal, as well as matically authorizes implementation without re- cent support laws requiring health insurance the relevant Federal and State agencies, and quirement of debate or vote. Several point out plans to cover contraception. take any time necessary to do so. that COLAs for other workers operate in just Their message is clear: If we want fewer Mr. FRELINGHUYSEN. Mr. Chairman, I rise this fashion. This is true. It is absolutely cor- abortions and unintended pregnancies, we in support of H.R. 2590, the Treasury and rect. However, we are not like other workers. must make family planning more accessible. Postal Appropriations Act for Fiscal Year One hundred percent of our costs, both for And, my colleagues, this important benefit 2002. I congratulate Chairman ISTOOK on his employment and office expenses, are borne has not added any cost to FEHB premiums. leadership on this bill. This bill meets our re- by the taxpayers. We also set our own sala- This is important because when first intro- quirements under the Balanced Budget Act ries, and we have no direct employer or su- duced, the two main arguments against my and properly provides for critical operations of pervisor, except the public in the collective. provision were that covering contraceptives the Treasury Department and other important Few workers in this country enjoy such cir- would add prohibitive cost to FEHB plans, and agencies. cumstances. We have the luxury through our discriminate against religious providers. I also want to thank the Subcommittee, in own action, or in this case inaction, to alter the Neither of those charges have proven to be particular, for including a requirement that I re- amount of money we earn. Given that, I be- true. This benefit has not added any cost to quested to prevent federal government lieve a substantive vote on the COLA is the FEHB premiums. websites from collecting personal information appropriate way to handle the annual in- Since the provision’s inception, the OPM on citizens who access federal websites and creases. Nevertheless, it does not appear that has not received any complaints about the doing so without the knowledge of the person my views are likely to prevail on this issue, al- provision from either beneficiaries, health pro- visiting the site. This is an important policy for though I will continue to promote a direct vote. fessionals, or participating health plans. And our government—it is a policy that makes Mr. Chairman, I am not opposed to the this year’s bill continues to respect the rights clear that we will lead by example when it COLA itself. I believe that Members can justify of religious organizations and individual pro- comes to protecting peoples’ privacy on the a 3.4 percent increase in their wages, but I viders. web. also believe that the taxpayers who pay our These protections are identical to those that Mr. Chairman, last year I added a provision salaries have a right to ask for that justifica- passed by the House in 1999. Let me summa- to the Treasury, Postal Service and General tion. In order to do so, however, they must be rize what the religious exemption in the bill Government Appropriations bill to prohibit fed- able to understand the House’s action relative right now provides. eral agencies funded under this bill from using to its compensation. Two plans identified by OPM as religious funds to monitor and collect personally identifi- I am not here to criticize or demean the providers are explicitly excluded from the re- able information from the public who access hard work of the good people with whom I quirement to cover contraceptives, and any government websites. Unfortunately, the pre- serve in this body. Nor do I wish to disparage other plan that is religious is given the oppor- vious Administration chose to ignore this law the views of those who disagree with me. I tunity to opt out. and allowed federal websites to continue to have a personal sense of propriety that we Furthermore, individual providers are ex- use tracking software to gather personal infor- should be doing this publicly. I am making it empted from having to provide contraceptive mation from citizens who visit the website of clear to my constituents that Congress is in- services if it is contrary to their own religious federal agencies. deed voting to raise our salary. beliefs or moral convictions. Even more disturbing, this past April a sum- Mrs. LOWEY. Mr. Chairman. I want to com- I believe that Americans want us to look for mary report by the Inspector Generals of each mend Chairman ISTOOK and Ranking Member ways—as we did with contraceptive cov- federal agency found that 64 federal websites HOYER for their hard work on this bill. I also erage—to work together, to find common are still using unauthorized tracking software, want to thank members of the Appropriations ground. Increasing access to family planning despite our direction to do otherwise. Committee for supporting the reinstatement of is one way we can do that. What that means to the average citizen is my provision to provide contraceptive cov- This is a good provision and I thank my col- that our government could be creating a data- erage to America’s federal employees. leagues for continuing to support it. base that would know about your visit to the

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\CR\FM\K25JY7.046 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4563 IRS website and what you looked at there, maintenance, repairs, and improvements of, of the Department’s offices, bureaus, and your visit to the NIH website where you may and purchase of commercial insurance poli- other organizations: Provided further, That have looked up information on a personal cies for, real properties leased or owned over- this transfer authority shall be in addition seas, when necessary for the performance of to any other transfer authority provided in health matter, or that your child visited the official business; not to exceed $3,500,000 for this Act. website of the Drug Czar’s office to do a re- official travel expenses; not to exceed FINANCIAL CRIMES ENFORCEMENT NETWORK port on the dangers of drug abuse. Do we $3,813,000, to remain available until expended SALARIES AND EXPENSES really want to allow the government to keep for information technology modernization For necessary expenses of the Financial requirements; not to exceed $150,000 for offi- that information about you and do so without Crimes Enforcement Network, including hire cial reception and representation expenses; your knowledge? The answer is clearly no. of passenger motor vehicles; travel expenses not to exceed $258,000 for unforeseen emer- Given the fact that my previous efforts have of non-Federal law enforcement personnel to gencies of a confidential nature, to be allo- gone largely ignored, this year I expanded the attend meetings concerned with financial in- cated and expended under the direction of provision to apply government-wide to all fed- telligence activities, law enforcement, and the Secretary of the Treasury and to be ac- financial regulation; not to exceed $14,000 for eral agency websites. counted for solely on his certificate, official reception and representation ex- Mr. Chairman, the federal government has a $174,219,000: Provided, That of these amounts penses; and for assistance to Federal law en- responsibility to set the standard for privacy $2,900,000 is available for grants to State and forcement agencies, with or without reim- protection in the information age. Federal local law enforcement groups to help fight bursement, $45,837,000, of which not to exceed money laundering. websites are fast becoming a primary source $3,400,000 shall remain available until Sep- of information for the public and that’s an ex- DEPARTMENT-WIDE SYSTEMS AND CAPITAL tember 30, 2004; and of which $7,790,000 shall cellent development. Now, it is essential that INVESTMENTS PROGRAMS remain available until September 30, 2003: we not allow the public to lose confidence in (INCLUDING TRANSFER OF FUNDS) Provided, That funds appropriated in this ac- the Internet or their taxpayer funded federal For development and acquisition of auto- count may be used to procure personal serv- websites. These websites were designed to matic data processing equipment, software, ices contracts. serve the public—they were not designed for and services for the Department of the COUNTERTERRORISM FUND the government to secretly collect personal in- Treasury, $68,828,000, to remain available For necessary expenses, as determined by formation and track our movements on the until expended: Provided, That these funds the Secretary, $36,879,000, to remain avail- Internet. shall be transferred to accounts and in able until expended, to reimburse any De- amounts as necessary to satisfy the require- Mr. Chairman, we must ensure that if you partment of the Treasury organization for ments of the Department’s offices, bureaus, the costs of providing support to counter, in- visit a federal government website, both our and other organizations: Provided further, vestigate, or prosecute unexpected threats or tax dollars and our privacy are protected. With That this transfer authority shall be in addi- acts of terrorism, including payment of re- this prohibition in place, we do just that. tion to any other transfer authority provided wards in connection with these activities: Again, my thanks to Chairman ISTOOK for in this Act: Provided further, That none of Provided, That use of such funds shall be sub- his help and leadership on this issue. I urge the funds appropriated shall be used to sup- ject to prior notification of the Committees support of the bill. port or supplement the Internal Revenue on Appropriations in accordance with guide- Mr. HOYER. Mr. Chairman, I have no Service appropriations for Information Sys- lines for reprogramming and transfer of further requests for time, and I yield tems. funds. back the balance of my time. OFFICE OF INSPECTOR GENERAL FEDERAL LAW ENFORCEMENT TRAINING Mr. ISTOOK. Mr. Chairman, I have SALARIES AND EXPENSES CENTER no further requests for time, and I For necessary expenses of the Office of In- SALARIES AND EXPENSES yield back the remainder of my time. spector General in carrying out the provi- For necessary expenses of the Federal Law The CHAIRMAN. All time for general sions of the Inspector General Act of 1978, as Enforcement Training Center, as a bureau of debate has expired. amended, not to exceed $2,000,000 for official the Department of the Treasury, including materials and support costs of Federal law Pursuant to the rule, the bill shall be travel expenses, including hire of passenger motor vehicles; and not to exceed $100,000 for enforcement basic training; purchase (not to considered for amendment under the 5- unforeseen emergencies of a confidential na- exceed 52 for police-type use, without regard minute rule and the amendments print- ture, to be allocated and expended under the to the general purchase price limitation) and ed in House Report 107–158 are adopted. direction of the Inspector General of the hire of passenger motor vehicles; for ex- The amendment printed in the CON- Treasury, $35,508,000. penses for student athletic and related ac- GRESSIONAL RECORD and numbered 5 TREASURY INSPECTOR GENERAL FOR TAX tivities; uniforms without regard to the gen- may be offered only by the gentleman ADMINISTRATION eral purchase price limitation for the cur- rent fiscal year; the conducting of and par- from New Jersey (Mr. SMITH) or his SALARIES AND EXPENSES ticipating in firearms matches and presen- designee, and only at the appropriate For necessary expenses of the Treasury In- tation of awards; for public awareness and point in the reading of the bill. spector General for Tax Administration in enhancing community support of law en- During consideration of the bill for carrying out the Inspector General Act of forcement training; not to exceed $11,500 for amendment, the Chair may accord pri- 1978, as amended, including purchase (not to official reception and representation ex- ority in recognition to a Member offer- exceed 150 for replacement only for police- penses; room and board for student interns; ing an amendment that he has printed type use) and hire of passenger motor vehi- and services as authorized by 5 U.S.C. 3109, cles (31 U.S.C. 1343(b)); services authorized by in the designated place in the CONGRES- $102,132,000, of which $650,000 shall be avail- 5 U.S.C. 3109, at such rates as may be deter- able for an interagency effort to establish SIONAL RECORD. Those amendments mined by the Inspector General for Tax Ad- written standards on accreditation of Fed- will be considered read. ministration; not to exceed $6,000,000 for offi- eral law enforcement training; and of which The Clerk will read. cial travel expenses; and not to exceed up to $17,166,000 for materials and support The Clerk read as follows: $500,000 for unforeseen emergencies of a con- costs of Federal law enforcement basic train- H.R. 2590 fidential nature, to be allocated and ex- ing shall remain available until September Be it enacted by the Senate and House of Rep- pended under the direction of the Inspector 30, 2004: Provided, That the Center is author- resentatives of the United States of America in General for Tax Administration, $123,474,000. ized to accept and use gifts of property, both Congress assembled, That the following sums TREASURY BUILDING AND ANNEX REPAIR AND real and personal, and to accept services, for are appropriated, out of any money in the RESTORATION authorized purposes, including funding of a Treasury not otherwise appropriated, for the For the repair, alteration, and improve- gift of intrinsic value which shall be awarded Treasury Department, the United States ment of the Treasury Building and Annex, annually by the Director of the Center to the Postal Service, the Executive Office of the $30,932,000, to remain available until ex- outstanding student who graduated from a President, and certain Independent Agencies pended. basic training program at the Center during for the fiscal year ending September 30, 2002, the previous fiscal year, which shall be fund- EXPANDED ACCESS TO FINANCIAL SERVICES and for other purposes, namely: ed only by gifts received through the Cen- (INCLUDING TRANSFER OF FUNDS) TITLE I—DEPARTMENT OF THE ter’s gift authority: Provided further, That TREASURY To develop and implement programs to ex- notwithstanding any other provision of law, pand access to financial services for low- and students attending training at any Federal DEPARTMENTAL OFFICES moderate-income individuals, $10,000,000, Law Enforcement Training Center site shall SALARIES AND EXPENSES such funds to become available upon author- reside in on-Center or Center-provided hous- For necessary expenses of the Depart- ization of this program as provided by law ing, insofar as available and in accordance mental Offices including operation and and to remain available until expended: Pro- with Center policy: Provided further, That maintenance of the Treasury Building and vided, That of these funds, such sums as may funds appropriated in this account shall be Annex; hire of passenger motor vehicles; be necessary may be transferred to accounts available, at the discretion of the Director,

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.026 pfrm01 PsN: H25PT1 H4564 CONGRESSIONAL RECORD — HOUSE July 25, 2001 for the following: training United States bursement, including training in connection of which not less than $200,000 shall be avail- Postal Service law enforcement personnel with the training and acquisition of canines able for Project Alert; not to exceed and Postal police officers; State and local for explosives and fire accelerants detection; $5,000,000 shall be available until expended government law enforcement training on a not to exceed $50,000 for cooperative research for conducting special operations pursuant space-available basis; training of foreign law and development programs for Laboratory to 19 U.S.C. 2081; not to exceed $8,000,000 shall enforcement officials on a space-available Services and Fire Research Center activities; be available until expended for the procure- basis with reimbursement of actual costs to and provision of laboratory assistance to ment of automation infrastructure items, in- this appropriation, except that reimburse- State and local agencies, with or without re- cluding hardware, software, and installation; ment may be waived by the Secretary for imbursement, $816,816,000, of which not to ex- not to exceed $30,000,000 shall be available law enforcement training activities in for- ceed $1,000,000 shall be available for the pay- until expended for the procurement and de- eign countries undertaken pursuant to sec- ment of attorneys’ fees as provided by 18 ployment of non-intrusive inspection tech- tion 801 of the Antiterrorism and Effective U.S.C. 924(d)(2); of which not more than nology; and not to exceed $5,000,000 shall be Death Penalty Act of 1996, Public Law 104–32; $10,000,000 shall remain available until Sep- available until expended for repairs to Cus- training of private sector security officials tember 30, 2003, for Gang Resistance Edu- toms facilities: Provided, That uniforms may on a space-available basis with reimburse- cation and Training grants; of which up to be purchased without regard to the general ment of actual costs to this appropriation; $2,000,000 shall be available for the equipping purchase price limitation for the current fis- and travel expenses of non-Federal personnel of any vessel, vehicle, equipment, or aircraft cal year: Provided further, That notwith- to attend course development meetings and available for official use by a State or local standing any other provision of law, the fis- training sponsored by the Center: Provided law enforcement agency if the conveyance cal year aggregate overtime limitation pre- further, That the Center is authorized to ob- will be used in joint law enforcement oper- scribed in subsection 5(c)(1) of the Act of ligate funds in anticipation of reimburse- ations with the Bureau of Alcohol, Tobacco February 13, 1911 (19 U.S.C. 261 and 267) shall ments from agencies receiving training spon- and Firearms and for the payment of over- be $30,000. sored by the Federal Law Enforcement time salaries including Social Security and HARBOR MAINTENANCE FEE COLLECTION Medicare, travel, fuel, training, equipment, Training Center, except that total obliga- (INCLUDING TRANSFER OF FUNDS) tions at the end of the fiscal year shall not supplies, and other similar costs of State and For administrative expenses related to the exceed total budgetary resources available local law enforcement personnel, including collection of the Harbor Maintenance Fee, at the end of the fiscal year: Provided further, sworn officers and support personnel, that pursuant to Public Law 103–182, $2,993,000, to That the Federal Law Enforcement Training are incurred in joint operations with the Bu- be derived from the Harbor Maintenance Center is authorized to provide training for reau of Alcohol, Tobacco and Firearms: Pro- Trust Fund and to be transferred to and the Gang Resistance Education and Training vided, That no funds made available by this merged with the Customs ‘‘Salaries and Ex- program to Federal and non-Federal per- or any other Act may be used to transfer the penses’’ account for such purposes. sonnel at any facility in partnership with functions, missions, or activities of the Bu- the Bureau of Alcohol, Tobacco and Fire- reau of Alcohol, Tobacco and Firearms to OPERATION, MAINTENANCE AND PROCUREMENT, arms: Provided further, That the Federal Law other agencies or Departments in fiscal year AIR AND MARINE INTERDICTION PROGRAMS Enforcement Training Center is authorized 2002: Provided further, That no funds appro- For expenses, not otherwise provided for, to provide short-term medical services for priated herein shall be available for salaries necessary for the operation and maintenance students undergoing training at the Center. or administrative expenses in connection of marine vessels, aircraft, and other related with consolidating or centralizing, within ACQUISITION, CONSTRUCTION, IMPROVEMENTS, equipment of the Air and Marine Programs, the Department of the Treasury, the records, AND RELATED EXPENSES including operational training and mission- or any portion thereof, of acquisition and related travel, and rental payments for fa- For expansion of the Federal Law Enforce- disposition of firearms maintained by Fed- cilities occupied by the air or marine inter- ment Training Center, for acquisition of nec- eral firearms licensees: Provided further, diction and demand reduction programs, the essary additional real property and facili- That no funds appropriated herein shall be operations of which include the following: ties, and for ongoing maintenance, facility used to pay administrative expenses or the the interdiction of narcotics and other improvements, and related expenses, compensation of any officer or employee of goods; the provision of support to Customs $27,534,000, to remain available until ex- the United States to implement an amend- and other Federal, State, and local agencies pended. ment or amendments to 27 CFR 178.118 or to in the enforcement or administration of laws INTERAGENCY LAW ENFORCEMENT change the definition of ‘‘Curios or relics’’ in enforced by the Customs Service; and, at the INTERAGENCY CRIME AND DRUG ENFORCEMENT 27 CFR 178.11 or remove any item from ATF discretion of the Commissioner of Customs, For expenses necessary to conduct inves- Publication 5300.11 as it existed on January the provision of assistance to Federal, State, tigations and convict offenders involved in 1, 1994: Provided further, That none of the and local agencies in other law enforcement organized crime drug trafficking, including funds appropriated herein shall be available and emergency humanitarian efforts, cooperative efforts with State and local law to investigate or act upon applications for $181,860,000, which shall remain available enforcement, as it relates to the Treasury relief from Federal firearms disabilities until expended: Provided, That no aircraft or Department law enforcement violations such under 18 U.S.C. 925(c): Provided further, That other related equipment, with the exception as money laundering, violent crime, and such funds shall be available to investigate of aircraft which is one of a kind and has smuggling, $107,576,000, of which $7,827,000 and act upon applications filed by corpora- been identified as excess to Customs require- shall remain available until expended. tions for relief from Federal firearms disabil- ments and aircraft which has been damaged ities under 18 U.S.C. 925(c): Provided further, FINANCIAL MANAGEMENT SERVICE beyond repair, shall be transferred to any That no funds under this Act may be used to other Federal agency, department, or office SALARIES AND EXPENSES electronically retrieve information gathered outside of the Department of the Treasury, For necessary expenses of the Financial pursuant to 18 U.S.C. 923(g)(4) by name or during fiscal year 2002 without the prior ap- Management Service, $213,211,000, of which any personal identification code. proval of the Committees on Appropriations. not to exceed $9,220,000 shall remain avail- UNITED STATES CUSTOMS SERVICE AUTOMATION MODERNIZATION able until September 30, 2004, for information SALARIES AND EXPENSES systems modernization initiatives; and of For expenses not otherwise provided for which not to exceed $2,500 shall be available For necessary expenses of the United Customs automated systems, $427,832,000, to for official reception and representation ex- States Customs Service, including purchase remain available until expended, of which penses. and lease of motor vehicles; hire of motor ve- $5,400,000 shall be for the International Trade hicles; contracting with individuals for per- Data System, and not less than $300,000,000 BUREAU OF ALCOHOL, TOBACCO AND FIREARMS sonal services abroad; not to exceed $40,000 shall be for the development of the Auto- SALARIES AND EXPENSES for official reception and representation ex- mated Commercial Environment: Provided, For necessary expenses of the Bureau of penses; and awards of compensation to in- That none of the funds appropriated under Alcohol, Tobacco and Firearms, including formers, as authorized by any Act enforced this heading may be obligated for the Auto- purchase of not to exceed 812 vehicles for po- by the United States Customs Service, mated Commercial Environment until the lice-type use, of which 650 shall be for re- $2,056,604,000, of which such sums as become United States Customs Service prepares and placement only, and hire of passenger motor available in the Customs User Fee Account, submits to the Committees on Appropria- vehicles; hire of aircraft; services of expert except sums subject to section 13031(f)(3) of tions a plan for expenditure that: (1) meets witnesses at such rates as may be deter- the Consolidated Omnibus Budget Reconcili- the capital planning and investment control mined by the Director; for payment of per ation Act of 1985, as amended (19 U.S.C. review requirements established by the Of- diem and/or subsistence allowances to em- 58c(f)(3)), shall be derived from that Account; fice of Management and Budget, including ployees where a major investigative assign- of the total, not to exceed $150,000 shall be OMB Circular A–11, part 3; (2) complies with ment requires an employee to work 16 hours available for payment for rental space in the United States Customs Service’s Enter- or more per day or to remain overnight at connection with preclearance operations; not prise Information Systems Architecture; (3) his or her post of duty; not to exceed $20,000 to exceed $4,000,000 shall be available until complies with the acquisition rules, require- for official reception and representation ex- expended for research; of which not less than ments, guidelines, and systems acquisition penses; for training of State and local law $100,000 shall be available to promote public management practices of the Federal Gov- enforcement agencies with or without reim- awareness of the child pornography tipline; ernment; (4) is reviewed and approved by the

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.003 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4565 Customs Investment Review Board, the De- compliance research; purchase (for police- ority and allocate resources necessary to in- partment of the Treasury, and the Office of type use, not to exceed 850) and hire of pas- crease phone lines and staff to improve the Management and Budget; and (5) is reviewed senger motor vehicles (31 U.S.C. 1343(b)); and Internal Revenue Service 1–800 help line by the General Accounting Office: Provided services as authorized by 5 U.S.C. 3109, at service. further, That none of the funds appropriated such rates as may be determined by the UNITED STATES SECRET SERVICE under this heading may be obligated for the Commissioner, $3,538,347,000, of which not to SALARIES AND EXPENSES Automated Commercial Environment until exceed $1,000,000 shall remain available until For necessary expenses of the United such expenditure plan has been approved by September 30, 2004, for research. States Secret Service, including purchase of the Committees on Appropriations. EARNED INCOME TAX CREDIT COMPLIANCE not to exceed 745 vehicles for police-type use, UNITED STATES MINT INITIATIVE of which 541 are for replacement only, and UNITED STATES MINT PUBLIC ENTERPRISE FUND For funding essential earned income tax hire of passenger motor vehicles; purchase of Pursuant to section 5136 of title 31, United credit compliance and error reduction initia- American-made side-car compatible motor- States Code, the United States Mint is pro- tives pursuant to section 5702 of the Bal- cycles; hire of aircraft; training and assist- vided funding through the United States anced Budget Act of 1997 (Public Law 105–33), ance requested by State and local govern- Mint Public Enterprise Fund for costs asso- $146,000,000, of which not to exceed $10,000,000 ments, which may be provided without reim- bursement; services of expert witnesses at ciated with the production of circulating may be used to reimburse the Social Secu- such rates as may be determined by the Di- coins, numismatic coins, and protective rity Administration for the costs of imple- rector; rental of buildings in the District of services, including both operating expenses menting section 1090 of the Taxpayer Relief Columbia, and fencing, lighting, guard and capital investments. The aggregate Act of 1997. booths, and other facilities on private or INFORMATION SYSTEMS amount of new liabilities and obligations in- other property not in Government ownership curred during fiscal year 2002 under such sec- For necessary expenses of the Internal or control, as may be necessary to perform tion 5136 for circulating coinage and protec- Revenue Service for information systems protective functions; for payment of per tive service capital investments of the and telecommunications support, including diem and/or subsistence allowances to em- United States Mint shall not exceed developmental information systems and ployees where a protective assignment dur- $43,000,000. From amounts in the United operational information systems; the hire of ing the actual day or days of the visit of a States Mint Public Enterprise Fund, the Sec- passenger motor vehicles (31 U.S.C. 1343(b)); protectee require an employee to work 16 retary of the Treasury shall pay to the and services as authorized by 5 U.S.C. 3109, at hours per day or to remain overnight at his Comptroller General an amount not to ex- such rates as may be determined by the or her post of duty; the conducting of and ceed $250,000 to reimburse the Comptroller Commissioner, $1,573,065,000 which shall re- participating in firearms matches; presen- General for the cost of a study to be con- main available until September 30, 2003. tation of awards; for travel of Secret Service ducted by the Comptroller General on any BUSINESS SYSTEMS MODERNIZATION employees on protective missions without changes necessary to maximize public inter- For necessary expenses of the Internal regard to the limitations on such expendi- est and acceptance and to achieve a better Revenue Service, $391,593,000, to remain tures in this or any other Act if approval is balance in the numbers of coins of different available until September 30, 2004, for the obtained in advance from the Committees on denominations in circulation, with par- capital asset acquisition of information Appropriations; for research and develop- ticular attention to increasing the number of technology systems, including management ment; for making grants to conduct behav- $1 coins in circulation. ioral research in support of protective re- and related contractual costs of said acquisi- search and operations; not to exceed $25,000 BUREAU OF THE PUBLIC DEBT tions, including contractual costs associated for official reception and representation ex- ADMINISTERING THE PUBLIC DEBT with operations authorized by 5 U.S.C. 3109: penses; not to exceed $100,000 to provide tech- That none of these funds may be For necessary expenses connected with any Provided, nical assistance and equipment to foreign public-debt issues of the United States, obligated until the Internal Revenue Service law enforcement organizations in counterfeit $192,327,000, of which not to exceed $15,000 submits to the Committees on Appropria- investigations; for payment in advance for shall be available for official reception and tions, and such Committees approve, a plan commercial accommodations as may be nec- representation expenses, and of which not to for expenditure that (1) meets the capital essary to perform protective functions; and exceed $2,000,000 shall remain available until planning and investment control review re- for uniforms without regard to the general expended for systems modernization: Pro- quirements established by the Office of Man- purchase price limitation for the current fis- vided, That the sum appropriated herein agement and Budget, including Circular A–11 cal year, $920,112,000, of which $2,139,000 shall from the General Fund for fiscal year 2002 part 3; (2) complies with the Internal Rev- be available as a grant for activities related shall be reduced by not more than $4,400,000 enue Service’s enterprise architecture, in- to the investigations of exploited children as definitive security issue fees and Treasury cluding the modernization blueprint; (3) con- and shall remain available until expended: Direct Investor Account Maintenance fees forms with the Internal Revenue Service’s Provided, That up to $18,000,000 provided for are collected, so as to result in a final fiscal enterprise life cycle methodology; (4) is ap- protective travel shall remain available year 2002 appropriation from the General proved by the Internal Revenue Service, the until September 30, 2003. Fund estimated at $187,927,000. In addition, Department of the Treasury, and the Office ACQUISITION, CONSTRUCTION, IMPROVEMENTS, $40,000, to be derived from the Oil Spill Li- of Management and Budget; (5) has been re- AND RELATED EXPENSES ability Trust Fund to reimburse the Bureau viewed by the General Accounting Office; For necessary expenses of construction, re- for administrative and personnel expenses and (6) complies with the acquisition rules, pair, alteration, and improvement of facili- for financial management of the Fund, as au- requirements, guidelines, and systems acqui- ties, $3,457,000, to remain available until ex- thorized by section 1012 of Public Law 101– sition management practices of the Federal pended. Government. 380. GENERAL PROVISIONS—DEPARTMENT OF THE INTERNAL REVENUE SERVICE ADMINISTRATIVE PROVISIONS—INTERNAL TREASURY REVENUE SERVICE PROCESSING, ASSISTANCE, AND MANAGEMENT SEC. 110. Any obligation or expenditure by For necessary expenses of the Internal SEC. 101. Not to exceed 5 percent of any ap- the Secretary of the Treasury in connection Revenue Service for pre-filing taxpayer as- propriation made available in this Act to the with law enforcement activities of a Federal sistance and education, filing and account Internal Revenue Service may be transferred agency or a Department of the Treasury law services, shared services support, general to any other Internal Revenue Service appro- enforcement organization in accordance with management and administration; and serv- priation upon the advance approval of the 31 U.S.C. 9703(g)(4)(B) from unobligated bal- ices as authorized by 5 U.S.C. 3109, at such Committees on Appropriations. ances remaining in the Fund on September SEC. 102. The Internal Revenue Service rates as may be determined by the Commis- 30, 2002, shall be made in compliance with re- shall maintain a training program to ensure sioner, $3,808,434,000 of which up to $3,950,000 programming guidelines. that Internal Revenue Service employees are shall be for the Tax Counseling for the Elder- SEC. 111. Appropriations to the Department trained in taxpayers’ rights, in dealing cour- ly Program, and of which not to exceed of the Treasury in this Act shall be available teously with the taxpayers, and in cross-cul- $25,000 shall be for official reception and rep- for uniforms or allowances therefor, as au- tural relations. resentation expenses. thorized by law (5 U.S.C. 5901), including SEC. 103. The Internal Revenue Service maintenance, repairs, and cleaning; purchase TAX LAW ENFORCEMENT shall institute and enforce policies and pro- of insurance for official motor vehicles oper- For necessary expenses of the Internal cedures that will safeguard the confiden- ated in foreign countries; purchase of motor Revenue Service for determining and estab- tiality of taxpayer information. vehicles without regard to the general pur- lishing tax liabilities; providing litigation SEC. 104. Funds made available by this or chase price limitations for vehicles pur- support; conducting criminal investigation any other Act to the Internal Revenue Serv- chased and used overseas for the current fis- and enforcement activities; securing unfiled ice shall be available for improved facilities cal year; entering into contracts with the tax returns; collecting unpaid accounts; con- and increased manpower to provide suffi- Department of State for the furnishing of ducting a document matching program; re- cient and effective 1–800 help line service for health and medical services to employees solving taxpayer problems through prompt taxpayers. The Commissioner shall continue and their dependents serving in foreign coun- identification, referral and settlement; com- to make the improvement of the Internal tries; and services authorized by 5 U.S.C. piling statistics of income and conducting Revenue Service 1–800 help line service a pri- 3109.

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.003 pfrm01 PsN: H25PT1 H4566 CONGRESSIONAL RECORD — HOUSE July 25, 2001 SEC. 112. The funds provided to the Bureau the Senate Committee on Banking, Housing, the kings of finance. That is all this is of Alcohol, Tobacco and Firearms for fiscal and Urban Affairs. about. year 2002 in this Act for the enforcement of This title may be cited as the ‘‘Treasury Well, we have other things to do in the Federal Alcohol Administration Act Department Appropriations Act, 2002’’. this Congress. We know that the ad- shall be expended in a manner so as not to Mr. ISTOOK (during the reading). Mr. ministration has a doublethink on the diminish enforcement efforts with respect to Chairman, I ask unanimous consent section 105 of the Federal Alcohol Adminis- size of the Social Security financial tration Act. that the bill through title I be consid- problem. The administration’s tax cut SEC. 113. Not to exceed 2 percent of any ap- ered as read, printed in the RECORD, would reduce revenue by about the propriations in this Act made available to and open to amendment at any point. same amount of the shortfall between the Federal Law Enforcement Training Cen- The CHAIRMAN. Is there objection Social Security obligations and reve- ter, Financial Crimes Enforcement Network, to the request of the gentleman from nues. The administration considers the Bureau of Alcohol, Tobacco and Firearms, Oklahoma? tax cut ‘‘quite modest.’’ Says Paul United States Customs Service, Interagency There was no objection. Krugman of The New York Times, in Crime and Drug Enforcement, and United The CHAIRMAN. Are there amend- States Secret Service may be transferred be- today’s New York Times in an article tween such appropriations upon the advance ments to this portion of the bill? on the op-ed page, ‘‘If it’s a modest tax approval of the Committees on Appropria- Mr. KUCINICH. Mr. Chairman, I cut, then the sums Social Security will tions. No transfer may increase or decrease move to strike the last word. need to cover its cash shortfall are also any such appropriation by more than 2 per- Mr. Chairman, senior citizens in my modest. We’re supposed to believe that cent. district have worked hard their entire $170 billion a year is a modest sum if SEC. 114. Not to exceed 2 percent of any ap- lives and, with the help of Social Secu- propriations in this Act made available to it’s a tax cut for the affluent, but that rity, have been able to enjoy their it’s an insupportable burden on the the Departmental Offices, Office of Inspector golden years. A favorite pastime of sen- General, Treasury Inspector General for Tax budget if it’s an obligation to retirees.’’ Administration, Financial Management iors is attending card parties. Seniors He talks about the commission want- Service, and Bureau of the Public Debt, may enjoy the card playing. It can be fun ing it both ways, what George Orwell be transferred between such appropriations and challenging as a test of skill and called doublethink. That is what the upon the advance approval of the Commit- luck. Sometimes people will go from commission report is all about, Paul tees on Appropriations. No transfer may in- one card party to the other, they enjoy Krugman says. It is biased, internally crease or decrease any such appropriation by it so much. I see that as I visit my dis- inconsistent, and intellectually dis- more than 2 percent. trict. Something people do not like, SEC. 115. Not to exceed 2 percent of any ap- honest. propriation made available in this Act to the though, is when they know that cards I will be offering an amendment, Mr. Internal Revenue Service may be transferred are being played with a stacked deck, a Chairman, and that amendment would to the Treasury Inspector General for Tax game that is rigged. That is really re- establish a commission that would op- Administration’s appropriation upon the ad- pugnant to the American sense of fair- pose the privatization of Social Secu- vance approval of the Committees on Appro- ness. rity. This commission would have the priations. No transfer may increase or de- Well, in its efforts to turn Social Se- ability to protect Social Security and crease any such appropriation by more than curity over to Wall Street, the admin- stop the diversion of Social Security 2 percent. istration has stacked the deck against SEC. 116. Of the funds available for the pur- revenues to the stock market and a re- chase of law enforcement vehicles, no funds senior citizens on Social Security, be- duction of Social Security benefits. may be obligated until the Secretary of the cause the administration’s Commission This commission would be the answer Treasury certifies that the purchase by the on Social Security is stacked with the to this administration’s stacked deck, respective Treasury bureau is consistent kings of finance who want to privatize which wants to privatize Social Secu- with Departmental vehicle management Social Security so they can get money rity to take money from the seniors principles: Provided, That the Secretary may for Wall Street interests. One member and to give it to Wall Street. delegate this authority to the Assistant Sec- of the administration’s Commission on retary for Management. The truth is that Social Security is SEC. 117. None of the funds appropriated in Social Security is a former World Bank solvent through the year 2034 without this Act or otherwise available to the De- economist; another member, president any changes whatsoever, and we have partment of the Treasury or the Bureau of of the business-financed Economic Se- to defend the right of our senior citi- Engraving and Printing may be used to rede- curity 2000, favors a fully privatized zens to have a secure retirement free sign the $1 Federal Reserve note. system; another member, an invest- from the greedy hands of Wall Street SEC. 118. The Secretary of the Treasury ment company executive with Fidelity; trying to glom on to that Social Secu- may transfer funds from ‘‘Salaries and Ex- another member, AOL Time Warner penses’’, Financial Management Service, to rity Trust Fund. We need to defend So- the Debt Services Account as necessary to former chief operating officer, who, at cial Security and everything it stands cover the costs of debt collection: Provided, the same time, is involved with a for. That such amounts shall be reimbursed to Labor Department matter where the Ms. SOLIS. Mr. Chairman, I move to such Salaries and Expenses account from Labor Department has filed suit strike the last word. debt collections received in the Debt Serv- against Time Warner for denying its Mr. Chairman, I thank the gentleman ices Account. own workers health and pension bene- from Ohio for offering this amendment SEC. 119. Funds appropriated by this Act, fits. which would require the Treasury De- or made available by the transfer of funds in The deck is being stacked against our this Act, for intelligence and intelligence-re- partment to establish a commission to lated activities of the Department of the seniors. And while Wall Street’s back- oppose the privatization of Social Se- Treasury are deemed to be specifically au- ing for the commission is being made curity. thorized by the Congress for purposes of sec- known, Wall Street Journal reports on President Bush and his Commission tion 504 of the National Security Act of 1947 June 12 of the year 2001, a range of fi- on Social Security are using scare tac- (50 U.S.C. 414) during fiscal year 2002 until nancial service firms are pooling their tics and misleading claims to sell their enactment of the Intelligence Authorization efforts and millions of dollars for ad- privatization plan to American women. Act for fiscal year 2002. vertising to assist in privatization. But Privatizing Social Security will only SEC. 120. Section 122 of Public Law 105–119 (5 U.S.C. 3104 note), as amended by Public the ad dollars, the Wall Street Journal hurt women, who rely most heavily on Law 105–277, is further amended in sub- goes on to say, are a pittance compared Social Security for their retirement. section (g)(1), by striking ‘‘three years’’ and to the billions of dollars at stake for The President’s commission would inserting ‘‘four years’’; and by striking ‘‘, the Wall Street should Mr. Bush achieve have us believe that women would be United States Customs Service, and the his goal of carving private accounts better off giving up their guaranteed United States Secret Service’’. from Social Security. To help build its lifetime benefits for a risky private ac- SEC. 121. None of the funds appropriated or own war chest, the coalition will hold a count. But we cannot afford to gamble otherwise made available by this or any luncheon at New York’s Windows on the security and independence of our other Act may be used by the United States Mint to construct or operate a museum at the World atop the World Trade Center. seniors on an uncertain stock market, its National Headquarters in Washington, The deck is stacked against the peo- which is just too risky. Women rely on D.C., without the explicit approval of the ple of this country. Social Security is Social Security in their senior years House Committee on Financial Services and headed to the stock market to benefit because they tend to earn less and live

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.003 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4567 longer than men. They are also less level and changed that to a situation they are profits within the company, likely than men to have private pen- where virtually no retirees, no elderly thereby enhancing the compensation of sions through their employers. And people are living in poverty thanks to executives for the company and mak- women often spend less time in the the stability and the security in Social ing it appear as if the company is actu- workforce, taking almost up to 111⁄2 Security. ally stronger than it is. That is wrong, years out of their careers to care for Now, the estimate that says that So- and the private pension plans ought their families. cial Security will begin running out of not to be used in that way. Do my colleagues know that in my funds around 2016, of course, is just So Social Security is in no trouble. own district about 58 percent of the that. It is an estimate. It is based upon Let us leave it. If we want to do some- Latina elderly women live alone and numbers that are made up. It is projec- thing for retirees, we can set up an live in poverty? We should be concen- tions based upon those made-up num- independent plan. trating on how we can improve Social bers. If we used a different set of num- AMENDMENT NO. 4 OFFERED BY MR. KUCINICH Security benefits to reduce this deplor- bers, of course, we would likely come Mr. KUCINICH. Mr. Chairman, I offer able level of poverty and not talking up with a different result. an amendment. about privatizing schemes that will ac- Let us try that. Let us take the num- The CHAIRMAN. The Clerk will des- tually reduce their benefits. bers that were used to justify the ignate the amendment. President’s tax cut, a tax cut which I b 1230 The text of the amendment is as fol- regard as being irresponsible, particu- lows: I urge support for the Kucinich larly in view of the fact that it gives amendment. Amendment No. 4 offered by Mr. KUCINICH: most of its benefits to the wealthiest 1 At the end of title I (before the short title), Mr. HOYER. Mr. Chairman, I move to percent of the population; but let us insert the following: strike the last word. take the numbers that were used by SEC. ll. The Secretary of Treasury shall Mr. Chairman, I want to thank the the administration to justify that tax establish a commission to oppose the privat- gentleman from Ohio (Mr. KUCINICH) cut. Under those numbers we come up ization of Social Security, the diversion of for raising this issue. There is obvi- with a very different situation. Social Security revenues to the stock mar- ously a desire to privatize Social Secu- If we were to apply those numbers to ket, and the reduction of Social Security rity by some. We, on this side, think the Social Security scenario, those benefits. that is a bad, bad mistake. more optimistic numbers, those num- Mr. ISTOOK. Mr. Chairman, I reserve There can be no more dramatic show- bers that show economic growth going a point of order against the amend- ing of why that is a mistake than to out into the future, what we find is the ment. look at the stock market into which Social Security system does not begin The CHAIRMAN. A point of order is presumably those private investments to pay out more benefits in 2016, but, reserved. would go over the last 60 days. If one rather, the Social Security system will Mr. ISTOOK. Mr. Chairman, I under- was retiring now and taking out their last with great strength and vigor until stand the gentleman from Ohio (Mr. assets, they would lose. Obviously, if at least 2075. KUCINICH) has made his presentation they had retired a year ago they may So, what does that tell us? It tells us and is prepared to have the Chair rule have won. But that is not a very secure that people are being disingenuous, on his point of order. Social Security. people are being dishonest, people are Mr. KUCINICH. Mr. Chairman, that The gentleman from Ohio (Mr. using numbers to try to create an im- is correct. KUCINICH) raises an excellent point. pression to undermine confidence in Mr. NADLER. Mr. Chairman, I am deeply This issue will be one of the most crit- Social Security where there is no jus- troubled by the way this Administration ap- ical issues that we confront in this tification whatsoever for undermining pears to tackle difficult policy questions. I fear Congress. It will be debated not only in confidence in Social Security. a pattern may be developing. the Halls of Congress but throughout The President tells us he would like The GAO is already investigating Vice this country. I thank the gentleman to have a system whereby people could President’s CHENEY’s secret meetings with en- from Ohio (Mr. KUCINICH) for raising invest in the stock market. Well, there ergy executives on federal energy policy. this issue in his usual dramatic, point- is nothing wrong with that. People, if There are questions about this Administra- ed, and effective way. they can afford it, ought to invest in tion’s faith-based office consulting with the Mr. HINCHEY. Mr. Chairman, I move the stock market. Why does the Presi- Salvation Army about allowing discrimination to strike the last word. dent not set up a program whereby this with federal funds. There are further allega- Mr. Chairman, I too would like to say government will match the funds that tions that the President’s Medicare Drug Plan a word about the proposed plan to people set aside outside of Social Secu- was done in secret consultation only with rep- begin a privatization of Social Secu- rity, independent of Social Security, resentatives from the drug companies. Now, rity. We are being told by the and have that money invested in the the Social Security Commission is looking at privatizers in the Bush administration stock market? That would be a very only one way to strengthen Social Security— and elsewhere that the Social Security good idea. It would not undermine So- they want to privatize it. system is in some jeopardy and that, in cial Security. It would leave it just as This type of one-sided look at policy ques- fact, if we do not take drastic action, it is, strong and secure, providing bene- tions is hurting the Bush Administration. Poll that the plan will begin to exhaust its fits into the future just as it was in- after poll shows that there is a growing con- funds somewhere around the year 2016. tended to do and has always done. cern that the President is too concerned with Well, 2016 under the present set of If the President were really serious powerful special interests. His Administration circumstances is the point at which So- about trying to do something to help appears to care more about energy compa- cial Security will begin to pay out people in their retirement years, I have nies and drug companies, than about con- more than it is taking in. But even at an idea for him. Here is what we ought sumers and seniors who need to buy prescrip- that moment it will have a surplus to do. He ought to send to this Con- tion drugs. which will be in the trillions of dollars. gress legislation which would strength- Well, today, we are offering the President The surplus today, for example, is $1.2 en the private pension plans of all the opportunity to change that perception. trillion. That is to illustrate that the American workers. We need that be- Why not balance his one-sided, unbalanced, Social Security system is in no crisis cause there are a growing number of biased, pro-prviatization Social Security Com- whatsoever. But we are being told that corporations in this country which are mission with another Commission to study the it is because the privatizers want to undermining their own pension plans, other side of the issue? Both Commissions undermine the confidence of the Amer- which are providing fewer benefits to could make recommendations, and Congress ican people in this system of Social Se- their workers in the future, taking and the President could hear from both sides curity which has provided just that away from them health insurance as of the debate before making any decisions. now for almost 70 years. well. This is entirely reasonable, and I hope this Social Security has taken a situation We need to protect those pension amendment is adopted. where more than half of the American plans. Many corporations are using The new Commission, unlike Bush’s current elderly are living under the poverty those pension plans to pretend that Commission, might be composed of people

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K25JY7.045 pfrm01 PsN: H25PT1 H4568 CONGRESSIONAL RECORD — HOUSE July 25, 2001 who have NOT advocated raising the retire- make up for the cuts in guaranteed benefits exceed $3,850,000 for services as authorized by ment age and cutting benefits. The President needed to set up the accounts. 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- penses as authorized by 3 U.S.C. 105, which should not have any problem filling the seats POINT OF ORDER shall be expended and accounted for as pro- on this Commission, because most Americans The CHAIRMAN. Does the gentleman vided in that section; hire of passenger do not support raising the retirement age or from Oklahoma (Mr. ISTOOK) insist on motor vehicles, newspapers, periodicals, tele- cutting benefits. his point of order? type news service, and travel (not to exceed The new Commission might point out many Mr. ISTOOK. Mr. Chairman, I make a $100,000 to be expended and accounted for as of the views that Bush’s Commission might point of order against the amendment provided by 3 U.S.C. 103); and not to exceed not mention. The new Commission could because it proposes to change existing $19,000 for official entertainment expenses, to study the need, feasibility, cost, fairness, and law and constitutes legislation in an be available for allocation within the Execu- risks involved in privatization. appropriation bill; and, therefore, it tive Office of the President, $54,651,000: Pro- It might conclude, as many of us do, that vided, That $10,740,000 of the funds appro- violates clause 2 of rule XXI. priated shall be available for reimburse- privatization of Social Security is not nec- That rule states in pertinent part: ments to the White House Communications essary, not workable, not cheap, not fair, and ‘‘An amendment to a general appro- Agency. not worth the risk. priation bill shall not be in order if EXECUTIVE RESIDENCE AT THE WHITE HOUSE Let me briefly explain these shortfalls. changing existing law.’’ First, privatization is not necessary. The So- This amendment gives affirmative di- OPERATING EXPENSES cial Security Trustees predict a system that is rection, in effect, and I ask for a ruling For the care, maintenance, repair and al- teration, refurnishing, improvement, heat- solvent for 37 years and may in fact be sol- from the Chair. ing, and lighting, including electric power vent as far as the eye can see. The CHAIRMAN. Does the gentleman and fixtures, of the Executive Residence at Second, the Trustees predictions are pessi- wish to be recognized on the point of the White House and official entertainment mistic, and have had to be revised every year. order? expenses of the President, $11,695,000, to be Third, the Trustees pessimistic predictions Mr. KUCINICH. Mr. Chairman, I have expended and accounted for as provided by 3 are unreliable because they don’t take into ac- made my point. U.S.C. 105, 109, 110, and 112–114. count the affect of the predicted long term The CHAIRMAN. The Chair is pre- REIMBURSABLE EXPENSES labor shortage on wages, productivity, unem- pared to rule. For the reimbursable expenses of the Exec- ployment, or immigration policy. The Chair finds that the amendment utive Residence at the White House, such IT WON’T WORK imparts direction to the executive. As sums as may be necessary: Provided, That all (1) Privatization does not restore solvency such, it is legislation in violation of reimbursable operating expenses of the Exec- clause 2(c) of rule XXI. utive Residence shall be made in accordance to the system—simply diverting 2% of payroll with the provisions of this paragraph: Pro- to individual accounts simply makes the fund- The point of order is sustained. The Clerk will read. vided further, That, notwithstanding any ing problem worse. It hastens the insolvency The Clerk read as follows: other provision of law, such amount for re- of the system. imbursable operating expenses shall be the TITLE II—POSTAL SERVICE (2) Privatization plans that claim to restore exclusive authority of the Executive Resi- solvency to Social Security, only do so be- PAYMENT TO THE POSTAL SERVICE FUND dence to incur obligations and to receive off- cause they also cut guaranteed benefits, in- For payment to the Postal Service Fund setting collections, for such expenses: Pro- crease the retirement age, or create huge defi- for revenue forgone on free and reduced rate vided further, That the Executive Residence mail, pursuant to subsections (c) and (d) of shall require each person sponsoring a reim- cits in the non-social security federal budget. section 2401 of title 39, United States Code, bursable political event to pay in advance an Cutting benefits, raising the retirement age, or $76,619,000, of which $47,619,000 shall not be amount equal to the estimated cost of the adding general fund revenues can make the available for obligation until October 1, 2002: event, and all such advance payments shall system solvent with or without the private ac- Provided, That mail for overseas voting and be credited to this account and remain avail- counts. mail for the blind shall continue to be free: able until expended: Provided further, That THE TRANSITION COSTS TOO MUCH Provided further, That 6-day delivery and the Executive Residence shall require the na- rural delivery of mail shall continue at not (1) The transition costs to a private system tional committee of the political party of less than the 1983 level: Provided further, the President to maintain on deposit $25,000, are enormous. Furthermore, $1.3 trillion of the That none of the funds made available to the to be separately accounted for and available surplus is no longer available to finance the Postal Service by this Act shall be used to for expenses relating to reimbursable polit- transition because of the tax cut. implement any rule, regulation, or policy of ical events sponsored by such committee (2) There are enormous administrative costs charging any officer or employee of any during such fiscal year: Provided further, to setting up millions of small investment ac- State or local child support enforcement That the Executive Residence shall ensure counts. Why not simply put that money into agency, or any individual participating in a that a written notice of any amount owed for Social Security directly to make the system State or local program of child support en- a reimbursable operating expense under this forcement, a fee for information requested or more solvent? paragraph is submitted to the person owing provided concerning an address of a postal such amount within 60 days after such ex- IT IS UNFAIR customer: Provided further, That none of the pense is incurred, and that such amount is (1) Under privatization the rich will earn funds provided in this Act shall be used to collected within 30 days after the submission more than the poor in their private accounts. consolidate or close small rural and other of such notice: Provided further, That the Ex- Two percent of $70,000 is much more than small post offices in fiscal year 2002. ecutive Residence shall charge interest and two percent of $20,000. This will increase the This title may be cited as the ‘‘Postal assess penalties and other charges on any Service Appropriations Act, 2002’’. disparity in the system. such amount that is not reimbursed within such 30 days, in accordance with the interest (2) Privatization hurts women—who gen- TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPRO- and penalty provisions applicable to an out- erally earn less, live longer, and take time out PRIATED TO THE PRESIDENT standing debt on a United States Govern- from the paid workforce to care for children. COMPENSATION OF THE PRESIDENT AND THE ment claim under section 3717 of title 31, (3) Privatization (diverting funds to private WHITE HOUSE OFFICE United States Code: Provided further, That each such amount that is reimbursed, and accounts) may jeopardize existing survivor COMPENSATION OF THE PRESIDENT any accompanying interest and charges, and disability payments—putting children and For compensation of the President, includ- those with disabilities at risk. shall be deposited in the Treasury as mis- ing an expense allowance at the rate of cellaneous receipts: Provided further, That IT IS EITHER RISKY OR WILL NOT PRODUCE MAJOR GAINS $50,000 per year as authorized by 3 U.S.C. 102, the Executive Residence shall prepare and (1) Investing in the stock market is riskier $450,000: Provided, That none of the funds submit to the Committees on Appropria- than investing in bonds. As a result of the risk, made available for official expenses shall be tions, by not later than 90 days after the end the potential for gains is higher, but the poten- expended for any other purpose and any un- of the fiscal year covered by this Act, a re- used amount shall revert to the Treasury tial for losses is higher as well. So, privatiza- port setting forth the reimbursable oper- pursuant to section 1552 of title 31, United ating expenses of the Executive Residence tion could leave millions in poverty—is that a States Code: Provided further, That none of risk we are willing to take? during the preceding fiscal year, including the funds made available for official ex- the total amount of such expenses, the (2) If you want to minimize the risk of peo- penses shall be considered as taxable to the amount of such total that consists of reim- ple ending up poor, you could limit their in- President. bursable official and ceremonial events, the vestments in lower risk stocks or mutual SALARIES AND EXPENSES amount of such total that consists of reim- funds. Fine, but then the rate of return is For necessary expenses for the White bursable political events, and the portion of smaller, and the accounts are less likely to House as authorized by law, including not to each such amount that has been reimbursed

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.027 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4569 as of the date of the report: Provided further, $4,475,000 of the Capital Investment Plan these estimates to the House Committee on That the Executive Residence shall maintain funds may not be obligated until the Execu- Appropriations and the House Committee on a system for the tracking of expenses related tive Office of the President has submitted a Small Business prior to the submission of to reimbursable events within the Executive report to the House Committee on Appro- the President’s fiscal year 2003 budget. Residence that includes a standard for the priations that (1) includes an Enterprise Ar- OFFICE OF NATIONAL DRUG CONTROL POLICY classification of any such expense as polit- chitecture, as defined in OMB Circular A–130 ical or nonpolitical: Provided further, That no and the Federal Chief Information Officers SALARIES AND EXPENSES provision of this paragraph may be construed Council guidance; (2) presents an Informa- (INCLUDING TRANSFER OF FUNDS) to exempt the Executive Residence from any tion Technology (IT) Human Capital Plan, to For necessary expenses of the Office of Na- other applicable requirement of subchapter I include an inventory of current IT workforce tional Drug Control Policy; for research ac- or II of chapter 37 of title 31, United States knowledge and skills, a definition of needed tivities pursuant to the Office of National Code. IT knowledge and skills, a gap analysis of Drug Control Policy Reauthorization Act of any shortfalls, and a plan for addressing any WHITE HOUSE REPAIR AND RESTORATION 1998 (21 U.S.C. 1701 et seq.); not to exceed shortfalls; (3) presents a capital investment $12,000 for official reception and representa- For the repair, alteration, and improve- plan for implementing the Enterprise Archi- ment of the Executive Residence at the tion expenses; and for participation in joint tecture; (4) includes a description of the IT projects or in the provision of services on White House, $8,625,000, to remain available capital planning and investment control matters of mutual interest with nonprofit, until expanded, of which $1,306,000 is for 6 process; and (5) is reviewed and approved by research, or public organizations or agencies, projects for required maintenance, safety the Office of Management and Budget, is re- with or without reimbursement, $25,267,000; and health issues, and continued preventa- viewed by the General Accounting Office, of which $2,350,000 shall remain available tive maintenance; and of which $7,319,000 is and is approved by the House Committee on until expended, consisting of $1,350,000 for for 3 projects for required maintenance and Appropriations. continued preventative maintenance in con- policy research and evaluation, and $1,000,000 OFFICE OF MANAGEMENT AND BUDGET junction with the General Services Adminis- for the National Alliance for Model State tration, the Secret Service, the Office of the SALARIES AND EXPENSES Drug Laws: Provided, That the Office is au- President, and other agencies charged with For necessary expenses of the Office of thorized to accept, hold, administer, and uti- the administration and care of the White Management and Budget, including hire of lize gifts, both real and personal, public and House. passenger motor vehicles and services as au- private, without fiscal year limitation, for thorized by 5 U.S.C. 3109, $70,752,000, of which the purpose of aiding or facilitating the work SPECIAL ASSISTANCE TO THE PRESIDENT AND not to exceed $5,000,000 shall be available to of the Office. THE OFFICIAL RESIDENCE OF THE VICE carry out the provisions of chapter 35 of title PRESIDENT COUNTERDRUG TECHNOLOGY ASSESSMENT 44, United States Code, and of which not to CENTER SALARIES AND EXPENSES exceed $3,000 shall be available for official For necessary expenses to enable the Vice representation expenses: Provided, That, as (INCLUDING TRANSFER OF FUNDS) President to provide assistance to the Presi- provided in 31 U.S.C. 1301(a), appropriations For necessary expenses for the dent in connection with specially assigned shall be applied only to the objects for which Counterdrug Technology Assessment Center functions; services as authorized by 5 U.S.C. appropriations were made except as other- for research activities pursuant to the Office 3109 and 3 U.S.C. 106, including subsistence wise provided by law: Provided further, That of National Drug Control Policy Reauthor- expenses as authorized by 3 U.S.C. 106, which none of the funds appropriated in this Act ization Act of 1998 (21 U.S.C. 1701 et seq.), shall be expended and accounted for as pro- for the Office of Management and Budget $40,000,000, which shall remain available vided in that section; and hire of passenger may be used for the purpose of reviewing any until expended, consisting of $17,764,000 for motor vehicles, $3,925,000. agricultural marketing orders or any activi- counternarcotics research and development OPERATING EXPENSES ties or regulations under the provisions of projects, and $22,236,000 for the continued op- (INCLUDING TRANSFER OF FUNDS) the Agricultural Marketing Agreement Act eration of the technology transfer program: of 1937 (7 U.S.C. 601 et seq.): Provided further, Provided, That the $17,764,000 for counter- For the care, operation, refurnishing, im- That none of the funds made available for narcotics research and development projects provement, and to the extent not otherwise the Office of Management and Budget by this shall be available for transfer to other Fed- provided for, heating and lighting, including Act may be expended for the altering of the eral departments or agencies. electric power and fixtures, of the official transcript of actual testimony of witnesses, residence of the Vice President; the hire of FEDERAL DRUG CONTROL PROGRAMS except for testimony of officials of the Office passenger motor vehicles; and not to exceed HIGH INTENSITY DRUG TRAFFICKING AREAS of Management and Budget, before the Com- $90,000 for official entertainment expenses of PROGRAM mittees on Appropriations or the Commit- the Vice President, to be accounted for sole- tees on Veterans’ Affairs or their sub- (INCLUDING TRANSFER OF FUNDS) ly on his certificate, $318,000: Provided, That committees: Provided further, That the pre- advances or repayments or transfers from For necessary expenses of the Office of Na- ceding shall not apply to printed hearings re- this appropriation may be made to any de- tional Drug Control Policy’s High Intensity leased by the Committees on Appropriations partment or agency for expenses of carrying Drug Trafficking Areas Program, $233,882,000 or the Committees on Veterans’ Affairs: Pro- out such activities. for drug control activities consistent with vided further, That none of the funds appro- the approved strategy for each of the des- OUNCIL OF ECONOMIC ADVISERS C priated in this Act may be available to pay ignated High Intensity Drug Trafficking SALARIES AND EXPENSES the salary or expenses of any employee of Areas, of which no less than 51 percent shall For necessary expenses of the Council of the Office of Management and Budget who be transferred to State and local entities for Economic Advisors in carrying out its func- calculates, prepares, or approves any tabular drug control activities, which shall be obli- tions under the Employment Act of 1946 (15 or other material that proposes the sub-allo- gated within 120 days of the date of the en- U.S.C. 1021), $4,211,000. cation of budget authority or outlays by the actment of this Act: Provided, That up to 49 OFFICE OF POLICY DEVELOPMENT Committees on Appropriations among their percent, to remain available until September subcommittees: Provided further, That of the 30, 2003, may be transferred to Federal agen- SALARIES AND EXPENSES amounts appropriated, not to exceed cies and departments at a rate to be deter- For necessary expenses of the Office of Pol- $6,331,000 shall be available to the Office of mined by the Director: Provided further, icy Development, including services as au- Information and Regulatory Affairs, of That, of this latter amount, not less than thorized by 5 U.S.C. 3109 and 3 U.S.C. 107, which $1,582,750 shall not be obligated until $2,100,000 shall be used for auditing services $4,142,000. the Office of Management and Budget sub- and activities: Provided further, That High NATIONAL SECURITY COUNCIL mits a report to the House Committee on Ap- Intensity Drug Trafficking Areas Programs SALARIES AND EXPENSES propriations that provides an assessment of designated as of September 30, 2001, shall be For necessary expenses of the National Se- the total costs of implementing Executive funded at fiscal year 2001 levels unless the curity Council, including services as author- Order 13166: Provided further, That the Hous- Director submits to the Committees on Ap- ized by 5 U.S.C. 3109, $7,494,000. ing, Treasury and Finance Division shall, in propriations, and the Committees approve, consultation with the Small Business Ad- justification for changes in those levels OFFICE OF ADMINISTRATION ministration, develop subsidy cost estimates based on clearly articulated priorities for SALARIES AND EXPENSES for the 7(a) General Business Loan Program the High Intensity Drug Trafficking Areas For necessary expenses of the Office of Ad- and the 504 Certified Development Company Programs, as well as published Office of Na- ministration, including services as author- loan program which track the actual default tional Drug Control Policy performance ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire experience in those programs since the im- measures of effectiveness. of passenger motor vehicles, $46,955,000, of plementation of the Credit Reform Act of SPECIAL FORFEITURE FUND which $11,775,000 shall remain available until 1992: Provided further, That these subsidy es- expended for the Capital Investment Plan for timates shall be included in the President’s (INCLUDING TRANSFER OF FUNDS) continued modernization of the information fiscal year 2003 budget submission and the For activities to support a national anti- technology infrastructure within the Execu- Office of Management and Budget shall re- drug campaign for youth, and other pur- tive Office of the President: Provided, That port on the progress of the development of poses, authorized by 21 U.S.C. 1701 et seq.,

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.005 pfrm01 PsN: H25PT1 H4570 CONGRESSIONAL RECORD — HOUSE July 25, 2001 $238,600,000, to remain available until ex- half of myself and the ranking member, Office of the President. It does a con- pended, of which $180,000,000 shall be to sup- the gentleman from Maryland (Mr. solidation of the funding of some 10 of port a national media campaign, as author- HOYER). We have had some continuing those, but it is done with the express ized in the Drug-Free Media Campaign Act of discussions throughout the process of intent and purpose of being the 1998, of which $4,000,000 shall be made avail- able by grant or other appropriate transfer considering this legislation trying to placeholder that we need as we con- to the United States Anti-Doping Agency for accommodate the legitimate needs tinue to work with the Senate and in their anti-doping efforts; of which $50,600,000 both of the executive branch and the conference, and of course with the shall be to continue a program of matching legitimate needs of the legislative White House in fashioning the final bill grants to drug-free communities, as author- branch. that ultimately will come before this ized in the Drug-Free Communities Act of The executive branch sees that in body. 1997; of which $1,000,000 shall be available to having the White House accounts split Mr. Chairman, I repeat that this the National Drug Court Institute; and of up into some 18 different accounts, a amendment does not increase nor de- which $3,000,000 shall be for the Counterdrug crease the funding for the White House Intelligence Executive Secretariat: Provided, needless complexity that adds expense, That such funds may be transferred to other that adds burdens, that adds adminis- and the Executive Office of the Presi- Federal departments and agencies to carry trative hurdles that they must go dent. It merely takes 10 separate line out such activities. through to accomplish anything. items in the bill, consolidates them UNANTICIPATED NEEDS For example, when we have funding into one so we might indeed make sure For expenses necessary to enable the Presi- that is appropriated separately to the that we can bring up this issue when dent to meet unanticipated needs, in further- executive residents, to White House re- we get into a conference with the Sen- ance of the national interest, security, or de- pairs, to special assistants to the Presi- ate. It is our placeholder for that pur- fense which may arise at home or abroad dent, to the Office of Policy Develop- pose. during the current fiscal year, as authorized ment, to the White House office and so Mr. WAXMAN. Mr. Chairman, I with- by 3 U.S.C. 108, $1,000,000. forth, any time they may have some- draw my point of order. This title may be cited as the ‘‘Executive thing as simple as say a service con- The CHAIRMAN. The gentleman Office Appropriations Act, 2002’’. tract for copier services, or equipment withdraws his point of order. Mr. ISTOOK (during reading). Mr. repairs, they have to enter into mul- Mr. HOYER. Mr. Chairman, I move to Chairman, I ask unanimous consent tiple contracts, do multiple sets of strike the last word. that the bill through page 40, line 2, be bookkeeping. Mr. Chairman, before the gentleman considered as read, printed in the Mr. Chairman, there is a burden that from California (Mr. WAXMAN), the dis- RECORD, and open to amendment at they see that they want to have re- tinguished ranking member of the any time point. moved to make it easier for the White Committee on Government Reform, The CHAIRMAN. Is there objection House to do business. leaves, the gentleman from Oklahoma to the request of the gentleman from On the other hand, we in the Con- (Mr. ISTOOK) correctly points out that Oklahoma? gress have legitimate needs and desires this is a placeholder. As I told the gen- There was no objection. to have oversight over spending of pub- tleman from California, I opposed the AMENDMENT OFFERED BY MR. ISTOOK lic funds. The gentleman from Mary- original amendment that was offered. Mr. ISTOOK. Mr. Chairman, I offer land (Mr. HOYER) and I have been work- It was defeated in committee. But I be- an amendment on behalf of myself and ing diligently to try to strike the right lieve this is a subject worthy of discus- the gentleman from Maryland (Mr. balance. sion between now and conference, and I HOYER). We did want to offer an amendment, want to assure the gentleman that I The Clerk read as follows: Mr. Chairman, and I think the point of will be talking with him as well to get Amendment offered by Mr. ISTOOK: order was raised against what the gen- his thoughts on this proposal that OMB On page 27, strike line 21 through page 28, tleman from California thought was has made. line 22; going to be the amendment which had Clearly they believe it is a proposal On page 28, strike line 24 through page 29, some substantive language to try to which will encourage greater effi- line 4; put in some safeguards for the benefit ciencies and effectiveness of manage- On page 31, strike line 10 through page 32, ment. Whether that is the case or not, line 17; of the Congress to make sure that con- On page 33, strike line 1 through page 34, solidating these accounts would not re- we will see. I assure the gentleman line 11; and move our oversight ability, and would that I will discuss it further with him. On page 39, strike lines 20 through 25. make sure that the persons involved in b 1245 On page 27, line 21, insert the following: the White House and expending public Mr. WAXMAN. Mr. Chairman, will EXECUTIVE OFFICE OF THE PRESIDENT funds are still accessible and available the gentleman yield? For necessary expenses of the Executive to the Congress when we might need Mr. HOYER. I yield to the gentleman Office of the President, including compensa- testimony and information and to per- from California. tion of the President, $139,255,000; of which form our constitutional duties. $450,000 shall be available for compensation Mr. WAXMAN. I thank the gen- Because the gentleman from Cali- tleman very much for those assur- of the President, including an expense allow- fornia intended to offer an objection to ance at the rate of $50,000 per year, as au- ances. I understand the chairman of thorized by 3 U.S.C. 102; of which $54,651,000 the unanimous consent that was nec- the subcommittee also expressing the shall be available for necessary expenses of essary to do that, the gentleman from view that this is a placeholder. the White House Office as authorized by law, Maryland (Mr. HOYER) and I offer the The original proposal I found very including not to exceed $100,000 for travel ex- second amendment which does consoli- troublesome. It would do things like penses, to be expended and accounted for as date accounts. It does not have the ad- allow all the money from the National provided by 3 U.S.C. 103. ditional language that we would like to Security Council to be used for the res- Mr. WAXMAN. Mr. Chairman, I re- have; but I would represent to the body idence of the Vice President. I do not serve a point of order on the amend- that the gentleman from Maryland think that much power ought to be del- ment. (Mr. HOYER) and I and everybody else egated away from the Congress to the The CHAIRMAN. A point of order is involved with this intend to make sure executive branch. There are many ac- reserved. that the final product of this com- counts over which we ought to have a Mr. ISTOOK. Mr. Chairman, this mittee, whatever it might or might not much closer opportunity to review. amendment does not add any dollars of do with consolidated different ac- I thank the gentleman for his assur- spending to the bill, nor does it reduce counts, does so with all of the nec- ances and will look forward to dis- any dollars of spending to the bill. The essary safeguards to protect the proper cussing the issue with him further. effect of the amendment, however, is constitutional prerogatives of the Con- Mr. HOYER. I thank the gentleman. just to consolidate several accounts gress. Reclaiming my time, let me say to dealing with the Executive Office of So this amendment, Mr. Chairman, I the gentleman that the gentleman is the President, the White House office. believe will clearly be in order. It does correct that money could be shifted By way of explanation, Mr. Chair- not consolidate all 18 of the accounts from the NSC account to other ac- man, this amendment is offered on be- that are generally under the Executive counts, the Vice President’s account or

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.005 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4571 any other account. Obviously, that ings; rental of buildings in the District of Co- Virginia: would have to be done, however, with lumbia; restoration of leased premises; mov- Norfolk, U.S. Courthouse Annex, $11,609,000 the approval of the committee, because ing governmental agencies (including space Nationwide: adjustments and telecommunications reloca- Non-prospectus Construction: $5,400,000: they would need a request to shift from tion expenses) in connection with the assign- Provided, That funding for any project identi- one program to the other. However, I ment, allocation and transfer of space; con- fied above may be exceeded to the extent raised similar concern that this would tractual services incident to cleaning or that savings are effected in other such facilitate that happening. Because at servicing buildings, and moving; repair and projects, but not to exceed 10 percent of the times we do not give as careful atten- alteration of federally owned buildings in- amounts included in an approved prospectus, tion to the shifting of funds from one cluding grounds, approaches and appur- if required, unless advance approval is ob- account to another as we do to the ini- tenances; care and safeguarding of sites; tained from the Committees on Appropria- maintenance, preservation, demolition, and tions of a greater amount: Provided further, tial appropriations to that account, I equipment; acquisition of buildings and sites That all funds for direct construction think the gentleman’s concern is well by purchase, condemnation, or as otherwise projects shall expire on September 30, 2003, placed. I expressed it as well in com- authorized by law; acquisition of options to and remain in the Federal Buildings Fund mittee. We will see how comfortable we purchase buildings and sites; conversion and except for funds for projects as to which can become with the ultimate agree- extension of federally owned buildings; pre- funds for design or other funds have been ob- ment that we might reach. liminary planning and design of projects by ligated in whole or in part prior to such date; contract or otherwise; construction of new (2) $826,676,000 shall remain available until I thank the gentleman for his input. buildings (including equipment for such expended for repairs and alterations which The CHAIRMAN. The question is on buildings); and payment of principal, inter- includes associated design and construction the amendment offered by the gen- est, and any other obligations for public services: Provided further, That funds in the tleman from Oklahoma (Mr. ISTOOK). buildings acquired by installment purchase Federal Buildings Fund for Repairs and Al- The amendment was agreed to. and purchase contract; in the aggregate terations shall, for prospectus projects, be The CHAIRMAN. The Clerk will read. amount of $6,086,138,000 of which (1) limited to the amount by project, as follows, The Clerk read as follows: $348,816,000 shall remain available until ex- except each project may be increased by an pended for construction (including funds for amount not to exceed 10 percent unless ad- TITLE IV—INDEPENDENT AGENCIES sites and expenses and associated design and vance approval is obtained from the Commit- COMMITTEE FOR PURCHASE FROM PEOPLE WHO construction services) of additional projects tees on Appropriations of a greater amount: ARE BLIND OR SEVERELY DISABLED at the following locations: Repairs and Alterations: SALARIES AND EXPENSES New Construction: California: For necessary expenses of the Committee Alabama: Laguna Niguel, Chet Holifield Federal for Purchase From People Who Are Blind or Mobile, U.S. Courthouse, $11,290,000 Building, $11,711,000 Severely Disabled established by Public Law Arkansas: San Diego, Edward J. Schwartz Federal 92–28, $4,629,000. Little Rock, U.S. Courthouse Annex, Building, U.S. Courthouse, $13,070,000 $5,022,000 Colorado: FEDERAL ELECTION COMMISSION California: Lakewood, Denver Federal Center, Build- SALARIES AND EXPENSES Fresno, U.S. Courthouse, $121,225,000 ing 67, $8,484,000 For necessary expenses to carry out the District of Columbia: District of Columbia: provisions of the Federal Election Campaign Washington, U.S. Courthouse Annex, Washington, 320 First Street Federal Act of 1971, as amended, $43,689,000, of which $6,595,000 Building, $8,260,000 no less than $5,128,000 shall be available for Washington, Southeast Federal Center Site Washington, Internal Revenue Service internal automated data processing systems, Remediation, $5,000,000 Main Building, Phase 2, $20,391,000 and of which not to exceed $5,000 shall be Florida: Washington, Main Interior Building, available for reception and representation Miami, U.S. Courthouse, $15,000,000 $22,739,000 expenses. Orlando, U.S. Courthouse, $4,000,000 Washington, Main Justice Building, Phase FEDERAL LABOR RELATIONS AUTHORITY Illinois: 3, $45,974,000 Rockford, U.S. Courthouse, $4,933,000 Florida: SALARIES AND EXPENSES Maine: Jacksonville, Charles E. Bennett Federal For necessary expenses to carry out func- Jackman, Border Station, $868,000 Building, $23,552,000 tions of the Federal Labor Relations Author- Maryland: Tallahassee, U.S. Courthouse, $4,894,000 ity, pursuant to Reorganization Plan Num- Montgomery County, FDA Consolidation, Illinois: bered 2 of 1978, and the Civil Service Reform $19,060,000 Chicago, Federal Building, 536 South Clark Act of 1978, including services authorized by Prince Georges County, National Center Street, $60,073,000 5 U.S.C. 3109, including hire of experts and for Environmental Prediction, $3,000,000 Chicago, Harold Washington Social Secu- consultants, hire of passenger motor vehi- Suitland, U.S. Census Bureau, $2,813,000 rity Center, $13,692,000 cles, and rental of conference rooms in the Suitland, National Oceanic and Atmos- Chicago, John C. Kluczynski Federal District of Columbia and elsewhere, pheric Administration II, $34,083,000 Building, $12,725,000 $26,524,000: Provided, That public members of Massachusetts: Iowa: the Federal Service Impasses Panel may be Springfield, U.S. Courthouse, $6,473,000 Des Moines, 210 Walnut Street Federal paid travel expenses and per diem in lieu of Michigan: Building, $11,992,000 subsistence as authorized by law (5 U.S.C. Detroit, Ambassador Bridge Border Sta- Missouri: 5703) for persons employed intermittently in tion, $9,470,000 St. Louis, Federal Building 104/105 Good- the Government service, and compensation Montana: fellow, $20,212,000 as authorized by 5 U.S.C. 3109: Provided fur- Raymond, Border Station, $693,000 New Jersey: ther, That notwithstanding 31 U.S.C. 3302, New Mexico: Newark, Peter W. Rodino Federal Building, funds received from fees charged to non-Fed- Las Cruces, U.S. Courthouse, $4,110,000 $5,295,000 eral participants at labor-management rela- New York: Nevada: tions conferences shall be credited to and Brooklyn, U.S. Courthouse Annex—GPO, Las Vegas, Foley Federal Building—U.S. merged with this account, to be available $3,361,000 Courthouse, $26,978,000 without further appropriation for the costs Buffalo, U.S. Courthouse Annex, $716,000 Ohio: of carrying out these conferences. Champlain, Border Station, $500,000 Cleveland, Anthony J. Celebrezze Federal GENERAL SERVICES ADMINISTRATION New York, U.S. Mission to the United Na- Building, $22,986,000 REAL PROPERTY ACTIVITIES tions, $4,617,000 Cleveland, Howard M. Metzenbaum U.S. FEDERAL BUILDINGS FUND Oklahoma: Courthouse, $27,856,000 Norman, NOAA Norman Consolidation Oklahoma: LIMITATIONS ON AVAILABILITY OF REVENUE Project, $10,000,000 Muskogee, Federal Building—U.S. Court- (INCLUDING TRANSFER OF FUNDS) Oregon: house, $8,214,000 To carry out the purpose of the Fund es- Eugene, U.S. Courthouse, $4,470,000 Oregon: tablished pursuant to section 210(f) of the Pennsylvania: Portland, Pioneer Courthouse, $16,629,000 Federal Property and Administrative Serv- Erie, U.S. Courthouse Annex, $30,739,000 Rhode Island: ices Act of 1949, as amended (40 U.S.C. 490(f)), Texas: Providence, U.S. Federal Building and the revenues and collections deposited into Del Rio III, Border Station, $1,869,000 Courthouse, $5,039,000 the Fund shall be available for necessary ex- Eagle Pass, Border Station, $2,256,000 Wisconsin: penses of real property management and re- El Paso, U.S. Courthouse, $11,193,000 Milwaukee, Federal Building—U.S. Court- lated activities not otherwise provided for, Fort Hancock, Border Station, $2,183,000 house, $10,015,000 including operation, maintenance, and pro- Houston, Federal Bureau of Investigation, Nationwide: tection of federally owned and leased build- $6,268,000 Design Program, $33,657,000

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Heating, Ventilation and Air Conditioning asset management activities; utilization and SEC. 404. No funds made available by this Modernization—Various Buildings, $6,650,000 donation of surplus personal property; trans- Act shall be used to transmit a fiscal year Transformers—Various Buildings, portation; procurement and supply; Govern- 2003 request for United States Courthouse $15,588,000 ment-wide responsibilities relating to auto- construction that: (1) does not meet the de- Basic Repairs and Alterations, $370,000,000: mated data management, telecommuni- sign guide standards for construction as es- Provided further, That additional projects for cations, information resources management, tablished and approved by the General Serv- which prospectuses have been fully approved and related technology activities; utilization ices Administration, the Judicial Conference may be funded under this category only if survey, deed compliance inspection, ap- of the United States, and the Office of Man- advance notice is transmitted to the Com- praisal, environmental and cultural analysis, agement and Budget; and (2) does not reflect mittees on Appropriations: Provided further, and land use planning functions pertaining the priorities of the Judicial Conference of That the amounts provided in this or any to excess and surplus real property; agency- the United States as set out in its approved prior Act for ‘‘Repairs and Alterations’’ may wide policy direction; Board of Contract Ap- 5-year construction plan: Provided, That the be used to fund costs associated with imple- peals; accounting, records management, and fiscal year 2003 request shall be accompanied menting security improvements to buildings other support services incident to adjudica- by a standardized courtroom utilization necessary to meet the minimum standards tion of Indian Tribal Claims by the United study of each facility to be constructed, re- for security in accordance with current law States Court of Federal Claims; services as placed, or expanded. and in compliance with the reprogramming authorized by 5 U.S.C. 3109; and not to exceed SEC. 405. None of the funds provided in this guidelines of the appropriate Committees of $7,500 for official reception and representa- Act may be used to increase the amount of the House and Senate: Provided further, That tion expenses, $137,947,000, of which occupiable square feet, provide cleaning the difference between the funds appro- $25,887,000 shall remain available until ex- services, security enhancements, or any priated and expended on any projects in this pended. other service usually provided through the or any prior Act, under the heading ‘‘Repairs OFFICE OF INSPECTOR GENERAL Federal Buildings Fund, to any agency that and Alterations’’, may be transferred to does not pay the rate per square foot assess- For necessary expenses of the Office of In- Basic Repairs and Alterations or used to ment for space and services as determined by spector General and services authorized by 5 fund authorized increases in prospectus the General Services Administration in com- U.S.C. 3109, $36,478,000: Provided, That not to projects: Provided further, That all funds for pliance with the Public Buildings Amend- exceed $15,000 shall be available for payment repairs and alterations prospectus projects ments Act of 1972 (Public Law 92–313). for information and detection of fraud shall expire on September 30, 2003, and re- SEC. 406. Funds provided to other Govern- against the Government, including payment main in the Federal Buildings Fund except ment agencies by the Information Tech- for recovery of stolen Government property: funds for projects as to which funds for de- nology Fund, General Services Administra- Provided further, That not to exceed $2,500 sign or other funds have been obligated in tion, under section 110 of the Federal Prop- shall be available for awards to employees of whole or in part prior to such date: Provided erty and Administrative Services Act of 1949 other Federal agencies and private citizens further, That the amount provided in this or (40 U.S.C. 757) and sections 5124(b) and 5128 of in recognition of efforts and initiatives re- any prior Act for Basic Repairs and Alter- the Clinger-Cohen Act of 1996 (40 U.S.C. sulting in enhanced Office of Inspector Gen- ations may be used to pay claims against the 1424(b) and 1428), for performance of pilot in- eral effectiveness. Government arising from any projects under formation technology projects which have the heading ‘‘Repairs and Alterations’’ or ELECTRONIC GOVERNMENT FUND potential for Government-wide benefits and used to fund authorized increases in pro- (INCLUDING TRANSFER OF FUNDS) savings, may be repaid to this Fund from spectus projects; (3) $186,427,000 for install- For necessary expenses in support of inter- any savings actually incurred by these ment acquisition payments including pay- agency projects that enable the Federal Gov- projects or other funding, to the extent fea- ments on purchase contracts which shall re- ernment to expand its ability to conduct ac- sible. main available until expended; (4) tivities electronically, through the develop- SEC. 407. From funds made available under $2,959,550,000 for rental of space which shall ment and implementation of innovative uses the heading ‘‘Federal Buildings Fund, Limi- remain available until expended; and (5) of the Internet and other electronic methods, tations on Availability of Revenue’’, claims $1,764,669,000 for building operations which $5,000,000 to remain available until expended: against the Government of less than $250,000 shall remain available until expended: Pro- Provided, That these funds may be trans- arising from direct construction projects and vided further, That funds available to the ferred to Federal agencies to carry out the acquisition of buildings may be liquidated General Services Administration shall not be purposes of the Fund: Provided further, That from savings effected in other construction available for expenses of any construction, this transfer authority shall be in addition projects with prior notification to the Com- repair, alteration and acquisition project for to any other transfer authority provided in mittees on Appropriations. which a prospectus, if required by the Public this Act: Provided further, That such trans- SEC. 408. The amount expended by the Gen- Buildings Act of 1959, as amended, has not fers may not be made until 10 days after a eral Services Administration during fiscal been approved, except that necessary funds proposed spending plan and justification for year 2002 for the purchase of alternative fuel may be expended for each project for re- each project to be undertaken has been sub- vehicles shall be at least $5,000,000 more than quired expenses for the development of a pro- mitted to the House Committee on Appro- the amount expended during fiscal year 2001 posed prospectus: Provided further, That priations. for such purpose. funds available in the Federal Buildings MERIT SYSTEMS PROTECTION BOARD Fund may be expended for emergency repairs ALLOWANCES AND OFFICE STAFF FOR FORMER SALARIES AND EXPENSES when advance approval is obtained from the PRESIDENTS Committees on Appropriations: Provided fur- (INCLUDING TRANSFER OF FUNDS) (INCLUDING TRANSFER OF FUNDS) ther, That amounts necessary to provide re- For carrying out the provisions of the Act For necessary expenses to carry out func- imbursable special services to other agencies of August 25, 1958, as amended (3 U.S.C. 102 tions of the Merit Systems Protection Board under section 210(f)(6) of the Federal Prop- note), and Public Law 95–138, $3,196,000: Pro- pursuant to Reorganization Plan Numbered 2 erty and Administrative Services Act of 1949, vided, That the Administrator of General of 1978 and the Civil Service Reform Act of as amended (40 U.S.C. 490(f)(6)) and amounts Services shall transfer to the Secretary of 1978, including services as authorized by 5 to provide such reimbursable fencing, light- the Treasury such sums as may be necessary U.S.C. 3109, rental of conference rooms in the ing, guard booths, and other facilities on pri- to carry out the provisions of such Acts. District of Columbia and elsewhere, hire of passenger motor vehicles, and direct pro- vate or other property not in Government GENERAL SERVICES ADMINISTRATION— curement of survey printing, $30,555,000 to- ownership or control as may be appropriate GENERAL PROVISIONS to enable the United States Secret Service to gether with not to exceed $2,520,000 for ad- SEC. 401. The appropriate appropriation or perform its protective functions pursuant to ministrative expenses to adjudicate retire- fund available to the General Services Ad- 18 U.S.C. 3056, shall be available from such ment appeals to be transferred from the Civil ministration shall be credited with the cost revenues and collections: Provided further, Service Retirement and Disability Fund in of operation, protection, maintenance, up- That revenues and collections and any other amounts determined by the Merit Systems keep, repair, and improvement, included as sums accruing to this Fund during fiscal Protection Board. part of rentals received from Government year 2002, excluding reimbursements under MORRIS K. UDALL SCHOLARSHIP AND EXCEL- corporations pursuant to law (40 U.S.C. 129). section 210(f)(6) of the Federal Property and LENCE IN NATIONAL ENVIRONMENTAL POLICY SEC. 402. Funds available to the General Administrative Services Act of 1949 (40 FOUNDATION Services Administration shall be available U.S.C. 490(f)(6)) in excess of $6,086,138,000 for the hire of passenger motor vehicles. MORRIS K. UDALL SCHOLARSHIP AND EXCEL- shall remain in the Fund and shall not be SEC. 403. Funds in the Federal Buildings LENCE IN NATIONAL ENVIRONMENTAL POLICY available for expenditure except as author- Fund made available for fiscal year 2002 for TRUST FUND ized in appropriations Acts. Federal Buildings Fund activities may be For payment to the Morris K. Udall Schol- GENERAL ACTIVITIES transferred between such activities only to arship and Excellence in National Environ- POLICY AND OPERATIONS the extent necessary to meet program re- mental Policy Trust Fund, pursuant to the For expenses authorized by law, not other- quirements: Provided, That any proposed Morris K. Udall Scholarship and Excellence wise provided for, for Government-wide pol- transfers shall be approved in advance by the in National Environmental and Native icy and oversight activities associated with Committees on Appropriations. American Public Policy Act of 1992 (20 U.S.C.

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.008 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4573 5601 et. seq.), $2,500,000, to remain available vestigation for expenses incurred under Ex- nuities authorized by the Act of May 29, 1944, until expended: Provided, That up to 60 per- ecutive Order No. 10422 of January 9, 1953, as as amended, and the Act of August 19, 1950, cent of such funds may be transferred by the amended; and payment of per diem and/or as amended (33 U.S.C. 771–775), may hereafter Morris K. Udall Scholarship and Excellence subsistence allowances to employees where be paid out of the Civil Service Retirement in National Environmental Policy Founda- Voting Rights Act activities require an em- and Disability Fund. tion for the necessary expenses of the Native ployee to remain overnight at his or her post OFFICE OF SPECIAL COUNSEL Nations Institute: Provided further, That not of duty, $99,636,000, of which $3,200,000 shall SALARIES AND EXPENSES later than 90 days after the date of the enact- remain available until expended for the cost ment of this Act, the Morris K. Udall Schol- of the governmentwide human resources For necessary expenses to carry out func- arship and Excellence in National Environ- data network project; and in addition tions of the Office of Special Counsel pursu- mental Policy Foundation shall submit to $115,928,000 for administrative expenses, to be ant to Reorganization Plan Numbered 2 of the House Committee on Appropriations a transferred from the appropriate trust funds 1978, the Civil Service Reform Act of 1978 report describing the distribution of such of the Office of Personnel Management with- (Public Law 95–454), the Whistleblower Pro- funds. out regard to other statutes, including direct tection Act of 1989 (Public Law 101–12), Pub- lic Law 103–424, and the Uniformed Services ENVIRONMENTAL DISPUTE RESOLUTION FUND procurement of printed materials, for the re- tirement and insurance programs, of which Employment and Reemployment Act of 1994 For payment to the Environmental Dis- $21,777,000 shall remain available until ex- (Public Law 103–353), including services as pute Resolution Fund to carry out activities pended for the cost of automating the retire- authorized by 5 U.S.C. 3109, payment of fees authorized in the Environmental Policy and ment recordkeeping systems: Provided, That and expenses for witnesses, rental of con- Conflict Resolution Act of 1998, $1,309,000, to the provisions of this appropriation shall not ference rooms in the District of Columbia remain available until expended. affect the authority to use applicable trust and elsewhere, and hire of passenger motor NATIONAL ARCHIVES AND RECORDS funds as provided by sections 8348(a)(1)(B), vehicles; $11,891,000. ADMINISTRATION 8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, UNITED STATES TAX COURT OPERATING EXPENSES United States Code: Provided further, That no SALARIES AND EXPENSES part of this appropriation shall be available For necessary expenses in connection with For necessary expenses, including contract for salaries and expenses of the Legal Exam- the administration of the National Archives reporting and other services as authorized by ining Unit of the Office of Personnel Man- (including the Information Security Over- 5 U.S.C. 3109, $37,809,000: Provided, That trav- agement established pursuant to Executive sight Office) and archived Federal records el expenses of the judges shall be paid upon Order No. 9358 of July 1, 1943, or any suc- and related activities, as provided by law, the written certificate of the judge. cessor unit of like purpose: Provided further, and for expenses necessary for the review This title may be cited as the ‘‘Inde- That the President’s Commission on White and declassification of documents, and for pendent Agencies Appropriations Act, 2002’’. the hire of passenger motor vehicles, House Fellows, established by Executive TITLE V—GENERAL PROVISIONS $244,247,000: Provided, That the Archivist of Order No. 11183 of October 3, 1964, may, dur- the United States is authorized to use any ing fiscal year 2002, accept donations of THIS ACT excess funds available from the amount bor- money, property, and personal services in SEC. 501. No part of any appropriation con- rowed for construction of the National Ar- connection with the development of a pub- tained in this Act shall remain available for chives facility, for expenses necessary to licity brochure to provide information about obligation beyond the current fiscal year un- provide adequate storage for holdings: Pro- the White House Fellows, except that no less expressly so provided herein. vided further, That of the funds made avail- such donations shall be accepted for travel SEC. 502. The expenditure of any appropria- able, $22,302,000 is for the electronic records or reimbursement of travel expenses, or for tion under this Act for any consulting serv- archive, $16,337,000 of which shall be avail- the salaries of employees of such Commis- ice through procurement contract, pursuant able until September 30, 2004. sion. to 5 U.S.C. 3109, shall be limited to those REPAIRS AND RESTORATION OFFICE OF INSPECTOR GENERAL contracts where such expenditures are a matter of public record and available for For the repair, alteration, and improve- SALARIES AND EXPENSES public inspection, except where otherwise ment of archives facilities, and to provide (INCLUDING TRANSFER OF TRUST FUNDS) provided under existing law, or under exist- adequate storage for holdings, $10,643,000, to For necessary expenses of the Office of In- ing Executive order issued pursuant to exist- remain available until expended. spector General in carrying out the provi- ing law. NATIONAL HISTORICAL PUBLICATIONS AND sions of the Inspector General Act, as SEC. 503. None of the funds made available RECORDS COMMISSION amended, including services as authorized by by this Act shall be available for any activ- GRANTS PROGRAM 5 U.S.C. 3109, hire of passenger motor vehi- ity or for paying the salary of any Govern- cles, $1,498,000; and in addition, not to exceed For necessary expenses for allocations and ment employee where funding an activity or $10,016,000 for administrative expenses to paying a salary to a Government employee grants for historical publications and records audit, investigate, and provide other over- as authorized by 44 U.S.C. 2504, as amended, would result in a decision, determination, sight of the Office of Personnel Manage- rule, regulation, or policy that would pro- $10,000,000, to remain available until ex- ment’s retirement and insurance programs, pended. hibit the enforcement of section 307 of the to be transferred from the appropriate trust Tariff Act of 1930. OFFICE OF GOVERNMENT ETHICS funds of the Office of Personnel Manage- SEC. 504. None of the funds made available SALARIES AND EXPENSES ment, as determined by the Inspector Gen- by this Act shall be available in fiscal year For necessary expenses to carry out func- eral: Provided, That the Inspector General is 2002 for the purpose of transferring control tions of the Office of Government Ethics pur- authorized to rent conference rooms in the over the Federal Law Enforcement Training suant to the Ethics in Government Act of District of Columbia and elsewhere. Center located at Glynco, Georgia, and 1978, as amended and the Ethics Reform Act GOVERNMENT PAYMENT FOR ANNUITANTS, Artesia, New Mexico, out of the Department of 1989, including services as authorized by 5 EMPLOYEES HEALTH BENEFITS of the Treasury. U.S.C. 3109, rental of conference rooms in the For payment of Government contribu- SEC. 505. No part of any appropriation con- District of Columbia and elsewhere, hire of tions with respect to retired employees, as tained in this Act shall be available to pay passenger motor vehicles, and not to exceed authorized by chapter 89 of title 5, United the salary for any person filling a position, $1,500 for official reception and representa- States Code, and the Retired Federal Em- other than a temporary position, formerly tion expenses, $10,117,000. ployees Health Benefits Act (74 Stat. 849), as held by an employee who has left to enter OFFICE OF PERSONNEL MANAGEMENT amended, such sums as may be necessary. the Armed Forces of the United States and has satisfactorily completed his period of ac- SALARIES AND EXPENSES GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE tive military or naval service, and has with- (INCLUDING TRANSFER OF TRUST FUNDS) in 90 days after his release from such service For payment of Government contributions For necessary expenses to carry out func- or from hospitalization continuing after dis- with respect to employees retiring after De- tions of the Office of Personnel Management charge for a period of not more than 1 year, cember 31, 1989, as required by chapter 87 of pursuant to Reorganization Plan Numbered 2 made application for restoration to his title 5, United States Code, such sums as of 1978 and the Civil Service Reform Act of former position and has been certified by the may be necessary. 1978, including services as authorized by 5 Office of Personnel Management as still U.S.C. 3109; medical examinations performed PAYMENT TO CIVIL SERVICE RETIREMENT AND qualified to perform the duties of his former for veterans by private physicians on a fee DISABILITY FUND position and has not been restored thereto. basis; rental of conference rooms in the Dis- For financing the unfunded liability of new SEC. 506. No funds appropriated pursuant to trict of Columbia and elsewhere; hire of pas- and increased annuity benefits becoming ef- this Act may be expended by an entity un- senger motor vehicles; not to exceed $2,500 fective on or after October 20, 1969, as au- less the entity agrees that in expending the for official reception and representation ex- thorized by 5 U.S.C. 8348, and annuities under assistance the entity will comply with sec- penses; advances for reimbursements to ap- special Acts to be credited to the Civil Serv- tions 2 through 4 of the Act of March 3, 1933 plicable funds of the Office of Personnel ice Retirement and Disability Fund, such (41 U.S.C. 10a–10c, popularly known as the Management and the Federal Bureau of In- sums as may be necessary: Provided, That an- ‘‘Buy American Act’’).

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SEC. 507. (a) PURCHASE OF AMERICAN-MADE ments under subchapter II of chapter 15 of surveillance vehicles), is hereby fixed at EQUIPMENT AND PRODUCTS.—In the case of title 31, United States code, that prevent the $8,100 except station wagons for which the any equipment or products that may be au- expenditure or obligation by December 31, maximum shall be $9,100: Provided, That thorized to be purchased with financial as- 2001, of at least 75 percent of the appropria- these limits may be exceeded by not to ex- sistance provided under this Act, it is the tions made for fiscal year 2002 to carry out ceed $3,700 for police-type vehicles, and by sense of the Congress that entities receiving the Agricultural Trade Development and As- not to exceed $4,000 for special heavy-duty such assistance should, in expending the as- sistance Act of 1954 (7 U.S.C. 1691 et seq.), the vehicles: Provided further, That the limits set sistance, purchase only American-made Food for Progress Act of 1985 (7 U.S.C. 1736o), forth in this section may not be exceeded by equipment and products. and section 416(b) of the Agricultural Act of more than 5 percent for electric or hybrid ve- (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— 1949 (7 U.S.C. 1431(b)). hicles purchased for demonstration under In providing financial assistance under this Mr. ISTOOK (during the reading). Mr. the provisions of the Electric and Hybrid Ve- Act, the Secretary of the Treasury shall pro- Chairman, I ask unanimous consent hicle Research, Development, and Dem- vide to each recipient of the assistance a no- onstration Act of 1976: Provided further, That tice describing the statement made in sub- that the bill through page 68, line 2, be the limits set forth in this section may be section (a) by the Congress. considered as read, printed in the exceeded by the incremental cost of clean al- SEC. 508. If it has been finally determined RECORD, and open to amendment at ternative fuels vehicles acquired pursuant to by a court or Federal agency that any person any point. Public Law 101–549 over the cost of com- intentionally affixed a label bearing a ‘‘Made The CHAIRMAN. Is there objection parable conventionally fueled vehicles. in America’’ inscription, or any inscription to the request of the gentleman from SEC. 604. Appropriations of the executive with the same meaning, to any product sold Oklahoma? departments and independent establishments in or shipped to the United States that is not for the current fiscal year available for ex- made in the United States, such person shall There was no objection. Mr. ISTOOK. Mr. Chairman, I move penses of travel, or for the expenses of the be ineligible to receive any contract or sub- activity concerned, are hereby made avail- contract made with funds provided pursuant to strike the last word. able for quarters allowances and cost-of-liv- to this Act, pursuant to the debarment, sus- Mr. Chairman, I just wanted to note ing allowances, in accordance with 5 U.S.C. pension, and ineligibility procedures de- for anyone that may be confused be- 5922–5924. scribed in sections 9.400 through 9.409 of title cause we had a pause, we were antici- SEC. 605. Unless otherwise specified during 48, Code of Federal Regulations. pating there would be another amend- the current fiscal year, no part of any appro- EC. 509. No funds appropriated by this Act S priation contained in this or any other Act shall be available to pay for an abortion, or ment that was to have been presented shall be used to pay the compensation of any the administrative expenses in connection a moment ago. Obviously, it has not. officer or employee of the Government of the with any health plan under the Federal em- So the effect of what we have asked United States (including any agency the ma- ployees health benefit program which pro- unanimous consent to do is to open up jority of the stock of which is owned by the vides any benefits or coverage for abortions. the bill to amendments and move on to Government of the United States) whose SEC. 510. The provision of section 509 shall title VI, which is the general provi- post of duty is in the continental United not apply where the life of the mother would sions where we know there are several States unless such person: (1) is a citizen of be endangered if the fetus were carried to Members that have amendments to the United States; (2) is a person in the serv- term, or the pregnancy is the result of an act ice of the United States on the date of the of rape or incest. offer in that section. enactment of this Act who, being eligible for SEC. 511. Except as otherwise specifically Mr. HOYER. Mr. Chairman, will the provided by law, not to exceed 50 percent of gentleman yield? citizenship, has filed a declaration of inten- unobligated balances remaining available at Mr. ISTOOK. I yield to the gen- tion to become a citizen of the United States prior to such date and is actually residing in the end of fiscal year 2002 from appropria- tleman from Maryland. tions made available for salaries and ex- the United States; (3) is a person who owes Mr. HOYER. So am I correct that allegiance to the United States; (4) is an penses for fiscal year 2002 in this Act, shall through title VI now is closed? remain available through September 30, 2003, alien from Cuba, Poland, South Vietnam, the for each such account for the purposes au- Mr. ISTOOK. We are opening up the countries of the former Soviet Union, or the thorized: Provided, That a request shall be bill up to title VI. The entire bill is Baltic countries lawfully admitted to the submitted to the Committees on Appropria- open for amendment to title VI. Then United States for permanent residence; (5) is tions for approval prior to the expenditure of Members who have amendments on a South Vietnamese, Cambodian, or Laotian such funds: Provided further, That these re- title VI may offer those. We are about refugee paroled in the United States after January 1, 1975; or (6) is a national of the quests shall be made in compliance with re- to close off the bill prior to title VI. programming guidelines. People’s Republic of China who qualifies for Mr. HOYER. Mr. Chairman, as I un- adjustment of status pursuant to the Chinese SEC. 512. None of the funds made available derstand it, we are now closed through in this Act may be used by the Executive Of- Student Protection Act of 1992: Provided, fice of the President to request from the Fed- title VI. I thank the gentleman for That for the purpose of this section, an affi- eral Bureau of Investigation any official yielding. davit signed by any such person shall be con- background investigation report on any indi- The CHAIRMAN. The Clerk will read. sidered prima facie evidence that the re- vidual, except when— The Clerk read as follows: quirements of this section with respect to his or her status have been complied with: (1) such individual has given his or her ex- TITLE VI—GENERAL PROVISIONS press written consent for such request not Provided further, That any person making a DEPARTMENTS, AGENCIES, AND CORPORATIONS more than 6 months prior to the date of such false affidavit shall be guilty of a felony, request and during the same presidential ad- SEC. 601. Funds appropriated in this or any and, upon conviction, shall be fined no more ministration; or other Act may be used to pay travel to the than $4,000 or imprisoned for not more than (2) such request is required due to extraor- United States for the immediate family of 1 year, or both: Provided further, That the dinary circumstances involving national se- employees serving abroad in cases of death above penal clause shall be in addition to, curity. or life threatening illness of said employee. and not in substitution for, any other provi- SEC. 513. The cost accounting standards SEC. 602. No department, agency, or instru- sions of existing law: Provided further, That promulgated under section 26 of the Office of mentality of the United States receiving ap- any payment made to any officer or em- Federal Procurement Policy Act (Public Law propriated funds under this or any other Act ployee contrary to the provisions of this sec- 93–400; 41 U.S.C. 422) shall not apply with re- for fiscal year 2002 shall obligate or expend tion shall be recoverable in action by the spect to a contract under the Federal Em- any such funds, unless such department, Federal Government. This section shall not ployees Health Benefits Program established agency, or instrumentality has in place, and apply to citizens of Ireland, Israel, or the Re- under chapter 89 of title 5, United States will continue to administer in good faith, a public of the Philippines, or to nationals of Code. written policy designed to ensure that all of those countries allied with the United States SEC. 514. For the purpose of resolving liti- its workplaces are free from the illegal use, in a current defense effort, or to inter- gation and implementing any settlement possession, or distribution of controlled sub- national broadcasters employed by the agreements regarding the nonforeign area stances (as defined in the Controlled Sub- United States Information Agency, or to cost-of-living allowance program, the Office stances Act) by the officers and employees of temporary employment of translators, or to of Personnel Management may accept and such department, agency, or instrumen- temporary employment in the field service utilize (without regard to any restriction on tality. (not to exceed 60 days) as a result of emer- unanticipated travel expenses imposed in an SEC. 603. Unless otherwise specifically pro- gencies. Appropriations Act) funds made available to vided, the maximum amount allowable dur- SEC. 606. Appropriations available to any the Office pursuant to court approval. ing the current fiscal year in accordance department or agency during the current fis- SEC. 515. None of the funds made available with section 16 of the Act of August 2, 1946 cal year for necessary expenses, including in this Act may be used to pay the salary of (60 Stat. 810), for the purchase of any pas- maintenance or operating expenses, shall any officer or employee of the Office of Man- senger motor vehicle (exclusive of buses, am- also be available for payment to the General agement and Budget who makes apportion- bulances, law enforcement, and undercover Services Administration for charges for

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.008 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4575 space and services and those expenses of ren- provided in this section, no part of any of the furnish or redecorate the office of such de- ovation and alteration of buildings and fa- funds appropriated for fiscal year 2002, by partment head, agency head, officer, or em- cilities which constitute public improve- this or any other Act, may be used to pay ployee, or to purchase furniture or make im- ments performed in accordance with the any prevailing rate employee described in provements for any such office, unless ad- Public Buildings Act of 1959 (73 Stat. 749), section 5342(a)(2)(A) of title 5, United States vance notice of such furnishing or redecora- the Public Buildings Amendments of 1972 (87 Code— tion is expressly approved by the Commit- Stat. 216), or other applicable law. (1) during the period from the date of expi- tees on Appropriations. For the purposes of SEC. 607. In addition to funds provided in ration of the limitation imposed by section this section, the word ‘‘office’’ shall include this or any other Act, all Federal agencies 613 of the Treasury and General Government the entire suite of offices assigned to the in- are authorized to receive and use funds re- Appropriations Act, 2001, until the normal dividual, as well as any other space used pri- sulting from the sale of materials, including effective date of the applicable wage survey marily by the individual or the use of which Federal records disposed of pursuant to a adjustment that is to take effect in fiscal is directly controlled by the individual. records schedule recovered through recycling year 2002, in an amount that exceeds the rate SEC. 614. Notwithstanding any other provi- or waste prevention programs. Such funds payable for the applicable grade and step of sion of law, no executive branch agency shall shall be available until expended for the fol- the applicable wage schedule in accordance purchase, construct, and/or lease any addi- tional facilities, except within or contiguous lowing purposes: with such section 613; and to existing locations, to be used for the pur- (1) Acquisition, waste reduction and pre- (2) during the period consisting of the re- pose of conducting Federal law enforcement vention, and recycling programs as described mainder of fiscal year 2002, in an amount training without the advance approval of the in Executive Order No. 13101 (September 14, that exceeds, as a result of a wage survey ad- Committees on Appropriations, except that 1998), including any such programs adopted justment, the rate payable under paragraph prior to the effective date of the Executive the Federal Law Enforcement Training Cen- (1) by more than the sum of— ter is authorized to obtain the temporary use order. (A) the percentage adjustment taking ef- (2) Other Federal agency environmental of additional facilities by lease, contract, or fect in fiscal year 2002 under section 5303 of other agreement for training which cannot management programs, including, but not title 5, United States Code, in the rates of limited to, the development and implemen- be accommodated in existing Center facili- pay under the General Schedule; and ties. tation of hazardous waste management and (B) the difference between the overall aver- SEC. 615. Notwithstanding section 1346 of pollution prevention programs. age percentage of the locality-based com- title 31, United States Code, or section 609 of (3) Other employee programs as authorized parability payments taking effect in fiscal this Act, funds made available for fiscal year by law or as deemed appropriate by the head year 2002 under section 5304 of such title 2002 by this or any other Act shall be avail- of the Federal agency. (whether by adjustment or otherwise), and able for the interagency funding of national EC. 608. Funds made available by this or S the overall average percentage of such pay- security and emergency preparedness tele- any other Act for administrative expenses in ments which was effective in fiscal year 2001 communications initiatives which benefit the current fiscal year of the corporations under such section. multiple Federal departments, agencies, or and agencies subject to chapter 91 of title 31, (b) Notwithstanding any other provision of entities, as provided by Executive Order No. United States Code, shall be available, in ad- law, no prevailing rate employee described in 12472 (April 3, 1984). dition to objects for which such funds are subparagraph (B) or (C) of section 5342(a)(2) SEC. 616. (a) None of the funds appropriated otherwise available, for rent in the District of title 5, United States Code, and no em- by this or any other Act may be obligated or of Columbia; services in accordance with 5 ployee covered by section 5348 of such title, expended by any Federal department, agen- U.S.C. 3109; and the objects specified under may be paid during the periods for which cy, or other instrumentality for the salaries this head, all the provisions of which shall be subsection (a) is in effect at a rate that ex- or expenses of any employee appointed to a applicable to the expenditure of such funds ceeds the rates that would be payable under position of a confidential or policy-deter- unless otherwise specified in the Act by subsection (a) were subsection (a) applicable mining character excepted from the competi- which they are made available: Provided, to such employee. tive service pursuant to section 3302 of title That in the event any functions budgeted as (c) For the purposes of this section, the 5, United States Code, without a certifi- administrative expenses are subsequently rates payable to an employee who is covered cation to the Office of Personnel Manage- transferred to or paid from other funds, the by this section and who is paid from a sched- ment from the head of the Federal depart- limitations on administrative expenses shall ule not in existence on September 30, 2001, ment, agency, or other instrumentality em- be correspondingly reduced. shall be determined under regulations pre- ploying the Schedule C appointee that the SEC. 609. No part of any appropriation con- scribed by the Office of Personnel Manage- Schedule C position was not created solely or tained in this or any other Act shall be ment. primarily in order to detail the employee to available for interagency financing of boards (d) Notwithstanding any other provision of the White House. (except Federal Executive Boards), commis- law, rates of premium pay for employees sub- (b) The provisions of this section shall not sions, councils, committees, or similar ject to this section may not be changed from apply to Federal employees or members of groups (whether or not they are interagency the rates in effect on September 30, 2001, ex- the armed services detailed to or from— entities) which do not have a prior and spe- cept to the extent determined by the Office (1) the Central Intelligence Agency; cific statutory approval to receive financial of Personnel Management to be consistent (2) the National Security Agency; support from more than one agency or in- with the purpose of this section. (3) the Defense Intelligence Agency; strumentality. (e) This section shall apply with respect to (4) the offices within the Department of SEC. 610. Funds made available by this or pay for service performed after September Defense for the collection of specialized na- any other Act to the Postal Service Fund (39 30, 2001. tional foreign intelligence through recon- U.S.C. 2003) shall be available for employ- (f) For the purpose of administering any naissance programs; ment of guards for all buildings and areas provision of law (including any rule or regu- (5) the Bureau of Intelligence and Research owned or occupied by the Postal Service and lation that provides premium pay, retire- of the Department of State; under the charge and control of the Postal ment, life insurance, or any other employee (6) any agency, office, or unit of the Army, Service, and such guards shall have, with re- benefit) that requires any deduction or con- Navy, Air Force, and Marine Corps, the Fed- spect to such property, the powers of special tribution, or that imposes any requirement eral Bureau of Investigation and the Drug policemen provided by the first section of or limitation on the basis of a rate of salary Enforcement Administration of the Depart- the Act of June 1, 1948, as amended (62 Stat. or basic pay, the rate of salary or basic pay ment of Justice, the Department of Trans- 281; 40 U.S.C. 318), and, as to property owned payable after the application of this section portation, the Department of the Treasury, or occupied by the Postal Service, the Post- shall be treated as the rate of salary or basic and the Department of Energy performing master General may take the same actions pay. intelligence functions; and as the Administrator of General Services (g) Nothing in this section shall be consid- (7) the Director of Central Intelligence. may take under the provisions of sections 2 ered to permit or require the payment to any SEC. 617. No department, agency, or instru- and 3 of the Act of June 1, 1948, as amended employee covered by this section at a rate in mentality of the United States receiving ap- (62 Stat. 281; 40 U.S.C. 318a and 318b), attach- excess of the rate that would be payable were propriated funds under this or any other Act ing thereto penal consequences under the au- this section not in effect. for fiscal year 2002 shall obligate or expend thority and within the limits provided in (h) The Office of Personnel Management any such funds, unless such department, section 4 of the Act of June 1, 1948, as amend- may provide for exceptions to the limita- agency, or instrumentality has in place, and ed (62 Stat. 281; 40 U.S.C. 318c). tions imposed by this section if the Office de- will continue to administer in good faith, a SEC. 611. None of the funds made available termines that such exceptions are necessary written policy designed to ensure that all of pursuant to the provisions of this Act shall to ensure the recruitment or retention of its workplaces are free from discrimination be used to implement, administer, or enforce qualified employees. and sexual harassment and that all of its any regulation which has been disapproved SEC. 613. During the period in which the workplaces are not in violation of title VII of pursuant to a resolution of disapproval duly head of any department or agency, or any the Civil Rights Act of 1964, as amended, the adopted in accordance with the applicable other officer or civilian employee of the Gov- Age Discrimination in Employment Act of law of the United States. ernment appointed by the President of the 1967, and the Rehabilitation Act of 1973. SEC. 612. (a) Notwithstanding any other United States, holds office, no funds may be SEC. 618. None of the funds made available provision of law, and except as otherwise obligated or expended in excess of $5,000 to in this Act for the United States Customs

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Service may be used to allow the importa- States Code, as amended by the Whistle- SEC. 627. Notwithstanding 31 U.S.C. 1346 tion into the United States of any good, blower Protection Act (governing disclosures and section 609 of this Act, funds made avail- ware, article, or merchandise mined, pro- of illegality, waste, fraud, abuse or public able for fiscal year 2002 by this or any other duced, or manufactured by forced or inden- health or safety threats); the Intelligence Act to any department or agency, which is a tured child labor, as determined pursuant to Identities Protection Act of 1982 (50 U.S.C. member of the Joint Financial Management section 307 of the Tariff Act of 1930 (19 U.S.C. 421 et seq.) (governing disclosures that could Improvement Program (JFMIP), shall be 1307). expose confidential Government agents); and available to finance an appropriate share of SEC. 619. No part of any appropriation con- the statutes which protect against disclosure JFMIP administrative costs, as determined tained in this or any other Act shall be that may compromise the national security, by the JFMIP, but not to exceed a total of available for the payment of the salary of including sections 641, 793, 794, 798, and 952 of $800,000 including the salary of the Executive any officer or employee of the Federal Gov- title 18, United States Code, and section 4(b) Director and staff support. ernment, who— of the Subversive Activities Act of 1950 (50 SEC. 628. Notwithstanding 31 U.S.C. 1346 (1) prohibits or prevents, or attempts or U.S.C. 783(b)). The definitions, requirements, and section 609 of this Act, the head of each threatens to prohibit or prevent, any other obligations, rights, sanctions, and liabilities Executive department and agency is hereby officer or employee of the Federal Govern- created by said Executive order and listed authorized to transfer to the ‘‘Policy and Op- ment from having any direct oral or written statutes are incorporated into this agree- erations’’ account, General Services Admin- communication or contact with any Member, ment and are controlling.’’: Provided, That istration, with the approval of the Director committee, or subcommittee of the Congress notwithstanding the preceding paragraph, a of the Office of Management and Budget, in connection with any matter pertaining to nondisclosure policy form or agreement that funds made available for fiscal year 2002 by the employment of such other officer or em- is to be executed by a person connected with this or any other Act, including rebates from ployee or pertaining to the department or the conduct of an intelligence or intel- charge card and other contracts. These funds agency of such other officer or employee in ligence-related activity, other than an em- shall be administered by the Administrator any way, irrespective of whether such com- ployee or officer of the United States Gov- of General Services to support Government- munication or contact is at the initiative of ernment, may contain provisions appropriate wide financial, information technology, pro- such other officer or employee or in response to the particular activity for which such doc- curement, and other management innova- to the request or inquiry of such Member, ument is to be used. Such form or agreement tions, initiatives, and activities, as approved committee, or subcommittee; or shall, at a minimum, require that the person by the Director of the Office of Management (2) removes, suspends from duty without will not disclose any classified information and Budget, in consultation with the appro- pay, demotes, reduces in rank, seniority, sta- received in the course of such activity unless priate interagency groups designated by the tus, pay, or performance or efficiency rating, specifically authorized to do so by the Director (including the Chief Financial Offi- denies promotion to, relocates, reassigns, United States Government. Such nondisclo- cers Council and the Joint Financial Man- transfers, disciplines, or discriminates in re- sure forms shall also make it clear that they agement Improvement Program for financial gard to any employment right, entitlement, do not bar disclosures to Congress or to an management initiatives, the Chief Informa- or benefit, or any term or condition of em- authorized official of an executive agency or tion Officers Council for information tech- ployment of, any other officer or employee the Department of Justice that are essential nology initiatives, and the Procurement Ex- of the Federal Government, or attempts or to reporting a substantial violation of law. ecutives Council for procurement initia- threatens to commit any of the foregoing ac- SEC. 622. No part of any funds appropriated tives). The total funds transferred shall not tions with respect to such other officer or in this or any other Act shall be used by an exceed $17,000,000. Such transfers may only employee, by reason of any communication agency of the executive branch, other than be made 15 days following notification of the or contact of such other officer or employee for normal and recognized executive-legisla- Committees on Appropriations by the Direc- with any Member, committee, or sub- tive relationships, for publicity or propa- tor of the Office of Management and Budget. committee of the Congress as described in ganda purposes, and for the preparation, dis- SEC. 629. (a) IN GENERAL.—In accordance paragraph (1). tribution or use of any kit, pamphlet, book- with regulations promulgated by the Office SEC. 620. (a) None of the funds made avail- let, publication, radio, television or film of Personnel Management, an Executive able in this or any other Act may be obli- presentation designed to support or defeat agency which provides or proposes to provide gated or expended for any employee training legislation pending before the Congress, ex- child care services for Federal employees that— cept in presentation to the Congress itself. may use appropriated funds (otherwise avail- (1) does not meet identified needs for SEC. 623. None of the funds appropriated by able to such agency for salaries and ex- knowledge, skills, and abilities bearing di- this or any other Act may be used by an penses) to provide child care, in a Federal or rectly upon the performance of official du- agency to provide a Federal employee’s leased facility, or through contract, for civil- ties; home address to any labor organization ex- ian employees of such agency. (2) contains elements likely to induce high cept when the employee has authorized such (b) AFFORDABILITY.—Amounts so provided levels of emotional response or psychological disclosure or when such disclosure has been with respect to any such facility or con- stress in some participants; ordered by a court of competent jurisdiction. tractor shall be applied to improve the af- (3) does not require prior employee notifi- SEC. 624. None of the funds made available fordability of child care for lower income cation of the content and methods to be used in this Act or any other Act may be used to Federal employees using or seeking to use in the training and written end of course provide any non-public information such as the child care services offered by such facil- evaluation; mailing or telephone lists to any person or ity or contractor. (4) contains any methods or content associ- any organization outside of the Federal Gov- (c) ADVANCES.—Notwithstanding 31 U.S.C. ated with religious or quasi-religious belief ernment without the approval of the Com- 3324, amounts paid to licensed or regulated systems or ‘‘new age’’ belief systems as de- mittees on Appropriations. child care providers may be in advance of fined in Equal Employment Opportunity SEC. 625. No part of any appropriation con- services rendered, covering agreed upon peri- Commission Notice N–915.022, dated Sep- tained in this or any other Act shall be used ods, as appropriate. tember 2, 1988; or for publicity or propaganda purposes within (d) DEFINITION.—For purposes of this sec- (5) is offensive to, or designed to change, the United States not heretofore authorized tion, the term ‘‘Executive agency’’ has the participants’ personal values or lifestyle out- by the Congress. meaning given such term by section 105 of side the workplace. SEC. 626. (a) In this section the term ‘‘agen- title 5, United States Code, but does not in- (b) Nothing in this section shall prohibit, cy’’— clude the General Accounting Office. restrict, or otherwise preclude an agency (1) means an Executive agency as defined (e) NOTIFICATION.—None of the funds made from conducting training bearing directly under section 105 of title 5, United States available in this or any other Act may be upon the performance of official duties. Code; used to implement the provisions of this sec- SEC. 621. No funds appropriated in this or (2) includes a military department as de- tion absent advance notification to the Com- any other Act may be used to implement or fined under section 102 of such title, the mittees on Appropriations. enforce the agreements in Standard Forms Postal Service, and the Postal Rate Commis- SEC. 630. Notwithstanding any other provi- 312 and 4414 of the Government or any other sion; and sion of law, a woman may breastfeed her nondisclosure policy, form, or agreement if (3) shall not include the General Account- child at any location in a Federal building or such policy, form, or agreement does not ing Office. on Federal property, if the woman and her contain the following provisions: ‘‘These re- (b) Unless authorized in accordance with child are otherwise authorized to be present strictions are consistent with and do not su- law or regulations to use such time for other at the location. persede, conflict with, or otherwise alter the purposes, an employee of an agency shall use SEC. 631. Nothwithstanding section 1346 of employee obligations, rights, or liabilities official time in an honest effort to perform title 31, United States Code, or section 609 of created by Executive Order No. 12958; section official duties. An employee not under a this Act, funds made available for fiscal year 7211 of title 5, U.S.C. (governing disclosures leave system, including a Presidential ap- 2002 by this or any other Act shall be avail- to Congress); section 1034 of title 10, United pointee exempted under section 6301(2) of able for the interagency funding of specific States Code, as amended by the Military title 5, United States Code, has an obligation projects, workshops, studies, and similar ef- Whistleblower Protection Act (governing to expend an honest effort and a reasonable forts to carry out the purposes of the Na- disclosure to Congress by members of the proportion of such employee’s time in the tional Science and Technology Council (au- military); section 2302(b)(8) of title 5, United performance of official duties. thorized by Executive Order No. 12881), which

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.007 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4577 benefit multiple Federal departments, agen- operator of an Internet site and is nec- (1) any of the following religious plans: cies, or entities: Provided, That the Office of essarily incident to the rendition of the (A) Personal Care’s HMO; Management and Budget shall provide a re- Internet site services or to the protection of (B) OSF Health Plans, Inc.; and port describing the budget of and resources the rights or property of the provider of the (2) any existing or future plan, if the car- connected with the National Science and Internet site. rier for the plan objects to such coverage on Technology Council to the Committees on (c) DEFINITIONS.—For the purposes of this the basis of religious beliefs. Appropriations, the House Committee on section: (c) In implementing this section, any plan Science; and the Senate Committee on Com- (1) The term ‘‘regulatory’’ means agency that enters into or renews a contract under merce, Science, and Transportation 90 days actions to implement, interpret or enforce this section may not subject any individual after enactment of this Act. authorities provided in law. to discrimination on the basis that the indi- SEC. 632. Any request for proposals, solici- (2) The term ‘‘supervisory’’ means exami- vidual refuses to prescribe or otherwise pro- tation, grant application, form, notification, nations of the agency’s supervised institu- vide for contraceptives because such activi- press release, or other publications involving tions, including assessing safety and sound- ties would be contrary to the individual’s re- the distribution of Federal funds shall indi- ness, overall financial condition, manage- ligious beliefs or moral convictions. cate the agency providing the funds and the ment practices and policies and compliance (d) Nothing in this section shall be con- amount provided. This provision shall apply with applicable standards as provided in law. strued to require coverage of abortion or to direct payments, formula funds, and SEC. 639. (a) Section 8335(a) of title 5, abortion-related services. grants received by a State receiving Federal United States Code, is amended by striking SEC. 643. (a) The adjustment in rates of funds. the period at the end of the first sentence basic pay for the statutory pay systems that SEC. 633. Subsection (f) of section 403 of Public Law 103–356 (31 U.S.C. 501 note) is and inserting: ‘‘or completes the age and takes effect in fiscal year 2002 under sections amended by striking ‘‘October 1, 2001’’ and service requirements for an annuity under 5303 and 5304 of title 5, United States Code, inserting ‘‘October 1, 2002’’. section 8336, whichever occurs later.’’. shall be an increase of 4.6 percent. SEC. 634. Section 3 of Public Law 93–346 as (b) The amendment made by subsection (a) (b) Funds used to carry out this section amended (3 U.S.C. 111 note) is amended by in- takes effect on the date of enactment with shall be paid from appropriations which are serting ‘‘, utilities (including electrical) regard to any individual subject to chapter made to each applicable department or agen- for,’’ after ‘‘military staffing’’. 83 of title 5, United States Code, who is em- cy for salaries and expenses for fiscal year SEC. 635. Section 6 of Public Law 93–346 as ployed as an air traffic controller on that 2002. amended (3 U.S.C. 111 note) is amended by in- date. Mr. ISTOOK (during the reading). Mr. SEC. 640. (a) IN GENERAL.—Title 5, United serting ‘‘, or for use at official functions in Chairman, I ask unanimous consent or about,’’ after ‘‘about’’. States Code, is amended by inserting after SEC. 636. During fiscal year 2002 and there- section 4507 the following: that the bill through page 95, line 16, be after, the head of an entity named in 3 U.S.C. ‘‘§ 4507a. Awarding of ranks to other senior considered as read, printed in the 112 may, with respect to civilian personnel of career employees RECORD, and open to amendment at any branch of the Federal government per- ‘‘(a) For the purpose of this section, the any point. forming duties in such entity, exercise au- term ‘senior career employee’ means an indi- The CHAIRMAN. Is there objection thority comparable to the authority that vidual appointed to a position classified to the request of the gentleman from may by law (including chapter 57 and sec- above GS–15 and paid under section 5376 who Oklahoma? tions 8344 and 8468 of title 5, United States is not serving— There was no objection. Code) be exercised with respect to the em- ‘‘(1) under a time-limited appointment; or ployees of an Executive agency (as defined in AMENDMENT NO. 9 OFFERED BY MR. INSLEE ‘‘(2) in a position that is excepted from the 5 U.S.C. 105) by the head of such Executive competitive service because of its confiden- Mr. INSLEE. Mr. Chairman, I offer agency, and the authority granted by this tial or policy-making character. an amendment. section shall be in addition to any other au- ‘‘(b) Each agency employing senior career The CHAIRMAN. The Clerk will des- thority available by law. employees shall submit annually to the Of- ignate the amendment. SEC. 637. Each Executive agency covered by section 630 of the Treasury and General Gov- fice of Personnel Management recommenda- The text of the amendment is as fol- ernment Appropriations Act, 1999 (as con- tions of senior career employees in the agen- lows: cy to be awarded the rank of Meritorious tained in section 101(h) of division A of Pub- Amendment No. 9 offered by Mr. INSLEE: Senior Professional or Distinguished Senior lic Law 105–277) shall submit a report 60 days Page 89, strike lines 18 through 20. Professional, which may be awarded by the after the close of fiscal year 2001 to the Of- Mr. INSLEE. Mr. Chairman, this fice of Personnel Management regarding its President for sustained accomplishment or efforts to implement the intent of such sec- sustained extraordinary accomplishment, re- amendment will assure that the Vice tion 630. The Office of Personnel Manage- spectively. President’s budget retains responsi- ment shall prepare a summary of the infor- ‘‘(c) The recommendations shall be made, bility for the electrical costs associ- mation received and shall submit the sum- reviewed, and awarded under the same terms ated with the Vice President’s personal and conditions (to the extent determined by mary report to the House Committee on Ap- residence. propriations 90 days after the close of fiscal the Office of Personnel Management) that apply to rank awards for members of the As Members know in quite a bit of year 2001. controversy recently, the proposed bill SEC. 638. (a) PROHIBITION OF FEDERAL AGEN- Senior Executive Service under section CY MONITORING OF PERSONAL INFORMATION ON 4507.’’. in fact would remove responsibility for USE OF INTERNET.—None of the funds made (b) REGULATIONS.—Section 4506 of title 5, those personal bills, those electrical available in this or any other Act may be United States Code, is amended by striking bills at the Vice President’s residence used by any Federal agency— ‘‘the agency awards program’’ and inserting and shift them away from the Vice (1) to collect, review, or create any aggre- ‘‘the awards programs’’. President’s budget and over to the fi- gate list, derived from any means, that in- (c) CLERICAL AMENDMENT.—The table of sections for chapter 45 of title 5, United nancial shoulders of the United States cludes the collection of any personally iden- Navy. We think that is a big mistake. tifiable information relating to an individ- States Code, is amended by inserting after ual’s access to or use of any Federal govern- the item relating to section 4507 the fol- We think it is a big mistake to remove ment Internet site of the agency; or lowing: accountability while many Americans (2) to enter into any agreement with a ‘‘4507a. Awarding of ranks to other senior ca- are having great problems with their third party (including another government reer employees.’’. own electrical bills, for the Vice Presi- agency) to collect, review, or obtain any ag- SEC. 641. Section 640(c) of the Treasury and dent to remove responsibility finan- gregate list, derived from any means, that General Government Appropriations Act, cially from his budget and shift it includes the collection of any personally 2000 (Public Law 106–58; 2 U.S.C. 437g note) is somewhere else in the Federal Govern- amended by striking ‘‘violations occurring identifiable information relating to an indi- ment. vidual’s access to or use of any nongovern- between January 1, 2000 and December 31, mental Internet site. 2001’’ and inserting ‘‘violations that relate to We would suggest that our amend- (b) EXCEPTIONS.—The limitations estab- reporting periods that begin on or after Jan- ment will benefit three groups of peo- lished in subsection (a) shall not apply to— uary 1, 2000, and that end on or before De- ple by assuring accountability in the (1) any record of aggregate data that does cember 31, 2003’’. midst of this energy crisis remains not identify particular persons; SEC. 642. (a) None of the funds appropriated with the Vice President’s budget: (2) any voluntary submission of personally by this Act may be used to enter into or First, it will help our constituents, identifiable information; renew a contract which includes a provision our citizens. The reason is, is that our (3) any action taken for law enforcement, providing prescription drug coverage, except regulatory, or supervisory purposes, in ac- where the contract also includes a provision citizens now are experiencing, many of cordance with applicable law; or for contraceptive coverage. them, skyrocketing energy costs. In (4) any action described in subsection (a)(1) (b) Nothing in this section shall apply to a my district people are paying 30, 40, 50, that is a system security action taken by the contract with— 60 percent more for their electrical

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.007 pfrm01 PsN: H25PT1 H4578 CONGRESSIONAL RECORD — HOUSE July 25, 2001 bills. My constituents cannot send tainly a small dollar amount, about Now, there is your story. The current their bills for these skyrocketing elec- $180,000, in the context of the Federal Vice President is only using 75 percent trical rates to the U.S. Navy. We do budget. But leadership involves under- as much energy as the last Vice Presi- not think it is the right message to our standing the plight of those who are dent. Yet they try to twist and manip- constituents for the Vice President to led. We have had a lot of people who ulate things to make it appear that say, but I’m going to send my sky- are in tough times right now because of somehow Mr. CHENEY is being irrespon- rocketing electrical bill, and that bill the downturn in the economy and the sible and trying to evade his electric is skyrocketing, to the U.S. Navy. We huge escalation in their energy prices. bill. think it is the wrong message for our Let us help the Vice President dem- There is no truth to such an asser- constituents. So it is good for our con- onstrate that he is in touch with the tion. This is merely carrying out the stituents who expect personal account- needs of ordinary Americans and as- plan that was put in place by the ability in these expenditures. sure that the Vice President’s budget former administration, the Clinton ad- Second, it is good for the U.S. Navy. will in fact remain responsible for his ministration, to have the Navy pick up We have got a lot of service personnel electrical prices. the difference between what Mr. Gore out there who justifiably are not happy Mr. ISTOOK. Mr. Chairman, I move had in his budget to pay his utility bill about their housing, their pay, some- to strike the last word. and what the actual bill was, because it times their health care. It is the wrong Mr. Chairman, I was hopeful that we was far beyond what Mr. Gore had in message to the sailors to be saying could get through this debate without his budget. But, instead, they try to that that budget has got to take on the having an amendment such as this of- twist it where somehow Mr. CHENEY, personal electrical expenses of the Vice fered because I think it is based upon who has reduced the bill, supposedly President’s residence. very misleading arguments and claims. Mr. CHENEY is the one being irrespon- Third, this amendment is good for I would certainly hope that nobody in sible? No matter how it is manipulated, the Vice President. The Vice President this body would want to take a cheap Mr. Chairman, that does not wash. said he has not asked for this change to shot at the Vice President of the I would hope that any person who be made. This idea was not his, appar- United States. The Vice President by tries to use this to embarrass the Vice ently. But the fact of the matter is, law resides at the Naval Observatory President of the United States would and perhaps it is sad to report, but it is here in Washington, D.C. The grounds rethink it and perhaps get a little bit true, there are Americans who are con- are under the jurisdiction of the United embarrassed, if not ashamed, at what cerned about the Vice President’s ap- States Navy. they are trying to do. This is an outrageous argument that parent lack of concern for the crisis in Two years ago, they installed a sepa- we have been hearing on this. It is not energy and some people who have sug- rate meter for the residence. Now, it is based upon accountability of who pays gested that he might be perhaps too not just the residence that comes the bills, because we have the meter, close to the oil and gas industry. through it because there is all the se- we know regardless. We know that the Now, I think it would be beneficial if curity lighting and there is the Secret we can squelch those rumors, those ru- bill is something that is going to be at Service needs. There is a lot more than the taxpayers’ expense, whether it is mors that have come up due to these would normally come under any resi- secret meetings that the Vice Presi- routed through the Naval Observatory dence. Besides that, it is a 33-room account or whether it is routed dent has had with the oil and gas in- building that has the official functions through the Office of the Vice Presi- dustry he now refuses to divulge infor- as well as the residential functions as dent; but the funding was not put in mation about. Let us help him squelch part of it. Mr. Gore’s budget, and the funding was the rumors about that by showing he b 1300 not put in Mr. CHENEY’s budget to pay will be personally accountable in this the entirety of the expense. Either electrical rate crisis. After they installed the meter, Mr. way, the Navy was picking up the dif- Some people have suggested that his Chairman, 2 years ago, they found out ference. comments about conservation, saying that the former Vice President, Mr. Gore, overspent on utilities 220 percent Mr. CHENEY is the one who is being that conservation is just a personal responsible, who is getting by with 75 of his office budget. What they did then virtue but not an economic policy, percent as much energy as Mr. Gore was have the Navy make up the dif- some people have concern that that was using. That is the bottom line, and ference for former Vice President shows too much closeness to the en- that is what we ought to be focusing Gore’s utility bill, which I believe the ergy industry. Let us help him squelch on. those rumors to show he wants to be difference was somewhere in the neigh- I do not yield on something as out- personally accountable and under- borhood of $125,000. rageous as this. I yield back the bal- stands the problems of real Americans In December of 1999, under the former ance of any time. in this regard. administration, the former administra- Mr. FILNER. Mr. Chairman, I rise in Some people have suggested that tion proposed consolidating the utility support of the Inslee-Filner amend- when the Vice President sat for 8 bills of the Vice President’s residence ment. months and did nothing about the elec- with the Navy’s overall utility bills at Mr. Chairman, I thank the gentleman trical crisis in California, Oregon and the Naval Observatory to be under the from Washington for raising this issue. Washington, some people are concerned jurisdiction of the Navy. That proposal We are not trying to embarrass the that that has demonstrated a lack of was carried forward and carried out in Vice President of the United States; we compassion and understanding for the the current budget, and the budget for are trying to embarrass the adminis- plight of people on the West Coast the Vice President was reduced by the tration for not having an energy policy whose energy prices have gone through same amount as we had allocated for for this country. the roof. Let us help him squelch those former Vice President Gore’s utility We are not arguing whether the tax- rumors to show personal account- bills. payer is going to have this bill one way ability for these. Former Vice President Gore went or the other; we are arguing that the And some people have suggested that into the Navy to pay the utility bill people in the West Coast are paying the Vice President’s willingness to drill once they had a separate meter and double and triple the prices they paid in our most pristine wilderness areas found out how much it was. Now we are last year, and they have no help. The demonstrates not being in touch with told that Mr. CHENEY is being irrespon- administration will not step in and do the will of the American people but a sible because the Navy is going to pay anything about their prices, will not do little too close to the oil and gas indus- the bill, which means the taxpayers anything about the energy cartel that try. Let us help him squelch those ru- pay the bill, which was the same people is doing this. mors by showing personal account- that pay it anyway. The Vice President does not have to ability in fact for these obligations of But, yet, Mr. Chairman, what they worry about that. He just asks for a the Vice President’s office. are not mentioning is that Mr. CHENEY shift of the accounts. We are not accus- Mr. Chairman, perhaps this seems is using about one-fourth less energy ing the Vice President of being irre- like a small budget item, and it is cer- than Mr. Gore did at the residence. sponsible; we are accusing the Vice

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.064 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4579 President of being clueless. We have seems to be the administration policy, made by the chairman. We believe that suffered for a year in San Diego, Cali- shift your bills over to the Navy, I am the difference is approximately 15 per- fornia, and the West Coast, with ma- asking all my constituents and all the cent in the last 4 months. If you com- nipulated prices that have doubled and people across the country, send your pare the first 6 months, it is an inter- tripled what we were paying a year bills to the Navy care of the Vice Presi- esting comparison, because the Vice ago. Think of the small business person dent. Here is the address. Send your President, of course, was not in resi- who is paying $700 or $800 a month, and, bills, which have doubled or tripled dence at the Vice President’s residence. 60 days after deregulation, is paying over the last year, to the U.S. Navy, They were refurbishing the residence $2,500 a month. care of Vice President CHENEY, who for the Vice President. I want the Vice President to think lives at what was called the U.S. Naval If you are just comparing the last 4 about the small business person who Observatory. If that is the administra- months, including a hot day yesterday had to close his doors because he did tion policy, let us take advantage of it. and a cool month of June, there was a not have anybody to take his bill up. But I will tell you, if the Vice Presi- 15 percent difference over those 4 And he conserves. I will accept your dent thinks that they can escape a re- months between the two energy costs, premise that the Vice President con- sponsible energy policy, I challenge which is clearly explained by the dif- serves. Our people conserved, and what him to come to the West Coast and ference in weather. happened? Their price went up, and show how he has paid for his electricity But that attempts to respond to an they did not have anybody to bail them bills. alleged attack on the Vice President by out. Mr. HINCHEY. Mr. Chairman, I move attacking his predecessor. Now, I know Sixty-five percent of small businesses to strike the last word. consistency is the hobgoblin of small in San Diego County face bankruptcy Mr. INSLEE. Mr. Chairman, will the minds, but it would seem to be fair to today. We have asked the administra- gentleman yield? the former Vice President not to go tion for help. What about the person on Mr. HINCHEY. I yield to the gen- after these energy costs, as the major- tleman from Washington. fixed income who was paying $40 or $50 ity wants the present Vice President to Mr. INSLEE. Mr. Chairman, I just a month and is facing a bill of $150 to be free of these attacks. wanted to make the point, the gen- $200 a month, and he or she conserved? The gentleman from Washington tleman from Oklahoma was suggesting They are using 30, 40, 50 percent less State pointed out, absolutely cor- that somehow we are personally crit- electricity and their price doubled or rectly, this is not about the Vice Presi- ical of the Vice President’s attempt to dent. This is about the cost of energy. tripled anyway. Do they have the Navy move this accountability over to the This is about a sensitivity that the ad- to bail them out? No. Navy, and that is not our criticism. In We asked the administration, we fact, what we have been told is that the ministration ought to have, that the have asked the Federal Energy Regu- Vice President said this was not his Congress ought to have, to the cost of latory Commission for a year now, idea; and if it is not his idea, I agree heating one’s home, of air conditioning bring us cost-based rates to the West with him, it is a bad idea. He is not one’s home. Coast. That is what went on in this Now, let me correct, if I might, the personally responsible for this. country for almost a century, the cost Neither are we criticizing him for use chairman. The Secret Service is sepa- of production plus a reasonable profit. of electricity in his residence. We are rately metered. The Secret Service has It costs 2 or 3 cents a kilowatt to told he actually has taken some steps its own meter. Why? Because they use produce, the energy companies charge 3 to reduce his electrical usage, and I a lot of electric utilities. They use a lot or 4 cents, and they were making a real think that is great. He should be of security lights, and they are me- hell of a profit there. We were told to lauded for his personal virtue in that tered themselves. So this is not an op- buy utility stocks when we grew up, regard. portunity nor an effort to embarrass that is the safest. That same 2 cents or What we are critical, however, of, the Vice President. 3 cents per kilowatt of electricity was and the point we are trying to make But I will tell my friend, the chair- selling for $3 or $4 recently. here, is that this administration, while man of this committee, with whom I We do not have a free market in elec- shifting accountability to the Navy, is have been working positively, who did tricity on the West Coast; we have a not lifting a finger to help get refunds not serve on all the years from 1995 to manipulated market that is throwing of the billions of dollars that are owed 2001 when there were repeated attempts people out of business, throwing people to our constituents on the West Coast. to embarrass the President and the out of their homes, and the electricity The economic analysis of some folks Vice President on the expenditures in crisis, Mr. Chairman, still exists. indicates we have been overcharged $8 the White House account, repeated at- Prices have gone down recently, but I billion by electrical gougers on the tempts, unlike, I will tell the chair- will tell you the retail prices were not West Coast, although today the Fed- man, as he knows I feel strongly about, affected by that change, and my small eral Energy Regulatory Commission, unlike 1981 through 1989, when Ronald businesses in San Diego and the rest of finally, because we have been pushing Reagan was President of the United California and the West Coast are fac- them, not the administration, they States, and unlike 1989 to 1993, when ing bankruptcy. have finally said we are going to do George Bush the First was President of Now, Mr. CHENEY, who met with the something marginal for California; but the United States. It did not start to Congress, people did not want to hear we are not going to lift a finger for occur, for Members of Congress to go that. Now, I know why they did not Washington and Oregon. after individually either the Vice want to hear it. He did not care wheth- Washington and Oregon need refunds. President or the President on adminis- er the prices went up. He did not care The point we are trying to make is this tration of the House in which they live, if you conserved and your prices went administration, while it is shifting re- until 1995, and it became very popular up. It is not coming out of his budget. sponsibility for electrical rates to the in 1996, 1997 and 1998 to rag on the Just shift the budget over, coming out Navy, will not lift a finger to help us President and the Vice President. of the Navy budget. get refunds in the States of Wash- That is not what this is about. We I would say to the gentleman from ington or Oregon, because of this wor- have a crisis in America, and that cri- Oklahoma (Mr. ISTOOK), we are not ar- shipping at the alter of the free mar- sis is energy costs. Some people in guing whether the taxpayer is going to ket. California and other areas of this coun- pay one way or another. We are not ar- That is the criticism we have of the try are put to the test of whether they guing that Mr. CHENEY is irresponsible. Vice President. We laud him for his are going to pay for an electrical bill or We are saying the administration is conservation. We now want him to get pay for their prescription drugs or pay clueless about the suffering of the peo- busy and help us get refunds in the Pa- for food. ple who live on the West Coast and who cific Northwest. Mr. INSLEE. Mr. Chairman, will the have been paying these outrageous Mr. HOYER. Mr. Chairman, I move to gentleman yield? prices for a year. And we cannot trans- strike the requisite number of words. Mr. HOYER. I am glad to yield to my fer them to the Navy, although I am Mr. Chairman, first of all, I want to friend from the Northwest, from Wash- asking my constituents, since this clarify some of the remarks that were ington State, who has offered this

VerDate 25-JUL-2001 03:59 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.067 pfrm01 PsN: H25PT1 H4580 CONGRESSIONAL RECORD — HOUSE July 25, 2001 amendment, to cogently raise this I have another constituent in my dis- should have refunds of criminal over- issue for all of America, not for the trict who wrote me, saying that they charges. All we are asking is for a de- Vice President. had a child who was very ill and on ox- bate on this issue and a discussion and Mr. INSLEE. Mr. Chairman, I just ygen, and they are struggling to keep a vote. We cannot get it from this want to read to the gentleman an e- their electricity from being cut off be- party. So we have had to use issues mail I got from a guy named Cliff cause they have been unable to pay that come up in other bills to make our Sinden a few months ago. He said, ‘‘I their electricity bills. point. saw the press conference with you and Again, we make choices up here Our point has been made and we are the Senator. The message was the U.S. about how we are going to use our re- going to keep making it until we get it Government won’t do a darn thing for sources. addressed. We are paying double and you, just conserve. I have cut my elec- Now we want to use military funds to triple charges on the West Coast for tric consumption by 50 percent from pay for the electricity bill at the Vice our electricity, not because that is last year, and the next 2 months should President’s home. Well, in southern what the market, the free market gave be even more, with the full effect of my Ohio, we have a saying: ‘‘What is good us, that is because that is what a ma- conservation efforts. for the goose is good for the gander,’’ nipulated market gave us. We have b 1315 and I would like to share with my col- been paying those bills for a year; we leagues some quotes from the Vice have been overcharged between $10 bil- What reward do I get? A $45 increase President that appeared recently in the lion and $20 billion, and we want a re- in my monthly charges.’’ July 17 issue of The New York Times. I fund on those overcharges. I guess it is true that no good deed Ms. DELAURO. Mr. Chairman, I move goes unpunished. read: ‘‘Several weeks ago, Mr. CHENEY said consumers should decide for them- to strike the requisite number of What we are saying by this amend- words. ment is that it is important for the ad- selves whether or not they wanted to conserve electricity based on their Mr. Chairman, just want to really try ministration to have an appreciation of to put this in some perspective with what individual Americans are going ability to pay utility bills.’’ I quote: ‘‘If you want to leave all the lights on in what my colleagues have been saying. through. Sending this signal to them is And what the Inslee amendment is consistent with the rest of the adminis- your house, you can, Mr. CHENEY said. There is no law against it. But you will about is that we are looking at hard- tration’s policies that they do not un- working Americans, and they are fac- derstand the depth of this crisis, and pay for it.’’ What is good for the goose is good for ing sky-high energy bills. that is why we think this amendment We look at the White House wanting the gander. It is unwise and I think un- is important. the Congress to relieve the Vice Presi- conscionable at a time when we are re- Mr. HOYER. Mr. Chairman, reclaim- dent of his high electricity bill. People quiring veterans to pay more for their ing my time, and I thank the gen- have spoken about the Western region prescription drugs, when we are having tleman for the addition to the remarks of our country and the rolling black- constituents communicate with us that I made and that he is making. outs, the record-setting gasoline prices about their ability to keep the elec- I would reiterate what the gentleman in the Northeast and the Midwest, fam- tricity on in their homes, even when just said. This is an issue about us fo- ilies struggling to pay off their energy cusing on what it costs from an emer- they have a sick child in that home, it heating bills, bills skyrocketing over gency standpoint to run the residency is wrong to use military resources for the last several months. We are now of the Vice President and the residency this purpose. looking at scorching summer tempera- Mr. Chairman, I simply would urge of the White House, the President; it is tures, the high air-conditioning bills. us to do the right thing. I do not think not to embarrass either one of them. I The prices have constrained the budg- do not think Vice President CHENEY is this is an attack on the Vice President, ets of our families, everyone. I guess frankly using more or less energy than I really do not. It has been said here here, even including the Vice Presi- Vice President Gore. today that there is evidence that the dent. But we have been calling, my col- What I think we ought to have is a Vice President has made efforts to con- leagues and I, for urgent and long-term focus of this Congress on those costs so serve, and we applaud him for that. But solutions to get some help and get that it shows us very clearly what it there are Americans who are suffering price relief for consumers, additional costs to heat, to air condition homes. I deeply and greatly over this energy funding for LIHEAP, energy efficiency think in that respect, it is a good edu- problem, and this administration has and research. cational amendment and gives us a bet- not responded appropriately, and we It has been stated here that the Vice ter budget focus, and I urge its adop- are just simply saying to the Vice President belittles conservation, little tion. President and to this administration, more than a personal virtue. ‘‘If you Mr. STRICKLAND. Mr. Chairman, I what you expect out of the American want to leave all the lights on in your move to strike the requisite number of people in terms of responsibility and of house, the Vice President said, there is words. paying their own bills, we should ex- no law against it, but you will have to Mr. Chairman, I think this issue is in pect out of the Vice President. pay for it.’’ the larger scheme of things, as we talk Mr. FILNER. Mr. Chairman, will the The fact is that what he is doing is about our national budget, certainly gentleman yield? asking the Navy to assume the burden not a huge sum of resources or money, Mr. STRICKLAND. I yield to the gen- that he has with the high cost of elec- but the most important thing we do in tleman from California. tricity. Unfortunately, millions and this Chamber is to decide how to use Mr. FILNER. Mr. Chairman, I thank millions of Americans do not have that the resources available to us. the gentleman from Ohio for his elo- opportunity. They have to pick up the I am struck by the fact that last quent statement. I would point out to cost of their electricity bills. weekend when I was in my district, I our friends across the aisle, we are It is about relieving the people of met with a veteran who shared with me bringing up this issue on account of the this country of the high cost that they his concern that currently, when he Vice President, and our motives have are facing and being willing to help went to the VA to get his prescriptions been attacked for this. them, and this administration has filled, he pays a $2 co-pay for his pre- I will tell my colleagues, we are a turned a blind eye to the harsh reali- scription, and that is likely to be in- year into an incredible crisis on the ties that our families face. creased to $7 per prescription. He West Coast; and yet, the majority Mr. INSLEE. Mr. Chairman, will the shared with me that he takes 12 pre- party of this House has not allowed a gentlewoman yield? scriptions a month. Going from a $2 debate on this issue. We have not been Ms. DELAURO. I yield to the gen- copay to a $7 copay is a 250 percent in- granted any amendments; we have not tleman from Washington. crease for veterans in order for them to been granted any bills. I wrote to the Mr. INSLEE. Mr. Chairman, just as a be able to get the medicines they need. Speaker weeks ago saying, let us have closing comment, I just want to make Mr. Chairman, we make choices an up or down vote on these issues, of one thing clear. This amendment is not around here all the time about how we whether we should have cost-based about DICK CHENEY. We have no inter- are going to use our resources. rates on the West Coast, on whether be est in embarrassing him. Again, we

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.069 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4581 just want to make clear, this is not have to pay for it.’’ The problem is the fact that the Vice President and about the Vice President personally. that under the provisions in this bill, his family have reduced the cost to the We simply are saying that we want our he will not, while everyone else does. Federal taxpayers with respect to the Vice President, whose idea of this was I would point out also that if we take uses of electricity at the official Vice not his, this was not his idea to put a look at the administration’s jus- President’s residence. How ridiculous this over on the Navy; that is that is tifications for this provision, we find can we get when we stand up and why he is not personally responsible the following sentence: ‘‘The rationale argue, trying to embarrass one party for it. If we do it, it is our responsi- for this requested transfer of responsi- or the other party over the uses of elec- bility. bility is based on the fluctuating and tricity? Here is what we suggest. We just unpredictable nature of utility costs.’’ There is no debate on the merits of think we want our Vice President, Well, as I have tried to make the point, this. If the Vice President’s bill had when a constituent comes up to him at it seems to me that we should not be shot up twice, then maybe we should one of their town meetings that they singling out specific occupants of spe- talk to him about that. Maybe we hold and says, Mr. Vice President, I cific offices in this country for exemp- should send him a message through C– have to wear a parka; I have cut my tion from the volatility of those prices. SPAN or whatever methodology we energy 50 percent, but my bills keep I also note that in an article in The have. going up, we just want our Vice Presi- New York Times, they indicated that But the very facts, the undisputed dent to be able to say, I know what you the White House said that by transfer- facts, are that that is not the case. The mean, mine are too. If we pass this ring all the President’s costs to the power bills are being reduced since amendment, he will be able to say that. Navy, there would be ‘‘no need for the Vice President CHENEY has moved into I hope we can have bipartisan support administration to return to Congress this Naval facility. The question here of this idea and realize this is not the to ask for emergency appropriations, in is whether it is going to be paid for out Vice President’s fault. the event of an exceptionally cold win- of one account or the other account. Mr. OBEY. Mr. Chairman, I move to ter or hot summer.’’ If we are trying to impress someone, strike the requisite number of words. I would point out that it is inter- we ought to impress upon the Amer- Mr. Chairman, as has been said nu- esting that they are interested in ican people what the Vice President merous times, the issue here is not how avoiding the need to ask for a supple- and his family are doing. That is, they much energy the Vice President is mental by burying the cost somewhere are conserving electricity, which is using. No serious-minded person is else, but unfortunately, low-income very, very important. We ought to be going to run around the Capitol as a families in this country who need pro- telling the American people about the light switch cop or an energy police- grams such as the Low Income Heating history of who used power, who left the man. Mr. CHENEY happens to be the Assistance Program are not subject to lights on, who left the computers on. person who occupies the Vice Presi- such delicate considerations. But that is not what we are trying to dent’s residence, but this is not about The budget that the White House has do. We are not concerned about the him, this is about the way the office presented for the Low Income Heating cost of this. We are concerned about itself should be dealt with. What the Assistance Programs this year effec- who is going to pay for it. issue really is here is whether or not tively delivers about $1 billion less Let me tell the Members, a lot of that office is going to be treated the than was delivered last year. So all I people in Alabama watch this program, same as other Americans and whether am suggesting is that I think offices Mr. Chairman. My mother watches it. I the existing occupant of the office will and persons who occupy them ought to will bet she is watching it right now, be treated the same as previous occu- be treated the same as previous and fu- although I did not call her and tell her pants of the office. ture occupants. I was coming down here, or I know she Many Members of this House know would be watching it. that I often quote my favorite philoso- b 1330 But if the American people we think pher, Archie the Cockroach, and one of I also suggest that, as the gentleman are so dumb as they cannot see through the things Archie said once was, ‘‘The said earlier, what is sauce for the goose this charade of an argument, then we cost of living ain’t so bad if you don’t is sauce for the gander. I do not think do not have enough respect for the have to pay for it.’’ That is the issue we ought to be seen as taking actions American people. If Members respect that is at stake today, because if the which exempt persons in government this institution, if they respect the provision in this bill passes, then who- from some of the burdens which are so government, as we have established in ever occupies that residency in present excruciatingly evident as they are ap- this country, if Members respect their or future years will not have to pay for plied to average citizens with respect own constituents, they would not increases in the cost of living, as do to energy prices. waste the taxpayers’ dollars debating other Americans. Mr. CALLAHAN. Mr. Chairman, I this issue for 2 or 3 hours, trying to em- Now, my understanding is that since move to strike the requisite number of barrass one party and trying to say 1999, the energy usage at the Vice words. that this party in power now is doing President’s residence has risen from (Mr. CALLAHAN asked and was something wrong, because they are $83,000 to $135,000, and my under- given permission to revise and extend not. standing is that it is expected to be his remarks.) This is a government facility. It is a $186,000 this year. So what is at stake is Mr. CALLAHAN. Mr. Chairman, I Naval facility. The government has al- a simple question here: will whoever love this institution, and I love this ways paid these bills. The bills are less occupies that residence be insulated body, and I respect this institution. I today than they were this time last from those future increases in costs, respect this body. These halls of the year. We ought to get on with the busi- increases which the average American Capitol are lined with famous people, ness of the state and look at the rest of will not be insulated from? That is the famous art, as in past years, talking the important issues of this particular sole question at issue here, and it has about issues of the day. bill and stop trying to convince people nothing whatsoever to do with whether But with the advent of C–SPAN, we watching this on C–SPAN that some- one likes the Vice President or not. I no longer talk to each other here. We one at the White House or someone at happen to like him. I have known him no longer try to convince each other of the Vice President’s residence is doing since 1965. I consider him to be a good the merits of our argument. We talk to something wrong. He is not. friend and a fine public servant. the television. We are hoping that I compliment the Vice President and But I do note that like all of us, the someone back in Alabama or back in I compliment Lynn Cheney and I com- present occupant of that office has California or back in Wisconsin is pliment his staff for making the effort made statements that he probably watching this, and we can make these to prove to the American people that wishes he had back, and one has been political points and embarrass one side we can conserve by being the example previously cited, when he indicated, or the other. of reducing his power needs at this offi- quote, ‘‘If you want to leave the lights Mr. Chairman, this debate today is cial residence of the Vice President of on in your house, you can, but you almost ridiculous. We are not disputing the United States.

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.072 pfrm01 PsN: H25PT1 H4582 CONGRESSIONAL RECORD — HOUSE July 25, 2001 ANNOUNCEMENT BY THE CHAIRMAN tricity. He is doing his very best as he an up-or-down vote on the refund of $10 The CHAIRMAN. The Chair would carries out his official duties to use the billion to $20 billion of overcharges. like to congratulate the gentleman resources made available to him for They cannot shift their bills to the from Alabama (Mr. CALLAHAN) for ad- those purposes in order to achieve the Navy. They cannot get a supplemental dressing his remarks to the Chair while results the Nation would hope from his appropriation that we just passed last he talked about C–SPAN. He was not office in the most efficient way pos- week that paid $750 million because the addressing the audience. He did a great sible. military had increased electricity bills job on that. Let me submit, Mr. Chairman, that on the West Coast. They got their bills Mr. ARMEY. Mr. Chairman, I move this body pause for a moment to appre- paid for. How come my constituents, to strike the requisite number of ciate and respect the Vice President of the constituents of the gentleman from words. the United States. Let me suggest, Mr. Washington (Mr. INSLEE), the constitu- Mr. Chairman, I was in my office Chairman, that we reserve our chicken ents of the gentleman from Massachu- working, and I happened to have my manure and our cheap shot debates for setts (Mr. FRANK), cannot have their TV on to keep an eye on the floor de- a more appropriate time. overcharges paid? bate. All of a sudden when this amend- Mr. FRANK of Massachusetts. Mr. I will tell the Members, they are ment was brought up, I felt like I was Chairman, I move to strike the req- criminal overcharges. The Federal En- getting a wake-up call, or maybe a uisite number of words, and I yield to ergy Regulatory Commission has found wake-back call to a bad memory. the gentleman from California (Mr. the prices that we pay in California Mr. Chairman, 2 or 3 years ago we FILNER). and the West Coast to be illegal. They had a great debate on this floor. We Mr. FILNER. Mr. Chairman, I thank are illegal. Yet, we have paid them for had a great debate in committee. We the gentleman for yielding to me, and 1 year. had a great debate in conference. In I thank the chairman. I would ask the leader, yes, let us Mr. Chairman, I came in as the ma- this case, it was the tax bill. praise the Vice President, but let us jority leader was praising the Vice A Member of our institution called praise the average people in our dis- President and the hard job that he Congress from the other side of the tricts who are being brought to their building and had a very important does. All of us on this side of the aisle agree with that. It is an august office, knees by these prices. piece of legislation he was pushing, an Mr. FRANK of Massachusetts. Mr. and he is working hard at his job. amendment to the tax bill on chicken Chairman, I yield to the gentleman manure. We debated chicken manure But I will tell the Members, I would say to the majority leader, the small from Washington. for a long time. That member has since business people in my community are Mr. INSLEE. Mr. Chairman, the ma- retired, and I had thought I would not worthy of equal respect for working jority leader has questioned my right be debating chicken manure again. I hard every day, for going to their jobs, or anyone’s right to bring an amend- have to tell the Members, Mr. Chair- for supporting their families, for work- ment of this nature. I will not yield to man, this smells like chicken manure ing 16 and 18 hours a day. They con- him one inch. to me. serve their electricity. They are trying I am not President, Vice President, A few years ago, we had a debate to make their ends meet. They are fac- majority leader, minority leader, com- about ammunition, the cost of ammu- ing an electricity market which puts mittee chair, or ranking member. I am nition to the military. The cost was them out of business. only one Member who understands one too high, some people said. What we Scores of business people in my dis- basic thing about my constituents: needed was some cheap shots. Mr. trict are out of business, I would say to They question whether this adminis- Chairman, I think we have some cheap the leader. That is the tragedy of this tration understands the depth of the shots today. crisis, and 65 percent of all small busi- problems that they are experiencing. The Vice President of the United ness in my county face bankruptcy this I am only here not to do anything States for the last 8 years was a Demo- year. We need to support them. We about Mr. CHENEY, I am just here ask- crat. To my party’s credit, and I want need to talk about the glory of their ing my colleagues to make it so that to thank my colleagues, none of us jobs. the Vice President of the United were small enough to bring an amend- How about the tough life that people States, who works for all of us, Demo- ment like this to the floor to try to on fixed incomes have, trying to make crat and Republican alike, can look embarrass the Vice President of the decisions between cooling their home Americans in the eye and say, my elec- United States, as he inhabits the offi- and having a somewhat comfortable trical bills are going up, too. cial residence of the United States, the evening, even if their thermostats are Mr. FRANK of Massachusetts. Mr. expenses for which are primarily in- set at 78 or 80 or higher; trying to buy Chairman, I would just say in closing, curred on behalf of the official duties their prescriptions; trying to buy their without coming fully on the merits of the Vice President of the United food? Their bill goes up from $40 or $50 here I had not intended to speak, but I States; a high honor, indeed, and an to $150 or $200. was struck by the objection to the no- enormous responsibility to be the Vice They do not have the option, I would tion that this might be embarrassing. President of the United States. say to the majority leader, of asking As one who has been both embar- To have that great office ridiculed on the Navy to pay their bill. These are rassed himself and has sought to em- the floor of this House in a debate that people who have worked their whole barrass others, I regard the right to is reminiscent of the great chicken ma- lives for America. They have been vet- embarrass each other as one of the nure debate of years past, or the great erans. They have supported and raised most cherished parts of American de- cheap shot debate of years past, both of children and grandchildren. They are mocracy. I am sorry to see that right which were debates that had some le- doing their jobs, just like the Vice denigrated, particularly by people who gitimacy in public policy, to have President is doing his job. They are as have freely engaged in it in the past. those debates mocked here today in an worthy of our support and our elo- b 1345 effort to embarrass the Vice President quence as is the Vice President. is disappointing; disappointing I think We have asked the leader and the Mr. LAHOOD. Mr. Chairman, I move for me, because I so love this body and Speaker, we have asked and begged to strike the requisite number of so hope for the best to shine in this them, put on the floor of the House a words. body; disappointing for America, who bill that allows us in our view to help This amendment should be better might ask their children to tune in for these people. If they do not agree with known as the ‘‘cheap shot’’ amend- a civics lesson. it, vote it down, but give us a chance to ment. This amendment demeans the Let me just say this. Irrespective of debate these issues in a realistic fash- House. If you want to talk about en- what has been the record of electrical ion, so we do not have to use such ap- ergy policy, and I am so surprised that utility usage in the White House for propriation bills that they find so dif- Members with as much seniority on the the past 8 years, our current Vice ficult for us to speak on. Committee on Appropriations would President has already demonstrated a Give us an up-or-down vote on cost- have the courage to stand up and speak 28 percent reduction in the use of elec- based rates for the West coast. Give us in favor of this amendment. This

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.075 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4583 amendment demeans the House. It The fact of the matter is, though, equitable would think that an amend- really does, and you know it. that it is a proposal in the budget to ment such as this, which tries to ad- If you want to talk about energy pol- switch presently identified spending in dress the issue of equal treatment, is icy, there is going to be an energy bill one account to another account. somehow ‘‘chicken manure.’’ on the floor next week. If you want to Mr. LAHOOD. Would you be doing I think it is simply revealing of the talk about the lousy policy that Cali- this, would you be supporting this if it mindset which allows people to call a fornia has had, because you know they was Vice President LIEBERMAN? Of tax bill like that equitable, and I am did not have a policy, talk about it course, you would not. You know that. not at all surprised by it. I think the next week. But it does not have any- Nobody on your side would be doing gentleman misses the larger point, and thing to do with paying the utilities by this. We would not be having this de- I am not surprised by that either. But the Naval Conservancy of the official bate. I would simply say that what is at Office of the Vice President. That has This is a way to embarrass this ad- issue here is not as we have said on nothing to do with this. ministration. That is what it is. You do countless occasions, it is not what we If you think we need an energy pol- not have any other way to embarrass think of the existing occupant of the icy, take a look at the Bush-Cheney en- him, so you trot out this stupid amend- Vice Presidential office. The issue is ergy policy. They have one. And I ment. whether the second most powerful per- think the gentleman from Texas (Mr. ANNOUNCEMENT BY THE CHAIRMAN son in the land should be exempted BARTON) and his subcommittee are The CHAIRMAN. The Chair wishes to from the same inflationary costs which going to trot it out here next week. If inform Members that they should avoid are applied to every other citizen in you do not like it, bring out an amend- references to Members of the other this country. That is the issue. ment. If you want more LIHEAP body. The issue is not whether we are try- ing to embarrass the Vice President or money, bring out an amendment. If Mr. LAHOOD. How much time do I you want to talk about who should pay have, Mr. Chairman? not. We did not propose the change the utility bills, bring out an amend- The CHAIRMAN. The gentleman contained in this legislation. The White House did. The only way you can ment. Not on this bill. This demeans from Illinois has 11⁄2 minutes remain- the House. Do not try to discredit the ing. object to a change proposed by the Vice President. Mr. LAHOOD. Mr. Chairman, I suggest White House, if it is carried in a bill This is a shell amendment to try and to the House, and I am not going to like this, is to offer an amendment to demean the Vice President of the yield to anybody else, you have had delete it. That is exactly what we are United States. I wonder if you would be plenty of time to demean the House. doing. And for us not to offer this doing this if your friend Senator This amendment demeans the House. It amendment would be to acquiesce in the pervasive acceptance of inequality LIEBERMAN had been elected Vice demeans this bill, and it demeans all President. I doubt if this amendment the Members of the House who vote for and inequity which has become, unfor- tunately, all too routine under the would be on the floor today if Senator it. leadership of this House. LIEBERMAN were Vice President So I would suggest that the Members Mr. FILNER. Mr. Chairman, will the LIEBERMAN. It would not be, and you of this House vote against this amend- gentleman yield? know that. ment and send a message you cannot Mr. OBEY. I yield to the gentleman We need an energy policy. We need to trot out amendments just to embarrass from California. pay attention to energy. Nobody would a constitutional officer in the country, Mr. FILNER. Mr. Chairman, I thank dispute that. But you do not do it by the second highest ranking constitu- the gentleman for yielding to me. trotting out an amendment trying to tional officer. And, really, what it does, The gentleman from Illinois earlier embarrass the Vice President of the it demeans all of us. We have got better had said that this amendment demeans United States things to do around here than to take the House. I take what the gentleman Mr. HOYER. Mr. Chairman, will the a cheap shot at the Vice President. says very seriously, because he has gentleman yield? This is the ‘‘cheap shot’’ amendment. worked for this House, this institution, Mr. LAHOOD. I yield to the gen- Vote it down. and loves this institution; and I know tleman from Maryland. PREFERENTIAL MOTION OFFERED BY MR. OBEY that. But I would say to the gentleman, Mr. HOYER. I thank my friend for Mr. OBEY. Mr. Chairman, I offer a we would be bringing up these amend- yielding, and he is my friend, and I re- preferential motion. ments on energy bills if we were al- spect him because he cares about this The CHAIRMAN. The Clerk will re- lowed to by the majority. institution. port the motion. I would like you, Mr. LAHOOD, to go Mr. LAHOOD. Absolutely. The Clerk read as follows: with me to the Committee on Rules Mr. HOYER. I do not know if he was Mr. OBEY moves that the Committee do when this energy bill you spoke of does speaking about me, I did not offer this now rise and report the bill back to the come up, and ask them to give us the amendment; but I will tell my friend, House with the recommendation that the en- amendments that we have asked for. A, this is an amendment that was of- acting clause be stricken out. Ask them to give us the amendments fered by the administration in its budg- The CHAIRMAN. The gentleman for cost-base rates in the West; ask et to shift the objective of spending from Wisconsin (Mr. OBEY) is recog- them to give us the amendments for from one account to the other. nized for 5 minutes in support of his overcharges; ask them to give us the Mr. LAHOOD. Reclaiming my time, motion. amendments that we have sought. Mr. Chairman, I would just say to the Mr. OBEY. Mr. Chairman, I yield my- I have written to the Speaker weeks gentleman that this amendment says self such time as I may consume. ago to say schedule a bill that treats the Secretary of the Navy cannot pay The distinguished majority leader this crisis. We have been here for a the bill. That is not the amendment suggested that this amendment is, in year with this crisis, and have you re- that was offered by the administration. his inimitable styling, chicken ma- sponded? No. That is what demeans the You know that. nure. I would say that the issue of eq- House, our inability to talk about a This amendment is being offered to uity in a democracy is not ‘‘chicken crisis affecting America except in this try and embarrass the Vice President manure,’’ it is fundamental to our abil- context. because some people around here think ity to govern in a democracy with a Mr. HOYER. Mr. Chairman, will the the administration does not have an very large mistrust of government and gentleman yield? energy policy. Well, we do have an en- public officials. Mr. OBEY. I yield to the gentleman ergy policy, and we are going to debate I can understand why someone who from Maryland. it next week. thinks that a tax bill that gives $53,000 Mr. HOYER. I thank the ranking Mr. HOYER. Mr. Chairman, will the in tax cuts to the wealthiest 1 percent member for yielding. gentleman continue to yield? of people in this society while it denies PARLIAMENTARY INQUIRY Mr. LAHOOD. Of course. any tax cut whatsoever to 25 percent of Mr. BARTON of Texas. Parliamen- Mr. HOYER. The gentleman did not the people who make less than $26,000 a tary inquiry, Mr. Chairman. How much allow me to finish. year thinks that kind of a tax bill is more time remains on the 5 minutes?

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.078 pfrm01 PsN: H25PT1 H4584 CONGRESSIONAL RECORD — HOUSE July 25, 2001 The CHAIRMAN. Does the gentleman with such an obvious ploy trying to Member of this body in a collective from Wisconsin, who has the floor on a take a cheap shot at the Vice President manner without being allocated or preferential motion, yield for that pur- and then stand up in front of the Na- billed to the individual Members. pose? tion, in front of this body, Mr. Chair- Mr. KINGSTON. Who runs the Cap- Mr. OBEY. No, I do not. I would pre- man, stand up and try to say, oh, we itol Hill Historical Society or the Ar- fer to stick to the rules of the House. are not trying to embarrass the Vice chitect? Is that billed to the Congress? The CHAIRMAN. The gentleman President. Malarkey. Do not insult Mr. ISTOOK. The Architect of the from Wisconsin (Mr. OBEY) has yielded people’s intelligence that way. Capitol is part of the Legislative to the gentleman from Maryland (Mr. If you were sincere, and you said, Branch budget. HOYER). well, we just want to make sure that Mr. KINGSTON. I think one thing we Mr. HOYER. As I started to say, I the Vice President is accountable for have to accept as Members of govern- have a great affection and respect for the utility bills, then you would have ment is that there is a lot of cross bill- my friend from Illinois, and we are said he will pay the bills instead of ing and overlap. friends; but I have served a long time having the Navy pay them, as Mr. Gore Here we are in the Legislative in this body. He has been here a long did; he will pay the bills and we are Branch and we get the medical services time as well. I do not believe I have putting money back in the budget to from the Navy. We have the Historical ever tried to demean this House, and I enable him to do so. Because the Society services that provide part of hope he thinks I never would. money that was allocated to Mr. Gore the touring of the United States Cap- Now, this is not my amendment; but to pay his utility bills, which was itol, our own office, and it is protected as I started to say to him, this is an $43,000 a year, has been backed out of by the Capitol Hill Police. amount which speaks to a legitimate the Vice President’s budget. Mr. ISTOOK. Reclaiming my time, legislative perspective, that is to say In addition to that, over the last cou- the gentleman is correct about cross whether or not an expenditure should ple of years, the Navy paid over $200,000 billing. We can look at the White be in one section of the bill or another. to pay the utility bills of Mr. Gore’s House. There is a memorandum of un- This is a substantive issue. This is residence. Did they offer an amend- derstanding at the White House be- whether or not we should pay the util- ment that says the Vice President is tween literally dozens of different Fed- ity bills of the Vice President’s resi- going to be accountable for his own eral agencies because they all become dence out of the Vice President’s office bills and we will have the money in his interrelated trying to provide the nec- account or we ought to pay it out of budget so that he can do so? No. essary services to the person that is the Navy’s account. The effect of this is they want to the Chief Executive and the Com- Nobody on this floor, nobody, has de- strip money out of the Vice President’s mander in Chief of the United States of meaned the Vice President. I have not budget so he has to choose between America. So too with the Vice Presi- heard one adverse word about the Vice paying the electric bills or doing the dent. There is a whole collection of en- President on this floor. This is a legiti- job that he was elected to do, because tities that become involved in allowing mate objective of legislators. You may they will take away facilities, they will him to do his duty. disagree with the amendment, but it is take away staff, they will take away Mr. Chairman, I oppose the motion to not a demeaning amendment. whatever it is. The money is not in the rise. The CHAIRMAN. The time of the Vice President’s budget to pay his util- The CHAIRMAN pro tempore (Mr. gentleman from Wisconsin (Mr. OBEY) ity bills. That was what was proposed GUTKNECHT). All time has expired. has expired. Does a Member seek rec- by the Clinton administration, to say The question on the preferential mo- ognition in opposition to the motion of have the Navy do it. That is what is in tion offered by the gentleman from the gentleman from Wisconsin? this. Wisconsin (Mr. OBEY). Mr. ISTOOK. I do, Mr. Chairman. And what they are really trying to do The question was taken; and the The CHAIRMAN. The gentleman is say we want to prevent the Vice Chairman announced that the noes ap- from Oklahoma (Mr. ISTOOK) is recog- President from doing his job. Oh, but peared to have it. nized for 5 minutes in opposition to the we are nice and clean and pure. We are The CHAIRMAN. For what purpose motion of the gentleman from Wis- not mean-spirited people at all. They does the gentleman from Texas rise? consin. are caught. They are caught embar- Mr. BARTON of Texas. Mr. Chair- Mr. ISTOOK. Mr. Chairman, I yield rassed in front of the country trying to man, I move to strike the requisite myself such time as I may consume. take a cheap shot and come back and number of words. Mr. Chairman, it would make no sense try to justify it. Mr. LAHOOD. Mr. Chairman, I de- for this committee to rise at this time You can dress up a pig in as many mand a recorded vote. to let people try to distract us from the dresses and designer costumes as you Mr. BARTON of Texas. Mr. Chair- important work of this House. I realize want, Mr. Chairman, but it is still a man, I had the recognition. I asked to that there is no rule that says you can- pig. strike the requisite number of words not offer a mean-spirited amendment. before the gentleman from Illinois (Mr. 1400 Now, there is no rule that says you b LAHOOD) was recognized. cannot take a cheap shot. There is no I am not about to kiss this pig. Vote The CHAIRMAN. A recorded vote has rule, as the gentleman from Massachu- no on any motion to rise and vote no been requested. setts suggested, that says you cannot on the amendment itself. A recorded vote was refused. try to embarrass somebody, whether it Mr. Chairman, I yield to the gen- Mr. BARTON of Texas. Mr. Chair- is justified or not. No, there is no rule tleman from Georgia (Mr. KINGSTON). man, I move to strike the requisite that requires us to use common sense Mr. KINGSTON. Mr. Chairman, it number of words. in this body. There is no rule that re- strikes me as odd that here we are in (Mr. BARTON of Texas asked and quires Members of this House to have the legislative branch. As I recall, in was given permission to revise and ex- an electricity meter outside the door of this building, which is our office, we tend his remarks.) their office so that their constituents have a protection service, an excellent Mr. BARTON of Texas. Mr. Chair- can see how much energy are they con- protection service, the Capitol Hill Po- man, I want to direct the Members’ at- suming. There is no rule that says they lice. Is that billed, so to speak? tention to the word that is carved in cannot ask all their constituents to That is billed in a separate account. the cabinet that is right here before us. mail to them the people who either did Maybe we should look at that. It cannot be read too well, but it is tol- the wrong things or did nothing to let Who provides the medical services, erance. I want to speak a little bit utility rates and fuel prices go up. the doctor for the Congress? Is that not about tolerance, and I want to speak a There is no rule that says you cannot the Navy? little bit about facts. send them your utility bill or your Mr. ISTOOK. In short, as the gen- Facts are troublesome things but electric bill. tleman from Georgia (Mr. KINGSTON) they are facts. The fact is that we use It saddens me, Mr. Chairman, it sad- knows, there are a great number of about 100 quads of energy in this coun- dens me to hear people being caught services that are provided to each try every year. A quad is a quadrillion

VerDate 25-JUL-2001 03:47 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.084 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4585 BTUs. That is a fact. The fact is we be a part of that. But I am not willing have this debate. We want to have this produce only about 70 quads. Subtract to be a part of this particular amend- debate over energy conservation and 70 from 100 and we have a deficit of ment being considered as a serious energy efficiency, and we have been de- about 30. Thirty quadrillion BTUs of amendment. It is really an amendment nied it. energy that this Nation is importing. made in order to try to highlight an That same amendment was part of That is a lot of energy. issue that we are going to have a lot of the staff consensus bill in the Sub- Most of that is in the form of oil, but opportunity in the next week and in committee on Energy and Air Quality not all of it. We import electricity. We the next months to highlight. I hope of the Committee on Energy and Com- import natural gas. We import ura- we vote against this. merce that would have required the nium to be refined into enrichment I am working with the gentleman Federal Government to purchase en- rods for our nuclear power plants. The from Washington (Mr. INSLEE). He is a ergy-efficient air conditioners. It was only thing we do not import in terms champion of something called real- taken out at the subcommittee basi- of energy is coal. We are a net exporter time metering and net metering. That cally on a party-line vote; a party-line of coal. will be in a bill that will come out of vote saying we do not require the Fed- Some of the gentlemen that are sup- my subcommittee hopefully in the next eral Government to purchase energy- porting this particular amendment by 6 weeks. He will be a part of that proc- efficient air conditioners. the gentleman from Washington State ess. It is my hope the amendment will be (Mr. INSLEE) have been talking about My friend, the gentleman from Cali- permitted on the floor next week when the lack of an energy policy. We are fornia (Mr. FILNER) has very eloquently we discuss the energy bill. But make going to have that bill on the floor depicted the plight of some of his con- no mistake about it, many of us on this next week. The major committees in stituents in southern California. We side of the aisle believe there is a prob- the House reported it out last week. tried to put together a package for lem and that we, as the Federal Gov- The Committee on Science reported it that earlier in the year. It floundered ernment have to purchase, energy-effi- out by voice vote. That shows a little primarily on the fact that we could not cient air conditioners. bit of tolerance there and a little bit of get a consensus on price caps and we Mr. Chairman, in this Chamber we bipartisanship. tried. We tried to get a consensus on can talk the talk all we want; but until The Committee on Energy and Com- price caps and we could not get it. the Federal Government walks the merce where I am a subcommittee We may have that debate again next walk, the American people are not chairman, we reported it on a 50 to 5 week on the floor, and, if so, we will going to believe us. Many Americans vote. The gentleman from Virginia have a spirited debate and let the votes believe that elected officials say that is (Mr. BOUCHER) and the gentleman from fall where they may. a problem for Middle America, but we Michigan (Mr. DINGELL) and others But on this amendment we should are politicians, we are going to take voted for the bill. That shows a little vote it on down and move on to the care of ourselves. That is what it looks bipartisanship there. more substantive parts of the bill. like to the American people. Until we The Committee on Ways and Means Mr. BARRETT of Wisconsin. Mr. as a Congress say we will lead this was a little bit tougher. It was a party Chairman, I move to strike the req- fight and try to do more to conserve line vote. The Committee on Resources uisite number of words. energy, the American people are not was a bipartisan vote. Mr. Chairman, I think like many going to buy it. I support the gentle- Those bills are being packaged to- Americans, when I first saw the arti- man’s amendment. I think it is a good gether and it will be on the floor next cles in the paper about problems that amendment because I think it strikes week, we think, on Wednesday. There the Vice President was having at his at the heart of the matter. will be a lot of amendments made in residence and his attempt to have the To say that somehow it is not offered order, some by Democrats and some by cost shifted to the Navy, what struck in good faith is wrong. Remember this Republicans. We will have that debate me more than anything was, wow, that change was requested by the adminis- on energy policy beginning next week. is an expensive place to live. I was just tration. The only way to get this lan- My subcommittee this fall will put amazed at how expensive it was. I guage out of the bill is to offer an together an electricity restructuring started thinking about the time of year amendment on the floor. That is ex- bill, a pipeline safety bill, a nuclear when we are talking about his bills and actly what my friend from Washington waste bill, a hydroelectric reform bill. the major component, of course, is did. I hope most Members, a majority Hopefully, we will get bipartisanship, a going to be air conditioning. It is sum- of Members in this Chamber vote little tolerance, and we will put those mertime. We are here in Washington, ‘‘yes.’’ It is good public policy. bills on the floor sometime this fall or D.C. Mr. Chairman, next week we can next spring. As I listened to this debate in my of- move on to the real debate which is So we will have our energy debate. fice, I was struck by the fact that I had how do we as the Federal Government We will have our energy policy. I think an amendment to this bill that the make sure that we purchase energy-ef- the House will do what it is supposed Committee on Rules would not con- ficient appliances. to do and pass much of that and send it sider in order which would require the ANNOUNCEMENT BY THE CHAIRMAN PRO to the other body and hope that they Federal Government when it purchases TEMPORE work their will. air conditioners to purchase energy-ef- The CHAIRMAN pro tempore. The The particular pending amendment is ficient air conditioners. Chair would admonish Members to re- kind of cute. Nobody can deny that. It Now, the gentleman from Illinois frain from mentioning Members of the gives people a forum to vent their frus- said this was a cheap-shot amendment, other body by name. tration. Nothing wrong with that. and would not be considered if Mr. Mrs. NORTHUP. Mr. Chairman, I Nothing illegal. But is it really worth- LIEBERMAN were Vice President. Well, move to strike the requisite number of while? I think not. it would just come from the other side words. If we want to do some cute things of the aisle. This amendment was going Mr. Chairman, I think it is important look at the lights right up here. Some to be debated regardless of who was to recognize how we got here. We got of the most energy inefficient lights in Vice President, it was just who was here because we changed the way we the country are lighting this debate so going to have this amendment. measured the use of electricity and the to speak. The point, this Navy Observatory use of power at the Vice President’s The powerplant that provides the residence is a Federal facility, and it residence. It turns out that the Navy electricity is an old coal and oil-fired should be using energy-efficient air has been subsidizing the Vice Presi- powerplant two blocks from the Cap- conditioners. I tried to put in a public dent’s use of electricity for years, for itol that many in the neighborhood policy amendment to this bill to re- years, all of the time with the previous think is an environmental hazard. If we quire the GAO to purchase energy-effi- administration. want to engage in the kind of debate cient air conditioners. It was denied ac- Mr. Chairman, we are trying to make where we begin to point fingers, let us cess. So when I hear people say we are sure that we address this fairly. I have point at ourselves first. I am willing to going to have this debate, we wanted to to say that I believe that it would have

VerDate 25-JUL-2001 03:59 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.090 pfrm01 PsN: H25PT1 H4586 CONGRESSIONAL RECORD — HOUSE July 25, 2001 been nice if the previous administra- in Washington, D.C. despite energy this was going on and happening under tion had had a strategy to address en- bills and acrimony and what is in your Bill Clinton with no action by FERC? ergy for everybody. We all wanted a best political future, and for staying But now we have another President, strategy. They had no strategy, and here and doing the job. the finger points, ‘‘Well, how about now we do have a crisis. Many of our ANNOUNCEMENT BY THE CHAIRMAN PRO caps?’’ Caps do not produce one ounce constituents are paying for it. TEMPORE of energy. I appreciate the gentleman that The CHAIRMAN pro tempore. Mem- We have a President now that has an talked about our senior citizens on a bers are reminded to address their re- energy plan. We ought to get behind it fixed income and people of moderate marks to the Chair. and pass it. We have gone to a very income, and small businesses that are b 1415 positive plan. But I want to tell my closing down. They all could have used colleagues, we doubled our population Mr. CUNNINGHAM. Mr. Chairman, I a long-range energy strategy, and it in the last 12 years in California. Most move to strike the requisite number of failed to materialize with the last ad- States cannot claim that. We have. But words. ministration. That is why our constitu- Mr. Chairman, I think it has been at the same time we have been forced ents are suffering. I appreciate that the well documented the problems we are to shut down existing oil and gas refin- current Vice President has a strategy, having in California with energy. My eries. We have been prevented and even that he is working hard to make sure colleague from San Diego talks about shut down many of the electricity gen- that every American’s bills come down. his constituents. I think he works very erators by the same type of radical en- I appreciate that he is conserving en- hard for his constituents. But I would vironmentalists that shut off all the ergy and using less than the previous ask the gentleman from California, water in Klamath that put 40 percent Vice President so that what he advo- when Bill Clinton had this problem, for of the farmers out of business up there. cates in conservation he is also dem- a year and a half, a year and a half, They do not care. onstrating by his own actions. But the there were no calls for price caps. But Where were my friends then when we fact is that we did not have an admin- now that we have a new President, the said, hey, we need more power for long- istration that addressed these causes. political expediency is to say, ‘‘Well, term planning? They were silent, the In fact, last year the Vice President let’s have caps,’’ to shift the blame. same people that are still trying to moved out of his residence and re- I would say that, under President shut down hydroelectric in northern minded us every day that he had moved Clinton’s rule, for 8 years there was no California, in Washington and in Or- to Tennessee, while the American peo- energy policy and now we are devel- egon for fish. ple continued to pay high energy costs oping a policy that looks long term, We say, ‘‘Let’s build spillways around on his residence at the Naval Observ- that is a balance between exploration, so we can still have it.’’ But, no, to the atory. technology and, yes, conservation and extremists, to the radical environ- So they got hit two ways. They had energy effiency. Bill Clinton’s FERC mentalists, energy and water means nobody that was addressing energy pol- was nonexistent. Where were my col- growth, and they want to stop all icy, and they were paying these energy leagues on the other side calling for growth. costs. caps when FERC, in my opinion, did Where were my friends from Cali- The fact is that we are trying to ad- not do their job and let the horse out of fornia then pointing the finger for dress this now. We have an energy pol- the barn that caused many of the prob- their constituents for a long-term icy. We know the Vice President needs lems we are in right now? plan? We warned that this was going to the staff, he needs to be able to do his George Bush appointed a FERC, and happen. We are going to double our job. That is why the American people already they have started to act to population in California over the com- support the Vice President and the Of- control prices, and I think FERC has ing decides. If we do not have this long- fice of the Vice President. saved a lot of the ratepayers money in term plan for infrastructure, for con- We are glad that he has decided to the State of California. We have al- servation, for technology, for explo- stay in Washington and do his work in- ready seen some of the prices come ration, then we are going to really be stead of moving home like last year’s down. Some of that is because of the in a problem. Vice President did. As far as his own conservation of California residents But, no, they just want to say caps, personal bills, he does have a residence who have seen that it is a way to bring let us bring a caps bill to the floor so in Wyoming where he came from, and their prices down. they can point at the White House, who he is paying the higher bills just like Pete Wilson first came up with the was in business one day and they start- every other American is all over this idea, Governor Wilson, a Republican, ed pointing the fingers at the White country. He is paying the higher bills for deregulation. But then we went to House. that he is incurring in the residence Gray Davis, the Governor, and said, if The White House has helped. that he owns. you allow this deregulation, but you do The CHAIRMAN pro tempore (Mr. But just like every other American not allow for long-term purchasing GUTKNECHT). The question is on the that goes to work someplace else than contracts, it is going to kill San Diego. amendment offered by the gentleman the home they own, the business, and In where my friend from San Diego from Washington (Mr. INSLEE). in this case the government, is cov- lives, as I do, San Diego Gas and Elec- The question was taken; and the ering those expenses. That is the way tric is a private company. They cannot Chairman pro tempore announced that every other American is treated. We buy public power unless there is an ex- the ayes appeared to have it. certainly never send a bill to our cess. Of course, there is no excess. And Mr. ISTOOK. Mr. Chairman, I de- Armed Forces when they live in our when we put ourselves at the mercy of mand a recorded vote; and, pending barracks and our inadequate housing outside resources, which has happened, that, I make the point of order that a on our bases and tell them to pony up then we end up in the situation we are quorum is not present. for more of the energy costs, and we in right now. The CHAIRMAN pro tempore. Pursu- should not do that for anybody else We warned Governor Davis. Governor ant to clause 6 of rule XVIII, further that has to be away from the home Davis came in with a $4 billion surplus proceedings on the amendment offered they own to go to work. and increased that after we balanced by the gentleman from Washington He is here. He is using less energy. He the budget because we sent more (Mr. INSLEE) will be postponed. is addressing himself to an energy pol- money to the States. Now the State is The point of no quorum is considered icy for the first time that will bring all bankrupt. There is no money for edu- withdrawn. American’s prices down. cation. There is no money for health AMENDMENT OFFERED BY MR. HINCHEY Thank you, Mr. Vice President, for care for the people of California. There Mr. HINCHEY. Mr. Chairman, I offer the restraint you have shown, for the is no money for transportation, be- an amendment. hard work in leadership to stop talking cause he has bankrupted the State. We The Clerk read as follows: about a problem and put an action plan want our State back. Amendment offered by Mr. HINCHEY: together, and to have the courage for I would say, where were my col- Page 89, strike lines 21 through 23 (section doing that. And thank you for staying leagues pointing the fingers when all of 635).

VerDate 25-JUL-2001 03:47 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.093 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4587 Mr. HINCHEY. Mr. Chairman, this particularly adept at serving special We have a good bill. We have a good amendment strikes section 635 from interests. balance from the President. We have the bill here before us. In that section, Now we have meetings at the Vice bipartisan support. What we need to do the administration has proposed a new President’s residence sponsored by we is focus the energy of my colleagues on provision that allows the Secretary of do not know who, sponsored by perhaps the other side. The gentlewoman from the Navy to accept gifts of food, bev- Enron and Exxon meeting on energy California (Ms. LOFGREN) and I are sup- erages, table centerpieces, flowers or issues, we can see the banners hanging porting a bill on fusion. We have got 11 temporary outdoor shelters for official over the room now; sponsored by Ar- nations involved in that. With the help functions at the residence of the Vice cher-Daniels-Midland on issues relat- of the gentleman from Massachusetts President. ing to agriculture; on meetings of so- (Mr. MARKEY), we actually got some What exactly does the term ‘‘official cial policy sponsored by the Cato Insti- things into the bill of the gentleman function’’ mean as it relates to this tute. from California (Mr. THOMAS) to give provision? What it means is among This is wrong. We ought not to have tax relief to people that conserve en- these: this crass kind of commercialization ergy. Yet my colleagues want to talk Dinners hosting foreign dignitaries; polluting the Vice President’s resi- about stuff like this. I think it is ridic- receptions for visiting officials of dence. Meetings that occur there ought ulous. States, territories or political subdivi- to be free and clear of inappropriate Mr. HOYER. Mr. Chairman, I move to sions thereof; picnics hosted for resi- outside influence. Meetings that occur strike the requisite number of words. dents of the U.S. Naval Observatory or there and decisions that are made Mr. Chairman, first of all, let me re- the U.S. Secret Service protective de- there ought to be based on the merits spond to what I perceive to be the un- tail; and meetings on policy matters or exclusively, entirely; and they ought fortunate assertion of the gentleman official social events with Federal not to be subject to the kind of outside from California with reference to cor- agency heads, Members of Congress or influence that these meetings will in- ruption. He uses that word awfully with private persons. evitably be if we allow this provision to lightly. No such things were ever This language in the bill before us prevail. frankly as I recall asserted even. They Mr. CUNNINGHAM. Mr. Chairman, I raises some very serious questions. We may have asserted that there was an move to strike the last word. I will not know that executive branch employees overuse, but the word corruption I can- take 5 minutes. cannot accept such gifts. We know that not recall being used. I think it was un- Navy personnel cannot accept gifts We are all concerned about elec- tricity costs, but let me tell Members fortunate that the gentleman from particularly from people who are seek- California used it. There is no such ing to influence them. Frankly, as an some of the things that the Vice Presi- dent and the President are not doing. proof of any of that allegation. ex-serviceman, particularly as a former The gentleman from Illinois talked enlisted Navy veteran, I am deeply They are not holding 400 Lincoln Bed- room lavish dinners for campaign con- about demeaning the House. I did not troubled by the idea that the Navy is tributors every single day for millions really get into it, but let me tell you, going to be funneling special gifts from of dollars for the DNC. They do not for the last 6 years we have heard rhet- private persons and private entities to have John Huang, Trie and Riady that oric like that. The chances of this pro- the Vice President of the United are agents for the Chinese government vision being included in this bill if it States. It also means that the White and then sign an executive order giving were Vice President Gore, the Vice House can only accept food and drink missile secrets away to the Chinese. President of the United States, are in very limited circumstances, such as They are not holding these lavish par- zero. the annual Christmas party. ties. I do not say that because I speculate Yet this provision, the provision that There is a controlling authority, a or that is my opinion. It is because I I am seeking to strike from the bill, legal controlling authority in the Vice served on this committee for the last 6 gives the green light to the Vice Presi- President’s office now, unlike the Vice years. dent to accept food and drink from pri- President that made fund-raising calls b 1430 vate persons who come to meet with out of there and then charged it to the I saw the attention to detail and the him on policy matters. It is hard to taxpayers. So when you want to point objections that were raised repeatedly fathom why the administration feels fingers, where were you pointing fin- by this committee’s majority on ex- the need for this provision. I hope that gers with the Clinton-Gore administra- penditures and fine-tooth-comb anal- the President’s tax cut has not left us tion? Oh, no, they were silent. in such condition that we need to be But when you talk about costs, let us ysis of those expenditures. This is not seeking these kinds of gifts from out- be realistic. The Vice President is try- about corruption. This is about policy. side persons, particularly from cor- ing to do everything he can to diminish Now, I am not going to get deeply porations seeking favors from the ad- the cost. The President has assigned into this debate, but I do want to re- ministration. the military a 40 percent goal of energy spond as forcefully as I know how to Currently, the entertainment and re- reduction. In California, they are al- the assertion that somehow these ception costs incurred in the Vice ready doing that. We were at Camp amendments are different than amend- President’s residence for official func- Pendleton. We were at other military ments that have been offered in the tions are funded with appropriated dol- bases. They have shut the things down. past by the majority when the other lars, and that is as it should be. Food That is the same thing the Navy is party, my party, was in control of the and beverage at the Vice President’s doing, by reducing consumption. The White House and the Vice Presidency. residence cost less than $50,000 a year. President is doing that. So is the Vice Very frankly, we can debate these on Surely we can afford to appropriate President. But my colleagues want to policy grounds; I think that is appro- these funds so that the Vice President talk about increased costs and shifting priate. does not need to take handouts from the blame. There is no assertion here that the corporations trying to curry favor with The whole Clinton-Gore administra- Vice President has done something the administration. tion last year, over the last eight wrong because they suggest that Unfortunately, instead of trying to years, you know how corrupt they consumables be donated to the Navy avoid the appearance that it is not be- were. You know the millions and bil- for use at the Vice President’s resi- holden to special interests, this admin- lions of dollars they spent. Look at Af- dency. What is asserted by the gen- istration goes out of its way to be rica, $12 million for a trip to Africa. tleman from New York is that this, extra accommodating. From its deci- Where were the gentlemen when the again, takes out of our purview, first of sion on arsenic and mining wastes that President spent $12 million for press all, the oversight on the expenditures, have benefited big polluters to the Vice and aides going to Africa? and, secondly, opens up the Vice Presi- President’s energy task force that met Yes, we are concerned about costs. dent’s residency to substantial private in secrecy and came up with a plan to But when you have got somebody that sector donations. Not to the Vice benefit big oil and coal, this adminis- is focusing on that and then you blast President’s residency, but to the Navy, tration, even in its infancy, has been them, we think it is a little ridiculous. and puts the Secretary of the Navy in

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.096 pfrm01 PsN: H25PT1 H4588 CONGRESSIONAL RECORD — HOUSE July 25, 2001 the position of accepting these dona- amendment offered by the gentleman Sharing the site with National Ar- tions. That is the issue before us, as to from New York (Mr. HINCHEY). chives will be the new Georgia Depart- whether or not that is appropriate. The question was taken; and the ment of Archives and History building. Mr. ISTOOK. Mr. Chairman, I move Chairman pro tempore announced that This effort is the culmination of to strike the requisite number of the noes appeared to have it. years of negotiation between officials words. Mr. HINCHEY. Mr. Chairman, I de- at National Archives, Clayton college, Mr. Chairman, I will not use 5 min- mand a recorded vote. the Board of Regents of the University utes. We do not need to bog down in The CHAIRMAN pro tempore. Pursu- System of Georgia, the State of Geor- more partisan debate on this. But I ant to clause 6 of rule XVIII, further gia and the local business community. would suggest, Mr. Chairman, that we proceedings on the amendment offered In recognition of the importance of apply the same standard to the Vice by the gentleman from New York (Mr. this project, Congress has previously President that is currently in the office HINCHEY) will be postponed. appropriated funds in FY 2000 for an as was applied to the White House with AMENDMENT OFFERED BY MR. COLLINS environmental assessment and in FY the current and former occupant. For Mr. COLLINS. Mr. Chairman, I offer 2001 for design of this facility. all I know, Mr. Chairman, it may have an amendment. The commitment of the Georgia De- been the practice, whether it was ex- The Clerk read as follows: partment of Archives and History, pressly authorized or not, by a former Amendment offered by Mr. COLLINS: Clayton College and State University, Vice President. At the end of the bill (before the short and the National Archives to this But I do know it is the practice every title), insert the following: project creates a historic partnership day, every night, involving the Con- SEC. ll. The amounts otherwise provided for services to the citizens of Georgia, gress of the United States. We have a by this Act are revised by reducing the the Southeastern United States, and multitude of meeting rooms here in amount made available for ‘‘Federal Build- the United States as a whole. All par- this United States Capitol building. We ings Fund’’ (and the amount specified in clause (5) under such heading for building op- ties are now fully engaged in the have groups that commonly come in erations), and increasing the amount made project, and it is critical that we pro- here, have breakfasts, lunches, dinners, available for ‘‘National Archives and Records vide the necessary Federal contribu- receptions, in which the food and the Administration—Repairs and Restoration’’, tion to keep this project on track. beverage is provided by these groups. by $14,000,000. I urge my colleagues to join me in That is common practice. Mr. COLLINS. Mr. Chairman, I rise support of this important amendment. Now, to say that somehow the Vice today on behalf of a project to con- Mr. ISTOOK. Mr. Chairman, I rise in President, by having a far, far smaller struct a new Southeastern Regional support of the amendment. Mr. Chairman, I state that we cer- number of events where somebody else Archives in Atlanta, Georgia, for its tainly have no objection to the gentle- might provide food or drink, is going to National Archives and Records Admin- man’s amendment. It is an important be irresponsible or corrupted, if that is istration. The regional archives pro- need that he has mentioned. We are un- the issue, then I would expect the pro- vides a necessary service of acquiring, sure as we work with him regarding po- ponents of this amendment to be on preserving and making available for re- tential sources ultimately for funding, this floor saying kick all these recep- search the permanent records of the but we realize we need a placeholder in tions out of the U.S. Capitol, kick Federal Government. Currently, all of the bill for an account from which to them all out of the House and Senate the records in the Southeast are stored office buildings, if you believe that fund it. So I look forward to working in a World War II-era warehouse that they have a corrupting influence. with the gentleman from Georgia to does not meet building codes and is Now, I know it is common, Mr. Chair- fill this important need. man, for people to try to arrange meet- scheduled to be condemned and torn Mr. CARDIN. Mr. Chairman, I move ings at times they can get people to- down. My amendment would transfer to strike the last word. gether, and you can get people together $14 million of GSA’s buildings oper- Mr. Chairman, this bill includes $146 when you know they are going to have ations account into the National Ar- million for the Internal Revenue Serv- breakfast anyway, or lunch or dinner. chives Repair and Registration Ac- ice to continue the Earned Income Tax That is common practice. count. Credit Compliance Initiative. I share But to say that does not apply to the The Southeast Regional Archives the concern of the committee that the Vice President, who lives in the Naval serves Alabama, Florida, Georgia, Ken- IRS have adequate resources for ex- Observatory and is away from facilities tucky, Mississippi, North Carolina, panded customer service and public that otherwise could host things, if you South Carolina, and Tennessee. Its outreach programs, and strengthened want him bouncing back and forth holdings include the records of the enforcement programs to ensure the every time he is going to do the same Civil War, World War I, the Tennessee highest possible level of taxpayer com- thing that most Members of Congress Valley Authority, the Marshall Space pliance. do on a regular basis, to be able to Flight Center, the Kennedy Space Cen- The EITC, which was created in 1970s meet with people who have come from ter, the Manhattan Project, the Cen- and was significantly expanded by all across the country because they ters for Disease Control, and the Fed- President Reagan and then again by think they have important things that eral courts of the Southeast region. President Clinton, serves to reward need to be shared with government of- It is simply unacceptable to continue low-income Americans for the work ficials in Washington, let us apply a to store these documents, these impor- they do. Millions of American families uniform standard here. tant documents, I may say, that detail receive much-needed assistance in the If one honestly believes that some- our Nation’s history, in a facility that form of tax credits that are based on body is going to be corrupted by having is due for the wrecking ball. National the amount of income they earn. a hamburger or a steak or chicken or Archives acknowledges that these his- There is a reason why President something to drink, or whatever it is, toric Federal records are currently at Reagan once referred to the EITC as then, by all means, make sure you have risk, housed in a warehouse wholly in- the best anti-poverty and the best pro- a uniform standard, and go for what adequate as an archival depository. family, the best pro-job creation meas- they call in some States ‘‘the cup of With the knowledge that this facility ure, to come out of Congress. Recent coffee rule,’’ that you cannot have a is inadequate for current and future re- studies have found that more than 60 cup of coffee paid for by somebody else quirements, National Archives began a percent of the increase in employment because it might corrupt you. serious search for a site for a new facil- of single mothers has been due to the But let us not say that we are going ity several years ago. Primary among expansion of the EITC. The EITC has to be putting things on a level playing the selection criteria was a site that complemented and supported Congress’ field or being evenhanded by voting to would provide partnership opportuni- efforts to end welfare dependency by put that restriction only on the Vice ties with academic and cultural insti- helping millions of poor women make President. I do not think that washes, tutions. At its proposed location in the transition from welfare to work Mr. Chairman. Morrow, Georgia, National Archives and remain self-sufficient. The CHAIRMAN pro tempore (Mr. will be sited immediately adjacent to As a member of the Committee on GUTKNECHT). The question is on the Clayton College and State University. Ways and Means, I have taken a strong

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.131 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4589 interest in the implementation of the Mr. HOYER. Mr. Chairman, I move to time. Also, in reference to GSA, there effectiveness of the EITC. For all its strike the requisite number of words. is a GSA facility that is across the success, the EITC has come under The CHAIRMAN pro tempore. Does county line from my particular district strong criticism for its complexity. the gentleman from Maryland wish to that is being closed as an effort to save Groups such as the American Institute address the matter pending before the money in the long run, and we concur of CPAs and the Tax Section of the House, the amendment offered by the with that effort. And we certainly ap- ABA have commented on the extraor- gentleman from Georgia (Mr. COLLINS)? preciate and respect the gentleman’s dinary complexity of the EITC and Mr. HOYER. I do, Mr. Chairman. position. have recommended simplification of The CHAIRMAN pro tempore. The Mr. HOYER. Mr. Chairman, reclaim- the credit to assist taxpayers com- gentleman from Maryland is recog- ing my time, I thank the gentleman for plying with the credit requirements. nized for 5 minutes. his comments. The tax bill signed into law earlier Mr. HOYER. Mr. Chairman, the gen- In closing, I also want to make the this year by President Bush contained tleman from Georgia talked to me comment that although he takes this among its lesser known provisions im- about this amendment just a little money out of an account that is a large portant simplification of the EITC. while ago, I do not know exactly how account, it is a large account that has Those changes were made on a bipar- long ago it was; and very frankly, I huge obligations in terms of the ob- tisan basis to eliminate disparities be- have not had the opportunity to review jects to which it is dedicated: that is, tween regular income and the EITC it, I have not really discussed it with the maintenance and repair of Federal and make it easier for low-income the chairman, and am not going to ask buildings all over this country. So al- working Americans to understand the for a vote on this. though it seems to be a big pot out of law and enjoy the benefits of the EITC. But it is my understanding, I want to which he is taking this money, it is, The EITC taxpayer will now be able tell the gentleman from Georgia, first nevertheless, a pot which does not have to base their credit on adjusted gross of all, there is a question about wheth- enough money in it at this point in income, rather than having to do it on er or not this money can be obligated time to accomplish what GSA says is additional calculation of modified ad- this year. I do not know the answer to necessary in terms of repairs and alter- justed gross income. They will also be that question, but I will tell the gen- ations. able to use the same definition of tleman I want to find that out from the The CHAIRMAN pro tempore (Mr. earned income that is used elsewhere National Archives, whether or not it is GUTKNECHT). The question is on the in the Tax Code. able to be obligated this year. amendment offered by the gentleman Under the new law, the IRS is di- If it is not able to be obligated this from Georgia (Mr. COLLINS). rected to study and eventually imple- year, obviously it will push out an ex- The amendment was agreed to. ment use of ‘‘math error authority’’ to penditure that could be obligated this AMENDMENT NO. 6 OFFERED BY MR. TRAFICANT deny EITC taxpayers who do not reside year. There is a tremendous backlog, Mr. TRAFICANT. Mr. Chairman, I with the children they claim. Perhaps as the gentleman knows, for capital offer an amendment. the most important change is the bill improvements in every area of this The CHAIRMAN. The Clerk will des- simplifies the AGI tie breaker by giv- country. ignate the amendment. ing the parent of a qualifying child Secondly, we have not considered The text of the amendment is as fol- clear primacy in claiming the credit. this in the subcommittee or full com- lows: These changes, which will begin to mittee, so I do not know the full merits Amendment No. 6 offered by Mr. TRAFI- take effect next year, will have a sig- of this project. The gentleman tells CANT: nificant impact on removing com- me, and I understand what he is saying, At the end of the bill (preceding the short plexity from the Tax Code and making title) insert the following new section: first of all, it is not going to be in his SEC. ll. No funds appropriated or other- it easier for taxpayers to comply with district, so this is not a district con- wise made available under this Act shall be the law in claiming the EITC. They cern. made available to any person or entity that will spare taxpayers from filling out b 1445 has been convicted of violating the Buy pages of complicated work sheets and American Act (41 U.S.C. 10a–10c). hunting down information not required I am a big supporter of the National Mr. TRAFICANT. Mr. Chairman, ac- on any other tax form. Archives and its work, and they need tually, I have a total of four amend- EITC compliance has received a great facilities that are adequate and protec- ments to this bill. This is the Buy deal of attention and study. Of course, tive of the materials that they store. American amendment that has been we must work to ensure the integrity But I am in the unfortunate position of added to all appropriations bills. of this program, just as we must ensure not knowing enough about the amend- Mr. ISTOOK. Mr. Chairman, I reserve the integrity of our income tax system. ment, frankly, to support it. a point of order, because I am not sure Efforts to further examine and improve I would tell the gentleman I will not which of the Traficant amendments is the EITC compliance should accurately oppose it at this point in time because being offered. reflect the recent changes in the credit the chairman wants to accept it, but I Mr. TRAFICANT. Mr. Chairman, it is and IRS’s growing list of tools to pro- will be looking at this and I will dis- the Buy American amendment. mote compliance. cuss it with the gentleman and the The CHAIRMAN pro tempore. The Finally, such efforts must focus on conference committee to determine Chair would have to rule that the de- IRS management of the program, its what we are going to do. bate had already begun and the time outreach and education strategy for Mr. COLLINS. Mr. Chairman, will had passed to reserve a point of order. taxpayers and tax preparers, and the gentleman yield? Mr. ISTOOK. Mr. Chairman, we have whether it is efficiently allocating its Mr. HOYER. I yield to the gentleman not seen a copy of the amendment. We resources to achieve maximum reduc- from Georgia. understood that the only reference was tion of EITC overpayments. Mr. COLLINS. Mr. Chairman, I re- to an amendment at the desk and did I am committed to working to spect the gentleman’s opinion and posi- not identify which amendment was at streamline and improve the EITC, so tion on this, and I appreciate that, and the desk. that millions of low-income working we will be glad to work with the gen- The CHAIRMAN pro tempore. This is families receive the assistance that tleman and with the Chairman in any amendment No. 6 printed in the this Congress has intended. I look for- way possible that we can to make sure RECORD. ward to working with the gentleman that everyone understands that this Mr. TRAFICANT. Mr. Chairman, be- from Oklahoma (Chairman ISTOOK) and project, where the current location is, fore I go to the elements of this amend- the ranking member, the gentleman where the future location will be, and ment that has been added to all appro- from Maryland (Mr. HOYER), in their in 2 weeks we will know whose district priations bills, I have the intention to continuing efforts to improve the effec- it possibly will be in, if it is in an open offer three other amendments, but I tiveness of the IRS management of this district in Georgia. may offer only one of them. very important and worthwhile provi- But it is a very vital need. It is one Let me explain what the other three sion of our tax system. that has been worked on for quite some are, briefly. One would stop the penny

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.102 pfrm01 PsN: H25PT1 H4590 CONGRESSIONAL RECORD — HOUSE July 25, 2001 increase in postage stamps. The other tion 302 after the Congressional Budget The CHAIRMAN. Is there objection would stop bonuses to postal brass who Act of 1974. to the request of the gentleman from want to kill Saturday service and raise The bill also provides $48 million in Massachusetts? rates. I am not going to bother with advance appropriations for fiscal year There was no objection. those, but I will later tonight offer an 2003, which will account against the al- Mr. FRANK. Mr. Chairman, the bill amendment that will kill bonuses to location established pursuant to next that comes before us makes a change IRS brass. year’s budget resolution. This is an ad- in existing law that I think is a mis- Now, the amendment, in order to be vance appropriation which is included take. Under existing law, and I am told germane, had to be printed that it in the list of permissible advance ap- that it has been this way since 1950, if would kill all bonus incentives for the propriations pursuant to section 201 of the United States Senate votes down a entire service. Let legislative history H. Con. Res. 83, which is the budget. nomination, that individual whose show that that is not my intention Mr. Chairman, H.R. 2590 does not des- nomination was voted down cannot be and, in conference, if it should pass, ignate any emergencies, an act that the subject of a recess appointment. On the Traficant amendment deals with would increase the appropriation com- the other hand, it has always been the the brass. Eighty percent of informa- mittee’s 302(b) allocation. The bill pro- case that if the Senate does not act on tion given to taxpayers was wrong this vides $146 million in budget authority a nominee, that nominee can be the last year by the Internal Revenue Serv- for compliance activities related to the subject of a recess appointment. ice. Most of the audits they perform earned income tax credit, as the gen- Previous administrations, and I know are on lower- and middle-income Amer- tleman from Maryland previously stat- we had some talk back and forth about icans. ed. Under section 314 of the Budget whether the amendment involving the So when I offer that, the argument is Act, I am required to increase the ap- Vice President’s house and his electric going to be that TRAFICANT wants to propriate totals in the budget resolu- bill would have been offered if we had hurt everybody from getting bonuses. I tion and appropriation committee’s 302 the former Vice Presidential candidate do not, but to make it eligible, that is allocation by the amount that is appro- as the Vice President; I am not sure, as the way it reads now, and I would ask priated for this activity, up to a max- a fellow religionist of the former can- that if it passes, that the gentleman imum of $146 million. So accordingly, I didate, maybe the lights would have from Maryland (Mr. HOYER), our distin- have increased that appropriation com- been out from Friday night to Satur- guished leader here, to make those mittee’s allocation. But this will not day night, so maybe the electric bill changes. become permanent until the appropria- would have been cheaper, but we do not The Buy American amendment is tion bill itself becomes law. have to face that here. Because this straightforward. Anybody who has, in I would note with some amusement provision, the provision that says that fact, violated the Buy American Act is that this bill also includes a limitation you could appoint someone to a recess not entitled to any money under the that prohibits appropriations from appointment, even if that person had bill. being used to pay the salaries of OMB been rejected by the Senate, that was Mr. Chairman, I yield to the distin- staff who prepare a table that shows requested by the Clinton administra- guished ranking member, the gen- the President’s discretionary priorities tion of the Committee on Appropria- tleman from Maryland (Mr. HOYER). across the 13 appropriation subcommit- tions and the Committee on Appropria- Mr. HOYER. Mr. Chairman, I thank tees. It seems rather curious that while tions correctly said no to it. So there is the gentleman for yielding. I want to the individual appropriation bills no argument here that there is any dif- say that the gentleman has offered this themselves are, of course, submitted to ferential treatment. to previous bills, and we have accepted the President of the United States for Since President Truman, this has this on previous bills, and I would pre- his approval, he should not be allowed been the rule. The President has a sume, although I have not talked to or his staff should not be allowed to right to make a nomination. The Sen- the chairman about it, that he will ac- even suggest how the overall level of ate has a right to vote on it. If the Sen- cept it on this bill. discretionary spending should be allo- ate fails to vote, then that individual Mr. TRAFICANT. Mr. Chairman, I cated among the subcommittees. I could be given a recess appointment, as yield to the distinguished gentleman would support an amendment to strike was, for instance, Bill Lann Lee, the from Oklahoma (Mr. ISTOOK), the this provision. If such an amendment is Assistant Attorney General for Civil chairman of the subcommittee. not offered, I would strongly suggest to Rights. His nomination has not been Mr. ISTOOK. Mr. Chairman, we have the chairman and the ranking member voted on and, therefore, he could be no objection to the amendment offered that this provision be dropped in con- given a recess appointment. But if the by the gentleman from Ohio. ference. This is irrelevant to this ap- Senate votes someone down, takes up a The CHAIRMAN. The question is on propriation bill. I would suggest to the nomination and votes it down, the law the amendment offered by the gen- committee leadership who have put to- has been that that individual could not tleman from Ohio (Mr. TRAFICANT). gether a very professional work prod- be paid and, therefore, could not get a The amendment was agreed to. uct that this is a small-minded provi- recess appointment. Mr. NUSSLE. Mr. Chairman, I move sion and has no business within this Now, people will say, and I know we to strike the last word. very serious bipartisan work product. are dealing here with inter-branch situ- Mr. Chairman, I rise in favor of H.R. In summary, H.R. 2590 is fully con- ations, and I know one of the taboos is 2590 providing appropriations for the sistent with the budget resolution and that we here in this Chamber of the Department of Treasury, Postal Serv- on this basis, I urge my colleagues to people are not supposed to take in vain ice and various general government op- support this very important bill. the name of the lofty institution on erations. I compliment the gentleman AMENDMENT OFFERED BY MR. FRANK the other end of the building, but it is from Oklahoma (Mr. ISTOOK), the Mr. FRANK. Mr. Chairman, I offer an relevant here for legislative purposes, chairman of the subcommittee, and the amendment. so I assume I will have the indulgence gentleman from Maryland (Mr. HOYER), The Clerk read as follows: of the Chair in pointing this out. the ranking member, for their work on Amendment offered by Mr. FRANK: Here is the problem: right now, there this bill, as well as for their coopera- Page 95, after line 16, insert the following is a difference in impact if the Senate tion in making sure that this bill com- new section: votes someone down or fails to vote. If Sec. ll. No part of any appropriation for plies with the Budget Act and the the current fiscal year contained in this Act they fail to vote, that person is eligible budget resolution of 2002. shall be paid to any person for the filling of for a recess appointment. If they vote H.R. 2590 provides $17 billion in budg- any position for which he or she has been the person down, he or she is not eligi- et authority and $16.3 billion in general nominated after the Senate has voted not to ble. If we adopt the language that this outlays for fiscal year 2002. This approve the nomination of said person. administration and the Clinton admin- amount is within the subcommittee on Mr. FRANK (during the reading). Mr. istration and previous administrations Treasury and postal services and gen- Chairman, I ask unanimous consent have asked for, that difference will dis- eral operations 302(b) allocation, and that the amendment be considered as appear, whether the Senate votes down the bill, therefore, complies with sec- read and printed in the RECORD. a nomination or refuses to vote on it at

VerDate 25-JUL-2001 04:24 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.104 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4591 all will make no difference in the For this reason, I believe that we the Congress, both sides of the aisle, President’s ability to appoint that in- should leave this matter alone and not both houses, have stood for that. dividual. adopt the amendment offered by the Now, I said intellectual integrity, I think it is a mistake to do that. gentleman from Massachusetts. I ex- which I think also implies consistency. Many of us think it is wrong for action pect that the Senate in their version of We demean the House when we, from to be inaction. If there is opposition to this bill will want to include some lan- an institutional standpoint, treat an a nominee, that opposition ought to guage that they craft which may be the administration differently because come forward, there ought to be a de- same or not the same as the gentleman they are of the other party. I told the bate and there ought to be a vote. prefers, but I would rather address that Members how I treated the Clinton ad- Nominees ought to get votes. It ought in conference with the Senate, knowing ministration on this very issue, which not to be the case that nominations are what they want. I thought was not a partisan issue be- killed simply by inaction. Mr. FRANK. Mr. Chairman, will the tween the Clinton administration and Under the current system, as I said, gentleman yield? the Republicans in this House that we the Senate has to make this decision. Mr. ISTOOK. I yield to the gen- Democrats had to protect, but was an If they let a nomination die by inac- tleman from Massachusetts. institutional issue, where we had to tion, that nominee is eligible for a re- Mr. FRANK. Mr. Chairman, I would protect the jurisdiction and integrity cess appointment. If they do what the say this. If we were talking solely and equal stature of the Congress of Constitution calls for and vote the about something that affected only the the United States. nomination down, the nominee is not Senate, that I suppose would be reason- I would hope my Republican col- eligible for a recess appointment. Let able. leagues would sustain this amendment us not collapse that difference. Let us Mr. ISTOOK. Mr. Chairman, reclaim- and would continue in place language not remove one incentive which now ing my time, I yielded for a factual which says that money that we have exists for the Senate to take action. questioning, not for a running argu- appropriated cannot be spent on an ap- Let us not create a situation legisla- ment. I realize we may have different pointee that has been rejected by the tively where, if a nominee is voted interpretations of what is important Senate. That is of interest to us both. Why? Because it is of interest that a down in an open vote with debate and here, but I do believe that this ought to co-equal branch of government remains a chance for people to speak on it, it be the prerogative of the Senate. The co-equal, and that no administration, has the same effect as if that nominee Senate can pursue it. They have the once the process has been pursued of is held up by some inaction. opportunity to do so. Mr. HOYER. Mr. Chairman, I move to presenting a nominee, having hearings b 1500 strike the last word. on that nominee, having votes in com- I do not think we ought to contribute Mr. Chairman, we have had some dis- mittee and on the floor, and it is the to this situation. As Members know, cussion about demeaning the House. judgment under the Constitution that that directly affects us. Sometimes dis- The lack of intellectual integrity de- that nominee should not take office, agreements occur. They have happened means the House. The bipartisan treat- that any administration could not then in the Senate. Bills have been held up. ment of what the gentleman from Mas- turn around in an interim, after the Appropriations bills were recently held sachusetts refers to very clearly as in- Congress has gone home, and say, ‘‘I do up because of a dispute over whether or stitutional matters in a partisan way not care what you said. I am putting not nominations would be voted on. demeans the House. this person in this position and we are There is a bicameral interest in there Mr. Chairman, this is a constitu- going to pay him.’’ being action as opposed to inaction in tional issue not just for the United If there were not a 50-year practice, the other body, because inaction in one States Senate but for the Congress of one could possibly say, oh, well, they body can lead to the kind of disputes the United States and for the House of are just going after the Bush adminis- that prevent both bodies from acting. Representatives, which, under the Con- tration. Lastly, let me say this. Is there any So this is not partisan, this is execu- stitution of the United States, has pri- doubt by anybody on the Republican tive versus legislative. This was a re- mary responsibility for appropriating side of the aisle, any doubt, that they quest that was made by previous ad- dollars. It is not the Senate. The Sen- would have rejected this proposal out ministrations who wanted to be unfet- ate cannot initiate appropriation bills of hand if it had been made by the Clin- tered. What this says is in this admin- or tax bills, as the chairman-to-be of ton administration? They would not istration, as in any other, let the Sen- the Committee on Ways and Means have given it 5 seconds worth of ate vote. If they vote and vote someone knows. thought, and they would have stood on down, he or she should not subse- Mr. Chairman, the fact of the matter this floor and railed against the arro- quently be given a recess appointment, is, and I would hope that all of my col- gance of the administration to think which is constitutionally permitted leagues on both sides of the aisle would that they could place in office some- but, in effect, a defiance of the vote. take note of this debate, this provision body rejected under the Constitution If, on the other hand, they fail to has been in this bill for half a century. pursuant to law for the position that vote at all, then it ought to be the case When I was chairman of the Com- they sought and were then placed in, that that person is subject to a recess mittee, the Clinton administration notwithstanding the actions of the appointment, because they should be sought to delete this language in 1993 United States Senate. able to benefit from their own inaction. and 1994. I would hope on this issue that we Mr. ISTOOK. Mr. Chairman, I rise in I rejected that request and carried it would come together from an institu- opposition to the amendment offered in this bill. Why? Because what this tional equal-branch perspective and ac- by the gentleman from Massachusetts amendment says is that an administra- cept this amendment, and reinstate (Mr. FRANK). tion cannot appoint somebody who has this language that we have carried for I understand the policy issues that he already been rejected under the Con- 50 years. talks about regarding funding of per- stitution of the United States, which, Mr. CUNNINGHAM. Mr. Chairman, I sons who have been appointed but have yes, gives to the Senate the power to move to strike the requisite number of not been confirmed by the U.S. Senate. advise and consent, and if they have words. However, the reason for not including failed to consent to an appointment, Mr. Chairman, I tend to agree with language in this bill to try to protect the Congress of the United States has the gentleman from Massachusetts and the prerogatives of the Senate is be- consistently held that we can then, the gentleman from Maryland. I get cause I believe, and many of us believe, whatever administration we are, Demo- upset when I think that someone is that any language to protect the pre- crat or Republican, turn around and in taking potshots, I am the first one to rogatives of the Senate ought to be effect thumb our nose at not just the stand up and defend. I think the other composed and sought by the Senate. Senate but at the Congress, and spend two issues were, in my own opinion. Any language to protect the preroga- money that we have appropriated on an But I asked myself why, and I would tives of the House should be composed appointment that has been rejected by yield time, why would President Clin- and offered by the House. one arm of the Congress. For 50 years ton want to remove this in his tenure

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.106 pfrm01 PsN: H25PT1 H4592 CONGRESSIONAL RECORD — HOUSE July 25, 2001 and why would it appear now. Would it pointment. I think we should preserve quirement an appropriate means to ac- be that if someone is not acted on, that status quo. complish any other public policy pur- there is not a vote, that it would be a Mr. CUNNINGHAM. The gentleman pose intended to be served by the pro- way to force the Senate to bring that thinks that both President Clinton and posal. to a vote and to discuss it? I think that President Bush would have wanted to This regulation will impose signifi- part would be good. put people in office that they wanted, cant costs on the Nation as a whole. But if the person has already been even though they were not voted upon? The proposal is in conflict with a long- voted on under the Constitution, then I Mr. FRANK of Massachusetts. If the standing objective of the Department can understand why the gentleman gentleman will continue to yield, yes, I and the Congress to encourage non- would object to it. think Presidents want to operate with resident aliens to deposit their money Mr. FRANK. Mr. Chairman, will the as little constraint as possible. It is not in U.S. banks so that those funds can gentleman yield? a personal matter, it is institutional. in turn be used to foster growth and de- Mr. CUNNINGHAM. I yield to the I do think that, although, frankly, I velopment in this country and in the gentleman from Massachusetts. think the administration is making a communities served by these banks. Mr. FRANK. Mr. Chairman, I thank mistake in asking this, because I think For 80 years we have been encour- the gentleman from California for his it is in their interest to get a vote, and aging foreign deposits in U.S. banks. I courtesy in yielding. this is the one mechanism we have for am concerned that adoption of this IRS That is exactly what motivated me encouraging nominees to get a vote, proposal would place U.S. banks at a to offer this, in part. Right now under rather than to be killed silently. competitive disadvantage relative to existing law there is a difference in In other words, there should be a dif- banks of our trading partners, and will outcome. If the Senate refuses to vote ference in consequence whether a result in the significant withdrawal of at all, then the President can make the nominee is silently killed by a refusal foreign deposits in U.S. banks. recess appointment. But if the Senate to vote or actually voted down. The Indeed, as we are reducing taxes in does its constitutional duty, votes, and amendment would say to the Senate: an effort to put more money into our votes someone down, that person can- ‘‘Look, you have an incentive, if you do economy and stave off a recession, the not be appointed. I think that is very not like someone, to take up that nom- IRS is proposing a regulation that good, because that means a nominee ination and vote the person down be- could cause a much larger amount of and a President have that right to a cause that will keep the person from a capital to flee our economy. vote. It is more likely to require a recess appointment, rather than killing Furthermore, I would like to point vote. it silently.’’ out to my colleagues that I am in pos- If we were not to adopt this amend- The CHAIRMAN. The question is on session of a letter from Americans for ment, then the consequence of not vot- the amendment offered by the gen- Tax Reform supporting this amend- ing and of voting someone down would tleman from Massachusetts (Mr. ment. be the same, and there would I think be FRANK). Mr. THOMAS. Mr. Chairman, will the fewer votes, more nominees killed si- The amendment was agreed to. gentleman yield? lently, and I do not think that is appro- AMENDMENT NO. 1 OFFERED BY MR. WELDON OF Mr. WELDON of Florida. I yield to priate. FLORIDA the gentleman from California. I have to say, when we talk about Mr. WELDON of Florida. Mr. Chair- Mr. THOMAS. Mr. Chairman, I thank prerogatives, if we talk about some- man, I offer an amendment. the gentleman for yielding time to me. thing that entirely affects the internal The CHAIRMAN. The Clerk will des- I understand his concern about this operations of one body or the other, I ignate the amendment. proposed regulation. think we should defer. But when we are The text of the amendment is as fol- However, I do want to underscore talking about public officers of the lows: that all of the gentleman’s comments United States, then I think it is rea- Amendment No. 1 offered by Mr. WELDON of are in anticipation of this regulation sonable for us to do it. Florida: being approved. It is in fact in the I appreciate the gentleman allowing At the end of the bill, insert after the last process of being reviewed. It was pre- me to speak further. section (preceding the short title) the fol- sented in the last few hours of the Clin- Mr. CUNNINGHAM. My real concern lowing new section: ton administration, and the Bush ad- SEC. ll. None of the funds made available is, and in the other body we have many ministration is examining it. confirmations in defense, NTSB, those in this Act may be used to implement, ad- minister, or enforce any of the proposed I do believe it may have the unfortu- sorts of things, that have been held up. amendments to part 1 or 31 of title 26 of the nate consequence that the gentleman I think there ought to be a way to Code of Federal Regulations, as published in from Florida has indicated, and that is force those to be seen, because the ad- the Federal Register on January 17, 2001 (66 that a wholly unnecessary flight of ministration is operating at a dis- Fed. Reg. 3925, relating to Guidance on Re- capital, not just out of Florida but out advantage. If they are not voted on, porting of Deposit Interest Paid to Non- of the United States, at a time when then I think they ought to be able to to resident Aliens). obviously people are looking to this be appointed. Mr. WELDON of Florida. Mr. Chair- country; notwithstanding our current Mr. FRANK. Mr. Chairman, if the man, it is my intent to withdraw this economic concerns, they are still plac- gentleman will continue to yield, that amendment, but I rise on the floor to ing enormous amounts of capital in is one of the effects of putting back the speak on this issue and engage the this country because of a reasonable amendment. chairman of the Committee on Ways return and primarily because of the se- In other words, today, and with the and Means on a colloquy on this ex- curity or low risk. amendment as adopted, if the Senate tremely important issue. refuses to vote, then the administra- On January 17, 2001, the Department b 1515 tion can appoint that individual. But if of Treasury proposed a regulation re- We ought not to rock that boat un- the Senate does what the gentleman quiring all banks located in the United necessarily. and I agree it should do, it takes it and States to report to the Internal Rev- I rise in concern on this amendment votes it up or down in the public way enue Service the amount of interest to the Postal Treasury bill because it and the nominee fails, then the nomi- paid to nonresident aliens who are indi- is an amendment prohibiting monies nee cannot get a recess appointment. vidual depositors in these banks. being spent on a proposed regulation; In other words, we should be con- I have a very, very deep concern and I do believe that is fraught, if in structing the situation so there is an about this proposed initiative. The in- fact this practice were to become pop- incentive to vote on the nomination terest payments in question are not ular, with really completely disrupting and not kill it silently. Under this subject to U.S. tax. This additional re- the rulemaking process in the adminis- amendment, there would be that situa- porting requirement for banks will not trative branch. Because the language tion. A nominee voted down could not further any U.S. financial interests in says no money can be used, how do we get a recess appointment. A nominee collecting revenues from foreign de- then collect the data to make an in- killed silently could get a recess ap- positors, nor, in my view, is this re- formed decision on whether the rule

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.109 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4593 should go forward or not. The gen- The CHAIRMAN pro tempore. Is dentured child labor dated as far back as Oc- tleman from Florida does not want the there objection to the request of the tober 3, 1991, but has only issued 6 findings rule to go forward, but that is in this gentleman from Vermont? banning the importation of these goods into particular instance. There was no objection. the United States. At the very least, Congress Therefore, I rise, one, to respond to Mr. SANDERS. Mr. Chairman, this is should ban the importation of goods on which his concerns about the potential prob- a noncontroversial amendment that I Customs has reasonable evidence that were lematic aspect of this proposed regula- believe is going to be accepted by the made by forced or child labor. tion, but, more importantly, to offer, majority and the minority. According to 60 Minutes II, the U.S. Cus- because the Ways and Means has juris- Because, Mr. Chairman, we live in a toms Service used the present law to curb the diction over this material, my office world in which hundreds of millions of flow of hand-rolled, unfiltered cigarettes and potential hearing, but especially to children work at child labor, in some (known as ‘‘bidis’’) produced by indentured get Treasury together with those par- cases in horrendous conditions and in child labor in India. In India alone, there are ticular interests and make sure that some cases as indentured servants, approximately 50 million children working in there is a complete understanding of without any freedom at all, several factories or fields for little or no pay. Bidis are the consequences of this regulation, if years ago we passed legislation here an especially insidious product. They are it goes forward. that prohibits the importation of prod- made by children in India, and are purchased Notwithstanding that effort, if it ucts into this country made by chil- by children in the United States. According to goes forward, I can assure the gen- dren who are indentured servants. the Centers for Disease Control, 40 percent of tleman that there will be hearings on This amendment strengthens that American adolescents between seventh and what would then be the completed reg- legislation by saying that if the Cus- 12th grade have tried them. These cigarettes ulation; and if in fact we did not get toms Service detains that product be- are popular among American youth because significant changes, we would then cause they believe it is made by chil- they are sweetened with flavors such as choc- very well be moving legislation. That I dren who are indentured servants, it olate, strawberry, licorice, mango, and even believe would be the appropriate way should not be released into the general bubble gum, giving the impression that bidis to deal with this potentially vexing public. Occasionally that happens now, are less dangerous than other cigarettes. To rule that is in the examination process and this amendment would put an end the contrary, bidis contain five times more tar in Treasury. to that. and contain higher levels of nicotine than reg- This amendment, although I know Mr. Chairman, this amendment deals with ular cigarettes. Unfortunately, even though well-intentioned, really has, in the one of the most disgraceful and embarrassing Customs issued a detention order on one bidi chairman’s opinion, ramifications far aspects of our global economy: child labor. manufacturer in India, bidis are still getting into beyond this one particular issue. Mr. Chairman, it is an outrage that American the U.S., and the bidi industry is now a $1.5 Mr. WELDON of Florida. Reclaiming workers must compete for jobs with as many billion industry. This amendment would help my time, Mr. Chairman, I thank the as 250 million defenseless children working get rid of bidis in the United States. gentleman for his insights. It is my in- around the world today without any hope of The issue of the exploitation of child labor is tent now to withdraw the amendment, ever seeing the inside of a classroom. Chil- not only a moral issue but it is an economic and I am certainly looking forward to dren’s rights groups estimate that the United issue that is having profound impact on Amer- working with the gentleman in the States imports more than $100 million in ican workers. As consumers, we should not be months ahead on this very, very impor- goods each year which are produced by bond- purchasing products made by children who tant issue. ed and indentured children. I know for Florida bankers this is an are held in virtual slavery—children who can Especially outrageous is the plight of mil- not go to school, children who work horren- area of major concern. If the rule, as lions of child laborers, some as young as 4 intended, were fully implemented, it dous hours each week, children who are beat- years old, who are sold into virtual slavery and en when they perform poorly on the job and could really hurt in particular minor- chained to looms for 14 hour days knotting the ity communities that rely on these children who are often permanently maimed oriental rugs that grace the foyers and living when they attempt to escape from their slav- community banks for loans. rooms of countless homes and offices all Mr. THOMAS. If the gentleman will ery. But, equally important, we should not con- across the country. tinue a trade policy which forces American continue to yield, I want to thank the Exploited children toil in factories, mines, gentleman very much for his interest workers to compete against desperate and im- fields, at looms, and even brothels, sacrificing poverished people in countries such as China in this issue, but most importantly his their youth, health, and innocence for little or courtesy in not moving forward. and Mexico who earn as little as fifteen or no wages. twenty cents an hour—whether those workers Mr. WELDON of Florida. Mr. Chair- They are hand stitching the soccer balls that are children or adults. man, I ask unanimous consent to with- our kids play with every day. They are stitch- We know how bonded child workers are draw the amendment. ing blouses and slacks made in China and bought and sold like cattle. We know about The CHAIRMAN pro tempore (Mr. sold in Wal-Mart. They are even sharpening the horrendous working conditions they are GUTKNECHT). Is there objection to the the surgical instruments used in our hospital forced to endure. We know about the violence request of the gentleman from Florida? operating rooms. There was no objection. Mr. Chairman, this amendment will help end that meets them when they cannot work hard Amendment Offered by Mr. Sanders enough to satisfy their masters or when they Mr. SANDERS. Mr. Chairman, I offer this disgrace. Specifically, it would prohibit the importation of goods on which the U.S. Cus- try to escape their slavery. As we begin the an amendment. 21st century, we must make a firm commit- The Clerk read as follows: toms Service has issued a detention order be- cause of the use of forced or indentured child ment to eradicate child labor throughout the Amendment offered by Mr. SANDERS: world. Please vote ‘‘yes’’ on this amendment. At the end of the bill, insert after the last labor. I believe that this amendment would provide real teeth to the Indentured Child Mr. ISTOOK. Mr. Chairman, will the section (preceding the short title) the fol- gentleman yield? lowing: Labor Import Ban that was first signed into law SEC. ll. None of the funds made available as part of the Fiscal Year 1998 Treasury-Post- Mr. SANDERS. I yield to the gen- in this Act for the United States Customs al Appropriations bill. tleman from Oklahoma. Service may be used to allow the release into Currently, if the Customs Service finds infor- Mr. ISTOOK. Mr. Chairman, I would the United States of any good, ware, article, mation that reasonably indicates that imported like to advise the gentleman from or merchandise on which the United States merchandise has been produced with forced Vermont that I appreciate his amend- Customs Service has in effect a detention ment, and I advise the Chair that we order, pursuant to section 307 of the Tariff or indentured child labor, Customs may issue Act of 1930, on the basis that the good, ware, a detention order on these goods. However, have no objection to the amendment article, or merchandise may have been these goods may still be exported into the and certainly are willing to accept it. mined, produced, or manufactured by forced United States unless the Customs Service Mr. SANDERS. I thank the gen- or indentured child labor. issues a finding banning the importation of tleman. Mr. SANDERS (during the reading). these goods into the United States. Mr. HOYER. Mr. Chairman, will the Mr. Chairman, I ask unanimous con- Mr. Chairman, according to the Customs’ gentleman yield? sent that the amendment be considered website, the U.S. Customs Service has 24 Mr. SANDERS. I yield to the gen- as read and printed in the RECORD. outstanding detention orders on forced and in- tleman from Maryland.

VerDate 25-JUL-2001 04:24 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.112 pfrm01 PsN: H25PT1 H4594 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Mr. HOYER. Mr. Chairman, I, too, manufactured with ‘‘forced or indentured child Five, debate on the amendment num- thank the gentleman for this amend- labor’’ falls within this statute. bered 8, and all amendments thereto, ment. As the gentleman may know, What does this mean for American growers shall be limited to 1 hour, equally di- there have been similar amendments of these products? Let me be clear—by not vided and controlled by the proponent that the gentleman from Virginia (Mr. enforcing existing law, it means that the fed- and an opponent. WOLF) and I offered to this bill all eral government is putting our farmers auto- The SPEAKER pro tempore. The throughout the 1980s. matically at a competitive and economic ad- Clerk will report the amendment to be This is a good amendment. Clearly, vantage. offered by the gentleman from Arizona the United States needs to be on the So I urge my colleagues to support this (Mr. FLAKE). side of ensuring that this kind of abuse amendment for two reasons—first and fore- The Clerk read as follows: does not occur to children, women, and most because there is just no reason for child Amendment offered by Mr. FLAKE as a sub- workers generally. This is a very good slavery in our world. Second, because Amer- stitute for the amendment offered by Mr. amendment, and I thank the gen- ican farmers shouldn’t be put out of business SMITH of New Jersey: tleman for offering it. because of other country’s non-existent labor At the end of the bill, insert after the last Mr. SANDERS. I thank the gen- standards. section (preceding the short title) the fol- tleman for his support as well. I have said it before, but it bears repeating, lowing new section: Mr. ENGEL. Mr. Chairman, I want to thank we must be ever vigilant in our fight against SEC. 644. (a) None of the funds made avail- child slave labor. Support the Sanders Amend- able in this Act may be used to administer or my colleague for offering this Amendment—it enforce part 515 of title 31, Code of Federal is very much in line with one that I offered to ment. The CHAIRMAN pro tempore. The Regulations (the Cuban Assets Control Regu- the FY02 Agriculture bill concerning cocoa lations) with respect to any travel or travel- question is on the amendment offered products. My amendment passed this House related transaction. with 291 votes—a strong statement by this by the gentleman from Vermont (Mr. (b) The limitation established in sub- body against the repugnant practice of child SANDERS). section (a) shall not apply to transactions in The amendment was agreed to. relation to any business travel covered by slavery. Mr. ISTOOK. Mr. Chairman, I move We are constantly hearing about how we section 515.560(g) of such part 515. that the Committee do now rise. Mr. ISTOOK (during the reading). Mr. are at the dawn of a new millennium—we are The motion was agreed to. Speaker, I ask unanimous consent that in the 21st Century—and that things are just Accordingly, the Committee rose; the amendment be considered as read great and getting better. and the Speaker pro tempore (Mr. and printed in the RECORD. But, Mr. Chairman, we still have labor prac- LAHOOD) having assumed the chair, Mr. The SPEAKER pro tempore. Is there tices that date back centuries. Labor practices GUTKNECHT, Chairman pro tempore of objection to the request of the gen- so abhorrent that we thought that they were the Committee of the Whole House on tleman from Oklahoma? long gone—but they still remain. Child slavery the State of the Union, reported that There was no objection. continues to plague our world—and as the that Committee, having had under con- The SPEAKER pro tempore. Is there world’s greatest economy we are in position to sideration the bill (H.R. 2590) making objection to the initial request of the use our purchasing power to end this terrible appropriations for the Treasury De- gentleman from Oklahoma? practice. partment, the United States Postal Mr. HOYER. Mr. Speaker, reserving My amendment focused on child slavery in Service, the Executive Office of the the right to object, and I will not ob- cocoa fields in the Ivory Coast. The U.S. im- President, and certain Independent ject, I will say that we have discussed ports 3 billion tons of cocoa each year spend- Agencies, for the fiscal year ending this unanimous consent request and ing $13 billion on the chocolate industry. That September 30, 2002, and for other pur- the minority agrees. means Americans do have a great deal of in- poses, had come to no resolution there- Mr. Speaker, I withdraw my reserva- fluence with their dollars. on. Every year at Halloween our kids wander tion of objection. our neighborhoods in costumes to Trick or f The SPEAKER pro tempore. Is there Treat. They collect dozens of chocolate treats. LIMITATION ON CERTAIN AMEND- objection to the request of the gen- But, now I must wonder—will they be as MENTS DURING FURTHER CON- tleman from Oklahoma? sweet knowing that somewhere in the world a SIDERATION OF H.R. 2590, TREAS- There was no objection. child is forced to work 12–14 hours in a cocoa URY AND GENERAL GOVERN- f field, is locked up for the night without ade- MENT APPROPRIATIONS ACT, quate bathroom facilities, and is never paid. If 2002 TREASURY AND GENERAL GOV- he tries to escape he is severely beaten. ERNMENT APPROPRIATIONS ACT, Mr. ISTOOK. Mr. Speaker, I ask 2002 Let me quote one of the farmers about this: unanimous consent that during consid- ‘‘If I let them go, I am losing money, because eration of the amendments numbered 5, The SPEAKER pro tempore. Pursu- I spent money for them.’’ He told one child 7, and 8 in the Committee of the Whole, ant to House Resolution 206 and rule ‘‘You know I spent money on you. If you try pursuant to House Resolution 206: XVIII, the Chair declares the House in to escape, I’ll catch you and beat you.’’ This One, the amendment numbered 7 the Committee of the Whole House on is an absolute horror. shall immediately follow disposition the State of the Union for the further Now the chocolate industry has re- of, or postponement of further pro- consideration of the bill, H.R. 2590. sponded—they are moving forward to deter- ceedings on, the amendment numbered b 1524 mine the extent of the problem and to develop 5; programs for monitoring labor practices. But I Two, the amendment numbered 5 IN THE COMMITTEE OF THE WHOLE believe the federal government must act as shall be subject only to the amendment Accordingly, the House resolved well. The American people do not want to buy by the gentleman from Arizona (Mr. itself into the Committee of the Whole products made with child slave labor. It is FLAKE) that I have placed at the desk; House on the State of the Union for the wrong and we must act swiftly. Three, the amendment numbered 7 further consideration of the bill (H.R. My colleague from Vermont’s amendment shall be subject only to one substantive 2590) making appropriations for the wouldn’t affect the coca industry, because amendment; Treasury Department, the United cocoa products don’t have a detention order Four, the amendments numbered 5 States Postal Service, the Executive on them. Yet. However, during this fiscal year, and 7, and each specified amendment Office of the President, and certain FY2001, the U.S. Customs Service has under- thereto, each shall be debatable for 20 Independent Agencies, for the fiscal taken an investigation into these reports about minutes equally divided and controlled year ending September 30, 2002, and for the Ivory Coast. by the proponent and an opponent, ex- other purposes, with Mr. GUTKNECHT Title 19 United States Code, § 1307, pro- cept that the chairman and ranking (Chairman pro tempore) in the chair. hibits importation of products made, in whole minority member of the Committee on The Clerk read the title of the bill. or in part, with the use of convict, forced, or Appropriations, or a designee, each The CHAIRMAN pro tempore. When indentured labor under penal sanctions. A may offer one pro forma amendment the Committee of the Whole House rose general provision in the FY1998 Treasury Ap- for the purpose of further debate on earlier today, the amendment offered propriations Act specified that merchandise any of those pending amendments; and by the gentleman from Vermont (Mr.

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.115 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4595 SANDERS) had been disposed of and the NOES—285 NOT VOTING—7 bill was open for amendment from page Abercrombie Goodlatte Osborne Conyers Lipinski Spence 68 line 3 through page 95 line 16. Aderholt Gordon Ose Gonzalez Scarborough Akin Goss Otter Johnson, E. B. Snyder SEQUENTIAL VOTES POSTPONED IN COMMITTEE Armey Graham Oxley OF THE WHOLE Bachus Granger Paul b 1547 The CHAIRMAN pro tempore. Pursu- Baker Graves Pence Messrs. YOUNG of Alaska, WYNN, Ballenger Green (WI) Peterson (MN) ant to clause 6 of rule XVIII, pro- Peterson (PA) RAHALL, HILLIARD, CLYBURN, ceedings will now resume on those Barr Greenwood Bartlett Grucci Petri MOORE, HALL of Ohio and Mrs. CLAY- amendments on which further pro- Barton Gutknecht Phelps TON changed their vote from ‘‘aye’’ to ceedings were postponed in the fol- Bass Hall (OH) Pickering Pitts ‘‘no.’’ Bentsen Hall (TX) lowing order: amendment No. 9 offered Platts Bereuter Hansen Messrs. BERRY, FORD and BAIRD by the gentleman from Washington Pombo Berman Hart changed their vote from ‘‘no’’ to ‘‘aye.’’ (Mr. INSLEE) and the amendment of- Portman Biggert Hastings (FL) Pryce (OH) So the amendment was rejected. fered by the gentleman from New York Bilirakis Hastings (WA) Putnam The result of the vote was announced (Mr. HINCHEY). Blagojevich Hayes Quinn as above recorded. The Chair will reduce to 5 minutes Blumenauer Hayworth Radanovich ANNOUNCEMENT BY THE CHAIRMAN the time for any electronic vote after Blunt Hefley Rahall Boehlert Herger Ramstad The CHAIRMAN pro tempore (Mr. the first vote in this series. Boehner Hill Regula GUTKNECHT). Pursuant to clause 6 of AMENDMENT NO. 9 OFFERED BY MR. INSLEE Bonilla Hilleary Rehberg Bono Hilliard Reyes rule XVIII, the Chair announces that The CHAIRMAN pro tempore. The Borski Hobson Reynolds he will reduce to a minimum of 5 min- pending business is the demand for a Boucher Hoeffel Riley utes the period of time within which a recorded vote on amendment No. 9 of- Brady (TX) Hoekstra Rodriguez vote by electronic device will be taken fered by the gentleman from Wash- Brown (SC) Holden Rogers (KY) Bryant Horn Rogers (MI) on the remaining amendment on which ington (Mr. INSLEE) on which further Burr Hostettler Rohrabacher the Chair has postponed further pro- proceedings were postponed and on Burton Houghton Ros-Lehtinen ceedings. which the ayes prevailed by voice vote. Buyer Hulshof Ross AMENDMENT OFFERED BY MR. HINCHEY The Clerk will redesignate the Callahan Hunter Roukema Royce The CHAIRMAN pro tempore. The amendment. Calvert Hutchinson Camp Hyde Ryan (WI) pending business is the demand for a The Clerk redesignated the amend- Ryun (KS) Cannon Isakson recorded vote on the amendment of- ment. Cantor Israel Sabo Capito Issa Saxton fered by the gentleman from New York RECORDED VOTE Schaffer Cardin Istook (Mr. HINCHEY) on which further pro- Schrock The CHAIRMAN pro tempore. A re- Carson (IN) Jenkins Scott ceedings were postponed and on which Castle Johnson (CT) corded vote has been demanded. Sensenbrenner the noes prevailed by voice vote. Chabot Johnson (IL) A recorded vote was ordered. Serrano Chambliss Johnson, Sam The Clerk will designate the amend- Sessions The vote was taken by electronic de- Clayton Jones (NC) ment. vice, and there were—ayes 141, noes 285, Shadegg Clyburn Kanjorski Shaw The Clerk designated the amend- not voting 7, as follows: Coble Keller Shays ment. Collins Kelly Sherwood [Roll No. 268] RECORDED VOTE Combest Kennedy (MN) Shimkus AYES—141 Condit Kerns Shuster The CHAIRMAN pro tempore. A re- Ackerman Hinojosa Olver Cooksey Kilpatrick Simmons corded vote has been demanded. Costello King (NY) Allen Holt Owens Simpson A recorded vote was ordered. Andrews Honda Pallone Cox Kingston Skeen Baca Hooley Pascrell Cramer Kirk Skelton The CHAIRMAN pro tempore. This Baird Hoyer Pastor Crane Knollenberg Smith (MI) will be a 5-minute vote. Baldacci Inslee Payne Crenshaw Kolbe Smith (NJ) The vote was taken by electronic de- Baldwin Jackson (IL) Pelosi Cubin Kucinich Smith (TX) Barcia Jackson-Lee Pomeroy Culberson LaHood Souder vice, and there were—ayes 151, noes 274, Barrett (TX) Price (NC) Cummings Lampson Stearns not voting 8, as follows: Becerra Jefferson Rangel Cunningham Largent Stenholm [Roll No. 269] Berkley John Rivers Davis (FL) Latham Stump Berry Jones (OH) Roemer Davis, Jo Ann LaTourette Stupak AYES—151 Bishop Kaptur Rothman Davis, Tom Leach Sununu Ackerman Doggett Lampson Bonior Kennedy (RI) Roybal-Allard Deal Lewis (CA) Sweeney Allen Edwards Langevin Boswell Kildee Rush Delahunt Lewis (KY) Tancredo Andrews Eshoo Lantos Boyd Kind (WI) Sanchez DeLay Linder Tauzin Baird Etheridge Larsen (WA) Brady (PA) Kleczka Sanders DeMint LoBiondo Taylor (NC) Baldacci Farr Lee Brown (FL) LaFalce Sandlin Diaz-Balart Lucas (KY) Terry Baldwin Fattah Levin Brown (OH) Langevin Sawyer Dicks Lucas (OK) Thomas Barrett Filner Lewis (GA) Capps Lantos Schakowsky Dooley Manzullo Thompson (CA) Becerra Ford Lofgren Capuano Larsen (WA) Schiff Doolittle Mascara Thornberry Bentsen Frank Lowey Carson (OK) Larson (CT) Sherman Doyle Matsui Thune Berkley Frost Lucas (KY) Clay Lee Shows Dreier McCarthy (NY) Tiahrt Bonior Gephardt Luther Clement Levin Slaughter Duncan McCrery Tiberi Borski Gordon Maloney (CT) Tierney Coyne Lewis (GA) Smith (WA) Dunn McHugh Boswell Green (TX) Maloney (NY) Toomey Crowley Lofgren Solis Ehlers McInnis Boyd Gutierrez Markey Davis (CA) Traficant Lowey Spratt Ehrlich McIntyre Brady (PA) Harman Mascara Davis (IL) Luther Stark Upton Emerson McKeon Brown (FL) Hastings (FL) Matheson DeFazio Maloney (CT) Strickland Vitter Engel McNulty Brown (OH) Hill McCarthy (MO) DeGette Maloney (NY) Tanner Walden English Mica Capps Hinchey McCarthy (NY) DeLauro Markey Tauscher Walsh Evans Miller (FL) Capuano Hinojosa McCollum Deutsch Matheson Taylor (MS) Wamp Carson (OK) Hoeffel Everett Miller, Gary McGovern Dingell McCarthy (MO) Thompson (MS) Watkins (OK) Clay Holt McIntyre Ferguson Mink Doggett McCollum Thurman Watts (OK) Clayton Honda McKinney Flake Mollohan Edwards McDermott Towns Weldon (FL) Clement Hoyer Meehan Fletcher Moore Eshoo McGovern Turner Weldon (PA) Coyne Inslee Meek (FL) Foley Moran (KS) Etheridge McKinney Udall (CO) Weller Crowley Jackson (IL) Meeks (NY) Forbes Morella Farr Meehan Udall (NM) Wexler Cummings John Menendez Fattah Meek (FL) Velazquez Fossella Murtha Whitfield Davis (CA) Jones (OH) Millender- Filner Meeks (NY) Visclosky Frelinghuysen Myrick Wicker Davis (FL) Kaptur McDonald Ford Menendez Waters Gallegly Nadler Wilson Davis (IL) Kennedy (RI) Miller, George Frank Millender- Watson (CA) Ganske Nethercutt Wolf DeFazio Kildee Moore Frost McDonald Watt (NC) Gekas Ney Wynn DeGette Kilpatrick Moran (VA) Gephardt Miller, George Waxman Gibbons Northup Young (AK) DeLauro Kind (WI) Nadler Green (TX) Moran (VA) Weiner Gilchrest Norwood Young (FL) Deutsch Kleczka Napolitano Gutierrez Napolitano Woolsey Gillmor Nussle Dicks Kucinich Neal Harman Neal Wu Gilman Oberstar Dingell LaFalce Oberstar Hinchey Obey Goode Ortiz

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.117 pfrm01 PsN: H25PT1 H4596 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Obey Rush Tauscher Tanner Tiberi Weldon (FL) There was no objection. Olver Sabo Thurman Tauzin Toomey Weldon (PA) Owens Sanders Tierney Taylor (MS) Traficant Weller b 1600 Pallone Sandlin Towns Taylor (NC) Upton Whitfield Pascrell Sawyer Turner Terry Vitter Wicker Mr. WYNN. Mr. Chairman, I yield Payne Schakowsky Udall (CO) Thomas Walden Wilson myself such time as I may consume. Pelosi Schiff Udall (NM) Thompson (CA) Walsh Wolf Mr. Chairman, I rise in support of Pomeroy Scott Velazquez Thompson (MS) Wamp Wynn this amendment to focus on a problem Price (NC) Serrano Visclosky Thornberry Watkins (OK) Young (AK) Rahall Sherman Watson (CA) Thune Watt (NC) Young (FL) facing our government, and that is un- Rangel Slaughter Waxman Tiahrt Watts (OK) regulated and uncontrolled out Weiner Rivers Smith (WA) NOT VOTING—8 sourcing, or, as it is sometimes called, Rodriguez Solis Wexler Roemer Spratt Woolsey Conyers Lipinski Spence privatization. The amendment specifi- Rothman Stark Wu Gonzalez Scarborough Waters cally says that in contracting out, Roybal-Allard Strickland Johnson, E. B. Snyder privatizing or otherwise giving Federal work to the private sector, that we ad- NOES—274 b 1555 So the amendment was rejected. here to existing law, Public Law 105– Abercrombie Foley McInnis 270. Aderholt Forbes McKeon The result of the vote was announced Akin Fossella McNulty as above recorded. This law, known as the FAIR Act, Armey Frelinghuysen Mica the Federal Activities Inventory Re- f Baca Gallegly Miller (FL) form Act of 1998, basically says that Bachus Ganske Miller, Gary PERSONAL EXPLANATION Baker Gekas Mink whenever there should be an Ballenger Gibbons Mollohan Ms. EDDIE BERNICE JOHNSON of Texas. outsourcing, there shall also be a com- Barcia Gilchrest Moran (KS) Mr. Chairman, on rollcall Nos. 268 and 269— petition to determine that the tax- Barr Gillmor Morella payer gets best value, best value in Bartlett Gilman Murtha Inslee amendment and Hinchy amendment—I Barton Goode Myrick was detained in a Senate meeting on Election terms of quality and in terms of cost. Bass Goodlatte Nethercutt Reform. Had I been present, I would have Unfortunately, we find Federal agen- Bereuter Goss Ney voted ‘‘yea’’ on both. cies are not adhering to the FAIR Act; Berman Graham Northup The CHAIRMAN pro tempore (Mr. Berry Granger Norwood they are outsourcing without this con- Biggert Graves Nussle GUTKNECHT). Pursuant to the order of trol mechanism, and what we further Bilirakis Green (WI) Ortiz the House of today, during consider- find is that this outsourcing has not Bishop Greenwood Osborne ation of the amendments numbered 5, 7 been beneficial to the taxpayer. Blagojevich Grucci Ose and 8, the following order shall apply: Blumenauer Gutknecht Otter Let me give you an example. In the Blunt Hall (OH) Oxley (1) The amendment numbered 7 shall fiscal year 2000 Defense Appropriations Boehlert Hall (TX) Pastor immediately follow disposition of, or bill, my Republican colleagues wrote, Boehner Hansen Paul postponement of further proceedings ‘‘There is no clear evidence that the Bonilla Hart Pence on, the amendment numbered 5. current DOD outsourcing and privat- Bono Hastings (WA) Peterson (MN) (2) The amendment numbered 5 shall Boucher Hayes Peterson (PA) ization effort is reducing the cost of Brady (TX) Hayworth Petri be subject only to the amendment by support functions within DOD with Brown (SC) Hefley Phelps the gentleman from Arizona (Mr. Bryant Herger Pickering high cost contractors simply replacing FLAKE) that has been placed at the government employees. In addition, Burr Hilleary Pitts desk. Burton Hilliard Platts the current privatization effort appears (3) The amendment numbered 7 shall Buyer Hobson Pombo to have created serious oversight prob- Callahan Hoekstra Portman be subject only to one substantive Calvert Holden Pryce (OH) amendment. lems for DOD, especially in those cases Camp Hooley Putnam (4) The amendments numbered 5 and where DOD has contracted for financial Cannon Horn Quinn management and other routine admin- Cantor Hostettler Radanovich 7, and each specified amendment there- Capito Houghton Ramstad to, each shall be debatable for 20 min- istrative functions.’’ Cardin Hulshof Regula utes, equally divided and controlled by My point is, there is no evidence that Carson (IN) Hunter Rehberg the proponent and an opponent except outsourcing is, per se, better than Fed- Castle Hutchinson Reyes eral employees. The United States Gov- Chabot Hyde Reynolds that the chairman and ranking minor- Chambliss Isakson Riley ity member of the Committee on Ap- ernment has a great resource in its Clyburn Israel Rogers (KY) propriations, or a designee, each may Federal employees. We also have a Coble Issa Rogers (MI) great resource in private sector compa- Collins Istook Rohrabacher offer one pro forma amendment for the Combest Jackson-Lee Ros-Lehtinen purpose of further debate on any of nies. We ought to have a competition Condit (TX) Ross those pending amendments. in which Federal employees can com- Cooksey Jefferson Roukema (5) Debate on the amendment num- pete against private companies for Costello Jenkins Royce those jobs that are considered for being Cox Johnson (CT) Ryan (WI) bered 8, and all amendments thereto, Cramer Johnson (IL) Ryun (KS) shall be limited to 1 hour, equally di- contracted out. Crane Johnson, Sam Sanchez vided and controlled by the proponent That is what this bill would do. It is Crenshaw Jones (NC) Saxton and an opponent. quite simple. It would give the tax- Cubin Kanjorski Schaffer Culberson Keller Schrock AMENDMENT OFFERED BY MR. WYNN payer best value, both in terms of qual- Cunningham Kelly Sensenbrenner Mr. WYNN. Mr. Chairman, I offer an ity and in terms of cost. It merely re- Davis, Jo Ann Kennedy (MN) Sessions amendment. quires the agencies to abide by our cur- Davis, Tom Kerns Shadegg rent law, which requires competition. Deal King (NY) Shaw The Clerk read as follows: Delahunt Kingston Shays Amendment offered by Mr. WYNN: Mr. Chairman, I reserve the balance DeLay Kirk Sherwood At the end of the bill (preceding the short of my time. DeMint Knollenberg Shimkus title) insert the following new section: Mr. TOM DAVIS of Virginia. Mr. Diaz-Balart Kolbe Shows SEC. ll. None of the funds made available Chairman, I rise to oppose the amend- Dooley LaHood Shuster in this Act may be used to initiate the proc- Doolittle Largent Simmons ess of contracting out, outsourcing, ment and claim the time in opposition. Doyle Larson (CT) Simpson privatizing, or converting any Federal Gov- The CHAIRMAN pro tempore (Mr. Dreier Latham Skeen THORNBERRY). The gentleman from Vir- Duncan LaTourette Skelton ernment services in contravention of Public Dunn Leach Smith (MI) Law 105–270. ginia is recognized for 5 minutes. Ehlers Lewis (CA) Smith (NJ) Mr. ISTOOK. Mr. Chairman, I ask Mr. TOM DAVIS of Virginia. Mr. Ehrlich Lewis (KY) Smith (TX) unanimous consent that all debate on Chairman, I yield myself such time as Emerson Linder Souder Engel LoBiondo Stearns this amendment be limited to 10 min- I may consume. English Lucas (OK) Stenholm utes, equally divided and controlled by Mr. Chairman, I certainly agree with Evans Manzullo Stump the proponent and an opponent. some of the things my colleague said in Everett Matsui Stupak The CHAIRMAN pro tempore. Is terms of outsourcing and trying to Ferguson McCrery Sununu Flake McDermott Sweeney there objection to the request of the make it so it is not uncontrolled and Fletcher McHugh Tancredo gentleman from Oklahoma? unpredictable. The difficulty with this

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.020 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4597 amendment is that it does not just im- take too long? Not necessarily, when The CHAIRMAN pro tempore (Mr. plement the FAIR Act, the Federal Ac- you consider the length of some of the SHIMKUS). Each side has 11⁄2 minutes re- tivities Inventory Reform Act. That contracts involved, 3-year, 5-year con- maining. Because the gentleman from act applied only to commercial activi- tracts. The process is a reasonable Virginia (Mr. TOM DAVIS) is not a mem- ties. process that gives Federal employees a ber of the committee, the gentleman This act, if you read the language, fair opportunity. from Maryland (Mr. WYNN) has the says none of the funds made available If Federal employees are not per- right to close the debate. may be used to initiate the process of forming some of these IT functions Mr. TOM DAVIS of Virginia. Mr. contracting out, outsourcing, priva- now, there would be no competition be- Chairman, I yield 30 seconds to the tizing, converting any Federal Govern- tween Federal employees; it would be gentleman from Virginia (Mr. MORAN). ment services. competition purely between private Mr. MORAN of Virginia. Mr. Chair- This applies to IT functions, it ap- sector versus private sector. On the man, I am very much troubled by an plies to SEAT management, it applies other hand, however, if Federal em- article that was written by Steve to ship construction, it applies to Jav- ployees are performing these functions Kelman, who was President Clinton’s its-Wagner-O’Day functions, engineer- now and if they are doing a good job by Director of Federal Procurement Pol- ing functions. What it does in these virtue of both the cost that they icy in the White House. Many may functions under the current regula- charge to the Government as well as know Steve. Mr. Kelman says, tions as they are written is we will the quality that they provide based on This is not a pretty picture. If this was have to use the A–76 process in terms their experience, then they should have passed, it could literally grind government of going out sourcing any of these. the opportunity to compete to perform to a halt. What TRAC does is enormously ex- The A–76 process is used in only 2 that contract as against a private sec- pand the scope of the Office of Management percent of DOD contracts, and in al- tor company that is applying for that and Budget’s Circular A–76, and it will in- most no civilian contracts, because it clude services that have always been con- contract for the first time and may not tracted out in the past. It particularly af- is a 2-year process. This would basi- be able to provide the same value. fects telecommunications services and infor- cally freeze outsourcing in non-com- I believe this is a reasonable ap- mation technology. It is a troubling proce- mercial areas, something the FAIR Act proach. dure that almost exclusively focuses on was not intended to apply to origi- Mr. Chairman, I reserve the balance costs, rather than best value, and demands nally. of my time. huge investments of time and resources. This amendment, in my judgment, is Mr. TOM DAVIS of Virginia. Mr. I think that is a troubling assess- going to hinder and possibly shut down Chairman, I yield 11⁄2 minutes to the ment from somebody who understands segments of the Federal Government’s gentleman from Texas (Mr. SESSIONS). the issue. operations because we do not have in Mr. SESSIONS. Mr. Chairman, I Mr. TOM DAVIS of Virginia. Mr. many of these areas of high expertise thank the gentleman for yielding me Chairman, I yield 30 seconds to the information technology, engineering, time and also rise in opposition to this gentleman from Georgia (Mr. KING- the in-house capability to perform Wynn amendment. STON). them. Mr. Chairman, the fact of the matter Mr. KINGSTON. Mr. Chairman, I Last year Congress mandated that is that the gentleman from Maryland want my friend from Maryland to know GAO create the Commercial Activities (Mr. WYNN) has been honest about his I stand in opposition, but reluctant op- Panel to study the policies and proce- objections. The gentleman from Mary- position, because I too see a lot of im- dures governing the transfer of the land (Mr. WYNN) does not like perfections with the A–76 study ap- Federal Government’s commercial ac- outsourcing. The gentleman from proach. I see a lot of families getting tivities from its employees to contrac- Maryland (Mr. WYNN) wants to try and booted in midlife, mid-career, and tors. stop outsourcing as it is occurring often the subcontractors come back This panel is going to report back to across the Federal Government today, and rebill their costs. So I see a lot of Congress in May, next year, with rec- and several weeks ago we were in a imperfections with it. ommendations for improvements. I be- hearing where we attempted to talk But I do think one of the problems lieve that Congress should await the about not only the impact, but also with TRAC and the reason I have not results of this review before we start to how things are occurring in the mar- cosponsored it is because, as the gen- legislate on that issue. ketplace today as a result of the FAIR tleman from Virginia (Mr. TOM DAVIS) So it is for those reasons that I would Act. says, you have engineering, a lot of urge my colleagues to oppose this I oppose this amendment because I subcontracting, and routine mainte- amendment. believe that we are waiting to find out nance and security issues which the Mr. Chairman, I reserve the balance what the results really are. The hear- Federal Government under this legisla- of my time. ing that we held offered an opportunity tion would not be able to farm out, and Mr. WYNN. Mr. Chairman, I yield for both sides to provide input. those are things the Federal Govern- myself such time as I may consume. I believe what this will do today is to ment needs to do. Mr. Chairman, I would like to com- shortcut a process that had begun sev- I want to wait for the study, but I ment on a couple points made by my eral years ago, where we are waiting to wanted my friend from Maryland to good friend and colleague from North- find out the real-life examples about know I want to work with him in the ern Virginia. First of all, it should be how well outsourcing can take place, future, but it is important to wait for clearly understood, this amendment to where not only the effect of saving the study. would not affect any existing con- money, but also utilizing the most Mr. TOM DAVIS of Virginia. Mr. tracts. Any existing contracts, com- cost-effective services, to where we can Chairman, I yield myself the balance of mercial or non-commercial, are not af- allow agencies to go and do those my time. fected by this bill. things that are their core competency Mr. Chairman, I also want to pay Second, this bill is current law. Now, and to engage themselves in the effec- tribute to my friend from Maryland, the gentleman may be correct in some tiveness for government, is what we who I honor and look forward to work- respects that current law does not are after. ing with; but on this issue we have to work as well as we would like, but that I support the gentleman from Vir- agree, this amendment is opposed by is not unique to this body, unfortu- ginia (Mr. TOM DAVIS). I think what the ITAA, the American Electronics nately; and efforts are under way to the gentleman from Virginia (Chair- Association, the Professional Services streamline current law. But it is cur- man DAVIS) is talking about is defeat- Council, and, of course, the administra- rent law; and it does say before you out ing the Wynn amendment because it is tion. source, you should have competition. shortcutting, short-circuiting, our abil- What this does is expand what is cur- We regularly come to the floor and ity to hear back a report that is due to rently reserved for commercial activi- talk about the benefits to the taxpayer us, where we can make a decision based ties, to Javits-Wagner-O’Day Act, to of greater competition. There should be on the facts of the case and what we recompetes in many sources cases. This more competition. Does the process are presently doing. could grind outsourcing to a halt. That

VerDate 25-JUL-2001 04:24 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.125 pfrm01 PsN: H25PT1 H4598 CONGRESSIONAL RECORD — HOUSE July 25, 2001 is our concern on this, that it is overly First, I am very pleased that the pay FLAKE) wish to offer his amendment at broad. parity language for Federal employees this time? I intend to work with the gentleman and the contraceptive coverage for Mr. FLAKE. No, Mr. Chairman. over the next year to try to get some- Federal employees were included dur- The CHAIRMAN pro tempore. Does thing workable on this. We have held ing committee markup of this bill. the gentleman from New Jersey (Mr. hearings in our committee on this, but These are necessary changes. I applaud ROTHMAN) seek the time in opposition I think this amendment goes too far the committee. to the amendment of the gentleman and it is not in the interests of the Secondly, I want to thank the chair- from New Jersey (Mr. SMITH)? American taxpayer. So I have to urge man for including a 1-year extension Mr. ROTHMAN. No, Mr. Chairman. I my colleagues to disapprove it. allowing agencies to help low-income am sharing time with the gentleman Mr. WYNN. Mr. Chairman, I yield employees pay for child care. Many from New Jersey (Mr. SMITH). myself the balance of my time. Federal employees are caught in a seri- The CHAIRMAN pro tempore. Is Mr. Chairman, I would first like to ous child care crunch. A recent study there a Member seeking time in opposi- acknowledge the gentleman is abso- showed that one-quarter of all Federal tion? Mr. FLAKE. Mr. Chairman, I seek lutely correct, he has been very gen- workers had children under the age of erous in attempting to work with us the time in opposition. 6 needing care at some time during the The CHAIRMAN pro tempore. The and allowing us to have hearings on workday. this issue. Chair recognizes the gentleman from I want to make a few brief points b 1615 New Jersey (Mr. SMITH) for 10 minutes. that I have to emphasize. One, no exist- In some Federal child care facilities, Mr. SMITH of New Jersey. Mr. Chair- ing contracts will be affected by this employees are charged up to $10,000 or man, I ask unanimous consent that the amendment; two, if this work is not more per child per year. Many Federal gentleman from New Jersey (Mr. ROTH- currently being done by Federal em- employees simply cannot afford qual- MAN), my good friend and colleague and ployees and is in fact being outsourced ity child care. So giving agencies the coauthor of this amendment, be al- and competed among private sector flexibility to help their workers meet lowed to control half of my time. companies, that will continue. So those their child care needs encourages fam- The CHAIRMAN. Is there objection concerns probably do not apply. ily-friendly work places and higher to the request of the gentleman from Now, what we are saying in this productivity. New Jersey? There was no objection. amendment is simply this: follow exist- It is my hope that we can eventually Mr. SMITH of New Jersey. Mr. Chair- ing law. Existing law, the FAIR Act, pass a bill that will allow agencies to man, I yield myself 2 minutes and 15 says there shall be competition, pri- be authorized to permanently use vate-public competition or private-pri- seconds. money from their salary and expense Among the largest new sources of vate competition. In the case of Fed- accounts to help low-income employees eral employees who are doing a good revenue we could possibly provide the pay for child care. I have such a bill, Castro regime at this point would be job, they ought to have the right to H.R. 555, that would do just that. I compete to keep their jobs, to do the large scale United States tourism. So I hope that the chairman would support and the gentleman from New Jersey work and give the taxpayer best value. me in such an initiative in the future. If the private sector company can do it (Mr. ROTHMAN) are offering this human Mr. Chairman, I encourage support rights amendment in the hope that any better in terms of value and costs, then for the bill. the private sector would get the con- lifting of remaining travel restrictions AMENDMENT NO. 5 OFFERED BY MR. SMITH OF to Cuba will be done carefully and tract. NEW JERSEY Finally, the suggestion has been thoughtfully with some regard to the Mr. SMITH of New Jersey. Mr. Chair- consequences. made that since we are having a GAO man, I offer an amendment. study, we do not need this amendment. Mr. Chairman, it is important to be The CHAIRMAN. The Clerk will des- honest about what we are talking I reiterate, this is the law. We ought to ignate the amendment. follow it. If the GAO study comes back about when we talk about tourism to The text of the amendment is as fol- Cuba. The dictatorship gets rich— and says we need to change the A–76 lows: process, make it less burdensome, I filthy rich—let us make no mistake Amendment No. 5 offered by Mr. SMITH of about that, and will go on its merry would be the first one to say that is a New Jersey: good idea and we ought to do that and At the end of the bill, insert after the last way in arresting, beating, and tor- accommodate the need to streamline section (preceding the short title) the fol- turing political dissidents. the process. lowing new section: Let me just point out, Mr. Chairman, But competition is good for America, SEC. ll. None of the funds made available that Human Rights Watch, in its re- whether it is competition between two in this Act may be used to administer or en- port, and I urge Members to read it, private sector companies or whether it force part 515 of title 31, Code of Federal Reg- makes the point that conditions in is competition between hard-working ulations (the Cuban Assets Control Regula- Cuba’s prisons are inhuman. In recent tions) with respect to any travel or travel-re- years, Cuba has added new repressive Federal employees with high levels of lated transaction, after the President has competence and private sector employ- laws. certified to Congress that the Cuban Govern- Torture is commonplace in Cuba, and ees, companies who want to take their ment has released all political prisoners and jobs. Let the competition begin. I be- has returned to the jurisdiction of the ugly beyond words. There is no freedom lieve this amendment is consistent United States Government all persons resid- of speech or assembly in Cuba. The peo- with that philosophy. ing in Cuba who are sought by the United ple of Cuba have no right to emigrate. The CHAIRMAN pro tempore. The States Government for the crimes of air pi- And dissent continues to be suppressed question is on the amendment offered racy, narcotics trafficking, or murder. with unspeakable cruelty. In light of by the gentleman from Maryland (Mr. The CHAIRMAN pro tempore (Mr. this we should lift the travel ban. And WYNN). SHIMKUS). Pursuant to the order of the to make matters worse, there is an- The amendment was rejected. House of today, the gentleman from other outrageous lucrative form of Mrs. MORELLA. Mr. Chairman, I New Jersey (Mr. SMITH) and a Member travel to Cuba called sex tourism. Cuba move to strike the last word. opposed each will control 10 minutes. is on the short list of destinations for Mr. Chairman, I move to strike the The Chair recognizes the gentleman middle-aged men looking for inexpen- last word and to lend my support to the from New Jersey (Mr. SMITH). sive commercial sex, including sexual Treasury-Postal appropriations bill be- Mr. SMITH of New Jersey. Mr. Chair- exploitation by children, which is ac- fore us that we are now debating and man, might I inquire whether or not tively condoned by the government. We discussing. Although I unfortunately the gentleman from Arizona (Mr. should have no part whatsoever in fa- was not able to be on the floor during FLAKE) will offer his amendment now, cilitating this kind of exploitation. general debate, I really want to state and then the time will be equally di- I want to make very clear, Mr. Chair- my support for this bill and focus on an vided? man, that under current U.S. policy important provision that was included The CHAIRMAN pro tempore. Does vis-a-vis Cuba much travel is per- by the committee. the gentleman from Arizona (Mr. mitted. As a result of Clinton’s soft

VerDate 25-JUL-2001 04:26 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.128 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4599 and feckless policy towards Cuba, There was no objection. and sentenced her to life in prison for Americans can and do travel to Cuba The CHAIRMAN pro tempore. Pursu- the death of New Jersey State Trooper for certain purposes: journalism, edu- ant to the order of the House of today, Foerster. She escaped prison and she cational purposes, humanitarian mis- the gentleman from Arizona (Mr. went to Cuba where she now resides sions, government business, sick fam- FLAKE) and the gentleman from New and lives freely. She is one of over 77 ily members, and the list goes on. The Jersey (Mr. SMITH) each will control 10 convicted felons living in freedom in amendment I propose today focuses on additional minutes. Cuba. We cannot get her back. Why the tourist industry and whether or not Mr. SMITH of New Jersey. Mr. Chair- not? Castro will not send back those reasonable, modest conditions should man, I ask unanimous consent to di- Americans convicted of crimes in be imposed before we lift that par- vide my time with the gentleman from America, including murder and air pi- ticular travel ban. New Jersey (Mr. ROTHMAN). racy; he will not permit them to come Our amendment has two conditions: The CHAIRMAN pro tempore. Is back. the Cuban government should return there objection to the request of the Now, some of my colleagues, good the violent criminals who have escaped gentleman from New Jersey? and decent people all, wish and believe American justice and who are cur- There was no objection. forthrightly that travel restrictions rently hiding out in Cuba. The case of The CHAIRMAN pro tempore. The should be lifted on Cuba. They say it Joanne Chesimard is particularly egre- Chair recognizes the gentleman from hurts Americans. gious. Chesimard was sentenced to life Arizona (Mr. FLAKE). Well, we have sanctions on all kinds for the murder of a New Jersey State Mr. FLAKE. Mr. Chairman, I yield of countries. We had it on Libya, we Trooper, Werner Foerster, but is now myself such time as I may consume. just voted on that yesterday; Libya and living it up in Cuba. She—and scores of I rise in support of this substitute in Iran, and other countries who do ter- other murderers and air pirates and the form of an amendment. As we grew rible things to our people. Cuba is drug smugglers—must be returned to up in school, we were told that the dif- doing the same. Think of the widow the U.S. to serve their time behind ference between us and other nations is and the orphaned son of Trooper bars. that we would allow our citizens to Foerster and those families of the The second condition, Mr. Chairman, travel anywhere they want to. We other victims of the 77 felons still in has to do with the release of hundreds could travel the world, see other cul- Cuba. How would we answer them when of political prisoners. The State De- tures, visit other countries, without my colleagues say, well, let us release partment’s Country Reports estimates fear that we would find something bet- and do away with all restrictions on that there are between 300–400 political ter. Here, we are being told that that is travel to Cuba. They have no good an- prisoners, and they are being mis- not right. swer. Castro must release those indi- treated, tortured and abused. Before we I as a government official can travel viduals and then we can have free trade give the green light to tourism en to Cuba, but if someone in my family with Cuba. We already have some trade masse, before we head to Havana with or some of my friends at home or oth- and travel with Cuba; we need the stick bathing suits in our bags and fun and ers want to travel to Cuba, they have and carrot approach. Castro needs to diversion on our minds, let’s not forget to seek a license. Now, that is wrong. return those convicts to serve their the persecuted and the oppressed. This amendment simply states that time in America. Let us not abandon, undermine or be- we ought to allow everybody the same Mr. Chairman, I reserve the balance tray some of the most courageous dis- privilege that we have as government of my time. sidents on the face of the earth. officials. They ought to be able to trav- Mr. FLAKE. Mr. Chairman, I yield 2 We should lift the travel ban, if and el to Cuba. We allow individuals to minutes to the gentleman from Massa- only if all political prisoners are re- travel to North Korea. There are ter- chusetts (Mr. MCGOVERN). leased. We should lift the travel ban, rible human rights abuses going on Mr. MCGOVERN. Mr. Chairman, I only when all cop killers and felons there. We allow individuals to go to rise in strong support of the substitute convicted in the U.S. are back in U.S. Sudan. There is human slavery going amendment offered by the gentleman prisons. on in Sudan, probably discovered by from Arizona (Mr. FLAKE) to ensure Vote ‘‘no’’ on Flake and ‘‘yes’’ on people going there on visits. We allow that no funds in this bill may be used Smith-Rothman. people to go to Iran. Iran considers us to enforce travel sanctions on Cuba. Mr. Chairman, I reserve the balance the ‘‘Great Satan’’ and has been impli- Mr. Chairman, in January of 1998, I of my time. cated in State-sponsored terrorism. was in Cuba to witness the historic AMENDMENT OFFERED BY MR. FLAKE AS A SUB- But somehow, we still do not allow our visit by Pope John Paul II. During his STITUTE FOR AMENDMENT NO. 5 OFFERED BY citizens to go to Cuba. That is simply time in Cuba, the Pope declared ‘‘May MR. SMITH OF NEW JERSEY wrong. Cuba, with all its magnificent poten- Mr. FLAKE. Mr. Chairman, I offer an Now, Fidel Castro, let us stipulate tial, open itself to the world and may amendment as a substitute for the from the very beginning, is a tyrant, the world open itself up to Cuba.’’ amendment. and we ought to stipulate that from Mr. Chairman, whenever I travel to The Clerk read as follows: the beginning and decide how best can Cuba, I try to meet with Ekizardo Amendment offered by Mr. FLAKE as a sub- we bring change to that island. The Sanchez, one of the most respected dis- stitute for amendment No. 5 offered by Mr. best way, I believe, is through engage- sidents inside Cuba and someone who MITH S of New Jersey: 1 At the end of the bill, insert after the last ment, not isolation. actually spent 8 ⁄2 years in a Cuban section (preceding the short title) the fol- Mr. Chairman, I reserve the balance prison. Mr. Sanchez has repeatedly lowing new section: of my time. stated, ‘‘The more Americans on the SEC. 644. (a) None of the funds made avail- Mr. ROTHMAN. Mr. Chairman, I streets of Cuban cities, the better for able in this Act may be used to administer or yield myself such time as I may con- the cause of a more open society in enforce part 515 of title 31, Code of Federal sume. Cuba.’’ Regulations (the Cuban Assets Control Regu- First let me thank the gentleman I firmly believe that unrestricted lations) with respect to any travel or travel- related transaction. from New Jersey (Mr. SMITH), my dis- travel by Americans to Cuba would be (b) The limitation established in sub- tinguished friend, who is really a na- one of the best actions the United section (a) shall not apply to transactions in tional leader around the world for States could take to open political relation to any business travel covered by human rights, and it is a privilege to space for all Cubans. Most importantly, section 515.560(g) of such part 515. be a coauthor of this amendment with however, I support this amendment be- Mr. FLAKE (during the reading). Mr. him. cause I firmly believe it is the right of Chairman, I ask unanimous consent In 1973, Mr. Chairman, New Jersey all Americans to be able to travel that the amendment be considered as State Trooper Werner Foerster was wherever they wish. read and printed in the RECORD. shot in the back of the head on a New The current sanctions on travel to The CHAIRMAN pro tempore. Is Jersey highway. A New Jersey jury, Cuba are undemocratic and go against there objection to the request of the after its deliberations, convicted Jo- the traditions and the values that gentleman from Arizona? anne Chesimard of first degree murder make the United States of America so

VerDate 25-JUL-2001 04:44 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.137 pfrm01 PsN: H25PT1 H4600 CONGRESSIONAL RECORD — HOUSE July 25, 2001 great and so respected in the eyes of ism healthier than Cuba’s. This ap- been in effect now for 7 years which the world community. The American peared in the July, 2000, edition of the says, when we impose sanctions, we people are not fools. They should be New Republic. can no longer restrict the right of able to see firsthand both the good and I rise in support of the Smith amend- Americans to travel. Iran sanctions, the bad about today’s Cuba. They do ment because he does not ignore polit- yes. Banning Americans from going to not need the United States Govern- ical prisoners, such as Dr. Oscar Elias Iran, no. That is existing Federal law. ment to censor what they can see. Biscet, Vladimiro Roca, and Jorge Luis I hear and I understand the evils of I trust the American people. I believe Garcia Perez, who languish in squalid the Castro regime and the stories. Are in their right to travel freely. I should jail cells in isolation, devoid of any they worse than any of the stories of also add that I have met with countless light. the gulag in the Soviet Union, or Com- Cuban Americans who believe they I ask my colleagues to search their munist China during the cultural revo- should have the right to visit their rel- conscience, to listen to the echoes of lution, or North Korea, or any other atives in Cuba any time they want and America’s Founding Fathers who un- place where Americans have an not just when some bureaucrat at the derstood that when one people suffer, unimpeded right, and always did, to Treasury Department says they can. all of humanity suffers. travel? Why? Because it is in America’s Last year, this amendment passed Mr. FLAKE. Mr. Chairman, I yield 1 foreign policy interest to establish con- with strong bipartisan support. I urge minute to the gentleman from Idaho tact with the people of those countries. my colleagues to support the Flake (Mr. OTTER). People-to-people diplomacy is the most substitute. This is the right thing to Mr. OTTER. Mr. Chairman, I rise in effective diplomacy. Why is Castro still in and the Soviet do. I hope it will be passed with a very strong support of the Flake amend- ment. Many years ago, Hans J. Union collapsed? What a great policy strong vote. we have. He is the longest-standing Mr. SMITH of New Jersey. Mr. Chair- Morganthau once said that when food does not cross borders, troops will. leader in the world. Boy, has American man, I yield 2 minutes to the distin- policy worked. guished gentlewoman from Florida What he meant by that is the basic of all relationships is really trade and By the way, to my friends on the (Ms. ROS-LEHTINEN), the chairwoman of other side of the aisle, people who the Subcommittee on International commerce. I sincerely believe that not only what make compelling arguments frequently Human Rights. Hans J. Morganthau said, but also about the absurdity of some govern- Ms. ROS-LEHTINEN. Mr. Chairman, what one of my predecessors, Congress- ment regulation, the notion that a I rise in strong opposition to the Flake man Steve Symms, said when the Federal agency, the Office of Foreign amendment because it would prolong Carter administration first shut down Assets Control, decides who can go and the suffering and the oppression of the free and available travel between the who cannot go, whether we like the Cuban people under the totalitarian United States and Cuba. purpose of the trip or whether we do Castro regime, and I support the Smith He said, if we truly want to change not. amendment, because it would deny the Cuba, if we truly want there to be a Micromanaging the details of the in- Cuban dictatorship additional funds to revolution, what we should do is load dividual American’s right to go to a host killers of U.S. police officers, cop up a B–52 bomber and fly over the place and establish those contacts I suggest to Members is totally incon- killers such as Joanne Chesimard, who Cuban island and open those bomb sistent and an anathema to the entire gunned down, in cold blood, New Jersey doors and allow millions of Sears Roe- philosophy of the GOP party. This is State Trooper Werner Foerster, or buck catalogs to fall on Cuba. And the most absurd kind of regulation, those who murdered New Mexico State when those Cubans opened those cata- that seeks to determine which rel- trooper, James Harper. logues and see what they do not have, The Flake amendment, however, atives have positive purposes, which Mr. Chairman, they will cause their would help keep those and other fugi- people have negative purposes. own revolution. tives of U.S. justice in the lap of lux- It does not work. Government cannot Mr. Chairman, let us open the doors handle that. This is a relic of another ury, fugitives wanted for murder, for and let the light shine in. Instead of kidnapping, for armed robbery, among time. Make this Cuba situation the taking our word for it, the American same as Iran, Russia, all the other au- other terrible crimes. people can go find out for themselves. The Fraternal Order of Police has thoritarian regimes where Americans Mr. ROTHMAN. Mr. Chairman, I are permitted to exercise their con- said this about attempts such as the yield myself 30 seconds. Flake amendment: ‘‘The American peo- stitutional right to travel. Vote for the Mr. Chairman, I ask my colleagues substitute and against the underlying ple and the Fraternal Order of Police who wish to support the Flake amend- do not feel that we must compromise amendment. ment, how did my colleagues just vote Mr. SMITH of New Jersey. Mr. Chair- our system of justice and the fabric of on the Iran-Libya Sanctions Act? Did man, I yield 2 minutes to the distin- our society to foreign dictators like they say, we do not need sanctions? Did guished gentleman from Staten Island, Fidel Castro.’’ they say, we do not need sanctions? No, New York (Mr. FOSSELLA). I oppose the Flake amendment be- they said, in some circumstances, sanc- (Mr. FOSSELLA asked and was given cause it would provide that Communist tions are appropriate. permission to revise and extend his re- regime with much-needed hard cur- In this case, we need sanctions to marks.) rency to extend its reign of terror. make sure that Castro returns the kill- Mr. FOSSELLA. Mr. Chairman, I b 1630 er convicted by an American jury, sen- thank the gentleman from New Jersey tenced to life for the bullet in the back for yielding time to me. This amendment would help propa- of the head to a New Jersey State I just want to talk about three peo- gate a system of slave labor, where 95 trooper, and the 76 other convicted fel- ple. Their names are Rocco Laurie, percent of workers’ wages are retained ons he is harboring in Cuba living free. Werner Foerster, and Joanne by the dictatorship, where the workers Mr. FLAKE. Mr. Chairman, I yield 2 Chesimard. have no individual or collective rights minutes to the gentleman from Cali- Rocco Laurie was born in Staten Is- as they must remain subservient to the fornia (Mr. BERMAN). land. He joined the police department Communist party and the upper cadres (Mr. BERMAN asked and was given in the late 1960s and then enlisted in of the tyrannical regime. permission to revise and extend his re- the Marine Corps and went to Vietnam. The Flake amendment would help marks.) He came back to rejoin the police de- promote a tourist industry built on Mr. BERMAN. Mr. Chairman, I thank partment. prostitution, particularly teenaged the gentleman for yielding time to me. He was married in May of 1970; and, prostitution, and the exploitation of Mr. Chairman, I would say to my in 1972, he and his partner were on a women. In fact, Cuba’s tyrant Fidel friend, the gentleman from New Jersey, foot patrol in the lower East Side of Castro has boasted to his national as- he keeps confusing sanctions with trav- Manhattan. His partner was shot eight sembly that highly educated jineteras, el bans. times in the back and was killed in- who are prostitutes, have low rates of The gentleman has supported, this stantly. Rocco Laurie was shot seven AIDS, and, therefore, there is no tour- body has supported, a law which has times. He died 5 hours later.

VerDate 25-JUL-2001 03:27 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.141 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4601 Werner Foerster was a State trooper again, but if it fails a second time, we it with other countries, and that is to who was shot twice in the chest and are going to be a little more skeptical. have extradition treaties. We cannot then, execution style, twice in the head Maybe by the third time after failure have that unless we are trying to have by Joanne Chesimard. Joanne we will decide to try something new. some relationship, unless we are trying Chesimard was convicted and then fled For 42 years we have tried to change to talk to people. the United States and lives, I guess, as the government of Cuba, and we have What you are doing here really is not a hero in Cuba. failed. It is time for us to try some- beating up on Fidel Castro. He could Recently, a couple of months ago, her thing different that actually may care less what we are talking about companion so many years ago was ar- work. It is time for a change. So Kan- here today.* * * You are saying that rested. He has now brought forward sans with their common sense would we do not trust Americans. charges and reports that Joanne say, okay, we tried, it does not work. Is Mr. SMITH of New Jersey. My Chesimard was involved in planning there not something else we can do? amendment is not disgracing anybody. the assassination and killing of police All of us want to change. Everyone I deeply resent it. * * * officers Rocco Laurie and Foerster, that I have heard speak today wants to Mr. RANGEL. I think the gentleman who were gunned down more than 30 change the behavior of the government is out of order. years ago. in Cuba. The question is, how we do it? Mr. SMITH of New Jersey. The gen- Is it too much to ask that we declare What we have done does not work. I tleman’s disrespect is out of order. and demand of Fidel Castro that he rise in support of the substitute offered Mr. RANGEL. I am telling you this, send someone like Joanne Chesimard by the gentleman from Arizona. that Americans—— back to the United States before we Secretary of State Colin Powell said Mr. SMITH of New Jersey. I ask that pay him these courtesies? Do we not that we will participate in activities words be taken down, Mr. Chairman. owe it to the honor of their families, with Cuba that benefit the people. I The CHAIRMAN. The gentlemen will their legacies, their wives, their police have now met with the dissidents of suspend. department, the communities from Cuba who say that this is the right pol- Would the gentleman from New Jer- which they came? Is that too much to icy and that we can change the behav- sey again state his request of the ask? ior of the country for the benefit of the Chair? I think that is the purpose here. Send Cuban people. I ask that we try some- Mr. SMITH of New Jersey. I would those cop killers back, people who thing new today. ask that the words that we were dis- robbed innocent people of their lives, Mr. ROTHMAN. Mr. Chairman, I gracing the American people with this so that then we can go about our trav- yield 1 minute to the gentleman from amendment be taken down. el. That is fair and reasonable. Florida (Mr. WEXLER). First, I would ask that those words Mr. FLAKE. Mr. Chairman, I yield 2 Mr. WEXLER. Mr. Chairman, I thank minutes to the gentleman from Kansas be read back. the gentleman for yielding time to me. The CHAIRMAN. Members will be (Mr. MORAN). Mr. MORAN of Kansas. Mr. Chair- Mr. Chairman, I rise in support of the seated. man, I thank the gentleman for yield- Smith-Rothman amendment and in op- The gentleman from New York (Mr. ing time to me. position to the Flake amendment. Peo- RANGEL) will be seated. I am somewhat surprised by my pres- ple of good will can have different opin- The Clerk will report the words. ions regarding the efficacy of easing re- ence today on the House floor. It was a b 1645 year ago this month in which we ad- strictions, travel restrictions on Cuba. Mr. RANGEL. Mr. Chairman, I ask dressed the issue of Cuba and the op- But certain facts are undeniable and unanimous consent that my words be portunity to sell agricultural commod- are undebatable: withdrawn. ities, food, and medicine to that coun- First, Cuban citizens enjoy no rights The CHAIRMAN. Is there objection try. By an overwhelming vote of both of free speech; to the request of the gentleman from parties in this House, this amendment Second, there have been and there is New York? was passed. Ultimately, through a long no prospect of there being any demo- There was no objection. process, that amendment is being im- cratic free elections in Cuba; The CHAIRMAN. The gentleman’s plemented, and rules and regulations Third, as has been already pointed have been announced by the Depart- out, Cuba holds hundreds of political words are withdrawn. ment of Treasury for us to comment prisoners who are only guilty of being We will now proceed in order, and the on, and the opportunity for that trade, people of conscience; gentleman from New York (Mr. RAN- at least in theory, is now taking place. And, fourth, Castro continues to dis- GEL) has 45 second remaining of the In that same time frame, an amend- respect in its entirety any basic level time that was yielded to him by the ment was offered to do what the gen- of human rights for his own people. gentleman from Arizona (Mr. FLAKE). tleman from Arizona attempts to ac- Then, on the other hand, the gen- Mr. RANGEL. Mr. Chairman, I would complish today, and by a vote of 232 to tleman from Arizona (Mr. FLAKE) ar- like to make it abundantly clear to the 186 we all agreed that travel to Cuba gues that, although that may be true, gentleman from New Jersey (Mr. should be allowed. Yet that part of the the way to change that is for more SMITH) that the concept that I think is day’s activities a year ago remains to Americans to go to Cuba and allow disgraceful has nothing to do with indi- be implemented. more cash into Cuba. viduals but has something to do with So I rise today to support the gen- I only wish that were true. If it were the American people having the right, tleman from Arizona in his effort to true, it already would have occurred, in my opinion, to visit any country open the opportunity. because Europeans and South Ameri- that they would want to visit. My interest in this topic began really cans and people all over the world have I really believe that it is very bad in a selfish way, in trying to find a way been travelling to Cuba for years. policy for Americans, who are able to to create additional markets for the Mr. FLAKE. Mr. Chairman, I yield 2 go to China, able to go to North Korea, farmers of my State, a place to export minutes to the gentleman from New able to go into Moscow, to be able to their agriculture commodities. But as I York (Mr. RANGEL). say that we are this fearful that we addressed and concerned myself with Mr. RANGEL. Mr. Chairman, I thank will be overwhelmed by the people, the this issue, it became clear to me that the gentleman for yielding time to me. good people in Cuba, or by Fidel Castro this is something more than just about I rise in support of his amendment. or by the military. So it seems to me the self-interest of trade and exports of Mr. Chairman, it is not difficult to that it is really offensive to the Amer- agriculture commodities to Cuba. It is support the positions that are taken by ican people for someone to say that about Cuban people. It is about free- both sides here, those who have con- they have such little confidence in dom. It is about democracy. This is victed murderers in Cuba and would their willpower to succumb to com- about the opportunity of changing a want to see that they meet justice here munism in Cuba when we are strong way of life. in the United States. enough, we are the strongest Nation in In Kansas, we will try something For those, it would seem to me that the entire world, to be able to say that once. If it fails, we very well may try it the best way to do it is the way we do flag that flies so hard is our flag.

VerDate 25-JUL-2001 04:30 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.143 pfrm01 PsN: H25PT1 H4602 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Mr. ROTHMAN. Mr. Chairman, I ple that have been in prison, what do In fact, what we have done is erect yield 1 minute to the gentleman from they think about lifting the travel em- our own Berlin Wall preventing free Missouri (Mr. BLUNT). bargo? They are for it. Now, we can travel of American citizens. To para- Mr. BLUNT. Mr. Chairman, I thank talk all around this issue in this great phrase a former president, President the gentleman for yielding me this Chamber, but what about the people Reagan, it is time to tear the wall time, and I rise in opposition to the that are most affected by this policy? down. amendment that my friend, the gen- They want us to lift the travel embar- The travel ban has allowed our pre- tleman from Arizona (Mr. FLAKE), has go, the people that are dissidents and occupation with Fidel Castro to under- presented, and certainly in support of human rights’ leaders and leaders of mine a fundamental constitutional the amendment offered by the gen- the church in Cuba. right. So let us invade Cuba, again, but tleman from New Jersey (Mr. ROTH- Thirdly, Castro. Castro uses this let us do it this time with academics, MAN) and the gentleman from New Jer- trade and travel embargo to blame us missionaries, investors, human rights sey (Mr. SMITH) before the body today. for his problems. Let us open up the activists, and tourists. Let the college Cuba is different. Cuba is 90 miles system to American ideas of human kids on spring break be the vanguard of away. It is in this hemisphere. The Sec- rights, free markets, capitalism, re- this invasion. I know and I am con- retary of State of the United States spect for one another and for the right fident that the result will be victory says Cuba is different in treatment on to vote. Let us try and change after 40 for the Americans and for the Cubans. these issues. The President of the years of failure. Let us vote for the Mr. SMITH of New Jersey. Mr. Chair- United States says Cuba is different in Flake amendment. man, I yield 2 minutes to the gen- treatment on these issues. Within the b 1700 tleman from Florida (Mr. DIAZ- last 2 weeks, the President has said ALART Mr. ROTHMAN. Mr. Chairman, I B ). Mr. DIAZ-BALART. Mr. Chairman, I that the United States stands opposed yield 1 minute to the gentleman from to such tyranny, talking about Cuba, was having a conversation with a col- Florida (Mr. DEUTSCH). and will oppose any attempt to weaken Mr. DEUTSCH. Mr. Chairman, this is league last night about this issue. He sanctions against the Castro regime an issue that, from my district at said a dissident came from Cuba and until it respects the basic human least, is a local issue. I represent a dis- lobbied against the embargo. I tried to rights of its citizens, frees political trict that is 90 miles from the shores of point out that if the totalitarian re- prisoners, holds democratic free elec- Cuba and people visit under the exist- gime in Cuba allows one to come to the tions, and allows free speech. ing process right now. United States to lobby against sanc- That is a higher standard than even But one of the things that has been tions against the dictatorship, it is the gentleman from New Jersey (Mr. talked about, as recently as my last with precise permission. If, however, ROTHMAN) and the gentleman from New colleague who spoke, many of my col- one is truly seeking democracy, they Jersey (Mr. SMITH) have put forth in leagues have visited Cuba and they are thrown in a dungeon or thrown out this amendment. This is a sanction. have met with dissidents and they have of the country or executed. Clearly, it is a travel sanction; but it is stayed in hotels. One of the things they So what the Smith-Rothman amend- a sanction on a country that is the are probably not aware of is that no ment is saying is before the $5 billion a only dictatorship in our hemisphere. Cuban is legally allowed to eat and year, at least, in American tourism is Mr. Chairman, 77 convicted U.S. fel- enter a hotel in Cuba. They might have sent to the dictatorship, let the rep- ons are in Cuba, people who have killed eaten with one of the so-called dis- resentatives of the Cuban people, the police officers are in Cuba, people on sidents, but it was illegal under Cuba leaders of the political parties, let the FBI’s 10 most wanted list are in law, and the only reason why they them out of prison, and the cop killers Cuba. We need to have respect for our could is because they are a Member of and other fugitives from American jus- rule of law before we move forward Congress. tice including Joanne Chesimard and with this kind of change in policy. Cuba is treated differently. But there the other ones that the gentleman Mr. FLAKE. Mr. Chairman, I yield 2 is no other name on the list that people from New York (Mr. FOSSELLA) so elo- minutes to the gentleman from Indiana have offered that is 90 miles from our quently was talking about, send them (Mr. ROEMER). shore, but also has a unique system back and do not have them living in Mr. ROEMER. Mr. Chairman, I thank that Cuba has. protected luxury by the totalitarian re- the gentleman for yielding me this People have talked about Castro gime 90 miles away. That is all the time, and I rise in strong support of his being in power for a long time. In many Smith-Rothman amendment is saying. amendment. ways this dictatorship has been the It is not a question of insulting any- Mr. Chairman, Cuba is a country most controlling in the world. If we one’s intelligence. It is a question of roughly the size of Pennsylvania with a look at the process of tourism and saying the people who represent the population approximately double the what keeps the Castro dictatorship Cuban people, who are in prison today size of Indiana, about 12 million people. around is, in fact, hard dollars. Passing have a right to be free, and those who Yet with our failed policy of the last 40 the Flake amendment would, in fact, kill American cops and sell drugs and years, we have elevated Castro and enable Castro to continue. are terrorists have a need to be in pris- Cuba to China or Russia proportion. Mr. FLAKE. Mr. Chairman, I yield 2 on in the United States. With our foreign policy, we trade with minutes to the gentleman from Massa- Vote for Smith-Rothman. Vote Russia. We let our people travel to chusetts (Mr. DELAHUNT). against the gentleman from Arizona Russia. We trade with China. We let Mr. DELAHUNT. Mr. Chairman, 10 (Mr. FLAKE). our people travel to China. And we years in prison, a criminal fine of Mr. FLAKE. Mr. Chairman, I yield 2 should be doing the same with respect $250,000, a $50,000 civil penalty. Are minutes to the gentleman from Cali- to our foreign policy and Cuba. these punishments for bank robbers, ax fornia (Mr. THOMPSON). There are three good reasons to vote murderers, Al Capone, John Dillinger? Mr. THOMPSON of California. Mr. for the Flake amendment: first of all, No. No. This is what can happen to a Chairman, I rise in strong support of for our constitution. Our citizens’ con- United States citizen exercising his or the Flake substitute amendment and I stitutional rights should not be tram- her constitutional right to travel to do so because our current policy to- pled upon, forbidding them from travel Cuba without a license. wards Cuba is a relic and it needs to be to Cuba; but we should allow them to What is this license? In this case it is updated. travel with the Constitution and take permission. Permission from our own It should be a priority of this Con- it to Cuba and show our freedoms and government to exercise a fundamental gress to change any program or any our liberties and other respect for constitutional right. We are treating policy if it is deemed to be unsuccess- human rights. our own citizens like school children ful. Yet, we have allowed 40 years of Secondly, having just been down to who need permission to leave their unsuccessful public policy, and we have Cuba 2 months ago, having met with classroom. We would expect this from done next to nothing to improve it. representatives of the Catholic Church, the Cuban government, not from the One way to foster change is through dissidents, human rights’ leaders, peo- government of the United States. this amendment of our colleague from

VerDate 25-JUL-2001 03:34 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.147 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4603 Arizona. The amendment would pro- tourists who go, they would say no, I that every American citizen represents hibit Treasury funds from being used will not visit there. when they travel someplace else. to regulate the travel of American citi- If, in fact, they knew that tourism Let me suggest to my colleagues that zens to Cuba. It would effectively open does not go on behalf of the Cuban peo- the historical context should be consid- up Cuba’s borders for the free world ple but goes on behalf of the state, they ered here as well. If it had not been for and for free world ideas. would not go there. If they knew when the way that the former regime had Mr. Chairman, when I came to Con- they visit those hotels and tourist treated the Cuban people, the Com- gress, it is fair to say that I was in- spots that the workers there cannot be munist Revolution could not have suc- clined to believe that we needed to re- hired directly by that foreign company, ceeded. The Batista government treat- assess our relationship with Cuba. but is hired by the state employment ed many of the Cuban people miser- After visiting Cuba myself this year agency sent there for which the state ably, particularly its darkest-skinned and meeting with the fantastic people employment agency is paid in dollars, citizens. That history has a lot to do of that country, I returned convinced and Cubans are paid in worthless pesos, with why Fidel Castro is still in power that our policy is wrong. Americans which is the equivalent of slave labor, today. want to travel to Cuba by an over- to those of my colleagues who believe Now it is time to try a different ap- whelming 66 percent. Doing so will be in the trade labor movement and labor proach. Now it is time to let, yes, our good not only for the Cuban people and rights, they must vote for the Smith students; imagine what would happen for Cuba, but it will be good for our amendment and against the Flake if they went to Cuba on a spring break. country. Maintaining the status quo amendment. Fidel Castro would have nightmares will do nothing to foster democracy in For those who believe that, in fact, over that threat. Cuba. We need to speak strongly today opening up the flood gates, as is sug- But when Cubans see the way we live on the floor to reverse 40 years, 40 gested, and I do have great faith in here, that is what is going to bring years of unsuccessful public policy. We Americans, but what happens when freedom to Cuba, and that is what is need to tear down this travel ban, and they go to Cuba, suggestions that tour- going to enable us to trade with Cuba, we need to allow Americans to travel ism will facilitate visitation and en- and that is what is going to enable us freely to other countries. gagement with human rights activists, to have a real neighbor that we can Mr. ROTHMAN. Mr. Chairman, I political dissidents and independent work with. yield 31⁄4 minutes to the gentleman journalists should be dispelled by the Mr. Chairman, 40 years is too long. It from New Jersey (Mr. MENENDEZ), the fact that Cuban law makes it a crime is time to realize that the policy we are distinguished ranking member of the against the state to engage human using today is not working. Let us try Subcommittee on the Western Hemi- rights activists and political dis- a new one. Let us pass this amend- sphere. sidents. And believe me, that law is en- ment. (Mr. MENENDEZ asked and was forced. Mr. ROTHMAN. Mr. Chairman, I given permission to revise and extend Ask the two Czech citizens, one a yield 11⁄4 minutes to myself. his remarks.) parliamentarian and the other a jour- Mr. Chairman, there are several Mr. MENENDEZ. Mr. Chairman, I nalist, who traveled to Cuba as tourists points I would like to make. Number have heard the voices of those who and were engaged with human rights one, there has been some statement think Fidel Castro is a great guy; and activists, and were imprisoned. that restriction on travel to Cuba I have heard the voices of those who Mr. Chairman, sunning one’s self on would be unconstitutional. That is in- want to do business in Cuba at any the sand and surf on Varadero Beach, correct. price, regardless what that price is. taking in a show at the Tropicana, The United States Supreme Court Americans love to travel, but they love smoking a Cohiba and sipping a Cuba has twice ruled that travel restrictions democracy and human rights, and they Libre may indulge the fantasies of on Cuba, on Americans traveling to love that more than anything else be- some, but it will not bring democracy Cuba, is constitutional: Zemel v. Rusk cause they enjoy it more than any to the Cuban people, it will not bring in 1965, Regan v. Wald in 1984. other country in the world. freedom to the Cuban people, and it Forget the Constitution, we just ex- The belief that Americans can will not bring respect for the human aggerated saying it is unconstitu- change Castro through tourism flies in rights for those people in Cuba. tional, is it the right policy choice? the face of millions of visitors from Mr. FLAKE. Mr. Chairman, I yield 2 That is a fair question. Canada, Mexico, Spain, Europe, Latin minutes to the gentleman from Vir- Mr. Chairman, I believe it is the America and other parts of the world ginia (Mr. MORAN). right policy choice, and we choose to who over the last decade have visited Mr. MORAN of Virginia. Mr. Chair- impose different treatment to different Cuba and have not had one iota of man, I thank the gentleman from Ari- countries based on our own belief of change towards democracy and human zona for his amendment. It is the right what is fair and what will work. rights. thing to do. We are a great people, but to believe Mr. Chairman, I have not heard any- b 1715 that we uniquely possess the one key body on this floor suggest, as my friend Make no mistake about it. There is that can unlock, the changing of the from New Jersey stated, that we think some travel now to Cuba. If we elimi- mind of Fidel Castro, is to be incred- Fidel Castro is a great guy. I do not nate all those restrictions, Castro will ulous. know where that came from. Nobody benefit by $5 billion in American hard What this amendment would do if has suggested that. I do not think any- currency. adopted, it would take a law and let it body comes close to believing that. We Do we want to let him say 40 years of lawlessly be violated because we would know he is a dictator. There is no ques- totalitarian rule will be rewarded with have no enforcement funds to pros- tion about that. this? Treatment of your political pris- ecute that law. If you do not believe But we want the idea of American oners will be rewarded with billions of that the law is legit, change the law. freedom to find its fruition in Cuba as dollars of American cash? Your failure But do not act lawlessly by saying we well as America. This travel restriction to return cop killers, people who were will not enforce a law that exists on is un-American. Americans should be convicted by juries in America, juries the books. able to travel any place they want. And of their peers, of first degree murder, Mr. Chairman, it will open the flood- as they travel, they communicate with sentenced to life and Castro holds them gate of dollars to Fidel Castro’s Cuba. the citizens of other countries. When in luxury and freedom down there and If the American people knew that 60 the Cuban people see the way we live will not release them? What is the mes- percent of Cuba’s GDP goes to a tour- because of what we believe in, that is sage we send to American law enforce- ism industry that is a state-run oper- going to topple the dictatorship. ment, State and local, about what we ation, a tourism industry by which Forty years. How long does it take to will do if they get killed by someone Fidel Castro owns 50 percent of all of realize that a policy is not working? who then seeks refuge in Cuba? the foreign hotels and all of the Dollar Our current Cuba policy has not Mr. FLAKE. Mr. Chairman, I yield Stores, which are inflated, to gouge worked. Let us build upon the freedoms myself the balance of my time.

VerDate 25-JUL-2001 03:34 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.150 pfrm01 PsN: H25PT1 H4604 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Mr. Chairman, this has been a great brink of an abyss. Why in the world want to do business with the people in debate. I said at the beginning that we would we reach out now to draw his Cuba. ought to stipulate that Fidel Castro is evil, abusive regime back to safety? It falls beneath the dignity of a great a tyrant, that he is a liar, but I am sur- Let it fall. Let it fall and liberate the country to try to bring down a govern- prised that those who agree with me on Cuban people. ment in any country by using food and that are so eager to accept the notion The CHAIRMAN. The question is on medicine and economic exchange as a that he wants tourism, that he wants the amendment offered by the gen- weapon in order to do that. There is no more trade. I would submit that he tleman from Arizona (Mr. FLAKE) as a way that we are going to convince the does not. substitute for the amendment offered American people that Fidel Castro is When I was a child and my room was by the gentleman from New Jersey more of a tyrant, more of a dictator, messy, the last thing I wanted was for (Mr. SMITH). more oppressive than people in other my mother to come in. You do not The question was taken; and the parts of the world which we are doing want people to come in. So why should Chairman announced that the noes ap- business with. we take Fidel Castro’s word for it? We peared to have it. In this very body, I could hear the ought to send our people there. Mr. FLAKE. Mr. Chairman, I demand opposition saying, ‘‘The only way to Let me just close by saying, it has a recorded vote. bring down communism in China is to been said that people can have dif- The CHAIRMAN. Pursuant to clause engage these people in economic activ- fering opinions on this subject. They 6 of rule XVIII, further proceedings on ity. The only way that we can bring certainly can. Those who believe in iso- the amendment offered by the gen- about democracy is by using the tools lation have had the last 40 years. It is tleman from Arizona (Mr. FLAKE) as a of trade and cultural exchange.’’ time for those who feel differently to substitute for the amendment offered We are saying the same thing about enact a new policy and move forward. by the gentleman from New Jersey Vietnam, and a bill will be up before we If freedom is what we want for the (Mr. SMITH) will be postponed. go on recess, a country that is respon- Cuban people, let us exercise a little Therefore, further proceedings on the sible for the taking of so many Amer- more of it ourselves. first-degree amendment offered by the ican lives. Again in North Korea, they Mr. SMITH of New Jersey. Mr. Chair- gentleman from New Jersey (Mr. are responsible for the loss of so many man, I yield the balance of my time to SMITH) will also be postponed. American lives. Again in China, re- the gentleman from Texas (Mr. AMENDMENT NO. 7 OFFERED BY MR. RANGEL sponsible for the loss of so many Amer- DELAY), the distinguished majority Mr. RANGEL. Mr. Chairman, I offer ican lives. We have never even had any- whip. an amendment. one mugged in Cuba. Yet we are saying Mr. DELAY. Mr. Chairman, I thank The CHAIRMAN. The Clerk will des- that we have a higher standard in the gentleman for yielding me this ignate the amendment. terms of ignoring the country and pro- time. The text of the amendment is as fol- viding sanctions against us. I was sitting here watching the de- lows: But there is something else, too. bate. It was almost identical to debates Amendment No. 7 offered by Mr. RANGEL: Trade is a two-way street. We now have of old, when we were fighting for free- At the end of the bill, insert after the last farmers in the United States that have dom in the Soviet Union, when we were section (preceding the short title) the fol- had markets closed to us. It just seems fighting for freedom in El Salvador, lowing new section: to me that if China has to go all over when we were fighting for freedom in SEC. ll. None of the funds made available the world to get its dairy products, its Nicaragua. History proved us right and in this Act may be used to implement, ad- meat, its rice and its chickens, then minister, or enforce the economic embargo proved you wrong. of Cuba, as defined in section 4(7) of the why should the United States of Amer- Allowing travel to Cuba is a terrible Cuban Liberty and Democratic Solidarity ica markets be closed? Why should mistake. The benefits of free trade can- (LIBERTAD) Act of 1996 (Public Law 104–114), Cuban Americans not be able to do not flow to people who are ruthlessly except those provisions that relate to the de- business with Cubans? Why do we put oppressed by a rigidly controlling to- nial of foreign tax credits or to the imple- these handcuffs on ourselves when we talitarian regime. Supporters claim mentation of the Harmonized Tariff Sched- truly believe that trade and opening up that American tourists will help aver- ule of the United States. new economic opportunities is really age Cubans. But letting Americans The CHAIRMAN. Pursuant to the the key to democracy? travel to Cuba will strengthen Castro order of the House of today, the gen- So it just seems to me that, once and do nothing to improve the lot of tleman from New York (Mr. RANGEL) again, we have an opportunity by tak- average Cubans. Freedom cannot pene- and the gentleman from Florida (Mr. ing away the funds that really operate trate Castro’s Communist cadre be- DIAZ-BALART) each will control 10 min- this bureaucracy and to say that we re- cause it operates more like an orga- utes. spect the American people, we respect nized crime syndicate than a legiti- The Chair recognizes the gentleman their economic judgment, and we re- mate government. from New York (Mr. RANGEL). spect the right of Americans to travel But surely, we are told, joint ven- Mr. RANGEL. Mr. Chairman, I yield anywhere that Americans want to tures with foreign investors will myself such time as I may consume. travel, that we are a strong people, we change all that. All joint ventures in (Mr. RANGEL asked and was given have a rich history and we do not allow Cuba remain under Castro’s thumb. permission to revise and extend his re- Communists to frighten us here in the Those businesses cannot even hire a marks.) United States, in Havana, in Moscow or Cuban worker without Castro’s bless- Mr. RANGEL. Mr. Chairman, in the Hanoi. ing. All the property in Cuba belongs shadows of this great Republic of the Mr. Chairman, I reserve the balance to Castro. All the income that comes United States is a small island 90 miles of my time. from these Americans will go to Cas- off our shore called Cuba. The most Mr. DIAZ-BALART. Mr. Chairman, I tro. powerful Nation in the world somehow yield 21⁄2 minutes to the gentlewoman We are also told that if we support just fritters when we consider talking from Florida (Ms. ROS-LEHTINEN), the trade in China, we ought to support it to the Cuban people, trading with the distinguished chairman of the Sub- in Cuba as well. But China and Cuba, I Cuban people or visiting in Cuba. The committee on Human Rights. think, is a poor comparison. In China, sanctions that we have had against Ms. ROS-LEHTINEN. Mr. Chairman, the government is allowing the rudi- this small nation that have been I rise today in strong opposition to the ments of a market economy to form. locked into place for over 40 years just Rangel amendment because Cuba’s ter- Trade with China does benefit average have not worked. They never do. Uni- rible record of human rights violations people. Cuba is a monolithic island lateral sanctions never do work. It is was not exported there. The degrading under the heel of Castro’s regime. so arrogant that not only do we have treatment that the Castro regime in- Under this dictatorship, the only entre- these sanctions against the Cuban peo- flicts on its own citizens is not the end preneur is Castro. Castro’s thugs can- ple and their government but we are result of the U.S. embargo on Cuba. not meet the basic needs of their peo- arrogant enough to put sanctions The embargo is not responsible for the ple. This tyrant is teetering on the against our friends and our allies that gulags for prisoners of conscience. The

VerDate 25-JUL-2001 03:34 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.154 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4605 embargo does not forbid independent did not work when the Soviets aban- I also want to say Russia has been al- labor unions from existing. The U.S. doned Cuba, it is never going to work. luded to here. Here again, you do not embargo is not responsible for the sys- All it does is impose hardships on the have one person. I went with the tematic persecution and mistreatment Cuban people, and that plays right into Speaker when the Speaker of the of religious organizations, nonviolent Castro’s hands. Dumas invited the gentleman from Illi- opposition movements and human Members of the State Department nois (Mr. HASTERT) on a trip, and they rights dissidents. have said privately that this embargo wanted to talk to us about reform. The U.S. embargo is not what drives is just what Castro wants, because it One of the big reforms that the Rus- a police officer to beat unconscious a bans Cuban nationalism and allows sian people were interested in was judi- political prisoner while she is on a hun- him to continue his regime. Let us nor- cial reform. They are interested in ger strike. The U.S. embargo does not malize our relationship as we have democrat processes. They do not be- mandate the summary execution of done with China and other countries. lieve in the old tenets of communism independent journalists and conscien- Mr. DIAZ-BALART. Mr. Chairman, I of 50 years. China, reform; Russia, re- tious objectors. It is the totalitarian yield 21⁄2 minutes to the gentleman form; Cuba, no, sir. They are still stuck regime and its tyrannical leader who from Georgia (Mr. KINGSTON). in time, and as long as Fidel Castro is are the sole creators of a state that has b 1730 there, they will not change. perpetrated the most deplorable viola- Mr. RANGEL. Mr. Chairman, I yield tions of fundamental human rights and Mr. KINGSTON. Mr. Chairman, I 2 minutes to the gentlewoman from freedoms against its own people thank the gentleman for yielding me California (Ms. LEE). throughout the last 42 years. time. Ms. LEE. Mr. Chairman, I thank the How does this Congress tell Mr. Chairman, I wanted to, number gentleman for yielding me time. Vladimiro Roca, who is going on his one, stress to all of those who may be Mr. Chairman, I rise in strong sup- 1,471st day in prison, the last 1,343 of listening that the United States em- port of the Rangel amendment. Al- those days have been spent in solitary bargo allows the donation of food, though relations with most communist confinement, that the very embargo he clothing and medicine to the Cuban governments, such as China and Viet- praised in a pamphlet entitled, The people. The embargo also allows the nam, are normalized, the United States Homeland Belongs to Us All, an action controlled sale of medicine, medical continues to prohibit virtually any and which led to his imprisonment, will be supplies and agriculture products to all political, economic, or even cul- weakened by those who choose to jus- Cuba. It is extremely important for us tural exchanges between the people of tify the inhumane behavior that Castro to remember that, because people keep the United States and the people of renders on his people? saying and acting like that is not the Cuba. Since the early days of the Cold They demand the innate human case. We have taken allowance to put War, our government has been en- rights that every individual should in humanitarian considerations in trenched in an absolute embargo that never be denied. Castro has repeatedly there, which is far more than we get has created much suffering on this stated that he will not change. He has out of Castro. Afro-Hispanic island only 90 miles underscored his position over and over Now, a lot of people keep talking away. This embargo is archaic, it is in- again of socialism or death. about China, and I just returned from humane, and it must be changed. The regime continues to exert abso- China 2 weeks ago, and want to talk a Like many Members, I, too, have vis- lute control over all investments and little bit about the difference between ited Cuba many times and met with business endeavors, requiring that all Communist China and Communist the anti-Castro organizations. But, payments be channeled through the Cuba. Number one, they have a prece- barring none, they communicated that dictatorship’s agencies. Its disregard dent. They do have two systems under the best way to address all issues, in- for property rights of any kind has re- one nation. Hong Kong, they have left cluding human rights concerns, is to at sulted in the regime falling into dis- the capitalism in Hong Kong. China least end the embargo, so dialogue can grace with even its most loyal trading has not infiltrated that and messed it take place. partners, such as Canadian, Mexican up. We all must be concerned about and European investors whose machin- Secondly, they can also look across human rights violations, wherever they ery and payments have been stolen by the waters and see Taiwan, which they may occur in the world, including in the regime. consider still part of China and a prov- our own United States of America, as I urge my colleagues to strongly vote ince, but they understand how cap- minorities in our own country clearly ‘‘no’’ on this amendment that goes italism works because of Taiwan and understand. But the United States em- against our American principles of because of Hong Kong. bargo against Cuba is a failed policy freedom and human rights. Number two, China is eager to get that has only served as an impediment Mr. RANGEL. Mr. Chairman, I yield into the WTO, not just as a business to a rational foreign policy. 1 minute to the gentleman from Mary- proposition, but they are interested in Now, for those who support fair land (Mr. WYNN). joining the world community today, trade, which I do, it is wrong to pre- Mr. WYNN. Mr. Chairman, I thank one of human rights and business vent the United States companies, our the gentleman for yielding me this transparency and labor unions and au- U.S.-based companies, our farmers, es- time. dits and all the things that we have in pecially, from accessing the Cuban Mr. Chairman, I rise in support of the the West. market. This could also mean thou- gentleman’s amendment that we nor- Number three, there are already sands of jobs for United States work- malize our relationship with that tiny American companies doing business in ers. So we are really doing a disservice island 90 miles off our coast. I do not China: International Paper, Rayon Air, to our own people in our own country. think any of us are here today to con- Motorola, Coca-Cola. Motorola, 12 per- Not only must we strike down the re- done Castro’s actions. That is not the cent of their receipts are from China strictions on United States citizens’ point. The point is that we need a ra- right now. The Chinese people are in- travel to Cuba, but we should end the tional foreign policy toward Cuba that terested in capitalism, and the reason embargo, and we should end it right is not based on emotion. is, their brand of socialism is China, away. It is the right thing to do. Yes, we want cop killers back in the Inc., what works. They do not have this Mr. DIAZ-BALART. Mr. Chairman, I United States. No, we do not condone mantra to the throne of Karl Marx the yield 11⁄2 minutes to the gentleman gulags. But there are gulags in Cuba. way Mr. Castro does. from New Jersey (Mr. MENENDEZ). There are gulags in China. There are It is very important to remember (Mr. MENENDEZ asked and was gulags in Korea. That is not the point. that Jiang Zemin is far more demo- given permission to revise and extend We need a rational policy. cratic than Fidel Castro. That is why his remarks.) Second, the policy we have is not ra- he is not afraid to have the Olympics Mr. MENENDEZ. Mr. Chairman, I lis- tional, and it has failed. It has failed come to Beijing and open up the nation tened to my colleagues, and it is inter- for 40 years. It failed even when the So- to the scrutiny of the world by having esting, when we talk about Cuba, the viets abandoned Cuba. If this embargo the Olympics right in his capital. word ‘‘emotions’’ always slips in; but I

VerDate 25-JUL-2001 03:34 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.156 pfrm01 PsN: H25PT1 H4606 CONGRESSIONAL RECORD — HOUSE July 25, 2001 hear my colleagues come to this floor Mr. BURTON of Indiana. Mr. Chair- minutes remaining, and the gentleman on other parts of the world, on ques- man, the suffering of the Cuban people from New York (Mr. RANGEL) has 1 tions of famine and human rights and is caused by Fidel Castro, and not by minute remaining. The gentleman AIDS, and they speak very passion- the embargo. The money that is paid to from New York (Mr. RANGEL) as the au- ately. We do not say it is an emotional the employees down there by busi- thor will close debate on the amend- issue. nesses that go into Cuba does not go to ment. We also question China, and yet the employees; it goes to Castro. If Mr. DIAZ-BALART. Mr. Chairman, I many people vote against China MFN they are paid $400 a month, that $400 yield myself the balance of my time. because they believe China should be goes to Castro, and he pays them in the Mr. Chairman, let us cut to the chase sanctioned in that regard, but they be- local currency, which is worth about $5 here. Let us cut to the chase. Let us lieve we should lift everything as it re- to $10 a month. cut to the chase, Mr. Chairman. Castro lates to Cuba. But forced abortion, ar- He is the one who keeps his heel on is 75 years old. He collapsed a few rest of dissidents, Tiananmen Square, a the neck of the people of Cuba. He is weeks ago and those surrounding him whole long list, it seems to me if that the one that causes the suffering down in the power clique were terrorized. His after 25 years of engagement is our there. He is the one that causes the days are numbered. human rights success in China, we human rights abuses, and he is the one What we are talking about today is should review that policy. that has killed that economy. the future of Cuba. It is the leadership Lastly, why, if lifting the embargo Why does he want the embargo lift- that is in prison today, Antiunez, this means the end of Castro, why is it his ed? Because he knows if we have tour- young man, for example, who is facing number one foreign policy objective? If ism going down there, he knows if an 18-year sentence because in high it means his end, as everybody would there is trade with him, the money will school he decided to say that the re- suggest, why is it his number one for- go into his pocket; the money will be gime was evil and he opposed it and he eign policy objective? able to prop up his regime, and he will sought democracy. Or Maritza Lugo, The fact of the matter is that I would be able to continue his communist phi- the chairman, the president of the 30th of November Democratic Party. She ask my colleagues who vigorously sup- losophy and dictatorship down there. port human rights and democracy, who Finally, just let me say one more and her husband are political prisoners, seek sanctions in other parts of the thing. People say he is no longer ex- though they have little daughters, like world, like the Sudan and other places, porting revolution. I will tell you right the gentlewoman from Florida (Ms. ROS-LEHTINEN) who is on the floor. that they need to understand that if we now, Fidel Castro is supporting the Well, Maritza Lugo has two daughters, vigorously enforce a sanctions regime FARC guerrillas in Colombia that are and they are both in prison, she and wherever we seek to impose sanctions, flooding our streets with drugs, that her husband, are both in jail, because then we have an opportunity to have a are killing our kids and ruining peo- they are leading a political party in public policy success using peaceful di- ple’s lives. The FARC guerrillas wear Cuba. plomacy versus anything else. the berets that Che Guevara wore when And Vladimiro Roca, whose father, Lastly, we are the largest remitters he was down there exporting revolution by the way, was the founder of the of humanitarian assistance to the peo- for Fidel Castro. communist party in the 1920s, and now ple of Cuba, more than all the other This man is a tyrant, he is a man we he is in a dungeon, because he is the countries of the world combined over should not deal with, he is a man who president of the Social Democratic the last several years. It is Castro who has killed his own people, and he is the Party, and asked for free elections. Are keeps his people hungry by his failed one that suffers; not the people of they going to be released, and are their policies. Cuba, because he is the one that is political parties going to be legalized Mr. RANGEL. Mr. Chairman, I yield keeping them under his heel and under and is the regime going to sit down 1 minute to the gentlewoman from his boot. Five to $10 a month is what with them and have free elections like California (Ms. WATERS). they earn because of Fidel Castro. happened in South Africa and like hap- Ms. WATERS. Mr. Chairman, there Mr. RANGEL. Mr. Chairman, I yield pened in Chile and like happened in was a demonstration out front the 1 minute to the gentleman from New Spain and Portugal and everywhere other day and up and down Connecticut York (Mr. HINCHEY). else, everywhere else the world stood Avenue. It was the Falun Gong trying Mr. HINCHEY. Mr. Chairman, listen- for freedom? to tell us about religious persecution in ing to the debate, I could not help but Oh, no. But in Cuba we should dis- China. Yet we chase after China, we remember the words of Harry Truman. criminate, despite the fact that they give them Most Favorite Nation status When he was interviewed for the biog- are 90 miles from our shores. That is for trading purposes, and we forget raphy ‘‘Plain Speaking’’ just before his the issue that we are debating here about their human rights violations. death in Independence, Missouri, he today. Yet 90 miles off the shore of Miami, was asked the question, ‘‘What would So our current law says three condi- we have a small country that is trying you do about Cuba if you were still tions, and the embargo is automati- to survive, and we keep our foot on the President?’’ cally lifted. The gentleman from New back of their necks simply because He said, ‘‘I would pick up the phone Jersey (Mr. MENENDEZ) authorized bil- there are few people who cannot get and call Fidel and say, I see you have lions of dollars in the legislation that over the fact that he overthrew some problems down there, Fidel. Why we passed a few years ago. It is already Batista. Batista had literally given don’t you come on up here, and we will law for assistance to Cuba. Three con- Cuba to the multinationals, who prac- talk about them and see if we can’t set- ditions is what we seek for our neigh- tically owned it, to the gangsters, and tle this thing.’’ bors 90 miles away: Liberate the polit- everybody else who wanted to go down Boy, if he had only been President, ical prisoners, legalize their political to Cuba and do whatever they wanted and if other Presidents had only fol- parties, and sit down with them and to do. lowed that kind of advice since then, have an election. Is that too much to Well, we may not like the revolution, we would not have the necessity of this ask for our closest neighbors? It is not. but we need to get over it. He has been debate today. But the debate today is whether the trying to survive all of these years. It Why a strong, powerful country like regime continues after the demise of is time to do away with this policy. It the United States has to make an the tyrant, the death or the incapacity does not make good sense. enemy of a weak, defenseless little of the tyrant; or whether these people, Let me just tell you, Canada is reap- country like Cuba is a question that we the leaders of free Cuba, continue to re- ing $260 million in trade; China, $156 could speculate upon for some length of ceive our support, as this Congress has, million; France, $216 million. It goes on time. But one thing is absolutely clear, despite the attitude of the executive and on and on. The Farm Bureau wants the policy of the last 40 years has office, not now, because President Bush to open up trade opportunities. failed. It is time to open the doors and supports the sanctions now, but other Mr. DIAZ-BALART. Mr. Chairman, I let the fresh air come in. times in history they have not. Con- yield 11⁄2 minutes to the distinguished The CHAIRMAN. The gentleman gress has always been with the Cuban gentleman from Indiana (Mr. BURTON). from Florida (Mr. DIAZ-BALART) has 2 people.

VerDate 25-JUL-2001 04:26 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.159 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4607 Stand with the Cuban people and A recorded vote was ordered. Cannon Hayes Putnam Cantor Hayworth Quinn their future leaders, not the tyrants. The vote was taken by electronic de- Capito Hefley Radanovich Oppose Rangel. vice, and there were—ayes 240, noes 186, Chabot Hobson Regula Mr. RANGEL. Mr. Chairman, I yield not voting 7, as follows: Chambliss Hulshof Reyes myself the balance of my time. Coble Hunter Reynolds [Roll No. 270] Cox Hutchinson Riley Mr. Chairman, that proves what a AYES—240 Crane Hyde Rogers (KY) great country we have, that friends can Crenshaw Israel Rogers (MI) Abercrombie Hill Oberstar Crowley Istook Rohrabacher disagree and, at the same time, at- Aderholt Hilleary Obey Cubin Jenkins Ros-Lehtinen tempt to move forward. Allen Hilliard Olver Culberson Johnson, Sam Rothman Baird Hinchey Osborne I think in addition to a great coun- Cunningham Jones (NC) Roukema Baldacci Hinojosa Otter try, we have to really emphasize the Davis (FL) Keller Royce Baldwin Hoeffel Owens Davis, Jo Ann Kelly Ryun (KS) importance of free trade and opening Barcia Hoekstra Pastor Davis, Tom Kennedy (MN) Saxton Barrett Holden Paul up new markets. Certainly for what- Deal Kennedy (RI) Schaffer Bass Holt Payne ever tragedies people are suffering in DeLay Kerns Schrock Becerra Honda Pelosi DeMint King (NY) Sensenbrenner Cuba, you cannot possibly believe that Bentsen Hooley Peterson (MN) Deutsch Kingston Sessions it is not worse in China. And if those Bereuter Horn Peterson (PA) Diaz-Balart Kirk Shadegg Berman Hostettler Phelps on the other side of the aisle truly be- Doolittle Knollenberg Shaw Berry Houghton Pickering lieve that trade is going to be the key Dreier LaTourette Sherman Biggert Hoyer Platts Duncan Lewis (CA) Shuster of establishing better relationship and Bishop Inslee Pomeroy Dunn Lewis (KY) Skeen Boehlert Isakson Price (NC) normalizing our relationship, then cer- Ehrlich Linder Skelton Bonior Issa Rahall tainly I think we should have enough Engel LoBiondo Smith (NJ) Bono Jackson (IL) Ramstad Everett Lucas (KY) Smith (TX) confidence in the American business Borski Jackson-Lee Rangel Ferguson Lucas (OK) Souder people and enough confidence in the Boswell (TX) Rehberg Foley McCarthy (NY) Stearns Boucher Jefferson Rivers American people not to succumb to the Forbes McCrery Stump Brady (PA) John Rodriguez dangers that communism offers. Fossella McHugh Sweeney Brady (TX) Johnson (CT) Roemer Frelinghuysen McInnis Tancredo Brown (FL) Johnson (IL) Ross b 1745 Frost McKeon Tauzin Brown (OH) Johnson, E. B. Roybal-Allard Gekas Meek (FL) Taylor (NC) This is a strong Nation. We can sur- Brown (SC) Jones (OH) Rush Gephardt Menendez Terry Camp Kanjorski Ryan (WI) vive the threats of communism. We can Gibbons Mica Thomas Capps Kaptur Sabo enter into extradition treaties in order Gillmor Miller (FL) Thornberry Capuano Kildee Sanchez Gilman Miller, Gary Traficant to bring back the convicts that are Cardin Kilpatrick Sanders Goode Mollohan Visclosky Carson (IN) Kind (WI) Sandlin there. Let us face it. If the present dic- Goodlatte Myrick Vitter Carson (OK) Kleczka Sawyer tator dies, who is going to replace him? Goss Northup Walden Castle Kolbe Schakowsky Graham Norwood Walsh The CHAIRMAN. The question is on Clay Kucinich Schiff Granger Ortiz Watkins (OK) the amendment offered by the gen- Clayton LaFalce Scott Green (TX) Ose Watts (OK) Clement LaHood Serrano tleman from New York (Mr. RANGEL). Green (WI) Oxley Weldon (FL) Clyburn Lampson Shays The question was taken; and the Grucci Pallone Weller Collins Langevin Sherwood Gutknecht Pascrell Wexler Chairman announced that the noes ap- Combest Lantos Shimkus Hall (OH) Pence Wicker peared to have it. Condit Largent Shows Hall (TX) Petri Wilson Conyers Larsen (WA) Simmons Mr. RANGEL. Mr. Chairman, I de- Hansen Pitts Wolf Costello Larson (CT) Simpson mand a recorded vote. Hart Pombo Wu Coyne Latham Slaughter Hastings (FL) Portman Young (AK) The CHAIRMAN. Pursuant to clause Cramer Leach Smith (MI) Hastings (WA) Pryce (OH) Young (FL) 6 of rule XVIII, further proceedings on Cummings Lee Smith (WA) the amendment offered by the gen- Davis (CA) Levin Solis NOT VOTING—7 Davis (IL) Lewis (GA) Spratt Blumenauer Meeks (NY) Spence tleman from New York (Mr. RANGEL) DeFazio Lofgren Stark Cooksey Scarborough will be postponed. DeGette Lowey Stenholm Lipinski Snyder SEQUENTIAL VOTES POSTPONED IN COMMITTEE Delahunt Luther Strickland OF THE WHOLE DeLauro Maloney (CT) Stupak b 1808 Dicks Maloney (NY) Sununu The CHAIRMAN. Pursuant to clause Dingell Manzullo Tanner Mr. HALL of Ohio and Mr. KERNS 6 of rule XVI, proceedings will now re- Doggett Markey Tauscher changed their vote from ‘‘aye’’ to ‘‘no’’. sume on those amendments on which Dooley Mascara Taylor (MS) Mrs. MALONEY of New York and Doyle Matheson Thompson (CA) further proceedings were postponed in Edwards Matsui Thompson (MS) Messrs. HOUGHTON, BASS, the following order: the substitute of- Ehlers McCarthy (MO) Thune WHITFIELD, and SHOWS changed fered by the gentleman from Arizona Emerson McCollum Thurman their vote from ‘‘no’’ to ‘‘aye’’. English McDermott Tiahrt (Mr. FLAKE); amendment No. 5 offered So the amendment offered as a sub- Eshoo McGovern Tiberi stitute for the amendment was agreed by the gentleman from New Jersey Etheridge McIntyre Tierney (Mr. SMITH); and amendment No. 7 of- Evans McKinney Toomey to. fered by the gentleman from New York Farr McNulty Towns The result of the vote was announced Fattah Meehan Turner as above recorded. (Mr. RANGEL). Filner Millender- Udall (CO) AMENDMENT NO. 5 OFFERED BY MR. SMITH OF AMENDMENT OFFERED BY MR. FLAKE AS A SUB- Flake McDonald Udall (NM) NEW JERSEY, AS AMENDED STITUTE FOR THE AMENDMENT OFFERED BY Fletcher Miller, George Upton MR. SMITH OF NEW JERSEY Ford Mink Velazquez The CHAIRMAN. The question is on Frank Moore Wamp The CHAIRMAN. The pending busi- Amendment No. 5 offered by the gen- Gallegly Moran (KS) Waters tleman from New Jersey (Mr. SMITH), ness is the demand for a recorded vote Ganske Moran (VA) Watson (CA) as amended. on the amendment offered by the gen- Gilchrest Morella Watt (NC) Gonzalez Murtha Waxman The amendment, as amended, was tleman from Arizona (Mr. FLAKE) as a Gordon Nadler Weiner agreed to. substitute for the amendment offered Graves Napolitano Weldon (PA) AMENDMENT NO. 7 OFFERED BY MR. RANGEL by the gentleman from New Jersey Greenwood Neal Whitfield The CHAIRMAN. The pending busi- (Mr. SMITH) on which further pro- Gutierrez Nethercutt Woolsey Harman Ney Wynn ness is the demand for a recorded vote ceedings were postponed and on which Herger Nussle on Amendment No. 7 offered by the the noes prevailed by voice vote. gentleman from New York (Mr. RAN- The Clerk will designate the sub- NOES—186 GEL) on which further proceedings were stitute amendment. Ackerman Barr Bonilla Akin Bartlett Boyd postponed and on which the noes pre- The Clerk designated the substitute Andrews Barton Bryant vailed by voice vote. amendment. Armey Berkley Burr The Clerk will redesignate the RECORDED VOTE Baca Bilirakis Burton Bachus Blagojevich Buyer amendment. The CHAIRMAN. A recorded vote has Baker Blunt Callahan The Clerk redesignated the amend- been demanded. Ballenger Boehner Calvert ment.

VerDate 25-JUL-2001 03:34 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.160 pfrm01 PsN: H25PT1 H4608 CONGRESSIONAL RECORD — HOUSE July 25, 2001 RECORDED VOTE Crenshaw Hunter Riley coming over and saying they agree Crowley Hutchinson Rogers (KY) The CHAIRMAN. A recorded vote has Cubin Hyde Rogers (MI) with me, but they have to oppose my been demanded. Culberson Isakson Rohrabacher amendment. They say they like what I A recorded vote was ordered. Cunningham Israel Ros-Lehtinen am doing, it needs to be done; but they Davis (FL) Istook Rothman are going to have to vote ‘‘no.’’ They The CHAIRMAN. This will be a 5- Davis, Jo Ann Jenkins Roukema minute vote. Davis, Tom Johnson, Sam Royce say, I want to commend you, Mr. The vote was taken by electronic de- Deal Jones (NC) Ryun (KS) TRAFICANT, because what you are doing DeLay Keller Saxton vice, and there were—ayes 201, noes 227, is an absolute necessity, but I am going DeMint Kelly Schaffer to have to vote ‘‘no.’’ not voting 5, as follows: Deutsch Kennedy (MN) Schiff Now, let me explain what the amend- [Roll No. 271] Diaz-Balart Kennedy (RI) Schrock Doolittle Kerns Sensenbrenner ment is. Two years ago, 81 percent of AYES—201 Dreier King (NY) Sessions all information given by the IRS to our Duncan Kingston Shadegg Abercrombie Hilliard Nussle constituents was false and wrong. This Dunn Kirk Shaw Allen Hinchey Oberstar Ehlers Knollenberg Sherman year, they corrected it and they im- Baca Hinojosa Obey Ehrlich Kolbe Sherwood proved, only having 73 percent of the Baird Hoeffel Olver Engel LaTourette Shows Baldacci Holt Osborne information given to our constituents Etheridge Lewis (CA) Shuster Baldwin Honda Otter to be deemed faulty. Now, I want my Everett Lewis (KY) Simmons Barcia Hooley Owens Ferguson Linder Skeen colleagues to listen to this. I want my Barrett Houghton Pastor Fletcher LoBiondo Skelton Becerra Inslee Paul colleagues to listen to what a GAO re- Foley Lucas (KY) Smith (MI) Bentsen Issa Payne port said. The report said that 50 per- Forbes Lucas (OK) Smith (NJ) Bereuter Jackson (IL) Pelosi Fossella Maloney (CT) Smith (TX) cent of all of our constituents’ calls Berry Jackson-Lee Peterson (MN) Frelinghuysen Mascara Souder made to the Internal Revenue Service Biggert (TX) Peterson (PA) Frost McCrery Spratt Bishop Jefferson Phelps are not even returned; they go unan- Gallegly McHugh Stearns Bonior John Pomeroy swered. Gekas McInnis Stump Bono Johnson (CT) Price (NC) Gephardt McIntyre Sununu Now, here is what the Traficant Boswell Johnson (IL) Radanovich Gibbons McKeon Sweeney amendment says. It lets all these IRS Boucher Johnson, E. B. Rahall Gillmor Meek (FL) Tancredo Brady (TX) Jones (OH) Ramstad people go, but there are 10 people at Gilman Menendez Tauzin Brown (FL) Kanjorski Rangel the top that are prohibited from get- Goode Mica Taylor (NC) Brown (OH) Kaptur Rehberg Goodlatte Miller (FL) Terry ting bonuses under this bill. Brown (SC) Kildee Rivers Gordon Miller, Gary Thomas Every newspaper in America says Capps Kilpatrick Rodriguez Goss Mollohan Thornberry Capuano Kind (WI) Roemer Congress must be nuts allowing these Graham Murtha Tiahrt Carson (IN) Kleczka Ross IRS fat cats to reward themselves with Granger Myrick Tiberi Carson (OK) Kucinich Roybal-Allard Green (TX) Ney Toomey bonuses while their constituents are Clay LaFalce Rush Green (WI) Northup Traficant getting screwed. Clayton LaHood Ryan (WI) Grucci Norwood Visclosky Clement Lampson Sabo Now, I do not know if there is any- Gutierrez Ortiz Vitter Clyburn Langevin Sanchez body willing to speak on this issue, Mr. Gutknecht Ose Walden Combest Lantos Sanders Hall (TX) Oxley Walsh Chairman, but I will say this. I under- Condit Largent Sandlin Hansen Pallone Wamp stand the position of Ways and Means Conyers Larsen (WA) Sawyer Hart Pascrell Watkins (OK) Costello Larson (CT) Schakowsky members, I understand leadership, but Hastings (FL) Pence Watts (OK) Coyne Latham Scott I want to say this. This has gone on Hastings (WA) Petri Weldon (FL) Cramer Leach Serrano Hayes Pickering Weldon (PA) long enough, year after year; and every Cummings Lee Shays Hayworth Pitts Weller year there is a reason. Now, one of the Davis (CA) Levin Shimkus Hefley Platts Wexler Davis (IL) Lewis (GA) Simpson reasons I have heard was three of these Hilleary Pombo Whitfield DeFazio Lofgren Slaughter positions mentioned are new people. Hobson Portman Wicker DeGette Lowey Smith (WA) Hoekstra Pryce (OH) Wilson Well, tell me, what new employees get Delahunt Luther Solis Holden Putnam Wolf DeLauro Maloney (NY) Stark bonuses the first year in the first Horn Quinn Wu Dicks Manzullo Stenholm place? Hostettler Regula Young (AK) Dingell Markey Strickland In the legislative history let it show Hoyer Reyes Young (FL) Doggett Matheson Stupak Hulshof Reynolds that if my colleagues do not want to Dooley Matsui Tanner remove some of these people because Doyle McCarthy (MO) Tauscher NOT VOTING—5 Edwards McCarthy (NY) Taylor (MS) they personally know them and they Blumenauer Scarborough Spence Emerson McCollum Thompson (CA) Lipinski Snyder are St. Ignatius, I do not mind it. But English McDermott Thompson (MS) the buck stops somewhere, and it is not Eshoo McGovern Thune b 1818 Evans McKinney Thurman stopping in the penthouse of the IRS. Farr McNulty Tierney Mr. DINGELL and Mr. HOUGHTON That means Congress has an inherent Fattah Meehan Towns changed their vote from ‘‘no’’ to ‘‘aye.’’ responsibility to make sure that our Filner Meeks (NY) Turner Mr. TERRY changed his vote from constituents’ calls are returned; that Flake Millender- Udall (CO) Ford McDonald Udall (NM) ‘‘aye’’ to ‘‘no.’’ our constituents get correct answers; Frank Miller, George Upton So the amendment was rejected. and that our constituents are treated Ganske Mink Velazquez The result of the vote was announced with respect. Gilchrest Moore Waters as above recorded. If one out of every two Americans do Gonzalez Moran (KS) Watson (CA) Graves Moran (VA) Watt (NC) AMENDMENT OFFERED BY MR. TRAFICANT not even have their call returned or an- Greenwood Morella Waxman Mr. TRAFICANT. Mr. Chairman, I swered, what is wrong with us? And Hall (OH) Nadler Weiner offer an amendment. when 73 percent of the advice they do Harman Napolitano Woolsey Herger Neal Wynn The Clerk read as follows: give to the 50 percent that are lucky to Hill Nethercutt Amendment offered by Mr. TRAFICANT: get a return call, 73 percent of it is At the end of the bill (before the short wrong. But they say it is an improve- NOES—227 title), insert the following: ment over the 81 percent. Ackerman Bilirakis Calvert SEC. ll. None of the funds made available That is right, beam me up. I have Aderholt Blagojevich Camp in this Act may be used by the Internal Rev- great respect for my good friend, the Akin Blunt Cannon enue Service to pay any bonus or incentive gentleman from Ohio (Mr. PORTMAN). Andrews Boehlert Cantor payment to the Commissioner, the Deputy Armey Boehner Capito Commissioner, the Chief Counsel, the Chief He has done a great job on taxes. Look, Bachus Bonilla Cardin I do not want any complimentary re- Baker Borski Castle Inspector, the Chief of Management and Ad- Ballenger Boyd Chabot ministration, the Chief Financial Officer, the gards here tonight, I do not want any Barr Brady (PA) Chambliss Chief of Operations, the Chief of Appeals, the pats on the back, I want an ‘‘aye’’ vote Bartlett Bryant Coble Chief Information Officer, or the Chief of on my amendment. And if it is thrown Barton Burr Collins Communications of the Service. out in conference, then throw it out in Bass Burton Cooksey Berkley Buyer Cox Mr. TRAFICANT. Mr. Chairman, I conference, but I want to say some- Berman Callahan Crane have never heard so many Members thing to Congress. If we want to get the

VerDate 25-JUL-2001 03:43 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.164 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4609 attention of the IRS, we could give committees in Congress, appropria- to reform itself. Let us not penalize the them all the rhetoric we want, but this tions and authorization. very people we are relying on to try to is stone cold business. This is exactly They are finally getting their act to- straighten things out at the IRS. what Congress should be doing. gether. But to do that they needed bet- Mr. HOYER. Mr. Chairman, I move to The Congress of the United States ter people and good people. And they strike the last word. Government is a participatory democ- are competing with the private sector. I yield to the gentleman from Ohio racy in this Republic, and it is time we And I have to tell my colleague, the (Mr. TRAFICANT). do so. I am asking for an ‘‘aye’’ vote. salaries they are paying these people is Mr. TRAFICANT. Mr. Chairman, the Mr. PORTMAN. Mr. Chairman, I still significantly less than people two amendments that were placed in move to strike the last word. doing comparable work in the private the IRS reform bill by former Chair- Mr. Chairman, my colleague, the gen- sector. man of the Committee on Ways and tleman from Ohio (Mr. TRAFICANT), has Means, Bill Archer, the Traficant b 1830 done a lot to help with IRS reform. I amendments could not get a hearing walked over a moment ago and told It is very tough to get people. for 12 years. him I did want to compliment him as Second, I would just like to make the Yes, the first one shifted the burden well as oppose his amendment. I was point that some of these people who of proof from the taxpayer of the IRS not talking about complimenting the would not get an incentive payment or who was guilty in a civil court. The amendment, however. I want to com- a bonus do not exist any more because second one said they could not seize pliment him because in 1998 this Con- we restructured the IRS and got rid of their homes without judicial consent. gress spoke almost with one voice at some of these positions. For example, We let that go for 50 years. the end of the day for restructuring the there is no chief inspector. There is no Here are the statistics. Seizures of IRS entirely, for putting in place doz- chief of management administration. homes dropped from 10,037 a year to ens of new taxpayer rights. There is no chief of operations. There 150. Wage attachments dropped from 3.1 The IRS, while it still has lots of is a chief information officer but he is million to half a million. Liens dropped problems, including phone calls that brand new, and I do not think we from 680,000 to 160,000. are not getting answered, including in- should penalize him yet until we see You are right. Some of these posi- formation that is not being accurately what kind of work he does. tions do not exist and some of the re- conveyed, is doing a little better. And There is no chief of communications. forms we did have worked. But the bot- even the gentleman said that in his Some of these lists of titles no longer tom line is someone is responsible here statement. But in 1998 the gentleman exist because of the restructuring. So and new employees do not get bonuses. from Ohio (Mr. TRAFICANT) pushed this in a sense we have turned the IRS up- Those people at the top that are com- House to put something in place that side down. They have restructured the ing in, the Congress is saying no bo- shifted the burden of proof from the entire operation. nuses until you return our constitu- taxpayers to the IRS in tax court. That We have forced them to do new per- ents’ calls and until your information was an important reform. It was not in formance measurements. We have makes sense. That is not an unreason- the original reform and restructuring forced them to live under some great able demand. act. It was added, in part, again be- new taxpayer rights. They are strug- Let me say this, I commend Chair- cause the gentleman from Ohio (Mr. gling with that a little bit. They still man Archer for having the courage to TRAFICANT) helped do that. are not living up to what we hoped make those changes because they were That is what I was going to talk they would be by this point, but they not in the bill. The IRS vehemently op- about in terms of complimenting the are making improvements. posed them as did the Clinton adminis- gentleman in terms of helping us to get This is not the time for us, in my tration. to a better system. Because what hap- view, to send the wrong signal to the It is time to make this change and it pens now all through the system is people who I hope are the good guys, is time to send this message. We are that the IRS has to really look at these the people who have come in, new peo- not from Western Union, but this cases to be sure they really have merit, ple at the top who are from the private strikes at the core. rather than taking them all the way to sector who we have attracted to the The CHAIRMAN. The question is on court and having the burden, which is IRS by saying, we are not going to pay the amendment offered by the gen- appropriately now on them as it is in you as much as the private sector, but tleman from Ohio (Mr. TRAFICANT). every criminal court in America, rath- we will give you a decent salary so we The question was taken; and the er than the burden being on the tax- can be somewhat competitive, and we Chairman announced that the noes ap- payers, as it was before. will give you a chance. peared to have it. But this amendment, to my way of Again, some of these people are brand Mr. TRAFICANT. Mr. Chairman, I thinking, is counterproductive. Let me new. Others have been there a year or demand a recorded vote, and pending give a couple of examples. When we re- two. We have to give them that chance. that, I make the point of order that a structured the IRS, we provided for They are the ones that ought to be quorum is not present. more incentive pay, which is part of straightening out this bureaucracy and The CHAIRMAN. Pursuant to clause the amendment; not just bonuses, but all of its problems. I would hope that 6 rule XVIII, further proceedings on the incentive pay. We actually provided while we send a strong message that amendment offered by the gentleman they could pay these top people more Congress is watching, that the over- from Ohio (Mr. TRAFICANT) will be than they were paying them at that sight board and the subcommittees and postponed. time. Why? Because they could not at- committees of this Congress ought to The point of no quorum is considered tract good people, particularly in the do their work. That we not accept this withdrawn. information services area. amendment. Are there further amendments? Management and information serv- I will mention one other thing, Mr. Mr. ISTOOK. Mr. Chairman, I move ices is one of the great problems at the Chairman, if I might. The new over- that the Committee do now rise. IRS. The left hand does not know what sight board which is a public/private The motion was agreed to. the right hand is doing. But it is partly board which is unique in government Accordingly, the Committee rose; because the left hand is using 1970s which was very controversial in this and the Speaker pro tempore (Mr. software and 1980s computers, and the body, but we got it through, is sup- SHAW) having assumed the chair, Mr. right hand is using another stovepipe posed to be there to provide account- DREIER, Chairman of the Committee of system that does not communicate ability to the IRS. One of their jobs the Whole House on the State of the with the first one. We have had to to- specifically established by this Con- Union, reported that that Committee, tally revamp that system, and they are gress is to review the commissioner’s having had under consideration the bill doing it. They finally now have a gen- selection, evaluation, and compensa- (H.R. 2590) making appropriations the eral contractor and have put out a tion of IRS senior executives. Treasury Department, the United modernization effort that we are sup- Let them do their job. Let the over- States Postal Service, the Executive porting in our committees and sub- sight board work. Let the IRS continue Office of the President, and certain

VerDate 25-JUL-2001 03:43 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.167 pfrm01 PsN: H25PT1 H4610 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Independent Agencies, for the fiscal then the gentleman from California Mr. HASTINGS of Florida. Mr. Chair- year ending September 30, 2002, and for (Mr. FILNER). man, I offer an amendment. other purposes, had come to no resolu- The SPEAKER pro tempore. We are The CHAIRMAN. The Clerk will des- tion thereon. still on the unanimous consent request ignate the amendment. of the gentleman from Oklahoma (Mr. f The text of the amendment is as fol- ISTOOK). lows: LIMITATION ON AMENDMENTS The Clerk will continue to report the Amendment No. 8 offered by Mr. HASTINGS DURING FURTHER CONSIDER- amendment. of Florida: ATION OF H.R. 2590, TREASURY The Clerk continued to report the Add at the end before the short title the AND GENERAL GOVERNMENT AP- amendment. following: PROPRIATIONS ACT, 2002 The SPEAKER pro tempore. Is there SEC. 6ll. The amounts otherwise provided objection to the request of the gen- Mr. ISTOOK. Mr. Speaker, I ask by this Act are revised by increasing the tleman from Oklahoma? unanimous consent that during consid- amount provided for ‘‘FEDERAL ELECTION There was no objection. COMMISSION—SALARIES AND EXPENSES’’ by eration of H.R. 2950 in the Committee f $600,000,000 and by decreasing each other of the Whole pursuant to House Resolu- amount appropriated or otherwise made tion 206 no further amendment to the TREASURY AND GENERAL GOV- available by this Act which is not required bill may be offered except: ERNMENT APPROPRIATIONS ACT, to be appropriated or otherwise made avail- Pro forma amendments offered by 2002 able by a provision of law by such equivalent the chairman or ranking minority The SPEAKER pro tempore (Mr. percentage as is necessary to reduce the ag- gregate amount appropriated for all such member of the Committee on Appro- SHAW). Pursuant to House Resolution priations or their designees for the pur- amounts by the amount of the increase pro- 206 and rule XVIII, the Chair declares vided under this section. pose of debate. the House in the Committee of the Mr. ISTOOK. Mr. Chairman, I reserve The amendment numbered 8, which Whole House on the State of the Union a point of order. shall be debatable for 30 minutes. for the further consideration of the The amendment by Representative bill, H.R. 2590. The CHAIRMAN. Pursuant to the FILNER of California that I have placed order of the House of today, the gen- at the desk which shall be debatable b 1837 tleman from Florida (Mr. HASTINGS) for 40 minutes. IN THE COMMITTEE OF THE WHOLE and a Member opposed each will con- Each such amendment may be offered Accordingly, the House resolved trol 15 minutes. only by the Member designated in this itself into the Committee of the Whole Mr. YOUNG of Florida. Mr. Chair- request, the Member who caused it to House on the State of the Union for the man, I claim the 15 minutes in opposi- be printed, or a designee, shall be con- further consideration of the bill (H.R. tion to the amendment. sidered as read, shall be debatable for 2590) making appropriations for the Mr. HASTINGS of Florida. Mr. Chair- the time specified equally divided and Treasury Department, the United man, I yield 31⁄2 minutes to myself. controlled by the proponent and an op- States Postal Service, the Executive Mr. Chairman, my amendment pro- ponent, and shall not be subject to Office of the President, and certain vides an additional $600 million to the amendment, except that the chairman Independent Agencies, for the fiscal Federal Elections Commission for the and ranking minority member of the year ending September 30, 2002, and for purpose of assisting State and local of- Committee on Appropriations, or a des- other purposes, with Mr. DREIER in the ficials in updating their voting sys- ignee, each may offer one pro forma chair. tems. amendment for the purpose of further The Clerk read the title of the bill. 240 days have passed since last year’s debate on any pending amendment. The CHAIRMAN. When the Com- embarrassment of an election. Con- The SPEAKER pro tempore. Clerk mittee of the Whole rose earlier today, gress should have acted by now. Aside will report the amendment. a request for a recorded vote on the from 1 minute speeches and special or- The Clerk read as follows: amendment by the gentleman from ders, press conferences, and hearings, Amendment offered by Mr. FILNER: Ohio (Mr. TRAFICANT), had been post- this is the first time election reform At the end of the bill, insert after the last poned and the bill was open for amend- has even been discussed in a meaning- section (preceding the short title) the fol- ment from page 68, line 3, through page ful way on the floor of the House, or in lowing new section: 95, line 16. either of our legislative bodies. SEC. ll. None of the funds appropriated in Pursuant to the order of the House of The simple fact is the absence of a this Act for the Office of Management and today, no further amendment to the Budget may be used for the purpose of imple- real debate on election reform is as bill may be offered except: pro forma much of an embarrassment as was the menting the final report of the President’s amendments offered by the chairman Commission To Strengthen Social Security. last election. Following last year’s or ranking minority member of the election, Florida’s failing election sys- Mr. ISTOOK (during the reading). Mr. Committee on Appropriations or their Speaker, I ask unanimous consent that tem became the punch line of nearly designees for the purpose of debate; the ever political joke around. the amendment be considered as read amendment numbered 8, which shall be However, Florida took the criticism, and printed in the RECORD. debatable for 30 minutes; the amend- bounced back and passed what I con- The SPEAKER pro tempore. Is there ment by the gentleman from California sider up to this point to be the most objection to the request of the gen- (Mr. FILNER) that has been placed at comprehensive election reform package tleman from Oklahoma? the desk, which shall be debatable for in the country, albeit still deficient. It Mr. HOYER. Mr. Speaker, reserving 40 minutes. the right to object, I think there was a Each such amendment may be offered is not perfect by any means. unanimous agreement that the gen- only by the Member designated in the Florida’s new election law seeks to tleman from Florida (Mr. HASTINGS) request, the Member who caused it to remedy some of the core problems that would go next. We have the chairman be printed, or a designee, shall be con- occurred last year, particularly in the here who wants to participate and oth- sidered as read, shall be debatable for area of updating voting technology. ers, if that is okay. I think it is okay the time specified equally divided and However, as counties throughout Flor- with the gentleman from California controlled by the proponent and an op- ida begin to update their voting sys- (Mr. FILNER). We increased his time. ponent, and shall not be subject to tems, they are finding themselves un- Mr. ISTOOK. Any such unanimous amendment, except that the chairman able to fund their needs, and this is consent is fine with me. I believe it is and ranking minority member of the true across America. necessary before we return to Com- Committee on Appropriations, or a des- In my home county, Broward, it will mittee that we do this. ignee, each may offer one pro forma cost more than $20 million to purchase Mr. HOYER. Mr. Speaker, I make a amendment for the purpose of further the state-of-the-art voting system. The unanimous consent request that the debate on any pending amendment. State is providing Broward County order of the amendments be the gen- Amendment No. 8 Offered by Mr. Hastings with a mere $2.3 million, leaving the tleman from Florida (Mr. HASTINGS), of Florida county with the remaining tab.

VerDate 25-JUL-2001 04:48 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.169 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4611 Broward County, ground zero during so that our elections in the future are people. This last election has destroyed the election debate, may not purchase not clouded by missed votes or votes people’s faith in our very system of the best voting machines on the mar- that are not counted, or whatever the government. ket because it cannot afford them. problem might be. Yesterday I heard a Member on this My concern is if we do not appro- floor speaking on the Foreign Ops bill b 1845 priate now and legislate later, as Sen- about the flaws in another country’s ator MCCONNELL has said, then we are I am not sure what the exact dollar election. It is shameful for us to dis- missing our opportunity to provide the amount should be today. My colleague cuss another country’s election when necessary funds in time for election from Florida and I have discussed this. we have our own American coup d’etat day 2002. I am not sure we are prepared to set a here in the United States. Mr. Chairman, Republican leadership dollar amount today. But I just want I strongly urge my colleagues to vote has yet to provide us with a formal to make the commitment again to the ‘‘yes’’ on this amendment, so that we commitment that a submittal or emer- gentleman from Florida (Mr. HASTINGS) can begin the process of finally getting gency appropriations bill will accom- and the gentleman from Maryland (Mr. over this shameful election. pany any election reform legislation. I HOYER) as we have discussed many, Mr. HASTINGS of Florida. Mr. Chair- am hopeful that, as this debate pro- many times before in private, that I man, I yield 2 minutes to the distin- gresses, such commitment will be am here to be supportive of this, and I guished gentleman from Paterson, New made. believe most of our colleagues will as Jersey (Mr. PASCRELL). The amendment sends a message to well, once we determine what the real Mr. PASCRELL. Mr. Chairman, the the American people that help is on the number is as far as the Federal respon- great poet Langston Hughes asked, way. My amendment says to State and sibility in partnership with our States ‘‘What happens to a dream deferred?’’ Well, in the case of the dream of fair local governments throughout America and in partnership with our commu- and equal treatment at the polls, the that the Federal Government wants to nities. Mr. Chairman, I reserve the balance dream deferred is a dream denied. assist them in updating their voting Last year’s presidential election was technology. The amendment makes the of my time. Mr. HASTINGS of Florida. Mr. Chair- a civics lesson for all of us. Unfortu- commitment that Congress has yet to nately, not only did we learn that make. man, I yield 1 minute to the distin- guished gentlewoman from Florida every vote counts, we learned that not Contrary to what many argue, the every vote is counted. (Mrs. MEEK). need for election reform is much more For example, in Atlanta’s Fulton Mrs. MEEK of Florida. Mr. Chair- than a civil rights issue. Rather, the County which uses punch card voting man, I thank my esteemed colleague need for election reform is a challenge machines similar to those that gained the gentleman from Florida (Mr. to our democracy. It is a challenge notoriety in Florida, one of every 16 HASTINGS) for yielding me this time. I that burns at the heart of every Amer- ballots for President was invalidated. support the Hastings amendment. ican who believes in our country’s In Harris County, Texas, which in- Our election system is sick. Mr. democratic heritage. It is a challenge cludes the city of Houston, 14,000 votes HASTINGS has a remedy. That remedy that we cannot back down from, and it were not counted because the voter’s would go throughout this country and is a challenge that we will not back selections simply did not register. In make us whole again. down from. There is no price tag for de- many Chicago precincts that have high Do not fool yourselves. The people of mocracy, and it is time for Congress to African American populations, one in this country are upset. They are angry. tell America that it is willing to spend every six ballots was thrown out. whatever it takes. They are disappointed. It is time that By not addressing this blatant in- Mr. Chairman, I reserve the balance we step up to the plate and say, yes, equality, we are letting down the thou- of my time. let’s fund this system and work out sands of Americans that take the time Mr. YOUNG of Florida. Mr. Chair- something that will make all Ameri- to vote each year and those votes are man, I yield myself such time as I may cans happy to be able to vote. not counted because the voting ma- consume. We cannot muzzle justice. No matter chines in these districts are old, broken Mr. Chairman, the gentleman from who says to move on, we cannot move and inaccurate. Our goal should be sim- Florida (Mr. HASTINGS) has made a on until justice is rendered. It is hard ply to fix the system, to help in every very valid point. We all remember the to imagine in a free world that I must way we can. exercise in Florida last year as we tried stand here and beg to be sure that we Yes, justice is difficult, Mr. Chair- to declare the winner of a Presidential get a system, that we have the Federal man, but as Sir James Mansfield said, election. But after the focus on Florida Government participate in the ref- ‘‘Let justice be done though the heav- faded away, we also learned that many ormation of our system. ens fall.’’ And Ferdinand I, the Em- other States had similar problems, and I want to thank the gentleman from peror of the Holy Roman Empire, said, in some cases they were more serious Florida (Mr. HASTINGS) and the gen- ‘‘Let justice be done though the world than the problems in Florida. tleman from Maryland (Mr. HOYER) for may perish.’’ That should be our pri- Shortly after we came back to con- this initiative. mary motivation, to bring justice to vene the new Congress, the gentleman Mr. HASTINGS of Florida. Mr. Chair- the system. from Maryland (Mr. HOYER), the rank- man, I yield 1 minute to the distin- Mr. YOUNG of Florida. Mr. Chair- ing minority member on the sub- guished gentlewoman from Jackson- man, I yield 1 minute to the distin- committee, and I began conversations, ville, Florida (Ms. BROWN), who hap- guished gentleman from California along with the gentleman from Florida pens to have a number of constituents (Mr. CUNNINGHAM). (Mr. HASTINGS), the gentleman from standing by. Mr. CUNNINGHAM. Mr. Chairman, I Ohio (Mr. NEY) on our side of the aisle, Ms. BROWN of Florida. Mr. Chair- have no doubt that some citizens were and a number of other Members; and man, I want to thank the gentleman disenfranchised, many of those in Flor- we understand that the Federal Gov- from Florida (Mr. HASTINGS) for bring- ida. ernment does have a responsibility ing this amendment to the floor. But I also know that I thought it was here. Twenty-seven thousand of my con- a travesty for the Gore and the Vice Conducting elections has always been stituents were disenfranchised in the President candidate to try and dis- the province and the responsibility of last election. The whole nature of the enfranchise our military vote in Flor- the States and the local governments, last presidential election, from the ida as well through technicalities. but I think we have reached a point roadblocks set up in black areas, to in- A Federal law says that you do not where there is going to be a tremen- nocent people labeled as felons and require a postmark because an FPO or dous need for financial assistance. As kicked off the voting rolls, to thou- APO many times, our military, are not chairman of the Committee on Appro- sands and thousands of votes being able to get there. But yet the Gore and priations, I believe that we should be thrown out, is not acceptable. Our cur- Vice President candidate tried to send prepared to meet the Federal responsi- rent President was selected by the Su- lawyers to disenfranchise on technical- bility in providing the relief necessary preme Court and not by the American ities those votes.

VerDate 25-JUL-2001 03:43 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.171 pfrm01 PsN: H25PT1 H4612 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Also, the State law says that you Mr. YOUNG of Florida. Mr. Chair- In the 9 months since then, studies have to have a date on it. The absentee man, I yield 2 minutes to the distin- by the press, by universities, and even ballot that was sent out by Florida did guished gentleman from Maryland (Mr. this House have all detailed the same not have a date on it. I do not know HOYER), the ranking member of the problem, that too many Americans are about you, but if it does not have a subcommittee. forced to use outdated or faulty voting date on there, I am not going to add it. Mr. HOYER. Mr. Chairman, I thank equipment. The vast majority of these Yes, across this country, we need a the gentleman from Florida for yield- faulty machines are concentrated in fair vote system. I do not reject that. ing me this time, and I also thank him the communities of poor and minority But what I do reject is people trying to for his statement and his continuing voters. make political points, coming down, willingness to work with all of us for a No single act is more central to the saying that the election was stolen. mission that he thinks is very impor- American democratic process than Mr. HASTINGS of Florida. Mr. Chair- tant and we share and we know is going casting a vote for the candidate of man, I yield 2 minutes to the distin- to require money. He is going to be a one’s choice. The idea that some Amer- guished gentleman from North Caro- critical player in that effort. We very icans might have their votes discarded lina (Mr. PRICE). much appreciate his role. because they live in the wrong neigh- (Mr. PRICE of North Carolina asked I rise, however, to pass along a para- borhood or they live as the wrong peo- and was given permission to revise and graph that would have been in the ple should spur every Member of this extend his remarks.) statement of the gentleman from Ohio body into action. Mr. PRICE of North Carolina. I (Mr. NEY) had he been able to stay. Un- This amendment would finally give thank the gentleman for yielding me fortunately, he had an engagement he the Federal Election Commission the this time. could not get out of. If the gentleman resources it needs. Mr. Chairman, when we find neigh- from Ohio (Mr. NEY) were here, the Mr. HASTINGS of Florida. Mr. Chair- borhoods built on top of toxic waste chairman of the Committee on House man, I yield 1 minute to the distin- dumps, we respond to that emergency Administration, he would have said guished gentleman from Baltimore, by buying out the homes and pro- this: Maryland (Mr. CUMMINGS). tecting the people who live there. When ‘‘These programs will cost money.’’ Mr. CUMMINGS. Mr. Chairman, I floods wipe out communities, we re- ‘‘These programs’’ being the election stand here to commend my good friend, spond by buying out property to pro- reforms which are being discussed on the gentleman from Florida (Mr. tect residents and help them find safe the floor today. ‘‘I want to assure the HASTINGS), on his efforts to keep elec- places to live. gentleman from Florida (Mr. HASTINGS) tion reform alive and in the forefront Mr. Chairman, error-prone voting that I am fully committed to ensuring of this body’s legislative agenda. equipment is an emergency situation that the necessary funds are authorized I support this amendment in recogni- that threatens our democracy, and we and appropriated.’’ tion that recently the principle of one need an immediate response. I com- I know that the gentleman from Ohio person, one vote was abandoned, result- mend the gentleman from Florida (Mr. (Mr. NEY) has talked to the gentleman ing in the disenfranchisement of thou- HASTINGS) for offering an amendment from Florida (Mr. YOUNG). I know that sands of citizens. It is time to take ac- that offers such a response. It is going they are working together, that we are tion to address this serious issue, and to take some money to upgrade voting working together. This is a critical this amendment does just that. technology from error-prone punch issue. I will have a few words to say on Shamefully, the last national elec- card and other systems to reliable ma- it later. But I am pleased that the gen- tion resulted in numerous allegations chines. We simply cannot afford to do tleman from Ohio (Mr. NEY), although of irregularities and minority vote di- nothing. he could not be here, wanted me to lution. The history of our country re- Just look at what error-prone voting make these remarks so that his com- veals the disturbing story of how many equipment like punch cards does to our mitment and his view of the impor- people fought and died in this country democracy. A study done by Cal Tech tance of this issue was clearly on the for the right to vote and exercise the and MIT revealed that the spoilage record during the consideration of the full measure of their citizenship. It is rate for punch cards was as many as Hastings amendment. outrageous that this country, the lead- 986,000 ballots in 2000. In Florida last I might say at this point in time that er of the free world, continues to be year the spoilage rate for punch cards the Hastings amendment’s sum of $600 plagued with this problem in this new was almost 4 percent. And in Cook million is very close to the sums that millennium. Through numerous hear- County, Illinois, it was 5 percent dur- are in most of the Senate bills and that ings, reports and individual citizen ing the last election. the gentleman from Ohio (Mr. NEY) and statements, it has come to light that Earlier this year, the gentleman from I have been discussing will be nec- outdated election systems caused thou- Maryland (Mr. HOYER), the gentleman essary to effect the ends that I think sands of votes to be undercounted, from California (Mr. HORN) and I and all of us seek. overcounted or not processed accu- other colleagues introduced the Voting I thank the gentleman for yielding rately. Improvement Act, which would make this time, and I thank him for his lead- buy-out grants available to any juris- ership on this issue. b 1900 diction that used punch card voting Mr. HASTINGS of Florida. Mr. Chair- Appropriately, this amendment systems in the last election. We want man, I yield 1 minute to the distin- would provide funding to the FEC to to see new equipment in place, and we guished gentlewoman from California provide assistance to State and local want it there soon, in time for the 2002 (Ms. WATSON), one of our newer Mem- governments in updating their election elections. We want to buy out that in- bers. systems. This is not just a first step, ferior equipment and put accurate Ms. WATSON of California. Mr. but a giant leap towards addressing an equipment in place that will give citi- Chairman, I would like to begin by issue that the American people believe zens the assurance that their vote is thanking the gentleman from Florida in. being counted. We need to push for ade- (Mr. HASTINGS) for offering the amend- Mr. HASTINGS of Florida. Mr. Chair- quate appropriations to make that hap- ment. As he has said, we are running man, I yield 1 minute to the distin- pen. out of time to fix our broken election guished gentleman from Oregon (Mr. Unfortunately, the President and our process in time for the next elections. DEFAZIO). Republican friends failed to include The confusion surrounding last Mr. DEFAZIO. Mr. Chairman, I thank any funding for election reform in the year’s presidential election in Florida the gentleman for yielding me time. budget this year. But Congress can and brought national attention to the fail- Mr. Chairman, there are a host of must meet the challenge of restoring ures of our voting process in many questions that need to be answered by faith in our democracy. The Hastings communities. I was in the Federated the system of elections in this country, amendment rises to that challenge, and States of Micronesia at the time, and I but there is one thing upon which Con- I commend the gentleman for offering could not believe what I saw. We re- gress and I believe most Americans it. sembled a banana republic. should agree: no single American

VerDate 25-JUL-2001 03:43 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.175 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4613 should be disqualified by virtue of election system. Shame on us. Shame access to the polling place and, yes, the using a defective voting machine. on anyone in the position of an elected ability to vote, whatever their dis- Mr. Chairman, it was not isolated to authority should anything like that ability may be, whatever their condi- Florida or any other part of the coun- ever happen again. tion may be, and have the integrity of try. My Secretary of State did a study Now, as the gentleman from Florida that vote being ensured and counted and, strangely enough, twice as many (Mr. HASTINGS), and I commend him for correctly. votes were disqualified in counties that offering the amendment, has pointed I am thankful that the gentleman used punchcard systems in Oregon as out, the State of Florida has taken the from Florida (Mr. HASTINGS) has of- counties that used optical scanners. lead on making illegal the infamous fered this amendment. I am thankful Now, a lot of people will say we cannot punchcard voting machine and pro- for the leadership of the gentleman afford to help the States and counties; viding partial funding to counties, in- from Michigan (Mr. CONYERS), who has we cannot afford a system of good tech- cluding the county of the gentleman introduced a bill; for the gentlewoman nology for the people of America to from Florida (Mr. YOUNG) and me, to from California (Ms. WATERS), who has record their votes flawlessly. fund some form of substitute tech- traveled throughout this country with Come on. This is the basis, the foun- nology. the gentleman from Florida (Mr. dation, of our franchise, what makes A consensus is developing among HASTINGS) and myself and others; for this country work. If we cannot afford Democrats and Republicans here, and I all those, not just from Florida, be- to pay for that technology, if we can- believe around the country, that the cause this is not a Florida problem. not afford to have a better election sys- solution is a form of technology that is The gentleman from Florida made that tem, then we are indeed headed toward precinct-based and that gives the voter point. He is absolutely correct. This is very dark times. the opportunity to verify his or her a national problem, a national chal- This is a modest amount of money to vote. In a State and country where we lenge, to ensure that our elections are resolve this problem, and this should have increasing numbers of voters who as good as the rest of the world be approved by this Congress. are aging, who are experiencing dis- thought they were, and their con- Mr. HASTINGS of Florida. Mr. Chair- abilities, be it sight or something else, fidence in that was put at risk this last man, I yield 1 minute to the distin- it is very important, it is fundamental, election. guished gentleman from New York (Mr. that that voter has the opportunity to We need to solve it; we will solve it. NADLER). verify his or her vote before they leave I thank the gentleman from Florida. Mr. NADLER. Mr. Chairman, it is not the voting booth. relevant who anyone believes really, in I want to close by pointing out why Mr. HASTINGS of Florida. Mr. Chair- quotes, ‘‘won’’ the election in Florida the Hastings amendment is so impor- man, I yield myself the balance of my last year to this amendment. This tant. Time is of the essence. If we do time. amendment is necessary because we not adopt this amendment today, or do Mr. Chairman, this morning in the know that people are being deprived of something shortly thereafter to take Committee on Rules, which you Chair, their votes by faulty and inadequate the chairman, the gentleman from the gentleman from Maryland (Mr. voting equipment, probably in every Florida (Mr. YOUNG), up on his willing- HOYER) said the following: ‘‘225 have State and certainly in most States of ness to fund this, we are going to lose passed where the Federal Government the Union. Certainly in my State of the opportunity to repeat the terrible has committed zero dollars for the in- New York, as well as in Florida. things that happened in the last elec- frastructure in States and localities. A report by the National Association tion in time for the 2002 elections. This must change, and it must change of Election Commissioners in 1988 said So shame on us if we let the next set now.’’ that punchcard voting machines have of elections result in the same prob- Mr. Chairman, I wanted to thank my more than twice the error rate and dis- lems. Let us get it fixed now. Time is good friend, the gentleman from Flor- qualification of other technologies of the essence. We know how to do it. ida (Chairman YOUNG), for his interest then in use, and that they ought to be Mr. HOYER. Mr. Chairman, reclaim- in this issue. His presence here on the phased out and discarded, in 1988. An ing my time, I thank the gentleman for floor as our debate has proceeded sends MIT study just said about $600 million his comments. a clear message to anyone who does a year is what is necessary to bring to Mr. Chairman, this is a good amend- not wish to see election reform suc- bear modern technology which will tell ment. This is an amendment which sets ceed. the voter who has tried to vote for two the dollars at an appropriate level. I also would like to thank my good candidates he would be disqualified or There is an ad on TV that says the friend, the gentleman from Maryland if he skipped a vote, you have done it, watch cost $150, the trip to Jamaica (Mr. HOYER), for his continuing efforts before you leave the voting booth so he cost $1,500, the confidence of a child is in producing an election reform pack- can correct it if he wants to. priceless. age that is acceptable to all sides. Also We ought to do that. We ought to The confidence that a citizen has in I would like to thank the gentleman make sure our future elections are ac- its country is priceless; the confidence from Oklahoma (Mr. ISTOOK) for his ef- curate and fair, regardless of which that a citizen has when they do the ul- forts and willingness to participate side of the aisle you are on. I commend timate act of democracy, which is to with us and the gentleman from Wis- the gentleman from Florida (Mr. participate as a Nation, as a people, as consin (Mr. OBEY) for his leadership in HASTINGS) for his amendment. a society, in making decisions, in this body and the entire caucus. Mr. HOYER. Mr. Chairman, I move to choosing leaders, in choosing options strike the last word. and priorities for their country. In addiction, I would like to thank Mr. Chairman, I yield to my friend, The tragedy of the last election was the gentleman from Ohio (Mr. NEY) for the gentleman from Florida (Mr. that there are many Americans who his leadership on this issue as well. The DAVIS). know that they have the right to vote, chairman has pointed out that the gen- Mr. DAVIS of Florida. Mr. Chairman, but are not ensured that they will be tleman from Ohio (Mr. NEY), the gen- as a Floridian, I wanted to share the able to vote, and, that if they do so, tleman from Maryland (Mr. HOYER), a painful story about what happened in their vote will count. Part of that lot of us, have been discussing this Florida one more time tonight. Part of problem is a technological problem, matter, not in the light of the public as the tragedy of the Florida election, and we need to solve it; and it will take we have here today, but in an effort to which was our country’s election, was money to solve that technological really try to get something done. I am that the margin of error ultimately ex- problem. confident that under the leadership of ceeded the margin of victory. The other problem is for this great these individuals, we will succeed in After the election, one of the painful democracy to ensure that every citizen once again bringing dignity to the lessons we learned was that it was not only has the right, but is guaran- American election system. widely exposed that we had an inexcus- teed by our society to have access to One of my colleagues from California ably casual, and, quite arguably, un- whatever their disability may be, pointed out inequities with reference constitutional deficiency in our voting whatever their status in life may be, to military ballots. I did not bother to

VerDate 25-JUL-2001 04:30 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.181 pfrm01 PsN: H25PT1 H4614 CONGRESSIONAL RECORD — HOUSE July 25, 2001 try to take a shot at him, because the but within the 50 States. Except if you disenfranchising machinery and procedures for election is over. It is time for us to look at that USA Today map, there minority communities. Or, if we offer the move forward and reform our election was one State that was solid, with money conditionally, states will simply elect to system in this Nation. I challenge this modern up-to-date uniform voting sys- decline a federal check and opt out of any body to roll up its sleeves and pass tems, and that was my home State of standards. meaningful election reform. Oklahoma. I want to give credit to the We must provide minimal guarantees to Mr. Chairman, with that, with the State officials who had that foresight. every eligible voter. This is precisely what the chairman’s final remarks, I am pre- Mr. YOUNG of Florida. Mr. Chair- bill I have introduced with Senator DODD and pared to withdraw the amendment. man, I yield myself 30 seconds. Majority Leader DASCHLE, the ‘‘Equal Protec- Mr. YOUNG of Florida. Mr. Chair- Mr. Chairman, I do so to thank ev- tion of Voting Rights Act,’’ would do. The bill man, I yield 21⁄2 minutes to the gen- erybody for the very important debate has a 140 cosponsors, more than any other tleman from Oklahoma (Mr. ISTOOK), that we have just had here. election reform bill. distinguished subcommittee chairman. Mr. RUSH. Mr. Chairman, on July 9, 2001, It sets comprehensive minimal standards for Mr. ISTOOK. Mr. Chairman, I appre- the House Government Reform Committee re- voting machines used in federal elections but ciate the gentleman yielding me time. leased the results of a national study that ex- does not tell states and localities what ma- Mr. Chairman, I thought in this dis- amined the income and racial disparities in the chine to buy—in other words, it only estab- cussion that people were having of the undercount of the 2000 presidential election. lishes a baseline for what the machines have great importance of making sure that At my request, the Committee investigated to be capable of doing. Americans have the opportunity to voting patterns in the First Congressional Dis- The standards for machines are common vote, to vote correctly, to make sure trict of Illinois, which I represent. The inves- sense standards that would solve problems their vote is counted, to put the re- tigation also examined the impact of different uncovered in 2000: First, to prevent spoiled sponsibilities where they lie, between voting machines on the undercount. This was ballots, machines would have to warn voters the voter and those who administer the the first report to examine voter undercounts of mistakes like overvotes and undervotes and voting. I thought it is very important on both the national and local levels. give voters a chance to correct these mis- when we talk about the problems, that The report analyzed the voting results in 20 takes; Second, machines would have to be somebody get up and talk about some- Congressional districts with high poverty rates accessible to voters with disabilities; Third, the body who has done it right, a State and majority minority populations. The startling machines would have to be accessible to lan- that has done it right, and that is my results of the investigation illustrated that vot- guage minorities; Fourth, to eliminate the use home State of Oklahoma. ers in my district were almost seven times of antiquated machines, the error rate for ma- Several years ago, our State spent more likely to have their votes discarded than chines would have to be as close to zero as millions of dollars that could have voters in affluent white districts. practicable. been spent on roads, could have been This disturbing quantification gives my dis- To correct haphazard voting purges and spent on schools, could have been spent trict the dubious distinction of being one of two registration mistakes by officials, the bill estab- on public health, but felt that there Congressional districts with the highest rate of lishes a right for every citizen to cast a provi- was a very pressing need to spend it on undercounted votes among those surveyed. sional ballot in a federal election if he or she solid uniform voting equipment. Every The first District tied with the 17th District of believes he has been improperly excluded county, every precinct in Oklahoma Florida, with the undercount rate a disturbingly from the rolls. uses the optical scanner voting ma- high 7.9 percent! To help prevent voter error and establish chines, and has for several years, which Overall, the report found that voters in low- minimal standards for voter education, the bill is one of the methods that is receiving income predominantly minority districts were requires that every registered voter in a fed- the highest level of support from peo- significantly more likely to have their votes dis- eral election receive a sample ballot and in- ple talking about the way it ought to carded than were voters in affluent, predomi- structions for filling out the ballot prior to an be done. nantly white districts. election. If a voter has an improper ballot that The report also showed that better voting To ensure that voting rights violations are has been marked twice, for example, technology significantly reduced undercounts reported, the bill requires that every registered the machine will spit it right back out in low-income, minority areas and narrowed voter receive a document advising them of at you so you still have a chance to the disparity between the two types of districts their voting rights and who to contact if those correct it. I know that is an important and voting populations examined. rights have been violated. The bill is constitutional. It is limited to fed- thing to a great number of people. Ballot undrecounts in my Congressional dis- I wanted to give some credit to the trict are nothing new. I have heard and re- eral elections. Under Art I, Sec. 4, Clause 1 of people who did that in Oklahoma. Our sponded to my constituent complaints for the Constitution, the Congress has the author- State Election Board secretary, a Dem- many years on this subject. However, now, ity to set standards for federal elections. It avoids creating an unfunded federal man- ocrat, Lance Ward, deserves a lot of we, in Congress, have quantifiable proof that date by fully funding the minimal standards. credit for the foresight, and those that better technology improves the undercount It recognizes that states may incur costs for came before him, to say that there is a rate. meeting these obligations in state and local pressing need. What can be done is illustrated simply be- elections so it reimburses states for the costs So when we talk about having the fore us—both by the Government Reform of making state and local elections conform to Congress of the United States spend a Committee report and by the gentleman from the standards if they choose to do so. great amount of money to help States Florida’s amendment. We must provide the fi- Mr. YOUNG of Florida. Mr. Chair- out in this situation, let us remember nancial resources so critically needed by state man, since my colleague from Florida that there are some States, or cer- and local governments to update their voting has indicated that he intends to with- tainly there is Oklahoma, that had the equipment. I urge my colleagues to support draw this amendment, I yield back the foresight to put it in place to prevent the Hastings amendment. balance of my time. these problems. I want to make sure Mr. CONYERS. Mr. Chairman. I support Mr. HASTINGS of Florida. Mr. Chair- that we consider that in whatever we ALCEE HASTINGS’ amendment to the Treasury- man, I ask unanimous consent that the craft. Postal Appropriations Act. The amendment will amendment I offered be withdrawn. We are trying to say when other provide an additional $600 million to the FEC The CHAIRMAN. Without objection, States ask for financial assistance for budget, funds that are necessary to assist the amendment offered by the gen- election reform, remember, we already state and local governments in updating voting tleman from Florida (Mr. HASTINGS) is bore the cost; and we hope that will be systems. This is an excellent first step in tack- withdrawn. duly considered with whatever is done ling the election reform issue. It is dis- There was no objection. with appropriations from this body. appointing that President Bush’s budget made AMENDMENT OFFERED BY MR. FILNER There was a map in USA Today right no allowance for election reform. Mr. FILNER. Mr. Chairman, I offer after the elections talking about the But additional funding is not enough. Just an amendment. great disparity and the types of ma- throwing money at the problem will not solve The CHAIRMAN. The Clerk will des- chines or paper ballots used in different the problem. We will end up with states simply ignate the amendment. places; and you looked at patchwork taking the money and using it in rich neighbor- The text of the amendment is as fol- quilts, not only among the 50 States, hoods while a state could continue using most lows:

VerDate 25-JUL-2001 05:05 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.183 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4615 Amendment offered by Mr. FILNER: gram. Almost one-third of its bene- So let us talk a moment about what At the end of the bill, insert after the last ficiaries receive benefits because they is actually happening. I would like to section (preceding the short title) the fol- or a family member are disabled or be- call the attention of my colleagues to lowing new section: cause a family member has died. In the the communication from the Fiscal As- SEC. ll. None of the funds appropriated in this Act for the Office of Management and case of survivors and those disabled, re- sistant Secretary of the Department of Budget may be used for the purpose of imple- cipients have a shorter time period to Treasury in which they warn, in which menting the final report of the President’s accumulate balances in their indi- they warn that there is going to be a Commission To Strengthen Social Security. vidual accounts, so their benefits cash shortfall beginning, in this report, The CHAIRMAN. Pursuant to the would be drastically reduced under a it says 2015. 2015. And the report clearly order of the House of today, the gen- privatization plan. Women in this Na- says that money is going to have to tleman from California (Mr. FILNER) tion would be disproportionately af- come from other sources beginning in and a Member opposed each will con- fected and hurt, and we will hear state- 2015. My colleagues may say this report trol 20 minutes. ments to that effect from my col- is not true. Let me tell my colleagues The Chair recognizes the gentleman leagues. who signed it. The Secretary of the from California (Mr. FILNER). Privatizing Social Security, Mr. Treasury, Lawrence Summers; Sec- Mr. FILNER. Mr. Chairman, I yield Chairman, is tantamount to gambling retary of Health and Human Services, myself 4 minutes. with the security of millions of Ameri- Donna Shalala; the trustee, Stephen Mr. Chairman, this amendment, cans. It would expose workers and re- Kellison; Alexis Herman, who is Sec- which is only one sentence long, may tirees to unacceptable risks, as well as retary of Labor; Ken Apfel, the Com- be the most significant sentence that substantial administrative fees that missioner of Social Security under we vote on in this Congress, because it would eat into the returns. It would President Clinton, and there are oth- would prevent any funding being used undermine the concept that through ers. for the purpose of implementing a So- Social Security, we take care of each I think that what is necessary and cial Security privatization plan. other, from neighbor to neighbor, and what we must do is face up to the fact Now, why must we take what seem- from generation to generation. that we are facing a cash shortfall be- ingly looks like a drastic step? Because Mr. Chairman, I reserve the balance ginning in 2016, and it may slip, and it we have seen the report that was just of my time. may come back to 2015, if the trust issued by President Bush’s Social Secu- Mr. ISTOOK. Mr. Chairman, I rise to fund is further depleted. Sure, they are rity Commission, a commission hand- claim the time in opposition. Treasury bills, and Treasury bills are a picked by the White House because The CHAIRMAN. The Chair recog- safe investment and it is a sign of the they already supported a privatization nizes the gentleman from Oklahoma commitment of the Congress to the fu- plan. (Mr. ISTOOK) for 20 minutes in opposi- ture retirees. But are we going to send tion of the Filner amendment. our retirees beginning in 2015 or 2016 b 1915 Mr. ISTOOK. Mr. Chairman, I yield 6 saying sorry, here is a check for some This report is obviously the first step minutes to the gentleman from Florida cash, but there is a shortfall, so here is towards setting the stage of robbing a (Mr. SHAW). a Treasury bill. Of course not. We are vital benefit for seniors. Mr. SHAW. Mr. Chairman, sometimes going to continue to send them cash. Mr. Chairman, the deck has been in this body it pays to read the amend- And we are going to maintain the stacked, the process has been rigged, ment. The amendment says that at the strength of the Social Security system. and we must stop it in its tracks. So- end of the bill, insert after the last sec- What did the Commission say? The cial Security has come to be the cor- tion preceding the short title the fol- Commission says that they have to ac- nerstone of our Nation’s income pro- lowing new section: none of the funds cumulate some wealth. They have to tection system and provides disability, appropriated in this act for the Office accumulate something in order to pay retirement, and life insurance protec- of Management and Budget may be future benefits. Did it say anything tion to virtually all American citizens. used for the purpose of implementing about privatization? No. Obviously, the system requires contin- the final report of the President’s Com- Now, we hear so much, and so many ued evaluation, but it is not in crisis mission to strengthen Social Security. Members will get up and talk about the today. But the interim report of the I do not read the word privatization risky stock market. I was watching the Presidential Commission tries to cre- in this amendment. I have read the re- unions protesting the meeting that was ate a crisis, a crisis that does not exist. port, the interim report of the commis- going on. But we are going to have an Even if we did nothing about Social Se- sion. I do not read the word privatiza- opportunity just next week, because curity, and nobody is suggesting that, tion in that report. the Railroad Retirement Fund is com- but even if we did nothing, the system I am absolutely dumbfounded why we ing before this House, and we are going would pay full benefits through the would talk about the President imple- to have an opportunity to say that the year 2038. This is a manageable prob- menting the recommendations anyway. railroad retirement fund now does not lem, not a catastrophe that requires The recommendations and any imple- have to be limited to just investing in risky and radical solutions. mentation is going to have to come Treasury bills; the railroad retirement The proposed privatization program back here to the Congress. It is us that fund now can invest in stocks. Mr. which plans to take approximately 2 are going to have to change the method Chairman, I will guarantee my col- percent of the payroll tax for Social Social Security is going forward with if leagues that people on both sides of the Security to allow individuals to invest it is going to be changed at all. aisle and the very people that are get- in private accounts would result in a But let us talk for just a moment ting up and talking about the risky loss of over $1 trillion from the Social about the trust fund itself. The trust stock market are going to vote yes, Security system between this year and fund, it is agreed by Democrats and Re- and they are going to vote yes, because 2011, and would decrease benefits by 50 publicans, will not run out of Treasury both management and labor wants it percent. bills until 2038. That is an estimate, that way, because they understand My constituents do not want to see but it is a pretty good one, and it is one that that is the way to accumulate real that decrease, and my constituents are we can count on. But we can also agree wealth. unwilling to have their secure retire- on the fact that there will not be I see my friend from New York (Mr. ment gambled away in the stock mar- enough cash coming into Social Secu- NADLER), who I am sure is going to get ket. The stock market is not the way, rity to pay the benefits beginning in up and speak. He has a plan to save So- Mr. Chairman, to determine who will 2016. What, then, is going to happen? cial Security, but it involves the Social be financially able and stable in their The Congress is going to have to do Security Administration investing in retirement years. one of several things: either raise taxes stocks and bonds of the private sector. We know that privatization would and find the money, deficit spend in I think it is time that we stop these also decrease benefits for disabled order to pay off the Treasury bills, cut scare tactics. Let the Commission beneficiaries and survivors. Social Se- benefits. Is there anyone in here that is come forward with their report. And in curity is more than a retirement pro- prepared to do that? I think not. order to implement any change in the

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.186 pfrm01 PsN: H25PT1 H4616 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Social Security system of any con- we roll over debt. We have $6 trillion of from the Committee on Appropria- sequence is going to require legislation debt. Now, it is okay apparently to tions. to come out of this body. So I am say- honor the debts for people in Japan or Mr. KOLBE. Mr. Chairman, I thank ing, let us not only have faith that industrial investors or anybody else, the gentleman for yielding time to me. they may come up with something that but we are now questioning whether we Mr. Chairman, I think this amend- we can use and something that will be are going to honor the debt to the ment is really the height of irrespon- good, but let us have faith in ourselves, working people of America. sibility. It is the height of the ostrich and let us live up to this problem that Mr. Chairman, this is extraordinary. saying, ‘‘Let us put our heads in the we have, and that is, we have a cash It is bold in its scope. It is unprece- sand.’’ It is the height of the Alfred E. shortfall beginning in the year 2016. We dented that a Secretary of the Treas- Newman, ‘‘What, me worry,’’ syn- will no longer have the payroll taxes ury, a President of the United States’s drome. It pretends we do not have a coming in to take care of the benefits, hand-picked commission, would ques- problem when everybody knows there and we are going to have to find the tion whether or not we will honor this is a problem, every American. money to start paying off the Treasury debt. If we talk to Americans out there, bills. This year, Americans will pay $93 bil- they know there is a problem with So- This is going to be a huge problem, lion more in Social Security taxes than cial Security. Yet what we are hearing and the problem is caused by a very are necessary to support the system. If over here is, ‘‘What? There is no prob- simple situation: we have less workers the gentleman who preceded me in the lem. There is nothing we need to do supporting less retirees than we have well is right, then let us lower that tax here.’’ ever had before, and that is going to today, because we are defrauding the I am glad, actually, that the gen- continue to go down, so not too long people of that $93 billion, because we tleman from California has brought from now, we are going to be down to are saying, hey, it is going to be really this amendment to us tonight, because two workers per retiree. We can plan painful to pay that money back. We are at least it gives us a chance to call at- ahead; we can save Social Security for taking it from them now, we are depos- tention to the fact that we have a prob- the next generation, so let us get to- iting it for them in the U.S. Treasury; lem. I urge the Members of this body gether and let us get the job done and we are telling them that it will pay and I urge the American people to read forget the scare tactics. their benefits, but maybe we will not this report, this interim report of the Mr. FILNER. Mr. Chairman, I yield 4 be able to afford to honor that. That is Commission, because it does talk about minutes to the gentleman from Oregon absolutely extraordinary. some of the problems. (Mr. DEFAZIO). Social Security is totally and fully The simple fact is, we have a system Mr. DEFAZIO. Mr. Chairman, I sup- sound until the year 2038. It can pay 100 right now that really is not sustainable port one thing the gentleman preceding percent of every promised benefit to me in the well said: let us stop the in the long run. The gentleman from every American, every recipient, every Florida said it very well: We have a scare tactics. The scare tactics are con- beneficiary, disabled or dependent. tained in this report of the so-called cash flow problem that begins in 2016, a After that, it can afford to pay 73 per- cash flow problem. That is a very real Commission to Save Social Security. It cent. is the Commission to privatize Social problem that we have to deal with 15 Now, that means we have a 27 percent years from now, in 2016. Security, not with aggregate invest- problem beginning in 38 years, but Fifteen years ago I was finishing my ments, but with individual accounts, so what they are going to propose is to de- first term in office. That was the mid- Wall Street can better profit by charg- stroy the existing system, to steal the dle of Ronald Reagan’s second term. ing 250 million people a little bit of $6 trillion on account for the American That was not that long ago. Fifteen money every month, reducing their workers, and convert to something years from now we begin to see a seri- benefits, ultimately, by 40 percent. else, and ignore the trillions of dollars ous problem: How are we going to pay This report, for the first time in the in transition costs and benefits. the benefits? Where are we going to 225-year history of the United States of They can only get there a couple of borrow the money to make the cash, to America, is questioning whether or not ways. They are going to have to reduce cash in those bonds that the gentleman the Federal Government will make existing benefits, or they are going to from Oregon was talking about, and to good on its debts. Guess where the have to raise taxes to pay for the exist- pay those benefits? money in these accounts came from? ing promises; one or the other. Or, they If we do not do anything by the year He is saying, we are going to have a can honor the debts and fix the pro- 2020 that requires cuts to Federal cash flow problem. Yes, Americans gram in the future. The simplest way spending to address Social Security’s have been saving. We have been paying to do it is to lift the cap on earnings. financial shortfalls, it would equal the more taxes every year than are nec- If people earn over $80,000 a year, they combination of Head Start, WIC, the essary to support Social Security with do not pay the same tax as everybody Departments of Education, Interior, the idea that that money was put on else; they pay less. They only pay on Commerce, and the EPA. Either we cut deposit for future generations. This the first $80,000. If we just lifted the that or borrow the money someplace fund in 2016 will have more than $5 tril- cap and people paid Social Security on else, or we raise the taxes, as the gen- lion, and $5 trillion of what? Of securi- every penny they earn, guess what the tleman said. But let us not deny the ties against the Federal Government. actuaries say? The system is solvent fact that we have a problem. In fact, one of these securities says, forever, and, in fact, we could afford to this bond is incontestable in the hands lower the tax burden on working Amer- If tomorrow’s shortfalls are faced of the Federal Old Age and Survivors icans. today, if we had those problems right Insurance Trust Fund; this bond is sup- now, a two-earner couple with $50,000 in ported by the full faith and credit of b 1930 income would have to pay an addi- the United States and the United Now, would that not be a great solu- tional $2,100 in taxes per year in the States has pledged the payment of the tion? But I do not think that is going year 2030. I do not know about other bond with respect to both principle and to come out of a commission hand- Members, but I think these kinds of interest, yet the gentleman who pre- picked by President George Bush and changes are really unacceptable. ceded me and this so-called commis- supported by the Republican majority The gentleman said that we have a sion are questioning whether or not we in this House, because that would mean system, do not tinker with it. We have can or will honor those bonds. the millionaires and billionaires would made 50 changes-plus in the history of There is no question. We must honor pay a little bit more to secure the re- Social Security with the system. Do those bonds, and we should honor those tirement future of working Americans. not tell me it is not going to be bonds and that obligation to the Amer- Mr. ISTOOK. Mr. Chairman, I yield 4 changed. It is a political system. We ican people, through the process that minutes to the gentleman from Ari- are going to make changes to it. We we use to honor all other debts in the zona (Mr. KOLBE), chairman of our Sub- are going to have to do something. Let United States of America. We either committee on Foreign Operations, Ex- us figure out what we can do that pro- run a surplus and we pay out of that, or port Financing and Related Programs tects everybody.

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.189 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4617 Let me just refer to the draft com- causing this Commission to lose its Social Security retiree. And the esti- mission’s report itself. I just want to funding. Then Congress can regroup mate is in another 15 to 20 years it is read two simple paragraphs. and fund a commission that would in- only going to be two people working in One, the third conclusion they crease some kind of a debate here, be- the United States to have to pay reached, ‘‘The system is broken. Unless cause it is a one-sided story. The deck enough taxes to accommodate every we move boldly and quickly, the prom- is stacked. single one retiree. ise of Social Security for future retir- It is no secret, the Wall Street Jour- To suggest that we should do nothing ees cannot be met without eventual re- nal said 2 months ago, that President now because we might ruin the system sort to benefit cuts, tax increases, or Bush stacked his bipartisan Social Se- is ridiculous. There are a lot of ways massive borrowing. The time to act is curity Commission with members who that maybe we could help cure the pro- now.’’ agree with his goal of creating private gram. What the President has sug- And then they go on to say this: ‘‘If accounts. That was the Wall Street gested, what the gentleman from Ari- the problems spelled out in this in- Journal, May 10, 2001. zona (Mr. KOLBE) and others and I have terim report become a topic of national There are two Commission members, suggested in the several bills we have debate and receive the public’s focus Ms. Weaver and Mr. Vargas, and they introduced, in the last 7 years I have and scrutiny, that in itself will be a have ‘‘supported the most ambitious introduced three bills that have been positive step forward. The greatest privatization plan, to carve 5 percent- scored, each of which has been scored threat is in taking the course of least age points of the payroll tax for indi- by the Social Security Administration, resistance, ignoring the challenge and vidual accounts. Recognizing the huge to keep Social Security solvent for the doing nothing.’’ transition costs, [they] proposed a 1.52 next 75 years. Mr. Chairman, those who oppose the percentage point boost in the payroll Every time I introduce a bill, from Commission’s report have a responsi- tax, $1.9 trillion in government bor- the first one in 1994 until the one last bility to stand here now, tonight, and rowing and a higher retirement age.’’ year, the solutions have to be more tell us what we should do, what their Now, think about that: Privatization drastic because we are running out of conclusion is. The answer is not to put equals increased taxes, increased gov- time. We are wasting these kinds of our heads in the sand and pretend there ernment borrowing, higher retirement funds that are coming in. The problem is not a problem. We do have a problem age. If this Commission is a cure for is real. The demographics are real. with Social Security, but it can be Social Security, then the plague is a There are more seniors in relation to fixed. It can be fixed in a way that cure for the common cold. the number of people that are paying guarantees that those who get Social Estelle James is a Democratic mem- for those benefits. Security benefits now are protected ber of the Commission who ‘‘as a If we do not do something, if we use today, and those who get them in the former World Bank economist was that this issue to scare people politically, future are protected, but the young body’s main voice for privatizing gov- we are doing a disservice to this Cham- people have an opportunity to know ernment retirement programs world- ber, to the American people, and to that they, too, will have some benefits wide.’’ That is hardly the person Amer- those people on Social Security. and some Social Security and some re- ican consumers and seniors, the baby There are only two solutions to fix tirement system in their future, as boomers, can count on to give a fair the problem, or maybe three solutions well. picture of the state of Social Security. to fix the Social Security problem: Ei- Mr. FILNER. Mr. Chairman, I yield 4 Sam Beard, ‘‘Founder and president ther bring in more revenues, so one can minutes to the gentleman from Ohio of the business-financed Economic Se- afford the payments, or reduce the (Mr. KUCINICH). curity 2000, which favors a fully amount that is going out in payments. Mr. KUCINICH. Mr. Chairman, I privatized system,’’ is hardly the per- The real key date is not some date thank the gentleman for yielding time son to give us an unbiased view. off in 2033, when it says the Social Se- to me. Tom Saving, another Commission curity Trust Fund is becoming insol- Mr. Chairman, some of my colleagues member, has written, ‘‘Strange as it vent. The real date that we have to pay have talked about one putting one’s sounds, we must destroy the social se- attention to, the latest estimate is head in the sand. I would agree that we curity system, as we know it, to save 2016, when there is less money coming must be careful not to keep our head in it.’’ in from the Social Security taxes than the sand while the President has ap- Robert Pozen, an investment com- is required to pay benefits. With the pointed a commission which is fully in pany executive with Fidelity, said, downturn in the economy, the next es- favor of privatizing Social Security. ‘‘Even partial privatization is not a timate is going to be less than that I agree, it is time to stop the scare panacea.’’ year of 2016. tactics. We do not need to scare the The Wall Street Journal went on to Let us move ahead. Let us make sure American people, or try to stampede say, ‘‘He served on a panel that rec- if there are any private investments them into believing that Social Secu- ommended partial privatization but that they be limited to safe invest- rity must be privatized, because the also a higher retirement age and re- ments. Let us make it clear to the fact of the matter is the money is duced benefits, including spousal bene- American people that we are not using there. Social Security is solvent fits.’’ any of the disability insurance funds, through the year 2038 without any End the stacked deck. the disability insurance or the survivor changes whatsoever. It has $5 trillion Mr. ISTOOK. Mr. Chairman, I yield 3 benefit trust funds. That is off the in assets by the year 2015. There is no minutes to the gentleman from Michi- table. That is not being considered. reason to scare the people and stam- gan (Mr. SMITH). How do we get a better return than pede them into agreeing with the pri- Mr. SMITH of Michigan. Mr. Chair- the 1.7 percent that future retirees are vatization of Social Security. man, I thank the gentleman for yield- going to get from the Social Security It has been said that there is a cash ing time to me. taxes the employees and employers flow problem. Mr. Chairman, next year Mr. Chairman, it is such a disservice have paid in? the Department of Defense has a cash to the American people to make this Mr. FILNER. Mr. Chairman, I yield 4 flow problem. In the year 2003, the De- issue a political issue. It is easy to minutes to the gentleman from New partment of Defense, absent our action, demagogue because seniors are fright- York (Mr. NADLER). will be lacking $330 billion they need ened about the possibility of losing Mr. NADLER. Mr. Chairman, I thank for operation. But somehow this Con- their Social Security benefits. the gentleman for yielding time to me. gress in its wisdom finds a reason and The facts are very clear: Thirty years Mr. Chairman, in 1935, about 178 Re- a means to finance the operations of ago it took 33 people to come up with publicans voted against establishing the Department of Defense. the funding for every one retiree Social Security. One voted for it. In I think it is important that we look through their Social Security taxes. 1964, 30 years later, the Republican at this Commission, because the Today it takes three people to come up party, behind Barry Goldwater, said, amendment of the gentleman from with the taxes to accommodate that ‘‘Let us get rid of Social Security. Let California (Mr. FILNER) focuses on Social Security benefit for every one us make it private.’’ Thirty years later

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.192 pfrm01 PsN: H25PT1 H4618 CONGRESSIONAL RECORD — HOUSE July 25, 2001 they are right on schedule again, and in the stock market. Sure, the whole minorities, unfortunately, have a lower they want to destroy Social Security system does, not individuals, and that rate of pension coverage. Only 29 per- in order to save it. makes all the difference in the world. cent of elderly African Americans and To do this, the Bush administration If the Government decided to buy pri- 22 percent of elderly Hispanic Ameri- sets up a biased commission. They have vate stocks and bonds with the Social cans get a pension income. By compari- a habit of setting up biased commis- Security Trust Fund to get greater re- son, 45 percent of white seniors do. Un- sions: first, Mr. CHENEY’s energy task turns, the Government has a budget fortunately, people of color are dis- force of oil company executives; and problem if those stocks do not pan out. proportionately represented among now this task force, composed 100 per- The individuals still are guaranteed by low-wage workers; therefore, it is much cent of people who are on record as fa- law their Social Security. So the fact harder for them to set aside savings for voring the partial or full privatization that pension funds invest in stocks retirement. Privatization of Social Se- of Social Security. does not mean we ought to put individ- curity will jeopardize their retirement We can have an honest amendment uals at risk of the private stock mar- income. that says, do not implement the report ket. Now, people with disabilities are also of the Commission because we know it We are also told by an operation, by hurt significantly by privatizing their is going to be privatization, because this task force, by others, Chicken benefits. As of January 2001, over 13 they said so. They told us that. We do Littles, that the sky is falling, we are million Americans, or about 30 percent not have to wonder about what it is going to run out of money. Well, the of all Social Security beneficiaries, going to be. ‘‘Let us establish a com- system will have enough money to pay rely on Social Security disability. For mission to investigate the problem and all benefits for the next 37 years, if we the average wage earner with a family, come up with the solution that they believe the trustees; and then it will Social Security offers the equivalent of designed before they investigated the have a 28 percent shortfall, if we as- a $200,000 disability insurance policy. problem.’’ sume that the rate of economic growth The vast majority of workers would We are told in 2016 Congress, in order of the United States is going to plum- not be able to get similar coverage to pay off the Social Security bonds, met to a rate not seen since the De- from the private sector. The GAO con- will either have to raise taxes, cut ben- pression and going to stay there. cluded in a January 2001 examination efits, or borrow to pay back these Mr. FILNER. Mr. Chairman, I yield of Social Security privatization plans bonds. Why? Why did we increase FICA 41⁄2 minutes to the gentlewoman from that the income from workers’ indi- taxes, Social Security taxes in 1983 and California (Ms. LEE). vidual accounts was not sufficient to cut the benefits in order to build up a Ms. LEE. Mr. Chairman, I thank the compensate for the decline in the in- trust fund so that it would keep Social gentleman for yielding me this time surance benefits that disabled bene- Security solvent? Now they tell us and for introducing this amendment. ficiaries would receive. those $5 trillion in assets do not mat- I rise in strong support of the Filner The uncertainty of privatization also ter, they are not real assets. Well, they amendment, which would prohibit the hits women extra hard. Poverty among are real assets to the Social Security Office of Management and Budget from American women over 65 is already system. spending any funds to implement the twice as severe as among men in the True, the government is to pay it. It final report of the President’s Commis- same age group. Women are more like- will cost, to pay it, $200 billion a year, sion to Strengthen Social Security. ly to earn less than men and are more starting in 2016. How are we going to People with disabilities, minorities, likely to live longer. Women also lose pay it? For one thing, the tax cut that and women are especially hurt by So- an average of 14 years of earnings due we approved a few weeks ago will cost cial Security privatization. to the time out of the workforce to about $400 billion a year starting in Today, there are approximately 45 raise children or care for ailing parents 2011, once it is fully phased in. Half of million Americans receiving Social Se- or spouses. And since women generally that tax cut would pay for all the curity benefits, over 4 million of whom have a higher incidence of part-time bonds on an annual basis. reside in my home State of California. employment, they have less of an op- They are only part of the bonds. That Many people depend on this retirement portunity to save for retirement. Most is part of the national debt of the benefit as a source of major income. privatization proposals make no provi- United States. They are no different Social Security is the principal source sion for these differences and would than the bonds that are held by of retirement income for two-thirds of thus make poverty among women even Mitsubishi or the series E bonds held elderly Americans, representing 90 per- worse. by the gentleman from Michigan (Mr. cent of the annual income for 29 per- Currently, Social Security provides SMITH). We always pay back those cent of all seniors over the age of 65. In guaranteed lifelong benefits. No matter bonds. fact, Social Security benefits lifted ap- what the stock market does the day We are not going to have to raise proximately 13 million senior citizens one retires, or in the months leading taxes or cut benefits. If we do, it is a out of poverty last year. up to retirement, an individual’s bene- government budget problem, not a So- Social Security is not just a retire- fits will be unaffected. cial Security problem. ment program for our seniors. For mil- The American people deserve the Now we are told the solution is pri- lions of Americans, Social Security is truth. Now that the Bush administra- vatize; take a system which guarantees the only protection against the shack- tion has passed a $1.6 trillion tax cut a person a certain benefit, a certain re- les of low lifetime earnings, the finan- that primarily benefits the wealthy, tirement benefit, and tell them they cial hardships related to death or dis- they are trying to find another method will only get a certain fraction of that ability, the danger of poverty in old of paying for Social Security due to the benefit, and the rest of it will depend age, and the uncertainty of inflation. lost revenue. But the proposal to pri- on their luck on the stock market. Privatization undermines these protec- vatize Social Security does absolutely Maybe they will do well, and maybe tions and adds one more risk that nothing to extend the life of the pro- they will not. A lot of people will do workers would have to worry about, gram or save it. It diverts money from well, but a lot of people will not do and that is Wall Street. the Social Security Trust Fund. well, and we will recreate the situation Let me just bring a little diversity to We must put money in to protect the we had before Social Security in which this debate this evening. Elderly Afri- trust fund, not deplete the fund. We some people have good retirements and can Americans and Latinos rely on So- have an obligation to strengthen Social others are in abject poverty because cial Security benefits more than white Security, not privatize it. their investments were foolish or sim- elders do. From 1994 to 1998, African Mr. ISTOOK. Mr. Chairman, how ply unlucky. American and Latino seniors and their much time remains? spouses relied on Social Security for The CHAIRMAN. The gentleman b 1945 1 about 44 percent of their total income, from Oklahoma (Mr. ISTOOK) has 7 ⁄2 We are told that the railroad retire- while white elders and their spouses re- minutes remaining and the time has ment system is going to invest in the lied on the program for only 37 percent expired for the gentleman from Cali- stock market, pension funds will invest of their total income. This is because fornia (Mr. FILNER).

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.195 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4619 Mr. ISTOOK. Mr. Chairman, I yield 2 lated matter, some time to yield for what goomwah is, if they come from a minutes to the gentleman from Texas the purpose of a brief colloquy. rural community. (Mr. STENHOLM). Mr. FILNER. Mr. Chairman, I wanted So I would simply say, yes, we are (Mr. STENHOLM asked and was to thank the gentleman from Okla- going to have to take actions to given permission to revise and extend homa, the gentleman from Florida, the strengthen Social Security, and that is his remarks.) gentleman from Arizona, and the gen- why it is so tragic that the majority of Mr. STENHOLM. Mr. Chairman, I tleman from Michigan. this House and the White House co- rise in strong opposition to this amend- I thought this was a good debate. I operated in putting together a tax ment tonight, and I am deeply troubled think it is a debate that is most impor- package that was so large that it took by some of the rhetoric that I have tant to the American people and we away virtually every dollar left in the heard from some of my colleagues will continue it on. surpluses that could have been used to criticizing the commission report for I agree with the gentleman from Ari- strengthen Social Security long term, highlighting the fiscal challenges fac- zona (Mr. KOLBE) that those of us who so that the tweaking that is going to ing the system and suggesting that re- have a problem have responsibility for be required in Social Security would form is not necessary. If we listen care- solutions, and that will come in the have to be less than it now will have to fully, we will find many of my col- later debates. So I thank all for the be if we follow the misguided and mis- leagues have suggested reform, but high level of this debate. begotten tax policies that this Con- they have a preconceived notion of Mr. OBEY. Mr. Chairman, I move to gress recently imposed. what is going to be voted on ultimately strike the last word. So I make no apology for voting for on this House floor. Mr. Chairman, I did not bring this this amendment, and I make no apol- Now, I began to get very involved in amendment before us tonight, but as ogy for saying I have no confidence in Social Security reform about 6 years long as it is here, I am going to vote the membership of that commission as ago when the first of our two for it, because I do believe that the So- presently constituted. It is a stacked grandsons, Cindy’s and mine, were cial Security commission staff report deck, and it is a stacked deck full of born. Cole will be celebrating his sixth issued last week is a cynical effort to jokers. birthday this month; Chase will be trash Social Security and undercut its Mr. ISTOOK. Mr. Chairman, I yield celebrating his fourth birthday. And I public support in order to pave the way such time as he may consume to the resolved at that time that I did not for cutting Social Security’s guaran- gentleman from Colorado (Mr. want them, my two grandsons, to look teed benefits and turn much of the pro- TANCREDO). back 67 years from their birth and say gram over to Wall Street. And I do Mr. TANCREDO. Mr. Chairman, I if only my granddad would have done most certainly believe that that com- wish to engage in a very brief colloquy what in his heart he knew he should mission is a stacked deck. Every single with the gentleman from Oklahoma have done when he was in the Congress, Democrat appointed to that commis- (Mr. ISTOOK) related to the fifth proviso we would not be in the trouble we are sion was appointed by the President. under the heading ‘‘Office of Manage- in today. And the last time I looked, their views ment and Budget.’’ Take a look at the commission re- do not represent very many Democrats It is my understanding that this pro- port, the interim commission report. I when it comes to the issue of Social Se- viso would prohibit the use of funds for want my colleagues to see if they real- curity. the purpose of OMB calculating, pre- ly disagree with the numbers the gen- In my view, Social Security is the paring or approving tabular or other tleman from Florida did an excellent single best domestic program ever material that proposes the suballoca- job of outlining. Everyone knows in passed by this Congress, perhaps with tion of a budget authority or outlays this body that beginning in 2016 we are the exception of the Civil Rights Act, by the Committee on Appropriations. going to have a difficult time funding and certainly Medicare is the next best Is this the correct understanding of the benefits. It can be done, but it is after that. Obviously, we will need this provision? going to take some reform. changes in the future, just as it has Mr. ISTOOK. Mr. Chairman, will the Listen carefully to the discussion to- needed changes in the past in order to gentleman yield? night. Most of the responsible rhetoric keep up with the times and remain sol- Mr. TANCREDO. I yield to the gen- tonight has suggested that there needs vent. But this report, in my view, is tleman from Oklahoma. to be a correction, there needs to be simply a scheme to frighten Americans Mr. ISTOOK. Mr. Chairman, I am some corrective measures taken, but into believing that we have to trash pleased to enter into a dialogue with they just do not like what they believe Social Security in order to save it. It is the gentleman regarding this and is going to be forthcoming. Well, be put forth by a commission that has al- would advise him that his under- careful about that, because there are ready made up its mind to cut long- standing of the provision is correct. some other ideas that will be circu- term benefits, and it ought to be recog- Mr. TANCREDO. Reclaiming my lating. nized for what it is. And there is noth- time, Mr. Chairman, would the gen- Please be careful when talking about ing wrong with being frank about that tleman be amenable to reviewing the a stacked deck. Do my colleagues real- on the House floor. I have minimum need for revision during the conference ly believe that Senator Pat Moynihan high regard at best for that commis- deliberations on this bill? is going to be part of a stacked deck sion’s makeup as well as its intended Mr. ISTOOK. If the gentleman will that is going to do something that is recommendations. continue to yield, I would certainly going to be harmful to the elderly of I would also say I do not know why agree to review this provision during this country? Do my colleagues really we should be surprised that the Social the conference deliberations, and I ap- believe that? If my colleagues really Security System, beginning in a few preciate the interest of the gentleman believe that, then they are perfectly years, will pay out more than it takes from Colorado and his patience and un- willing to come to this floor and say in for a number of years. It was de- derstanding that some things, of so, but I am not. I am not. signed to do that. Mr. Greenspan and course, cannot be resolved until we Take a look at the numbers. Look at the bipartisan group that made up the come to conference with the Senate. the numbers and, for Heaven’s sake, do original commission in 1973 specifically Mr. Chairman, I yield myself such not be as critical of something that has designed it so that we would accumu- time as I may consume in closing, and not yet happened as some are being to- late notes over a period of years and I want to echo the comments of the night and recognize that we do need to beginning in that year we would begin gentleman from California (Mr. FIL- move forward in a responsible way and to pay down the assets that had been NER) regarding his appreciation for the in a bipartisan way. built up. That is the way it is supposed constructive comments that were made Mr. ISTOOK. Mr. Chairman, I yield 15 to work. And for the commission staff during the course of this debate. seconds to the gentleman from Cali- or its membership, be they Democrat fornia (Mr. FILNER), and just advise the or Republican, to suggest that that b 2000 Chair that I will have no further debate means the system is in mortal trouble Social Security is an extremely im- on this. However, I do have, on an unre- is goomwah. And I think people know portant issue to all of us.

VerDate 25-JUL-2001 05:05 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.197 pfrm01 PsN: H25PT1 H4620 CONGRESSIONAL RECORD — HOUSE July 25, 2001 Mr. Chairman, in opposing the the bill as we move towards its final Camp Hastings (FL) Meeks (NY) Cannon Hastings (WA) Menendez amendment that was offered, I think it passage. Cantor Hayes Mica is necessary that everyone understand Mr. Chairman, I yield back the bal- Capito Hayworth Millender- that when we are trying to find a solu- ance of my time. Capps Hefley McDonald tion to a very challenging cir- The CHAIRMAN. The question is on Capuano Herger Miller (FL) Cardin Hill Miller, Gary cumstance, we do not find that solu- the amendment offered by the gen- Carson (IN) Hilliard Miller, George tion by saying before we look for a so- tleman from California (Mr. FILNER). Carson (OK) Hinojosa Mink lution, we have got to put on the blind- The question was taken; and the Castle Hobson Mollohan folds, put on the handcuffs, and put in Chairman announced that the noes ap- Chabot Hoeffel Moore Clay Hoekstra Moran (KS) the ear plugs. If my colleagues do that, peared to have it. Clayton Holden Moran (VA) they are going to be restricted from Mr. FILNER. Mr. Chairman, I de- Clement Holt Morella the start in what they can do. If my mand a recorded vote, and pending Clyburn Honda Murtha colleagues do that, they are not likely Combest Hooley Myrick that, I make the point of order that a Condit Horn Nadler to find something that will resolve the quorum is not present. Conyers Hostettler Napolitano problem; and the problem is very real. The CHAIRMAN. Pursuant to clause Cooksey Houghton Neal As the gentleman from Florida (Mr. 6 of rule XVIII, further proceedings on Costello Hoyer Nethercutt SHAW) pointed out, it was officials dur- Cox Hulshof Northup the amendment offered by the gen- Coyne Hunter Nussle ing the former administration, the Sec- tleman from California (Mr. FILNER) Cramer Hutchinson Oberstar retary of Treasury and HHS and so will be postponed. Crane Hyde Obey forth, who made a very compelling case The point of no quorum is considered Crenshaw Inslee Olver Crowley Isakson Ortiz for the major significance of the prob- withdrawn. Cubin Israel Osborne lem and the need to address it. SEQUENTIAL VOTES POSTPONED IN COMMITTEE Culberson Issa Ose We cannot address it in a satisfac- OF THE WHOLE Cummings Istook Owens Cunningham Jackson (IL) Oxley tory way if we say solutions are going The CHAIRMAN. Pursuant to clause to be taken off the table before we even Davis (CA) Jackson-Lee Pallone 6 of rule XVIII, proceedings will now Davis (FL) (TX) Pascrell consider them, including solutions put resume on those amendments on which Davis (IL) Jefferson Pastor forth by one of the leading Democrats, further proceedings were postponed in Davis, Jo Ann Jenkins Payne Senator Moynihan, formerly the Sen- Davis, Tom John Pelosi the following order: the amendment of- Deal Johnson (CT) Pence ator from New York. fered by the gentleman from Ohio (Mr. DeFazio Johnson (IL) Peterson (MN) I think we have to understand many TRAFICANT) and the amendment offered DeGette Johnson, E. B. Peterson (PA) people want very different solutions. by the gentleman from California (Mr. Delahunt Johnson, Sam Petri Sometimes that differs a great deal DeLauro Jones (OH) Phelps FILNER). with age. When talking to somebody DeLay Kanjorski Pickering The Chair will reduce to 5 minutes DeMint Kaptur Pitts who has already retired or who is about the time for any electronic vote after Deutsch Keller Platts Kelly Pombo to retire, they want to make sure that the first vote in this series. Diaz-Balart they have everything that has been Dicks Kennedy (MN) Pomeroy promised to them and it is not in jeop- AMENDMENT OFFERED BY MR. TRAFICANT Dingell Kennedy (RI) Portman The CHAIRMAN. The pending busi- Doggett Kerns Price (NC) ardy. I do not think that any Member Dooley Kildee Pryce (OH) of this body would want to place the ness is the demand for a recorded vote Doolittle Kilpatrick Putnam benefits of anyone in jeopardy. I think on the amendment offered by the gen- Doyle Kind (WI) Quinn tleman from Ohio (Mr. TRAFICANT) on Dreier King (NY) Radanovich we all want to make sure that every- Dunn Kingston Rahall body receives what has been promised which further proceedings were post- Edwards Kirk Ramstad to them. poned and on which the noes prevailed Ehlers Kleczka Rangel But at the same time, there are a sig- by voice vote. Ehrlich Knollenberg Regula The Clerk will designate the amend- Emerson Kolbe Rehberg nificant number of Americans who say, Engel Kucinich Reyes I want to control more of my own des- ment. English LaFalce Reynolds tiny. For so many years, I put so much The Clerk designated the amend- Eshoo LaHood Riley ment. Etheridge Lampson Rivers into Social Security and I am not sat- Evans Langevin Rodriguez isfied, either with the rate of return or RECORDED VOTE Everett Lantos Roemer what they deem to be the level of secu- The CHAIRMAN. A recorded vote has Farr Largent Rogers (KY) rity. And they want to control more of been demanded. Fattah Larsen (WA) Rogers (MI) Ferguson Larson (CT) Rohrabacher their destiny, just as those who partici- A recorded vote was ordered. Filner Latham Ros-Lehtinen pate as Federal employees in the Thrift The vote was taken by electronic de- Flake Leach Ross Savings Plan and the 401(k) plan have vice, and there were—ayes 24, noes 401, Fletcher Lee Rothman Foley Levin Roukema different options from which to choose. not voting 8, as follows: Forbes Lewis (CA) Roybal-Allard It is perfectly possible that we may es- [Roll No. 272] Ford Lewis (GA) Rush tablish an opportunity for people to AYES—24 Fossella Lewis (KY) Ryan (WI) choose whether they want to continue Frank Linder Ryun (KS) Baker Hansen Paul Frelinghuysen LoBiondo Sabo in exactly the same thing they have Bilirakis Hilleary Royce Frost Lofgren Sanchez now, or they want to have some Chambliss Hinchey Schaffer Gallegly Lowey Sanders choices, but without enabling either Coble Jones (NC) Sessions Ganske Lucas (KY) Sandlin Collins LaTourette Tancredo Gekas Lucas (OK) Sawyer one to impose their choice on the Duncan Ney Traficant Gephardt Luther Saxton other. Gibbons Norwood Watson (CA) Gilchrest Maloney (CT) Schakowsky If we adopt this amendment, we are Hall (TX) Otter Young (AK) Gillmor Maloney (NY) Schiff foreclosing opportunities to be flexible. Gilman Manzullo Schrock NOES—401 Gonzalez Markey Scott We are foreclosing opportunities for Abercrombie Barton Bono Goode Mascara Sensenbrenner Americans to have a greater level of Ackerman Bass Borski Goodlatte Matheson Serrano choice in this crucially important deci- Aderholt Becerra Boswell Gordon Matsui Shadegg sion in influencing their retirement. I Akin Bentsen Boucher Goss McCarthy (MO) Shaw Allen Bereuter Boyd Graham McCarthy (NY) Shays believe this amendment should be de- Andrews Berkley Brady (PA) Granger McCollum Sherman feated, but I believe the debate has Armey Berman Brady (TX) Graves McCrery Sherwood been very healthy. Baca Berry Brown (FL) Green (TX) McDermott Shimkus Baird Biggert Brown (OH) Green (WI) McHugh Shows Mr. Chairman, this is the final mat- Baldacci Bishop Brown (SC) Greenwood McInnis Shuster ter of debate. We will be voting on the Baldwin Blagojevich Bryant Grucci McIntyre Simmons amendments held back, and then move Ballenger Blunt Burr Gutierrez McKeon Simpson on to final passage. I urge my col- Barcia Boehlert Burton Gutknecht McKinney Skeen Barr Boehner Buyer Hall (OH) McNulty Skelton leagues to vote against this amend- Barrett Bonilla Callahan Harman Meehan Slaughter ment; but certainly to vote in favor of Bartlett Bonior Calvert Hart Meek (FL) Smith (MI)

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.201 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4621 Smith (NJ) Thomas Wamp Cummings Kildee Payne McHugh Regula Stenholm Smith (TX) Thompson (CA) Waters Davis (CA) Kilpatrick Pelosi McInnis Rehberg Stump Smith (WA) Thompson (MS) Watt (NC) Davis (FL) Kleczka Phelps McKeon Reynolds Sununu Solis Thornberry Watts (OK) Davis (IL) Kucinich Pomeroy Mica Riley Sweeney Souder Thune Waxman DeFazio LaFalce Price (NC) Miller (FL) Roemer Tancredo Spratt Thurman Weiner DeGette Lampson Rahall Miller, Gary Rogers (KY) Tanner Stark Tiahrt Weldon (FL) Delahunt Langevin Rangel Moore Rogers (MI) Tauzin Stearns Tiberi Weldon (PA) DeLauro Lantos Reyes Moran (KS) Rohrabacher Taylor (MS) Stenholm Tierney Weller Deutsch Larsen (WA) Rivers Moran (VA) Ros-Lehtinen Taylor (NC) Strickland Toomey Wexler Dicks Larson (CT) Rodriguez Morella Roukema Terry Stump Towns Whitfield Dingell Lee Ross Myrick Royce Thomas Stupak Turner Wicker Doggett Levin Rothman Nethercutt Ryan (WI) Thornberry Sununu Udall (CO) Wilson Doyle Lewis (GA) Roybal-Allard Ney Ryun (KS) Thune Sweeney Udall (NM) Wolf Edwards Lofgren Rush Northup Saxton Tiahrt Tanner Upton Woolsey Engel Lowey Sabo Norwood Schaffer Tiberi Tauscher Velazquez Wu Eshoo Lucas (KY) Sanchez Nussle Schiff Toomey Tauzin Visclosky Wynn Etheridge Luther Sanders Osborne Schrock Traficant Taylor (MS) Vitter Young (FL) Evans Maloney (CT) Sandlin Ose Sensenbrenner Upton Taylor (NC) Walden Farr Maloney (NY) Sawyer Otter Sessions Vitter Terry Walsh Fattah Markey Schakowsky Oxley Shadegg Walden Filner Mascara Scott Paul Shaw Walsh NOT VOTING—8 Ford Matheson Serrano Pence Shays Wamp Bachus McGovern Spence Frank Matsui Sherman Peterson (MN) Sherwood Watkins (OK) Blumenauer Scarborough Watkins (OK) Frost McCarthy (MO) Shows Peterson (PA) Shimkus Watts (OK) Lipinski Snyder Gephardt McCarthy (NY) Slaughter Petri Shuster Weldon (FL) Gonzalez McCollum Solis Pickering Simmons Weldon (PA) Gordon McDermott Spratt Pitts Simpson Weller b 2031 Green (TX) McGovern Stark Platts Skeen Whitfield Messrs. BROWN of Ohio, ROEMER, Gutierrez McIntyre Strickland Pombo Skelton Wicker Hall (OH) McKinney Stupak Portman Smith (MI) Wilson LANGEVIN, HEFLEY, WAMP, BRADY Harman McNulty Tauscher Pryce (OH) Smith (NJ) Wolf of Texas, LEWIS of Kentucky, Hastings (FL) Meehan Thompson (CA) Putnam Smith (TX) Young (AK) HAYWORTH, SHIMKUS, PALLONE, Hilliard Meek (FL) Thompson (MS) Quinn Smith (WA) Young (FL) Hinchey Meeks (NY) Thurman Radanovich Souder WEINER, FOSSELLA, SKEEN and Hinojosa Menendez Tierney Ramstad Stearns GREEN of Texas, Ms. KILPATRICK, Towns Hoeffel Millender- NOT VOTING—7 Ms. MCCOLLUM and Ms. RIVERS Holden McDonald Turner changed their vote from ‘‘aye’’ to ‘‘no.’’ Holt Miller, George Udall (CO) Bachus Lipinski Spence Honda Mink Udall (NM) Blumenauer Scarborough Mr. CHAMBLISS and Mr. HILLEARY Hooley Mollohan Velazquez Knollenberg Snyder changed their vote from ‘‘no’’ to ‘‘aye.’’ Hoyer Murtha Visclosky b 2039 So the amendment was rejected. Inslee Nadler Waters Israel Napolitano Watson (CA) Mr. HILLIARD changed his vote from The result of the vote was announced Jackson (IL) Neal Watt (NC) as above recorded. Jackson-Lee Oberstar Waxman ‘‘no’’ to ‘‘aye.’’ Weiner So the amendment was rejected. ANNOUNCEMENT BY THE CHAIRMAN (TX) Obey Jefferson Olver Wexler The result of the vote was announced The CHAIRMAN. Pursuant to clause Johnson, E. B. Ortiz Woolsey as above recorded. 6 of rule XVIII, the Chair announces Jones (OH) Owens Wu The CHAIRMAN. The Clerk will read that it will reduce to a minimum of 5 Kanjorski Pallone Wynn Kaptur Pascrell the final lines of the bill. minutes the period of time within Kennedy (RI) Pastor The Clerk read as follows: which a vote by electronic device will This Act may be cited as the ‘‘Treasury be taken on the additional amendment NOES—238 and General Government Appropriations Act, 2002’’. on which the Chair has postponed fur- Aderholt Cunningham Hayes ther proceedings. Akin Davis, Jo Ann Hayworth The CHAIRMAN. There being no Allen Davis, Tom Hefley AMENDMENT OFFERED BY FILNER other amendments, under the rule, the Armey Deal Herger Committee rises. The CHAIRMAN. The pending busi- Baker DeLay Hill Accordingly, the Committee rose; ness is the demand for a recorded vote Ballenger DeMint Hilleary Barr Diaz-Balart Hobson and the Speaker pro tempore (Mr. on the amendment offered by the gen- Bartlett Dooley Hoekstra SIMPSON) having assumed the chair, tleman from California (Mr. FILNER) on Barton Doolittle Horn Mr. DREIER, Chairman of the Com- which further proceedings were post- Bass Dreier Hostettler mittee of the Whole House on the State poned and on which the noes prevailed Bereuter Duncan Houghton Berry Dunn Hulshof of the Union, reported that that Com- by voice vote. Biggert Ehlers Hunter mittee, having had under consideration The Clerk will designate the amend- Bilirakis Ehrlich Hutchinson the bill (H.R. 2590) making appropria- ment. Blunt Emerson Hyde Boehlert English Isakson tions for the Treasury Department, the The Clerk designated the amend- Boehner Everett Issa United States Postal Service, the Exec- ment. Bonilla Ferguson Istook utive Office of the President, and cer- RECORDED VOTE Bono Flake Jenkins Boyd Fletcher John tain Independent Agencies, for the fis- The CHAIRMAN. A recorded vote has Brady (TX) Foley Johnson (CT) cal year ending September 30, 2002, and been demanded. Brown (SC) Forbes Johnson (IL) for other purposes, pursuant to House A recorded vote was ordered. Bryant Fossella Johnson, Sam Burr Frelinghuysen Jones (NC) Resolution 206, he reported the bill, as The CHAIRMAN. This will be a 5- Burton Gallegly Keller amended pursuant to that rule, back to minute vote. Buyer Ganske Kelly the House with further sundry amend- The vote was taken by electronic de- Callahan Gekas Kennedy (MN) ments adopted by the Committee of the vice, and there were—ayes 188, noes 238, Calvert Gibbons Kerns Camp Gilchrest Kind (WI) Whole. not voting 7, as follows: Cannon Gillmor King (NY) The SPEAKER pro tempore. Under [Roll No. 273] Cantor Gilman Kingston the rule, the previous question is or- Capito Goode Kirk AYES—188 Castle Goodlatte Kolbe dered. Abercrombie Berman Cardin Chabot Goss LaHood Is a separate vote demanded on any Ackerman Bishop Carson (IN) Chambliss Graham Largent amendment? If not, the Chair will put Andrews Blagojevich Carson (OK) Coble Granger Latham them en gros. Baca Bonior Clay Collins Graves LaTourette The amendments were agreed to. Baird Borski Clayton Combest Green (WI) Leach Baldacci Boswell Clement Cooksey Greenwood Lewis (CA) The SPEAKER pro tempore. The Baldwin Boucher Clyburn Cox Grucci Lewis (KY) question is on engrossment and third Barcia Brady (PA) Condit Cramer Gutknecht Linder reading of the bill. Barrett Brown (FL) Conyers Crane Hall (TX) LoBiondo The bill was ordered to be engrossed Becerra Brown (OH) Costello Crenshaw Hansen Lucas (OK) Bentsen Capps Coyne Cubin Hart Manzullo and read a third time, and was read the Berkley Capuano Crowley Culberson Hastings (WA) McCrery third time.

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.048 pfrm01 PsN: H25PT1 H4622 CONGRESSIONAL RECORD — HOUSE July 25, 2001 The SPEAKER pro tempore. The Rivers Simpson Tierney A motion to reconsider was laid on Rodriguez Skeen Towns question is on the passage of the bill. Roemer Skelton Traficant the table. Under clause 10 of rule XX, the yeas Rogers (KY) Slaughter Velazquez f and nays are ordered. Rogers (MI) Smith (TX) Visclosky The vote was taken by electronic de- Ros-Lehtinen Solis Vitter ANNOUNCEMENT BY THE SPEAKER Rothman Souder Walsh PRO TEMPORE vice, and there were—yeas 334, nays 94, Roukema Spratt Wamp not voting 5, as follows: Roybal-Allard Stark Waters The SPEAKER pro tempore (Mr. Rush Stenholm Watkins (OK) SIMPSON). The Chair would announce [Roll No. 274] Ryan (WI) Stump Watson (CA) that further proceedings on the motion YEAS—334 Sabo Stupak Watt (NC) Sanchez Sununu Watts (OK) to suspend the rules and pass H.R. 1954, Abercrombie Engel Lampson Sanders Sweeney Waxman as amended, originally postponed on Ackerman English Lantos Sawyer Tanner Weiner Aderholt Eshoo Largent Saxton Tauscher Weldon (PA) Tuesday, July 24, 2001, will resume to- Akin Everett Larson (CT) Schakowsky Tauzin Weller morrow. Allen Farr Latham Schrock Taylor (NC) Whitfield Armey Fattah LaTourette Scott Terry Wicker f Baca Ferguson Leach Serrano Thomas Wilson PERSONAL EXPLANATION Bachus Filner Lee Shaw Thompson (CA) Wolf Baird Flake Levin Sherman Thompson (MS) Woolsey Ms. DELAURO. Mr. Speaker, I regret Baldacci Fletcher Lewis (CA) Sherwood Thornberry Wynn to report that on July 19 I inadvert- Ballenger Foley Lewis (GA) Shuster Tiahrt Young (AK) Barton Forbes Lewis (KY) Simmons Tiberi Young (FL) ently voted the wrong way during roll- Bass Ford Linder call number 255 on House Joint Resolu- Becerra Fossella LoBiondo NAYS—94 Bentsen Frank Lofgren tion 50, Disapproval of Normal Trade Andrews Herger Ross Relations for China. Bereuter Frelinghuysen Lowey Baker Hill Royce Berman Frost Lucas (OK) Baldwin Hilleary Ryun (KS) I mistakenly recorded my vote as no. Biggert Gallegly Maloney (CT) Barcia Hoekstra Sandlin My vote should have been an aye for Bilirakis Ganske Manzullo Barr Hostettler Schaffer disapproval. Bishop Gekas Markey Barrett Inslee Schiff Blagojevich Gephardt Mascara Bartlett Israel Sensenbrenner f Blunt Gibbons Matsui Berkley Johnson (IL) Sessions Boehlert Gilchrest McCarthy (MO) Berry Jones (NC) Shadegg CHINA NORMAL TRADE Boehner Gillmor McCarthy (NY) Boswell Kerns Shays RELATIONS Bonilla Gilman McCollum Brown (OH) Kildee Shimkus Bonior Gonzalez McCrery Carson (OK) Kind (WI) Shows (Ms. DELAURO asked and was given Bono Gordon McDermott Chabot Kucinich Smith (MI) Borski Goss McGovern permission to address the House for 1 Coble Langevin Smith (NJ) minute and to revise and extend her re- Boucher Graham McHugh Conyers Larsen (WA) Smith (WA) Boyd Granger McIntyre Costello Lucas (KY) Stearns marks.) Brady (PA) Graves McKeon Cox Luther Strickland Ms. DELAURO. Mr. Speaker, I want Brady (TX) Green (TX) McKinney Crane Maloney (NY) Tancredo to build a strong relationship between Brown (FL) Greenwood McNulty Crenshaw Matheson Taylor (MS) Brown (SC) Grucci Meehan Davis (CA) McInnis Thune the United States and China, but the Bryant Gutierrez Meek (FL) DeFazio Menendez Thurman normal trade relations China enjoys Burr Gutknecht Meeks (NY) Deutsch Moran (KS) Toomey Burton Hall (OH) Mica with the United States have done little Diaz-Balart Paul Turner to build a strong and mutually bene- Buyer Hansen Millender- Duncan Peterson (MN) Udall (CO) Callahan Harman McDonald Etheridge Petri Udall (NM) ficial relationship between our two na- Calvert Hart Miller (FL) Evans Phelps Upton tions. It promotes few of our values or Camp Hastings (FL) Miller, Gary Goode Pickering Walden of our economic interests. China has Cannon Hastings (WA) Miller, George Goodlatte Pitts Weldon (FL) Cantor Hayes Mink Green (WI) Pomeroy Wexler engaged in unfair trade practices, pi- Capito Hilliard Mollohan Hall (TX) Putnam Wu rated intellectual property, spread Capps Hinchey Moore Hayworth Ramstad weapons and dangerous technology to Capuano Hinojosa Moran (VA) Hefley Rohrabacher Cardin Hobson Morella rogue nations, suppressed democracy, Carson (IN) Hoeffel Murtha NOT VOTING—5 denied its citizens religious freedom, Castle Holden Myrick Blumenauer Scarborough Spence and engaged in human rights abuses. Chambliss Holt Nadler Lipinski Snyder Clay Honda Napolitano In so doing, China has gladly prof- Clayton Hooley Neal b 2057 ited. Our trade deficit with China has Clement Horn Nethercutt mushroomed from $17.8 billion in 1999 Clyburn Houghton Ney Mr. TURNER changed his vote from to over $100 billion in 2000. Collins Hoyer Northup ‘‘yea’’ to ‘‘nay.’’ The United States should use our Combest Hulshof Norwood Mr. HOLT changed his vote from Condit Hunter Nussle trade laws with China to pressure for ‘‘nay’’ to ‘‘yea.’’ Cooksey Hutchinson Oberstar greater access for American companies Coyne Hyde Obey So the bill was passed. and goods. I oppose NTR for China be- Cramer Isakson Olver The result of the vote was announced Crowley Issa Ortiz cause we need to let China know that as above recorded. Cubin Istook Osborne more of the same is not acceptable. It A motion to reconsider was laid on Culberson Jackson (IL) Ose is vital that we insist on fair and equal Cummings Jackson-Lee Otter the table. Cunningham (TX) Owens standards in compliance with all as- Davis (FL) Jefferson Oxley f pects of our trade laws. Until this hap- Davis (IL) Jenkins Pallone ELECTION OF MEMBER TO pens, I cannot support NTR. Davis, Jo Ann John Pascrell Davis, Tom Johnson (CT) Pastor COMMITTEE ON ARMED SERVICES f Deal Johnson, E. B. Payne Mr. FROST. Mr. Speaker, by direc- DeGette Johnson, Sam Pelosi MAKING IN ORDER ON JULY 25, tion of the Democratic Caucus, I offer Delahunt Jones (OH) Pence 2001, OR ANY DAY THEREAFTER, DeLauro Kanjorski Peterson (PA) a privileged resolution (H. Res. 207) and CONSIDERATION OF H.J. RES. 55, DeLay Kaptur Platts ask for its immediate consideration. DeMint Keller Pombo DISAPPROVING EXTENSION OF The Clerk read the resolution, as fol- Dicks Kelly Portman WAIVER AUTHORITY CONTAINED lows: Dingell Kennedy (MN) Price (NC) IN SECTION 402(c) OF TRADE ACT Doggett Kennedy (RI) Pryce (OH) H. RES. 207 Dooley Kilpatrick Quinn OF 1974 WITH RESPECT TO VIET- Doolittle King (NY) Radanovich Resolved, That the following named Mem- NAM Doyle Kingston Rahall ber be, and is hereby, elected to the fol- Dreier Kirk Rangel lowing standing committee of the House of Mr. GOSS. Mr. Speaker, I ask unani- Dunn Kleczka Regula Representatives: mous consent that it be in order at any Edwards Knollenberg Rehberg Committee on Armed Services: Mr. Larsen time on July 25, 2001, or any day there- Ehlers Kolbe Reyes of Washington. Ehrlich LaFalce Reynolds after to consider in the House the joint Emerson LaHood Riley The resolution was agreed to. resolution, House Joint Resolution 55,

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.208 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4623 disapproving the extension of the waiv- is in direct defiance of numerous U.N. Cem and Greece’s George Pappandreou, er authority contained in section 402(c) resolutions and has been a major and this is a very positive sign. More of the Trade Act of 1974 with respect to source of instability in the eastern has been achieved in a year than what Vietnam; that the joint resolution be Mediterranean. has been achieved in the past 40 years, considered as read for amendment; that Recent events have created an at- but this cooperation needs to extend to all points of order against the joint res- mosphere where there is now no valid the resolution of the Cyprus occupa- olution and against its consideration excuse to avoid resolving this long- tion. be waived; that the joint resolution be standing problem. While the U.S., the EU, Greece, and debatable for 1 hour equally divided Peace in this region cannot happen Cyprus have all acted to accommodate and controlled by the chairman of the without continued and sustained U.S. Turkish concerns, it remains to be seen Committee of Ways and Means (in op- leadership, which is why I am heart- whether Turkey will put pressure on position to the joint resolution) and a ened that President Bush, like his Rauf Denktash to bargain in good Member in support of the joint resolu- predecessor, President Clinton, is com- faith. Make no mistake about it, if tion; that pursuant to sections 152 and mitted to working for reunification of Turkey wants the Cyprus problem re- 153 of the Trade Act of 1974, the pre- Cyprus. solved, it will not let Denktash stand vious question be considered as ordered He recently stated, and I quote, ‘‘I in its way. on the joint resolution to final passage want you to know that the United Now is the time for a solution. It will without intervening motion; and that States stands ready to help Greece and take diligent work by both sides, but the provisions of sections 152 and 153 of Turkey as they work to improve their with U.S. support and leadership I am relations. I’m also committed to a just the Trade Act of 1974 shall not other- hopeful that we will reach a peaceful and lasting settlement of the Cyprus wise apply to any joint resolution dis- and fair solution soon. dispute.’’ approving the extension of the waiver Twenty-seven years is too long to I was also encouraged to read last have a country divided. It is too long authority contained in section 402(c) of week that the European Union con- the Trade Act of 1974 with respect to to be kept from your home. It is too siders the status quo in Cyprus unac- long to be separated from your family. Vietnam for the remainder the first ceptable and has called on the Turkish session of the 107th Congress. We have seen many tremendous Cypriot side to resume the U.N.-led changes around the world. The Berlin The SPEAKER pro tempore. Is there peace process as soon as possible with a objection to the request of the gen- Wall came down. There are steps to- view toward finding a comprehensive wards peace in Ireland. It is now time tleman from Florida? settlement. There was no objection. to add Cyprus to the list of places Now is the time for a solution. More where peace and freedom have tri- f than 20 years ago, in 1977, in 1979, the umphed. SPECIAL ORDERS leaders of the Greek and Turkish Cyp- riot communities reached two high- f The SPEAKER pro tempore. Under level agreements which provided for The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- the establishment of a bicommunal, bi- previous order of the House, the gen- uary 3, 2001, and under a previous order zonal federation. tleman from Florida (Mr. BILIRAKIS) is of the House, the following Members Even though these agreements were recognized for 5 minutes. will be recognized for 5 minutes each. endorsed by the U.N. Security Council, (Mr. BILIRAKIS addressed the f there has been no action on the Turk- House. His remarks will appear here- after in the Extensions of Remarks.) The SPEAKER pro tempore. Under a ish side to fill in the details and reach previous order of the House, the gen- a final agreement. Instead, for the last f tleman from California (Mr. HORN) is 27 years, there has been a Turkish Cyp- The SPEAKER pro tempore. Under a recognized for 5 minutes. riot leader presiding over a regime rec- previous order of the House, the gen- (Mr. HORN addressed the House. His ognized only by Turkey and condemned tleman from Oregon (Mr. DEFAZIO) is remarks will appear hereafter in the as ‘‘legally invalid’’ by the U.N. Secu- recognized for 5 minutes. Extensions of Remarks.) rity Council in Resolution 541 and 550. (Mr. DEFAZIO addressed the House. Cyprus has been divided by the green His remarks will appear hereafter in f line, a 113-mile barbed wire fence that the Extension of Remarks.) The SPEAKER pro tempore. Under a runs across the island, and Greek Cyp- previous order of the House, the gen- f riots are prohibited from visiting the The SPEAKER pro tempore. Under a tleman from Florida (Mr. DEUTSCH) is towns and communities where their recognized for 5 minutes. previous order of the House, the gen- families have lived for generations. tleman from Illinois (Mr. KIRK) is rec- (Mr. DEUTSCH addressed the House. With 35,000 Turkish troops illegally His remarks will appear hereafter in ognized for 5 minutes. stationed on the island, it is one of the (Mr. KIRK addressed the House. His the Extensions of Remarks.) most militarized areas in the world. remarks will appear hereafter in the f This situation has also meant the fi- Extensions of Remarks.) nancial decline of the once rich north- ON THE 27TH ANNIVERSARY OF f ern part of Cyprus to just one-quarter THE 1974 ILLEGAL TURKISH IN- The SPEAKER pro tempore. Under a of its former earnings. VASION OF CYPRUS previous order of the House, the gen- Perhaps the single most destructive tleman from Illinois (Mr. DAVIS) is rec- The SPEAKER pro tempore. Under a element of Turkey’s fiscal and foreign ognized for 5 minutes. previous order of the House, the gentle- policy is its nearly 27-year occupation (Mr. DAVIS of Illinois addressed the woman from New York (Mrs. MALONEY) of Cyprus. We now have an atmosphere House. His remarks will appear here- is recognized for 5 minutes. where there is no valid excuse for not after in the Extensions of Remarks.) Mrs. MALONEY of New York. Mr. resolving this long-standing problem. Speaker, it is my honor and privilege Cyprus is set for movement into the f to commemorate the 27th anniversary European Union in 2004. I am hopeful The SPEAKER pro tempore. Under a of the 1974 illegal Turkish invasion of that this reality will act as a catalyst previous order of the House, the gen- Cyprus. I have commemorated this day for a lasting solution of the Cyprus tleman from California (Mr. SCHIFF) is each year since I have become a Mem- challenge. EU membership for Cyprus recognized for 5 minutes. ber of Congress; and, unfortunately, will clearly provide important eco- (Mr. SCHIFF addressed the House. each year the occupation continues. nomic, political, and social benefits for His remarks will appear hereafter in The continued presence of Turkish all Cypriots, both Greek and Turkish the Extensions of Remarks.) troops represents a gross violation of alike. This is why both sides must re- f human rights and international law. turn to the negotiating table without The SPEAKER pro tempore. Under a Since their invasion of Cyprus in July any conditions. previous order of the House, the gen- of 1974, Turkish troops have continued There is also a new climate of co- tleman from Ohio (Mr. BROWN) is rec- to occupy 37 percent of the island. This operation between Turkey’s Ismail ognized for 5 minutes.

VerDate 25-JUL-2001 04:44 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.210 pfrm01 PsN: H25PT1 H4624 CONGRESSIONAL RECORD — HOUSE July 25, 2001 (Mr. BROWN of Ohio addressed the for us to get a significant return on tinuation of the Northeast Dairy Com- House. His remarks will appear here- that investment over the next many pact and allowing other regions of the after in the Extensions of Remarks.) years, an investment in knowledge of country to form their own compacts. f what is out beyond Earth’s surface; As a representative of a Congressional what we might be able to gain in District with a large dairy producing THE INTERNATIONAL SPACE STA- knowledge as we explore space that TION PROGRAM DESERVES OUR population, and as a strong advocate of could change our health, our lives, CONTINUED SUPPORT States’ rights, I implore my fellow knowledge-wise as far as why human Members to keep an open mind on the The SPEAKER pro tempore. Under a beings are here; or perhaps something complex interstate dairy compact previous order of the House, the gen- as simple as a solution to or a cure for issues. tleman from Texas (Mr. LAMPSON) is a particular illness. recognized for 5 minutes. Those are the things we have gotten I would like to read this thought-pro- Mr. LAMPSON. Mr. Speaker, I want- out of our space exploration for dec- voking editorial from the prestigious ed to come here this evening and talk ades, and it is interesting to note some dairy magazine from the heart of dairy to my colleagues for a few minutes statistics: that in the 1960s, during the country, Wisconsin. about the VA–HUD bill that is going to Apollo period, in the 1960s and 1970s, 4 ‘‘Editorial comment: Compact Divi- come up tomorrow and talk specifi- percent of our Nation’s budget went to siveness Could Damage Our Industry. cally about potential amendments that NASA, 4 percent. Today, that amount Hoard’s Dairyman. Fort Atkinson, Wis- are going to be made. is less than six-tenths of 1 percent. consin. July 2001. It is important for us to lend our sup- It is also interesting that some of ‘‘Dairy compacts, in the eyes of their port to the overall NASA budget and, these amendments that may be consid- proponents, help stabilize and boost specifically, manned space exploration ered tomorrow that will replace money dairy farmer incomes by flooring Class and those items that center around the from NASA, take money away from I prices. Opponents see compacts as an International Space Station. NASA and put it either into the VA or unconstitutional restraint of com- There has been an awful lot of talk in HUD parts of that bill, let us consider merce, a rip-off of consumers and proc- the last several weeks about potential what has happened to Housing and cuts in the International Space Station Urban Development, as an example. essors, and distortion of supply and de- because of the overruns that had been They have had an increase from $16 bil- mand. We see the compact ‘‘cup’’ as talked about for a long period of time. lion to $31 billion in the last several being half full rather than half empty. We are looking at building a facility years. The Veterans Administration That is why we support continuation that has never been built before and has had increases from $40 billion to $50 and extension of the compact concept. doing things that are absolutely new billion, a 25 percent increase only in We do so for the same reasons we work technology. The guesses in the expendi- the last 4 or 5 years. together to improve and stabilize their tures of what it was going to take to We want to support both of those. I incomes. create this facility have not always will be supporting them. Both have had ‘‘To us, compact pricing is of little been right; and, unfortunately, we are significant increases in this year’s ap- difference to the overorder Class I pre- facing more costs than what we origi- propriation. The NASA budget has miums negotiated across the country nally anticipated. stayed flat, at $14 billion, for the last by the dozen or more groups of dairy Something has to be done about that. many years. It is time for our commit- co-ops working together. Compacts are We hope we will find a way in our com- ment to space to be reiterated, to be different in that they are not vol- mittees to ask the tough questions of spoken of again in a way that we spoke untary. Rebel processors and producers the contractors and of NASA to make of it in the 1960s. cannot circumvent the system by un- sure that we get a better handle on I remember when President Kennedy dercutting established prices. And un- what is going to be spent in the future challenged our country to send a man like marketing federation boards, com- with regard to any space activity, to the moon and return him safely pact commissions represent consumers, whether it is manned or robotic. within a decade, and we did it. It processors, as well as producers. But, right now, we are making some changed the way we educated our chil- real serious decisions and potentially dren, it changed the way we did busi- ‘‘The Northeast Dairy Compact has bad decisions with regard to the Inter- ness. It brought huge returns to us. improved incomes for dairy farm fami- national Space Station. We are talking So, in wrapping this up, I ask my col- lies, without hurting milk consump- about taking parts of the International leagues to pay very much attention to tion or adding to price support costs. Space Station, such as the crew return the VA–HUD appropriation tomorrow There is even a provision for leaving vehicle, which allows a full crew of and to support NASA in every way food programs, such as Women, In- seven people to do the science nec- they can. fants, and Children programs, unaf- essary to get a return from our explo- fected by higher milk prices. Nor has f ration in space. the Northeast Compact contributed to If we stop the construction of the b 2115 lower Class III prices, as many in the crew return vehicle, then we will only The SPEAKER pro tempore. Under a upper Midwest contend. We see no rea- be able to accommodate three to six previous order of the House, the gentle- son to prevent dairy farmers in the people on the International Space Sta- woman from Florida (Ms. BROWN) is South or other regions from working tion. If we did six, a total of two Soyuz recognized for 5 minutes. together the same way. return vehicles, one commander for (Ms. BROWN of Florida addressed the ‘‘Our biggest fear about compacts is each vehicle, that would dramatically House. Her remarks will appear here- that the issue will further divide the reduce our ability to do the science after in the Extensions of Remarks.) industry that needs cohesion more that we have built the International f than ever. Unless cooler heads prevail, Space Station for in the first place. we will shoot ourselves in the foot over A lot has been done, and we have suc- COMPACT DIVISIVENESS COULD compacts just as we have on many ceeded in getting significant amounts DAMAGE DAIRY INDUSTRY other issues.’’ of monies put into the appropriations The SPEAKER pro tempore (Mr. bill, which will be considered tomorrow FERGUSON). Under a previous order of Mr. Speaker, it is a myth that upper in the VA–HUD and Independent Agen- the House, the gentleman from New Midwest farmers oppose dairy com- cies appropriation bill. York (Mr. SWEENEY) is recognized for 5 pacts. I urge my colleagues to pay at- Some of those amendments will be minutes. tention to the growing support from Space Station-killing amendments, so Mr. SWEENEY. Mr. Speaker, re- across the country for dairy compacts. I am here to ask my colleagues to give cently, the Fort Atkinson, Wisconsin- I look forward to working with my col- very serious consideration to anything based national dairy farm magazine, leagues on both sides of the aisle from that would stop this huge investment Hoard’s Dairyman, on its editorial all States to advance this important that we have made and the opportunity page, expressed its support for the con- legislation.

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.220 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4625 27TH ANNIVERSARY OF TURKISH well-known negotiation tactics. The to cut through the rhetoric, and I want INVASION OF CYPRUS Turkish side agrees to peace negotia- to get right to the meat. Because this The SPEAKER pro tempore. Under a tions on the Cyprus problem only for issue is so critical for us, we cannot af- previous order of the House, the gen- the purpose of undermining them once ford to let the substance be diluted by tleman from New Jersey (Mr. PALLONE) they begin and then blames the Greek the rhetoric. Again, do not let the sub- is recognized for 5 minutes. Cypriots for their failure. Once again, stance of missile defense for this coun- Mr. PALLONE. Mr. Speaker, tonight face-to-face negotiations that were try be diluted by rhetoric, because all I join my other colleague, the gentle- scheduled for January have never oc- of us lose. woman from New York (Mrs. curred because Turkish Cypriot leader I was at the World Forum in Vail, MALONEY), on the House floor to re- Rauf Denktash refuses to attend. Colorado 2 or 3 years ago. Vail is in my member a horrific act taken by Turkey Mr. Speaker, while the U.S. should do district out in Colorado. And the World against the citizens of Cyprus 27 years everything possible to restart the U.N. Forum, put on by President Gerald ago. negotiations, it should be made crystal Ford, was a fabulous thing. Leaders On July 20, 1974, the Nation of Tur- clear to the Turkish leadership and Mr. from all over the world came there. key violated international law when it Denktash that their unacceptable de- Margaret Thatcher spoke. And when brutally invaded the sovereign Repub- mand for recognition of a separate Margaret Thatcher spoke, you could al- lic of Cyprus. Following the Turkish state in order to return to the negoti- most hear a pin drop at this World invasion, 200,000 people were forcibly ating table are completely unaccept- Forum. She got up and said in response displaced from their homes and a large able. No effort should be made to ap- to a question on missile defense, she number of Cypriot people, who were pease the Turkish Cypriot leader in said to the leaders of the United States captured during the invasion, including order to return to the negotiating and to the leaders of the United King- five American citizens, are still miss- table. dom, you have an inherent responsi- ing today. And not only should Mr. Denktash bility. Now, remember, her whole sen- Earlier this year, the Turkish gov- return to the negotiating table, but he tence I am about to cite, her whole an- ernment was rebuked by the European should negotiate in good faith in order swer is maybe two or three sentences. Court of Human Rights when the court to reach a comprehensive settlement But her response was that you have an overwhelmingly found Turkey guilty of within the framework provided by the inherent responsibility to the people massive human rights violations over relevant United Nations Security that you represent to protect them, the last 27 years in a scathing 146-page Council’s Resolutions. These resolu- and failure to do so would be derelic- decision. In the case of Cyprus versus tions establish a bizonal, bicommunal tion of your duty. Now, that is a sum- Turkey, the court concluded Turkey federation with a single international mary of what she said. Failure to do so had not done enough to investigate the personality and sovereignty and a sin- would be dereliction of your duty. whereabouts of Greek-Cypriot missing gle citizenship. We have a known threat out there. persons who disappeared during life- Mr. Speaker, for 27 years now, the people We know there are missiles aimed at threatening situations after the occu- of Cyprus have been denied their independ- the United States of America. We know pation. that there are other countries, and not The court also found Turkey guilty ence and freedom because of a foreign ag- just what used to be the Soviet Union, of refusing to allow the return of any gressor. I urge all of my colleagues to join me which was the big threat in my genera- Greek-Cypriot displaced persons to in remembering what the Cypriot people have tion. their homes in Northern Cyprus. Fami- suffered and continue to suffer at the hands of When I was a young child I remember lies continue to be separated by the the Turks. I also urge my colleagues to join my mom and dad telling me, during the 113-mile barbed wire fence that runs me in pressuring the administration to focus Cuban missile crisis, that we were across the island. The court found this American efforts to move the peace process probably going to go to war in the next to be unacceptable. forward on the Turkish military, which has real Mr. Speaker, I was also troubled by and substantial influence on decision-making few hours. I remember the fallout shel- the court’s findings on the living condi- in the Turkish government. ters. And as I grew up, everything was tions of Greek Cypriots living in the f Russia; the Soviet Union, the Soviet Union is going to launch an attack. Karpas region of Northern Cyprus. MISSILE DEFENSE Residents in this region face strict re- And, of course, we in the mountains of strictions on access to religious wor- The SPEAKER pro tempore. Under Colorado were worried because we had ship, no access to appropriate sec- the Speaker’s announced policy of Jan- Cheyenne Mountain, the headquarters ondary schools for their children, and uary 3, 2001, the gentleman from Colo- for NORAD over in Colorado Springs. no security that their possessions will rado (Mr. MCINNIS) is recognized for 60 But has the threat subsided? The be passed on to their families after minutes as the designee of the major- threat has not subsided. I do not under- their death. ity leader. stand the reasoning of some of these By disregarding international law Mr. MCINNIS. Mr. Speaker, I look people who are trying to convince the and order, and by defying democratic forward to spending this evening talk- American people that the threat of a principles, Turkey has over the past 27 ing to my colleagues about an issue missile attack has subsided. In fact, I years remained an anachronistic hos- that I think is fundamentally impor- would venture to say that the threat of tage to the past rather than choosing tant to not only this generation in a missile attack has actually in- to look to the future with renewed vi- America but to every future generation creased, because we now have a mul- tality for cooperation and develop- in America, at least as far out as we titude of nations that have tested nu- ment. can see. It is also an issue that is abso- clear weapons. We know there are a Since the invasion, all efforts to- lutely critical for our friends and allies multitude of nations out there that wards finding a just, peaceful, and via- throughout the world. It is missile de- have missile technology. ble solution to the problem have been fense. We know, for example, that when the constantly met with intransigence and Now, I hope this evening to be joined Soviet Union was the Soviet Union the lack of political will by Turkey. by my colleague, the gentleman from they had very strict control over their The United States, which is trusted by Nebraska (Mr. OSBORNE), and the two weapons. Today, we do not know what all sides in this conflict, has the ability of us will go through missile defense kind of control they have over their to help move the peace process for- and talk a little about the necessity for weapons. We know that we have China ward. We must continue to support the it. that is attempting to build up its mili- United Nations’ framework for negotia- We have heard a lot of rhetoric here tary. And, frankly, I think China and tions between the Greek-Cypriot and in the last few weeks about how missile Russia, as it now is, are more manage- Turkish-Cypriot communities. But cur- defense is going to set off an arms race, able than say a North Korea or a Paki- rently peace negotiations are at a about how missile defense does not stan or an India or over in the Middle standstill. make any sense, about how missile de- East or some terrorist group. Over the years, I have become quite fense is not technologically feasible. And, God forbid, what if we had an familiar with the Turkish side’s of But tonight I want to go to the facts, accidental launch against the United

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.224 pfrm01 PsN: H25PT1 H4626 CONGRESSIONAL RECORD — HOUSE July 25, 2001 States of America? What if somebody b 2130 document, it has contained provisions did not want to destroy the United I am talking about defensive weap- of how to withdraw from that treaty. States, what if somebody just launched ons. I am not talking about firing a So any representation by anyone by accident a nuclear missile for New missile against another country, I am that the United States of America York City? How strong do my col- talking about defending the United through the Bush administration, leagues think their rhetoric would States of America. So my discussion which I commend for their leadership stand up the day after that missile hit, tonight is not as an aggressor. My dis- on this issue, any representation that or the minute after that missile hit, cussion this evening with you is as a withdrawal from this treaty is a break- after standing on this floor and saying defender. A defender of the territory of ing of the treaty is incorrect. The trea- that we should not have a missile de- the United States of America. And by ty itself contains provisions that allow fense; that a missile defense is going to the way, we should expand that as a de- withdrawal from the conditions of this start off an arms race; that we should fender of our allies in this world. treaty. not defend our people; we should stick For the purpose of this treaty, an Again to my left on this poster, this to an old treaty, a treaty that was ABM system is a system to counter is the article. This treaty shall be of drafted in 1972, 30 years ago. strategic ballistic missiles. Each party unlimited duration. Each party shall, How many of my colleagues are driv- undertakes not to develop, test or de- in exercising its national sovereignty, ing a 30-year-old car today? How many ploy a defensive system which is sea- have the right to withdraw from this people do that? How many of my col- based, air-based, space-based or mobile treaty. It is a right. It is a right we re- leagues are using 30-year-old tech- land-based. tain for ourselves. It is a right the So- nology in their offices? How many peo- So in this treaty, the United States viet Union retained for themselves, and ple use 30-year-old technology in their of America agrees with the Soviet that is the right to be able to withdraw airplanes? We do not do that, and we Union, which as my colleagues know, from this treaty. You have the right to should not use that kind of technology the Soviet Union no longer exists. It withdraw from this treaty if it decides to defend this country. has been broken into a number of dif- that extraordinary events related to Now, what am I talking about? What ferent countries. Each party under- the subject matter of this treaty have treaty am I talking about? It is called takes not to develop, test, or deploy a jeopardized its supreme interest. It the Anti-ballistic Missile Treaty. Let defensive weapon system. That is what shall give notice to the other party 6 us talk about the Anti-Ballistic Missile that paragraph says. To ensure assur- months prior to the withdrawal from Treaty. First of all, let me say to my ance of effectiveness of the ABM, each the treaty. Such notice shall include a colleagues that the theory of the Anti- party undertakes not to give missiles, statement of the extraordinary events Ballistic Missile Treaty was about launches, or radars, other than ABM of the notifying party in regards as really only two countries. There were interceptor missiles, et cetera, or their having jeopardized its supreme inter- two nations in the world that were ca- elements in flight trajectory, and not est. pable of any kind of significant missile to test them in a mode. Do we have circumstances which launch against somebody else in the That says you cannot test. If the would justify extraordinary events? world. One, the United States of Amer- United States determines that they You know something, that is the easi- ica, and, two, the Soviet Union. These want to test some type of system to de- est question of the night to answer. two superpowers possessed not only the fend our country, we cannot do it under Have events occurred that are extraor- knowledge of nuclear weapons, but this treaty. This treaty is not cloudy. dinary in their nature which would they also had the capability of deliv- It is black and white. It is very clear in allow us to withdraw from a treaty ering these weapons, and delivering its definitions. If you want to build a which prevents the United States from these weapons in multitudes and with defensive system for your Nation, you defending itself against missile at- deadly accuracy. are not allowed to under this treaty. tacks? Number one, the Soviet Union is not So the theory of the Anti-Ballistic There is no way around it. This treaty around any more. Missile Treaty in 1968, 1969, and 1970, is totally incompatible with our Nation or any nation, well, our Nation or the Number two, it is called Russia, was, hey, look, Russia and the United Ukraine and other nations. The Soviet States, and by the way I do not agree Soviet Union because there are only two parties to this agreement, the So- Union at that time in 1968, 1970, when with this theory, but the theory was these treaties were being negotiated, the best way for the United States not viet Union and the United States. It is totally incompatible with this there was only one other country that to attack Russia and the best way for treaty for the Soviet Union or the had the capability to deliver missiles the Soviet Union not to attack the United States to build some type of de- to the United States of America, and it United States was for both of them to fense to protect their country from an was the Soviet Union. agree not to build a defense. Because if accidental launch or an intentional Let me show you today what we have these two countries have a missile, launch of a missile against their coun- got. It is no longer just Russia. Look at theoretically, and each knows it could try as long as this treaty exists. my poster to the left. It is no longer be destroyed by that missile because it They understood that this treaty just Russia. No longer just the Soviet cannot defend against it, then each may not be good forever. In fact, they Union. Today North Korea has the ca- country will be less reluctant to fire put provisions in the treaty. They had pability to hit the West Coast with their missiles. That is the theory of the foresight, they had the foresight to their nuclear missile. Pakistan has nu- what happened. put provisions in this treaty which clear capability and missiles. Now, what does this treaty contain? would allow the parties to the treaty, India has nuclear capability and mis- Let us take a look at a little of what again the Soviet Union and the United siles. Israel has nuclear capability and the treaty says, because it is impor- States, which would allow these parties missiles. China has nuclear capability tant. I will refer to my poster here to to leave the treaty. To go out of the and missiles. How much further do I the left. Article I: Each party under- treaty. have to go to justify extraordinary cir- takes to limit anti-ballistic missile I have heard recently and when I cumstances? Just one more nation systems and to adopt other measures. have read some of the press, some of other than the Soviet Union, in my And I will just summarize some of you off this floor, frankly, who have opinion, justifies extraordinary cir- these. There is no need to go through made announcements that the United cumstances. each sentence. Each party undertakes States would break a treaty. What Let me go on. And other countries not to deploy anti-ballistic missile sys- would give any Nation the desire to have all successfully detonated nuclear tems for defense of the territory. make a treaty with the United States weapons, in addition, Iraq, Iran. Do Now, remember, as we go through if the United States broke their word those strike some kind of familiar this treaty and as I talk tonight, I am and broke these treaties. sound? Do my colleagues remember a not talking about the development of We are not breaking the treaty. The war not too long ago? In addition, Iran, offensive weapons. The United States treaty has contained within its four Iran and Libya all have ballistic mis- has significant offensive weapons. corners, within the four corners of the sile technology that they could use to

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.226 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4627 deliver either a chemical or a biologi- rope or the United States of America, By having a strong military, and my cal attack. those people that oppose the develop- theory, by having a strong military de- So we are not just talking about a ment of missiles that are opposed to fense for your country, by defending nuclear warhead on top of one of these any kind of violence, they ought to be the citizens of your Nation, you will missiles. We are talking about the ca- the first ones signing on the bottom avoid violence. You do not bring on vi- pability to deliver a biological weapon, line. They should say the United States olence, you avoid violence because the some type of chemical weapon. These has come up with a pretty good idea. people who decide they want to under- countries can destroy large portions of Let me tell you that iron wall in Eu- take a violent act against you under- the United States of America; and we rope in opposition to American devel- stand that there are repercussions that on this floor and our administration opment of a missile defensive system, have a deadly impact. Or if we put up down the street, and the Senate on the is showing significant cracks. It is my a missile defense system, they under- other side, we have, as Margaret opinion, and the French usually lag be- stand that they may not be able to Thatcher has said, we have an inherent hind, but it is my opinion that most of produce any type of weapon that could responsibility to protect the citizens of the European allies of ours and NATO give that harm to a missile. It makes a this country. over time will adopt the policy of the lot of sense for the United States to So how can anybody stand on this United States, and that is to defend have a strong military. floor and say we should not have a mis- their country from a missile attack. b 2145 sile defense or the President is wrong Let us talk just for a moment about because he said this ABM treaty, you what happens if we do not, just to give It makes a lot of sense for us to be cannot have the ABM and the missile you an idea. able to defend this country. Let us defense both. The treaty does not allow On a Trident submarine, and the take a look at what happens. for it. United States has Trident nuclear sub- Let me step back just for a moment. What the treaty does allow, it says in marines. We have the most powerful The Trident submarine, nuclear the treaty. The treaty says if you want military in the world. In fact, we have launching base. We probably have 18 or to build a missile defense, you can the most powerful military in the his- so of those out there. I am not giving withdraw from the treaty. We are not tory of the world. We ought to have. you anything that is classified, obvi- breaking the treaty, we are exercising I had kind of a fun thing happen the ously. We probably have 10 or 12 of our rights that we negotiated 30 years other day. I love high school students them at sea at any given time. Do you ago. That is to pull out of the treaty to stop by. The 4–H students stop by. know that one Trident submarine, one and build a defensive system for this The Boy Scouts stop by. We have some nuclear submarine of the United country. leadership programs back in Wash- States, has more firepower than all of By the way, the President just re- ington stop by. Usually we have the countries combined for all the cently returned from Europe, and I groups, and I open it up for questions. years of World War II? That is how have seen a lot of press about how the One of the questions was from one of powerful. A nuclear submarine can Europeans are opposing President Bush the students, and these questions are launch 195 nuclear warheads. We have a and his missile defense. He is some bright questions. This generation com- powerful force out there. kind of roving cowboy. ing out, they are a bright generation. I But the other side has got a powerful In Europe in the last few days, people have a lot of hope for the future of this force, too. And no matter how many are beginning to say, their leaders are country just based on these young peo- submarines you have out there, you saying, that George W. Bush is on to ple I have had the opportunity to meet. have got to have the capability not to something. Somebody could launch a But back to the question. just fire a missile if that, God forbid, missile against Italy. Somebody could A high school student asked me, he ever became necessary, you have got to launch a missile against Spain, against said, Why do we need the CIA? Why do have the capability to stop an incom- London. We do not want to offend our we need spies? My teacher, he implied ing weapon. Because if you do not, the other European brothers, but maybe we his teacher thinks our country is being odds of you having to fire your missiles ought to look at it and see what Bush bad in essence because we have spies. out of one of those deadly submarines has in that bag. I said, Let us answer that question. becomes much higher. If somebody The United States, by the way, is How many of you in here play high shoots a missile at the United States of going to make it technologically fea- school sports? Almost everyone raised America and we are able to intercept it sible; and I will address that in a few their hands. I asked one of the young on its launching pad through a space minutes. The Europeans are saying, I ladies what sport she played. She said, intercept method or we can intercept it know what everybody is saying on the I play basketball. in space, we could prevent a war. podium, and I know what the European I said, Tell me this. Before you play Let us say, for example, that some- press is saying, but frankly as a leader an opposing team, do you know the body launches a missile by accident, an of my country, I have an obligation to height of the person you are going to accidental launch. Let me tell you, it defend it. guard? Yes. happens. We have planes that crash by So guess what happened last week- Do you know how many baskets that accident. As we all know the tragedy, end? Italy’s premier came out and said lady made in the previous games? Yes. we lost a spacecraft by accident. Acci- in a very aggressive nature, we support If it is a championship game, does dents happen. It is logical to say that, a missile defense system, and we en- somebody film them playing a prior at some point in the future, there courage the United States of America game? Yes. might be an accidental launch of a nu- to rapidly develop the technology to I said, That is gathering intelligence. clear weapon or an accidental launch of protect countries in this world from at- By gathering intelligence, you are able a weapon containing chemical or bio- tack by a missile containing either bio- to disarm, dispose of the threat before logical elements that would be dev- logical, chemical or nuclear weapons. the threat becomes destructive. That astating to this country. If we knew we Italy, the second one to jump on was one point. had an inbound missile coming in and board. Our good friends, the United The second point, somebody asked we did not have the capabilities to stop Kingdom, who have been wonderful al- why do we need such a strong military. it, we may very well go to war with lies, are on board. Guess who else? I said it is very simple. This young that country. If that missile hit, for ex- Spain. Spain is out there saying it is man’s name was John. I said John, if ample, New York City or if it hit Wash- not such a bad idea. Maybe the best you were a black belt in karate and ev- ington, D.C., or it hit Orlando, Florida, way, maybe the people that are most erybody in your class knew that and we may very well go to war instanta- opposed to weapons in my opinion everybody knew if they tried to take neously. Our retribution would be should be the strongest proponents of your lunch or take something of yours, quick, and it would be decisive. this. you would break their neck, how many But what if we found out later that What is the best way to make a mis- fights do you think you would be in? the launch was by accident? What the sile ineffective? It is the capability to John answered correctly, probably missile defense system allows us is if defend against it. Whether it is in Eu- none. That is right. the missile defense, if we have got that

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.228 pfrm01 PsN: H25PT1 H4628 CONGRESSIONAL RECORD — HOUSE July 25, 2001 capability and there is an accidental sile defensive system. And, two, we North Korea, India, Pakistan, China, launch that comes over and we are able today have a detection unknown before Iraq, Iran, and several other countries to successfully stop that missile from in the history of the world. It is called now have nuclear capability and have hitting the mainland United States, we NORAD. It is located in Colorado missile technology? may have an allowance of time to find Springs, the district of the gentleman Mr. Speaker, the old days of only the out that it was not an act of war, that from Colorado (Mr. HEFLEY), Colorado United States and the Soviet Union it was an accident and because we had Springs, Colorado. NORAD has the ca- having missiles are over. Our genera- a missile defense system in place, we pability to detect a missile launch any- tion, my generation, worried about the stopped the next world war. That alone where in the world, and they can detect Soviet Union, but that is all we had to justifies what President Bush is at- it within a few seconds. worry about was the Soviet Union as tempting to do and that is build a mis- So our country today, within a cou- far as a missile attack with nuclear ca- sile defense system for the United ple of seconds, can detect a missile pability. That is what we had to worry States. launch anywhere. We can tell you with- about. Unfortunately, for the genera- Do we have the technological capa- in a few seconds more where that mis- tion behind us, they have a multitude bility? Of course we do. We do not have sile is going, at what speed it is going, of concerns that they are going to have it all in-house today, but about 2 weeks the likely type of missile it is and to worry about unless we accept our re- ago, remember, we did a test. We have where its target is. sponsibilities in this generation and had four tests. Two of them have But after that today, what can our that is the responsibility of some type failed. Two of them have been success- country do? We can call up Philadel- of vision to defend this country so ful. Remember that when the Wright phia and say, you have an inbound mis- that, as this new generation comes of brothers flew their airplane or when we sile, it has got, we think, two war- age in our country, they are going to ran the car, any other major invention, heads, a minimum of two warheads on be able to relax knowing that if some- the first time, how many space mis- it. It is going to hit in 161⁄2 minutes. body launches accidentally against the sions we had to have before we could fi- That is all we can tell you. There is not United States or intentionally against nally figure out and how much money anything we can do for you. We will the United States we will not have to we went through, how to land on the pray for you, and we have alerted the sustain casualties in the hundreds and moon or how to fly an airplane or how White House so that we can prepare to hundreds and hundreds of thousands. to make a car. go to war immediately. The President We will not have to do it because we We are going to have failures. This is prepared to launch an all-out nuclear will have the capability to defend technology is advanced. Remember retaliatory attack. against it. that in order to intercept a missile in Why should we have to go through Now, some of my colleagues, inter- the air, en route, somebody told me that? Why should we have to go estingly, have said, and some of the one time it is the equivalent of throw- through what at some point in the fu- press, ‘‘Well, let’s just have a very lim- ing a basketball from San Francisco ture is not going to be a test but is ited missile ballistic system. Let’s just and making it through the hoop in going to be a realistic either accidental have a few defensive missiles in Alaska Washington, D.C. This is tough tech- or an intentional missile launch and nowhere else in the country. Let’s nology. against the United States of America just have a little bit.’’ Two weekends ago, the United States when we do not have to do it, when we Give me a break. Give me a break. of America fired a missile. That missile can stop it? This may very well be the You cannot do it halfway. You cannot was traveling 41⁄2 miles a second. Imag- secret to stopping a war in the future. afford to be derelict in your responsi- ine, a bullet, 41⁄2 miles a second in- So why would any of my colleagues bility. You cannot afford to say to the bound. We fired a missile to intercept oppose the President’s position, num- United States of America, all right, we it, and it was traveling at 41⁄2 miles a ber one, that the treaty, the anti- will protect this portion of the Nation, second. 41⁄2 miles, 41⁄2 miles, and we ballistic missile treaty is not valid. but the rest of you, because it happens have got to bring the two together, and You cannot have that and a missile de- to be politically correct today, we are they cannot miss by that far. They fense system at the same time. Do not not going to put a missile defensive cannot miss by a foot. They have got think there is a way to tiptoe around system that will help you. to hit. Guess what happened? We the treaty. Do not think there is a way By the way, the missile attacks may brought the two missiles together. We to talk fuzzy, warm talk and pat the not necessarily come against the cities. intercepted. Russians on the back and tell our Eu- A good place for a missile attack may We will have the technology. We will ropean friends that, okay, we will do be Hoover Dam, knock out 70 percent have the technology to make a missile this, water it down a little here and of the water in the West, knock out the defense system in this country pos- there. power generation. Psychologically, sible. We have an obligation to put on The fact is very clear and simple. think of what you would do to a coun- an expedited basis the necessary re- You cannot have the treaty and have try. You could hit a nuclear generation sources that it is going to take to bring the missile defense system. You have facility. There are a lot of different us that technology. got to do something with the treaty. targets out there. You cannot just say Let me give you an idea of what just The treaty allows you to do it. we are going to defend a little tiny part a couple of missile heads would do if we We are not breaking the treaty. I of the country. That is what some of do not defend, for example, and some- have said this three times in my com- my colleagues are saying. body fired a two-warhead attack on ments this evening. The President is I think some of my colleagues have Philadelphia. Two warheads, one-meg- not advocating the breaking of a trea- picked this issue up not because they aton devices, detonating the results. If ty. The President, the Vice President, really believe that the United States they fired one warhead with two heads the Secretary of Defense, the Secretary should not have a missile defense sys- on it, just one, with two on it, we of State and Condolezza Rice, they are tem. I think some of my colleagues would have 410,000 people killed like not saying break the treaty. What they have picked this issue up simply be- that. are bringing to our attention, and they cause it is a big issue for our new Some of my colleagues and some of are absolutely correct, what they are President, George W. Bush, and so po- the scholars in this country are saying bringing to our attention is that the litically they are searching for some- and criticizing this country for saying treaty contained within its own four thing to attack the President on and that it should develop a system that corners allows us the rights, we have this happens to be what they have got- will stop an inbound missile, that will rights within this treaty, the right to ten. stop a two-headed missile from wiping withdraw from this treaty so that we Let me beg all of you, and I said beg. out 410,000 people in Philadelphia. can properly defend our country if ex- I do not like begging anybody—neither What do we do today? If some foreign traordinary circumstances occur. do you—but let me beg each and every country, just so you know where we are As I said earlier, what more extraor- one of you, do not use this as your po- today, one, we have a treaty that says dinary circumstances do you need as litical issue. This is the wrong issue. we cannot defend ourselves with a mis- justification other than the fact that From a bipartisan point of view, we all

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.230 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4629 have an obligation, as fundamental as Now, let me shift. Earlier, as I said, the United States has the capability of protecting our children when they were I wanted to talk for a few moments destroying that missile while it is still babies. We have a fundamental obliga- about the capability of the technology in their own country? There is not a lot tion to the people we represent to pro- that we have got. What do I envision of of incentive to do that kind of thing. vide a defense for them, to make sure a missile defensive system? So we have got a system that, upon that nobody, friendly in case of an ac- Well, what we have got, we are going its launch, or being able to destroy on cidental launch or unfriendly in case of to have to have several elements of it. its launching pad the missile. If the an intentional launch, we have an obli- I do not have my diagram here this missile gets off its launching pad and gation to give our people the maximum evening to show you, so I am going to begins to come across, then this is protection, the maximum protection explain it the best I can. going to really be a three tier system, against that type of an attack. You do not want a missile defense space, sea and land. So out over here, Let us talk about the system the system which intercepts the enemy you are going to have to have intercept President has proposed. missile or the accidental launch of a missiles based on ships that are going Real briefly, before we get into that, missile over the United States. That is to be able to target and hopefully de- let me just show this poster because I the last resort. Why hit a missile over stroy that missile while it is out over think this poster accurately reflects New York City? If it is going to hit the ocean, where it is going to have the and gives you an idea. Remember, that New York City and you destroy it a minimal amount of impact. in 1972 when the Soviet Union and the mile above New York City, you may in Now, remember that any time you United States signed the Antiballistic fact have more casualties. You do not destroy a missile in air space, you still Missile Treaty, this map only had two want to have to bring down a nuclear have air currents, so the fact that we areas of blue color, over here in the So- missile over the air space of the United destroy this missile out here some- viet Union and right here in the United States of America. So that is the last where over the Atlantic does not mean States of America. Look at where we choice you want. we are not going to have an impact are today. Look at where we are today. Now, that may be, under some cir- over the continental United States. In These colors reflect right here coun- cumstances, the only alternative you fact, because of the air currents, we tries possessing ballistic missiles. have got. But under the technology we may very well. Take a look at the number of coun- are trying to develop, and, let me tell But we do know this: We are a lot tries that we have on this poster to my you, if the United States of America better off to destroy that missile here left. Let us start over in the extreme can put a man on the moon, if the before it hits here in New York City or left, the Ukraine, UAE, U.S. obviously, United States of America can discover Colorado Springs or Los Angeles. Vietnam, Yemen, Taiwan, Syria, South penicillin and utilize it in this country, Finally, the third part of our tech- Africa, Slovakia, Saudi Arabia, Russia, if the United States of America can do nology, the land-based system would be North Korea, South Korea, Libya, some of the amazing accomplishments our last resort, which means that our Pakistan, Poland, keep going, Iran, that we have done, whether it is the in- laser beam and our space defense sys- Iraq, Israel, Hungary, China, Croatia, vention of the airplane, cars or et tem missed it, our ship sea defense sys- Czech Republic, Egypt, France, Af- cetera, et cetera, et cetera, we can de- tem missed it, so we have got a final ghanistan, Algeria, Argentina, Bul- velop the technology to do what I envi- try, and that is our land-based system, garia. Take a look at that. sion, what the President envisions, the as that missile comes into the final few Let me say, look to my left at this type of defensive system we need. miles before it hits its target. poster. How can any one of my col- What would it include? It would have My interest on discussing technology leagues say that with this kind of to have a space laser intercept. The ad- tonight is to tell you that the tech- threat, and everywhere there is purple vantage of being able to utilize a defen- nology will be available; that the there is a threat to the United States sive satellite with laser intercept in United States of America is leading of America, with this kind of a threat space is that you can move that sat- every country in the world in the de- you are saying to the people of the ellite to any trouble spot. So if, for ex- velopment of this technology; that this United States of America that we should not be able to defend against ample, and again referring to my map test that we had 2 weeks ago, where a this? How can you look at your con- on the left, if, for example, we end up missile was fired and approaching the 1 1 stituents when you go back to your dis- with a problem down in this area, and target, 4 ⁄2 miles a second, 4 ⁄2 miles a trict? Or, even more importantly, how we have got a satellite defense system second, our technology that we have can you look at yourself in the mirror over here, take a look at this poster to right now, we were able to launch an 1 and say that under these kind of cir- my left, we can move the satellite so it intercept missile also going 4 ⁄2 miles a cumstances with this kind of current is right over the country that is our second, and we were able to, in essence, existing threat, not even assuming threat. bring two bullets together out there in what will be in existence 10 years from Now, obviously if we have an acci- the air space, and we stopped it. It was now, but even under the current condi- dental launch, we want to be able to a successful test. tions of the threat, how can you look pick that accidental launch up. But a Now, we have a long ways to go, but yourself in the mirror and say, I am lot of our threat in the future will we can accomplish this. I think one not going to allow the country that I begin with or be preceded with tensions way to help us with this technology in represent to build a missile defensive between the countries. There will be this area is for us to give it political system? high tensions. We will know that a con- support. flict is approaching. So, as a defensive My purpose here tonight is not to act b 2200 move, as a preemptive move, we will like a scientist. I am not a scientist. I You cannot do it. You cannot do it. move our satellite over that vicinity can no more tell you about nuclear We have that obligation. We owe it to where we think their missiles are lo- physics, I am not much better at frying the people of this Nation, and we have cated. an egg than that. I can tell you about an obligation for vision to the people of What we want to be able to do, the political support. the next generation and the next gen- ideal situation is to destroy a missile The President has stepped forward, I eration to make sure that no matter that is targeted for the United States think in a very courageous manner, to how spread over here on my left, no of America, to destroy that missile on say, look, somebody has to say what matter how spread this purple is, no its launching pad. Let the country that needs to be said, and what needs to be matter how many countries in the is going to send the missile our way, said is that the United States of Amer- world have missiles, we will have a let them deal with the missile explod- ica needs a defensive system; a defense missile defense system that will stop ing on a pad right there in their own not only against an intentional launch, it. We will have a missile defense sys- country. but an accidental launch as well. And tem that, by the way, we are willing to How many countries do you think are this President, George W. Bush, has share with our friends. We can do it. going to want to fire a missile against had the courage to step forward. We can do it, and we have an obligation the United States, a nuclear missile, or All the politically correct people, the to do it. a biological missile, if they know that Europeans, people in our own country,

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.232 pfrm01 PsN: H25PT1 H4630 CONGRESSIONAL RECORD — HOUSE July 25, 2001 people on this House floor, jump up as meaning to discount any other issue. I after this test 2 weeks ago that they an issue, not because I think they real- am not meaning to dilute your own did, this thing is going to work, and ly believe in it, but as an issue, and personal platform as far as what you the United States is going to have a say, how dare you talk about the think is important. system that defends their citizens from United States having a defensive sys- But I can tell you this: I sincerely be- attack. Maybe we ought to do the same tem, a system that would protect them lieve that if we lay out all the issues, thing. from an intentional or accidental we put them on this table, I cannot be- Who is saying that? Look at the launch? How dare you do that. That is lieve of an issue that is more impor- United Kingdom, the Brits. They are not politically correct. tant nor a threat more impending than saying, hey, we support the United But our President is determined, and missiles, and that issue of missile de- States. our President has in his heart and has fense is something important for every Take a look at Italy this last week- as a principle of his entire philosophy one of us on a bipartisan basis. end. Take a look at the comments from that he has inherent responsibility to Unfortunately, what I am sensing is Italy. Their leader has said in Italy, we the people of the Nation that he serves that my colleagues, a good number, not strongly support and strongly advocate to protect them from a missile launch. all of my colleagues, but some on the the United States of America building So he said what has to be said. liberal side of the Democratic Party, a defensive missile system. We need to give that President polit- the liberal aspects of the Democratic Take a look at Spain. They are not ical support. Do not take cheap shots Party, have decided that a missile de- far behind. off this floor. Do not go to your news- fense is not good for this country; that Do you know what is going to hap- paper and talk about technologically it this country should not defend itself pen? As the rest of the world has in the is impossible. Our former President, I from a missile attack. past, as they are amazed by American heard a former President say this More than that, I think the real technology, they are going to come on board. My prediction is 15 years from morning, I heard a quote about it is a thing that is driving the liberal side of now, almost every Nation in the world technological impossibility or some- some of these thinkers is that it is will have some type of missile defen- thing similar to that. President Bush really pushing it. He Wake up. What happened 2 weeks might get it done. We certainly cannot sive system. And what happens when ago? We do have the technology avail- allow him to accomplish this kind of that happens? What happens when that happens? You know what? It takes that able to get us to the point we need to thing. very deadly, lethal weapon, the missile; get that will provide a defensive sys- So I am asking all of you, and I asked it significantly lowers the risk of im- tem for this Nation, for this generation in my previous comments, set the par- pact, negative impact, from that mis- and for the following generations, to tisanship aside. Set it aside and think sile. Because what good are missiles, protect our own children, not just our- about the vision that we owe for future especially in any kind of volume, if a selves, but our own children and our generations. Think about what we need defensive missile system will stop grandchildren from a missile attack. to do to assure that people even 10 them from being effective, or, even So we will have the technology. years from now will not be intimidated more importantly, if you have a defen- But we are not going to get to the or have the entire future of this coun- sive missile system that will destroy technology and we are not going to get try at risk because somebody launches, the missile on its launching pad in the to the point where we can protect the accidentally, not even intentionally, country that wants to fire it, so it does citizens of this country if we do not somebody launches accidentally a mis- devastating damage to that country? sile against the United States of Amer- have enough guts to stand up and do You know, there is not a lot of incen- ica. what is necessary, and that is give the tive to fire a missile against the United We can all stand together. This is an political support to the President and States, if you know the United States issue that is not Republican, not Dem- to the administration with a green can pick it up, fire a laser, and stop ocrat. It is an issue that we can join light to go ahead, and say, Mr. Presi- that missile on its launching pad. It with the administration, with George dent, build a system that will protect kind of makes short history of the peo- W. Bush, to take to the American peo- your and our country. Mr. President, ple around your launching pad. you have an obligation to defend this ple, and we can deliver to the American There are so many things that are es- country. You are on the right track. people a security net; a security net sentially common sense in missile de- Every one of us in these chambers, to that is as important to the American fense. Common sense in missile de- the person, ought to be willing to stand people as a seat belt is to you in a car. fense. Think about it. Go out and talk strong against political correctness We can deliver a security net that will to your constituents this weekend. and say to the world, Look, world: No assure the American people, and our al- First of all, ask your constituents, find matter how much you criticize, the lies, and our allies, that no other coun- out how many of them today think we United States is not going to make try in the world can threaten or launch have some type of protection. It is sur- itself a target for many multitudes of a missile successfully against the prising. A lot of our constituents think countries in the future to launch a mis- United States of America. that today we can defend ourselves Now, earlier in my comments I men- sile attack against us. against a missile defense attack. The United States will not allow tioned about political courage, and it is itself to get into a position where some very interesting to hear all the bashing b 2215 small country, or some large country, that has gone on about President We cannot. Once you get by that with or any country, can intimidate, threat- George W. Bush’s position of missile your constituents this week, sit down, en, or force the United States to take defense in Europe, that the Europeans, put your partisanship aside, and for the an action they do not want to take, the way you read the media, you would liberal segment here, for the liberal simply because they have the capa- think the Europeans are entirely uni- people, put that aside, just for a few bility to launch a missile into a city in fied in opposition to this; they are moments and ask the people, person- the United States of America. We owe aghast; they are astounded that a Na- to-person, all politics aside, person-to- this to the people. We owe it to them. tion like the United States would person, do you think it would be a good So let me in my remaining moments, think of building a system that would idea for this Nation to defend itself these last 12 minutes, kind of reiterate defend themselves from a missile at- against an intentional or accidental the importance of the issue that we are tack. launch against our citizens? talking about tonight. But, do you know what? That wall Guess what? You will get a resound- Obviously Social Security is critical has cracked. Do you know what? There ing yes and probably followed by a for us. Health care is an important are countries over there in Europe say- comment, why have we not done it al- issue for us. Education, I could tell you ing, wait a minute. You know, I think ready? What are you guys doing? I about that. I would love to talk about it is nice to bash the United States of thought we had a defensive system in education. To me in the West, public America, but, you know, they got a place. lands, water issues. There are a lot of point here. This missile defensive sys- That is what the American people are important issues for us. So I am not tem, you know, it might work. In fact, saying to us. We are their leaders. We

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.234 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4631 are not kings. We have been elected by Ms. BROWN of Florida, for 5 minutes, Capital Regulation—received July 19, 2001, these people in a representative gov- today. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ernment to come up here. We have fi- (The following Members (at the re- mittee on Financial Services. 3059. A letter from the Deputy Secretary, duciary duties. That is the highest re- quest of Mr. HASTINGS of Washington) Securities and Exchange Commission, trans- sponsibility of duty to our Nation and to revise and extend their remarks and mitting the Commission’s final rule—Com- to its people, to do what will protect include extraneous material:) mission Policy Statement on the Establish- the public interest and will protect our Mr. SWEENEY, for 5 minutes, today. ment and Improvement of Standards Related country and allow our country to re- Mr. BILIRAKIS, for 5 minutes, today. to Auditor Independence [Release Nos. 33– main strong into the future. Mr. KIRK, for 5 minutes, today. 7993; 34–44557; IC–25066; FR–50 A] received Right now, the number one issue at The following Member (at his own re- July 18, 2001, pursuant to 5 U.S.C. the very front is a missile defense sys- quest) to revise and extend his remarks 801(a)(1)(A); to the Committee on Financial Services. tem. and include extraneous material: 3060. A letter from the Secretary, Depart- In conclusion, I ask every one of my Mr. PALLONE, for 5 minutes, today. ment of Health and Human Services, trans- colleagues, regardless of what State f mitting a report entitled, ‘‘Assuring Access you are from, whether you are from to Health Insurance Coverage in the Large Massachusetts or Florida or Oregon or ADJOURNMENT Group Market’’; to the Committee on Energy Colorado, that you step forward and Ms. PRYCE of Ohio. Mr. Speaker, I and Commerce. start giving political support so that 3061. A letter from the Principal Deputy move that the House do now adjourn. Associate Administrator, Environmental we can then advance the technological The motion was agreed to; accord- Protection Agency, transmitting the Agen- support to implement, as President ingly (at 10 o’clock and 20 minutes cy’s final rule—Approval and Promulgation George W. Bush has asked, a missile p.m.), the House adjourned until to- of Implementation Plans; State of Missouri defensive system to protect the citi- morrow, Thursday, July 26, 2001, at 10 [MO 130–1130a; FRL–7016–4] received July 18, zens and future generations of this a.m. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the country. It is our responsibility. It is Committee on Energy and Commerce. f not our neighbor’s responsibility. It is 3062. A letter from the Principal Deputy EXECUTIVE COMMUNICATIONS, Associate Administrator, Environmental our responsibility. I hope each and Protection Agency, transmitting the Agen- every one of us carries it out to the ETC. cy’s final rule—Approval and Promulgation fullest extent. Under clause 8 of rule XII, executive of Air Quality Implementation Plans; Penn- f communications were taken from the sylvania; Control of VOC’s from Wood Fur- Speaker’s table and referred as follows: niture Manufacturing, Surface Coating Proc- REPORT ON RESOLUTION WAIVING esses and Other Miscellaneous Revisions [PA 3053. A letter from the Acting Adminis- A REQUIREMENT OF CLAUSE 6(a) 168–4109a; FRL–7013–7] received July 18, 2001, trator, Department of Agriculture, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- OF RULE XIII WITH RESPECT TO ting the Department’s final rule—Blueberry THE SAME DAY CONSIDERATION mittee on Energy and Commerce. Promotion, Research, and Information 3063. A letter from the Principal Deputy OF CERTAIN RESOLUTIONS RE- Order; Amendment No. 1 [FV–00–706–FR] re- Associate Administrator, Environmental PORTED BY THE RULES COM- ceived July 18, 2001, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- MITTEE 801(a)(1)(A); to the Committee on Agri- cy’s final rule—Approval and Promulgation culture. of Air Quality Implementation Plans; Mary- Ms. PRYCE of Ohio, from the Com- 3054. A letter from the Principal Deputy mittee on Rules, submitted a privi- land; Control of VOC Emissions from Organic Associate Administrator, Environmental Chemical Production [MD 118–3073a; FRL– leged report (Rept. No. 107–163) on the Protection Agency, transmitting the Depart- 7014–1] received July 18, 2001, pursuant to 5 resolution (H. Res. 290) waiving a re- ment’s final rule—Exemption From the Re- U.S.C. 801(a)(1)(A); to the Committee on En- quirement of clause 6(a) of rule XIII quirement of a Tolerance Under the Federal ergy and Commerce. with respect to consideration of certain Food, Drug, and Cosmetic Act for Residues 3064. A letter from the Senior Legal Advi- resolutions reported from the Com- Derived Through Conventional Breeding sor to the Bureau Chief, Mass Media Bureau, From Sexually Compatible Plants of Plant Federal Communications Commission, trans- mittee on Rules, which was referred to Incorporated Protectants (Formerly Plant- the House Calendar and ordered to be mitting the Commission’s final rule— Pesticides) [OPP–300368B; FRL–6057–6] (RIN Amendment of Section 73.202(b), Table of Al- printed. 2070–AC02) received July 18, 2001, pursuant to lotments, FM Broadcast Stations (West Rut- f 5 U.S.C. 801(a)(1)(A); to the Committee on land, Vermont) [MM Docket No. 00–12; RM– Agriculture. 9706] received July 19, 2001, pursuant to 5 LEAVE OF ABSENCE 3055. A letter from the Principal Deputy U.S.C. 801(a)(1)(A); to the Committee on En- By unanimous consent, leave of ab- Associate Administrator, Environmental ergy and Commerce. Protection Agency, transmitting the Depart- sence was granted to: 3065. A letter from the Senior Legal Advi- ment’s final rule—Exemption From the Re- sor to the Bureau Chief, Mass Media Bureau, Mr. BLUMENAUER (at the request of quirement of a Tolerance Under the Federal Federal Communications Commission, trans- Mr. GEPHARDT) for after 4 p.m. today Food, Drug, and Cosmetic Act for Residues mitting the Commission’s final rule— and the balance of the week on account of Nucleic Acids that are Part of Plant In- Amendment of Section 73.202(b), FM Table of of emergency family business. corporated Protectants (Formerly Plant- Allotments, FM Broadcast Stations (Caro Pesticides [OPP–300371B; FRL–6057–5] (RIN and Cass City, Michigan) [MM Docket No. 01– f 2070–AC02) received July 18, 2001, pursuant to 33; RM–10060] (Warsaw and Windsor, Mis- SPECIAL ORDERS GRANTED 5 U.S.C. 801(a)(1)(A); to the Committee on souri) [MM Docket No. 01–34; RM–10061] re- Agriculture. ceived July 19, 2001, pursuant to 5 U.S.C. By unanimous consent, permission to 3056. A letter from the Principal Deputy 801(a)(1)(A); to the Committee on Energy and address the House, following the legis- Associate Administrator, Environmental Commerce. lative program and any special orders Protection Agency, transmitting the Agen- 3066. A letter from the Senior Legal Advi- heretofore entered, was granted to: cy’s final rule—Regulations Under the Fed- sor to the Bureau Chief, Mass Media Bureau, (The following Members (at the re- eral Insecticide, Fungicide, and Rodenticide Federal Communications Commission, trans- Act for Plant Incorporated Protectants (For- mitting the Commission’s final rule— quest of Mr. HOYER) to revise and ex- merly Plant-Pesticides [OPP–300369B; FRL– Amendment of Section 73.202(b), Table of Al- tend their remarks and include extra- 6057–7] (RIN: 2070–AC02) received July 18, lotments, FM Broadcast Stations (Steuben- neous material:) 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the ville, Ohio and Burgettstown, Pennsylvania) Mr. DEUTSCH, for 5 minutes, today. Committee on Agriculture. [MM Docket No. 01–6; RM–10009] received Mrs. MALONEY of New York, for 5 3057. A letter from the Assistant Secretary July 19, 2001, pursuant to 5 U.S.C. minutes, today. for Legislative Affairs, Department of State, 801(a)(1)(A); to the Committee on Energy and Mr. DEFAZIO for 5 minutes, today. transmitting a copy of the determination Commerce. Mr. DAVIS of Illinois, for 5 minutes, and a memorandum of justification pursuant 3067. A letter from the Senior Legal Advi- today. to Section 2(b)(6) of the Export-Import Bank sor to the Bureau Chief, Mass Media Bureau, Act of 1945, as amended; to the Committee on Federal Communications Commission, trans- Mr. SCHIFF, for 5 minutes, today. Financial Services. mitting the Commission’s final rule— Mr. BROWN of Ohio, for 5 minutes, 3058. A letter from the Director, Office of Amendment of Section 73.202(b), Table of Al- today. Federal Housing Enterprise Oversight, trans- lotments, FM Broadcast Stations (Pana, Mr. LAMPSON, for 5 minutes, today. mitting the Office’s final rule—Risk-Based Taylorville and Macon, Illinois) [MM Docket

VerDate 25-JUL-2001 05:05 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\CR\FM\K25JY7.236 pfrm01 PsN: H25PT1 H4632 CONGRESSIONAL RECORD — HOUSE July 25, 2001 No. 00–160; RM–9928] received July 19, 2001, 2001–12–15] (RIN: 2120–AA64) received July 16, worthiness Directives; Airbus Model A300 B4– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 601, B4–603, B4–620, B4–605R, B4–622R, and F4– mittee on Energy and Commerce. Committee on Transportation and Infra- 605R (Collectively Called A300–600) Series 3068. A letter from the Senior Legal Advi- structure. Airplanes [Docket No. 2000–NM–306–AD; sor to the Bureau Chief, Mass Media Bureau, 3077. A letter from the Program Analyst, Amendment 39–12298; AD 2000–03–20 R1] (RIN: Federal Communications Commission, trans- FAA, Department of Transportation, trans- 2120–AA64) received July 16, 2001, pursuant to mitting the Commission’s final rule— mitting the Department’s final rule—Air- 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment of Section 73.202(b), Table of Al- worthiness Directives; Boeing Model 747–400 Transportation and Infrastructure. lotments, FM Broadcast Stations Series Airplanes [Docket No. 2000–NM–320– 3086. A letter from the Program Analyst, (Thermopolis and Story, Wyoming) [MM AD; Amendment 39–12269; AD 2001–12–14] FAA, Department of Transportation, trans- Docket No. 00–159; RM–9889] received July 19, (RIN: 2120–AA64) received July 16, 2001, pur- mitting the Department’s final rule—Air- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; Boeing Model 747 Se- Committee on Energy and Commerce. mittee on Transportation and Infrastruc- ries Airplanes [Docket No. 99–NM–313–AD; 3069. A letter from the Senior Legal Advi- ture. sor to the Bureau Chief, Mass Media Bureau, 3078. A letter from the Program Analyst, Amendment 39–12292; AD 2001–13–12] (RIN: Federal Communications Commission, trans- FAA, Department of Transportation, trans- 2120–AA64) received July 16, 2001, pursuant to mitting the Commission’s final rule— mitting the Department’s final rule—Air- 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment of Section 73.202(b), Table of Al- worthiness Directives; Construcciones Transportation and Infrastructure. lotments, FM Broadcast Stations Aeronauticas, S.A. (CASA), Model CN–235 Se- 3087. A letter from the Program Analyst, (Quartzsite, Arizona) [MM Docket No. 01–70; ries Airplanes [Docket No. 2000–NM–262–AD; FAA, Department of Transportation, trans- RM–10082] (Leesville, Louisiana) [MM Docket Amendment 39–12274; AD 2001–12–18] (RIN: mitting the Department’s final rule—Air- No. 01–71; RM–10083] received July 19, 2001, 2120–AA64) received July 16, 2001, pursuant to worthiness Directives; Raytheon Aircraft pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on Company Beech Models 45 (YT–34), A45 (T– mittee on Energy and Commerce. Transportation and Infrastructure. 34A, B–45) and D45 (T–34B) Airplanes [Docket 3070. A letter from the Senior Legal Advi- 3079. A letter from the Program Analyst, No. 2000–CE–09–AD; Amendment 39–12300; AD sor to the Bureau Chief, Mass Media Bureau, FAA, Department of Transportation, trans- 2001–13–18] (RIN: 2120–AA64) received July 16, Federal Communications Commission, trans- mitting the Department’s final rule—Air- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Commission’s final rule— worthiness Directives; Raytheon Model Committee on Transportation and Infra- Amendment of Section 73.202(b), Table of Al- Hawker 800XP Series Airplanes [Docket No. structure. lotments, FM Broadcast Stations (Abingdon 2000–NM–176–AD; Amendment 39–12273; AD 3088. A letter from the Program Analyst, and Canton, Illinois) [MM Docket No. 01–67; 2001–12–17] (RIN: 2120–AA64) received July 16, FAA, Department of Transportation, trans- RM–10084] received July 19, 2001, pursuant to 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Air- 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Transportation and Infra- worthiness Directives; Construcciones Energy and Commerce. structure. 3071. A letter from the Chair, District of 3080. A letter from the Program Analyst, Aeronauticas, S.A. (CASA) Model CN–235 Se- Columbia Financial Responsibility and Man- FAA, Department of Transportation, trans- ries Airplanes [Docket No. 2000–NM–273–AD; agement Assistance Authority, transmitting mitting the Department’s final rule—Air- Amendment 39–12267; AD 2001–12–12] (RIN: a report on the District of Columbia Fiscal worthiness Directives; Boeing Model 747 Se- 2120–AA64) received July 16, 2001, pursuant to Year 2002 Budget and Fiscal Year 2002–2005 ries Airplanes [Docket No. 2000–NM–158–AD; 5 U.S.C. 801(a)(1)(A); to the Committee on Financial Plan Review; to the Committee on Amendment 39–12277; AD 2001–12–21] (RIN: Transportation and Infrastructure. Government Reform. 2120–AA64) received July 16, 2001, pursuant to 3089. A letter from the Program Analyst, 3072. A letter from the Program Analyst, 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Transportation and Infrastructure. mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- 3081. A letter from the Program Analyst, craft Operator Security [Docket No. FAA– worthiness Directives; CFM International, FAA, Department of Transportation, trans- 2001–8725; formerly Docket No. 28978; Amend- S.A. CFM56–3, –3B, and –3C Series Turbofan mitting the Department’s final rule—Air- ment No. 108–18] (RIN: 2120–AD45) received Engines, Correction [Docket No. 98–ANE–57; worthiness Directives; Bombardier Model July 19, 2001, pursuant to 5 U.S.C. Amendment 39–12124; AD 2001–04–06] (RIN: CL–600–2B19 Series Airplanes [Docket No. 801(a)(1)(A); to the Committee on Transpor- 2120–AA64) received July 16, 2001, pursuant to 2001–NM–33–AD; Amendment 39–12280; AD tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on 2001–12–24] (RIN: 2120–AA64) received July 16, 3090. A letter from the Program Analyst, Transportation and Infrastructure. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- 3073. A letter from the Program Analyst, Committee on Transportation and Infra- mitting the Department’s final rule—Airport FAA, Department of Transportation, trans- structure. mitting the Department’s final rule—Air- 3082. A letter from the Program Analyst, Security [Docket No. FAA–2001–8724; for- worthiness Directives; Rolls-Royce Limited, FAA, Department of Transportation, trans- merly Docket No. 28979; Amendment No. 107– Areo Division-Bristol, S.N.E.C.M.A. Olympus mitting the Department’s final rule—Air- 13, 139–23] (RIN: 2120–AD46) received July 19, 593 Mk. 610–14–28 Turbofan Engines [Docket worthiness Directives; Airbus Model A310 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the No. 2000–NE–07–AD; Amendment 39–12310; AD and Model A300 B4–600, A300 B4–600R, and Committee on Transportation and Infra- 2001–13–28] (RIN: 2120–AA64) received July 16, A300 F4–600R (Collectively Called A300–600) structure. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the Series Airplanes [Docket No. 2000–NM–261– 3091. A letter from the Director, Office of Committee on Transportation and Infra- AD; Amendment 39–12297; AD 2001–13–16] Regulations Management, Department of structure. (RIN: 2120–AA64) received July 16, 2001, pur- Veterans’ Affairs, transmitting the Depart- 3074. A letter from the Program Analyst, suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s final rule—Rules of Practice: Medical FAA, Department of Transportation, trans- mittee on Transportation and Infrastruc- Opinions from the Veterans Health Adminis- mitting the Department’s final rule—Air- ture. tration (RIN: 2900–AK52) received July 18, worthiness Directives; Bombardier Model 3083. A letter from the Program Analyst, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the DHC–7 Series Airplanes [Docket No. 2000– FAA, Department of Transportation, trans- Committee on Veterans’ Affairs. NM–272–AD; Amendment 39–12266; AD 2001– mitting the Department’s final rule—Air- 3092. A letter from the Chief, Regulations 12–11] (RIN: 2120–AA64) received July 16, 2001, worthiness Directives; Boeing Model 757 Se- Unit, Internal Revenue Service, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ries Airplanes Equipped with Rolls Royce the Service’s final rule—Extension of Relief mittee on Transportation and Infrastruc- Engines [Docket No. 98–NM–271–AD; Amend- Relating to Application of Nondiscrimina- ture. ment 39–12296; AD 2001–13–15] (RIN: 2120– tion Rules for Certain Church Plans and 3075. A letter from the Program Analyst, AA64) received July 16, 2001, pursuant to 5 Governmental Plans [Notice 2001–46] received FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on July 17, 2001, pursuant to 5 U.S.C. mitting the Department’s final rule—Air- Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and worthiness Directives; Bell Helicopter Tex- 3084. A letter from the Program Analyst, Means. tron Canada Model 407 Helicopters [Docket FAA, Department of Transportation, trans- No. 2001–SW–02–AD; Amendment 39–12272; AD mitting the Department’s final rule—Air- 3093. A letter from the Assistant Secretary 2001–01–52 R1] (RIN: 2120–AA64) received July worthiness Directives; Gulfstream Model G– for Legislative Affairs, Department of State, 16, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to 1159, G–1159A, G–1159B, G–IV, and G–V Series transmitting certification that shrimp har- the Committee on Transportation and Infra- Airplanes [Docket No. 2001–NM–83–AD; vested with technology that may adversely structure. Amendment 39–12191; AD 2001–08–13] (RIN: affect certain sea turtles may not be im- 3076. A letter from the Program Analyst, 2120–AA64) received July 16, 2001, pursuant to ported into the United States unless the FAA, Department of Transportation, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on President makes specific certifications to mitting the Department’s final rule—Air- Transportation and Infrastructure. the Congress by May 1, pursuant to Public worthiness Directives; McDonnell Douglas 3085. A letter from the Program Analyst, Law 101—162, section 609(b)(2) (103 Sat. 1038); Model MD–90–30 Series Airplanes [Docket No. FAA, Department of Transportation, trans- jointly to the Committees on Resources and 2000–NM–323–AD; Amendment 39–12270; AD mitting the Department’s final rule—Air- Appropriations.

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\CR\FM\L25JY7.000 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4633 REPORTS OF COMMITTEES ON H.R. 2623. A bill to extend the deadline for By Ms. DUNN (for herself and Mr. PUBLIC BILLS AND RESOLUTIONS granting posthumous citizenship to individ- CRAMER): uals who die while on active-duty service in H.R. 2631. A bill to accelerate the repeal of Under clause 2 of rule XIII, reports of the Armed Forces; to the Committee on the the estate and generation-skipping transfer committees were delivered to the Clerk Judiciary. taxes and the reduction in the maximum gift for printing and reference to the proper By Mr. SCHIFF (for himself, Mr. TOM tax rate; to the Committee on Ways and calendar, as follows: DAVIS of Virginia, Mr. STUPAK, Mr. Means. By Mr. FOLEY (for himself, Mrs. Mr. WALSH: Committee on Appropria- SOUDER, Mr. FROST, Ms. JACKSON-LEE of Texas, Mr. LANTOS, Ms. MCKINNEY, CAPITO, and Mr. TERRY): tions. H.R. 2620. A bill making appropria- H.R. 2632. A bill to amend title XVIII of the tions for the Departments of Veterans Af- and Ms. ROYBAL-ALLARD): H.R. 2624. A bill to authorize the Attorney Social Security Act to provide Medicare fairs and Housing and Urban Development, beneficiaries with access to affordable out- and for sundry independent agencies, boards, General to make grants to honor, through permanent tributes, men and women of the patient prescription drugs; to the Committee commissions, corporations, and offices for on Energy and Commerce, and in addition to the fiscal year ending September 30, 2002, and United States who were killed or disabled while serving as law enforcement or public the Committee on Ways and Means, for a pe- for other purposes (Rept. 107–159). Referred riod to be subsequently determined by the to the Committee of the Whole House on the safety officers; to the Committee on the Ju- diciary. Speaker, in each case for consideration of State of the Union. such provisions as fall within the jurisdic- By Mr. HORN (for himself, Mr. FILNER, Mr. HANSEN: Committee on Resources. tion of the committee concerned. H.R. 2436. A bill to provide secure energy Mr. HONDA, and Ms. WATERS): H.R. 2625. A bill to amend the Higher Edu- By Mr. FRELINGHUYSEN (for himself, supplies for the people of the United States, cation Act of 1965 to eliminate consideration Mr. GRUCCI, Mrs. KELLY, Mr. HIN- and for other purposes; with an amendment of the amount of a student’s tuition in deter- CHEY, Mr. GILMAN, Mr. ACKERMAN, (Rept. 107–160 Pt. 1). mining the amount of a student’s basic Mr. KING, Mr. SANDERS, Mr. PALLONE, Mr. YOUNG of Florida: Committee on Ap- Mrs. ROUKEMA, Mrs. MCCARTHY of propriations. Report on the Revised Sub- grant; to the Committee on Education and the Workforce. New York, Mr. LAFALCE, Ms. allocation of Budget Allocations for Fiscal DELAURO, Mr. MCHUGH, Mr. Year 2002 (Rept. 107–161). Referred to the By Mr. BOEHLERT: H.R. 2626. A bill to authorize research, de- FOSSELLA, Mr. CROWLEY, Mr. WEINER, Committee of the Whole House on the State velopment, demonstration, and commercial Mr. BASS, Mr. PASCRELL, Mr. LARSON of the Union. of Connecticut, Mr. PAYNE, Mr. HOLT, Mr. TAUZIN: Committee on Energy and application activities relating to clean coal technologies, and for other purposes; to the Mr. SWEENEY, Mr. MCNULTY, Mr. Commerce. H.R. 2587. A bill to enhance en- FERGUSON, Mr. MENENDEZ, Mr. ROTH- ergy conservation, provide for security and Committee on Science. By Mr. CONYERS (for himself, Mrs. MAN, and Ms. VELAZQUEZ): diversity in the energy supply for the Amer- H.R. 2633. A bill to require the Secretary of CHRISTENSEN, Mr. BONIOR, Mrs. JONES ican people, and for other purposes; with an Veterans Affairs to replace with a more equi- of Ohio, Ms. SOLIS, Mr. DAVIS of Illi- amendment (Rept. 107–162 Pt. 1). Referred to table formula the current formula, known as nois, Ms. LEE, Ms. SCHAKOWSKY, Mr. the Committee of the Whole House on the the Veterans Equitable Resource Allocation State of the Union. THOMPSON of Mississippi, and Mr. (VERA), for the allocation of funds appro- RUSH): priated to the Department of Veterans Af- DISCHARGE OF COMMITTEE H.R. 2627. A bill to amend title XIX of the fairs for medical care to different geographic Pursuant to clause 2 of rule XII the Social Security Act to permit uninsured regions of the Nation, and for other purposes; Committees on Ways and Means, families and individuals to obtain coverage to the Committee on Veterans’ Affairs. Science, Transportation and Infra- under the Medicaid Program, to assure cov- By Mr. FRELINGHUYSEN (for himself, erage of doctor’s visits, prescription drugs, structure, the Budget and Education Mr. GRUCCI, Mrs. KELLY, Mr. HIN- mental health services, long-term care serv- and the Workforce discharged from fur- CHEY, Mr. GILMAN, Mr. ACKERMAN, ices, alcohol and drug abuse treatment serv- ther consideration of H.R. 2587. Mr. KING, Mr. SANDERS, Mr. PALLONE, ices, and all other medically necessary serv- Pursuant to clause 2 of rule XII the Mrs. ROUKEMA, Mrs. MCCARTHY of ices, and for other purposes; to the Com- New York, Mr. LAFALCE, Ms. Committee on Energy and Commerce mittee on Energy and Commerce. discharged from further consideration. DELAURO, Mr. MCHUGH, Mr. By Mr. CRAMER: FOSSELLA, Mr. CROWLEY, Mr. WEINER, H.R. 2628. A bill to direct the Secretary of H.R. 2436 referred to the Committee of Mr. BASS, Mr. PASCRELL, Mr. LARSON the Interior to conduct a study of the suit- the Whole House on the State of the of Connecticut, Mr. PAYNE, Mr. HOLT, ability and feasibility of establishing the Union and ordered to be printed. Mr. SWEENEY, Mr. MCNULTY, Mr. Muscle Shoals National Heritage Area in f FERGUSON, Mr. MENENDEZ, Mr. ROTH- Alabama, and for other purposes; to the MAN, Ms. VELAZQUEZ, Mrs. MALONEY TIME LIMITATION OF REFERRED Committee on Resources. of New York, and Mr. SAXTON): BILL By Mr. CRANE (for himself, Mrs. ROU- H.R. 2634. A bill to require the Secretary of KEMA, Mr. SNYDER, Mr. FERGUSON, Pursuant to clause 2 of rule XII the Veterans Affairs to modify the formula, Mrs. MCCARTHY of New York, Mr. known as the Veterans Equitable Resource following action was taken by the MCGOVERN, Mrs. MORELLA, Ms. HAR- Allocation (VERA) system, for the allocation Speaker: MAN, Mr. GREENWOOD, Mr. SHIMKUS, of funds appropriated to the Department of H.R. 2436. Referred to the Committee on Mr. HALL of Ohio, Mr. RUSH, and Ms. Veterans Affairs for medical care to different Energy and Commerce extended for a period SLAUGHTER): geographic regions of the Nation, and for ending not later than July 25, 2001. H.R. 2629. A bill to amend the Public other purposes; to the Committee on Vet- H.R. 2587. Referral to the Committees on Health Service Act to provide for research, erans’ Affairs. Ways and Means, Science, Transportation information, and education with respect to By Mr. GREEN of Texas: and Infrastructure, the Budget, and Edu- blood cancer; to the Committee on Energy H.R. 2635. A bill to amend the Personal Re- cation and the Workforce for a period ending and Commerce. sponsibility and Work Opportunity Rec- not later than July 25, 2001. By Mr. DINGELL (for himself, Mr. onciliation Act of 1996 to allow States and BROWN of Ohio, Mr. WAXMAN, Mr. localities to provide primary and preventive f STARK, Mr. GEPHARDT, Mr. ALLEN, care to all individuals; to the Committee on PUBLIC BILLS AND RESOLUTIONS Mr. BALDACCI, Mr. DOYLE, Mr. FRANK, Energy and Commerce. By Mr. KENNEDY of Rhode Island (for Under clause 2 of rule XII, public Mr. FROST, Mr. GREEN of Texas, Mr. MORAN of Virginia, Mr. MOORE, Mr. himself, Mr. GILMAN, Mr. GEORGE bills and resolutions were introduced PALLONE, Ms. SCHAKOWSKY, Ms. NOR- MILLER of California, Mr. KILDEE, Mr. and severally referred, as follows: TON, Mr. BLAGOJEVICH, Mr. RUSH, Mr. STRICKLAND, Mr. STARK, Mr. By Ms. HART (for herself and Ms. TOWNS, Mr. STRICKLAND, Mr. KLECZ- DEFAZIO, Mr. SANDERS, Mr. UDALL of BALDWIN): KA, Mr. BOUCHER, Mrs. CHRISTENSEN, New Mexico, Ms. JACKSON-LEE of H.R. 2621. A bill to amend title 18, United Mrs. THURMAN, Mr. ENGEL, Mr. Texas, Mr. OWENS, Ms. NORTON, Ms. States Code, with respect to consumer prod- TIERNEY, Mr. JOHN, Mr. MARKEY, Mr. MCKINNEY, Mr. MCGOVERN, Mr. uct protection; to the Committee on the Ju- WATT of North Carolina, Mr. OWENS, BONIOR, Ms. SCHAKOWSKY, Ms. SOLIS, diciary. Mr. WYNN, Mr. NADLER, Mrs. CAPPS, Mr. HILLIARD, Mr. FORD, Mrs. JONES By Mr. REYNOLDS: Mr. MCGOVERN, Mr. GEORGE MILLER of Ohio, Mr. CRAMER, Mr. LANGEVIN, H.R. 2622. A bill to prohibit the interstate of California, Mr. KILDEE, and Mr. Mr. TOM DAVIS of Virginia, Mr. transport of horses for the purpose of slaugh- JEFFERSON): FOLEY, Mr. CUMMINGS, Mr. SANDLIN, ter or horse flesh intended for human con- H.R. 2630. A bill to amend titles XIX and Mr. ABERCROMBIE, Mr. SCOTT, Mrs. sumption, and for other purposes; to the XXI of the Social Security Act to provide for MINK of Hawaii, Mr. BLAGOJEVICH, Committee on Agriculture. FamilyCare coverage for parents of enrolled Mr. MEEKS of New York, Mr. ALLEN, By Mr. MEEHAN (for himself, Mr. children, and for other purposes; to the Com- Mr. KUCINICH, Mr. REYES, Mr. CON- MCGOVERN, and Mr. FRANK): mittee on Energy and Commerce. YERS, Mr. FATTAH, and Ms. WATSON):

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H.R. 2636. A bill to establish a grant pro- sue donation and the Registry, and for other H.R. 481: Mr. NADLER. gram to promote emotional and social devel- purposes; to the Committee on Energy and H.R. 490: Mr. THOMPSON of Mississippi, Mr. opment and school readiness; to the Com- Commerce, and in addition to the Committee HYDE, Mr. GREENWOOD, Mr. TAYLOR of Mis- mittee on Education and the Workforce. on Ways and Means, for a period to be subse- sissippi, and Mr. SNYDER. By Mr. LOBIONDO (for himself, Mr. quently determined by the Speaker, in each H.R. 491: Mr. BROWN of South Carolina, Ms. CAPUANO, Mrs. BONO, Mr. BALDACCI, case for consideration of such provisions as MILLENDER-MCDONALD, Ms. LEE, and Mrs. Mr. SPRATT, Mr. REYES, Mr. DUNCAN, fall within the jurisdiction of the committee NAPOLITANO. and Mr. SPENCE): concerned. H.R. 527: Mr. FORBES, Mr. GRAHAM, and Mr. H.R. 2637. A bill to correct inequities in the By Mr. PLATTS: HALL of Texas. second round of empowerment zones and en- H.J. Res. 58. A joint resolution proposing H.R. 534: Mr. MOORE, Mr. WELLER, and Mr. terprise communities; to the Committee on an amendment to the Constitution of the BEREUTER. Financial Services, and in addition to the United States to limit the number of con- H.R. 632: Mr. TRAFICANT. Committee on Agriculture, for a period to be secutive terms that a Member of Congress H.R. 638: Mr. LEWIS of Georgia. subsequently determined by the Speaker, in may serve; to the Committee on the Judici- H.R. 664: Mr. BOSWELL and Mr. PETERSON of each case for consideration of such provi- ary. Minnesota. sions as fall within the jurisdiction of the By Mr. STEARNS (for himself and Mr. H.R. 677: Ms. KAPTUR, Ms. HART, and Mr. committee concerned. LEWIS of Georgia): HOSTETTLER. By Mr. MCKEON (for himself, Mr. BER- H. Con. Res. 197. Concurrent resolution ex- H.R. 742: Mr. BOUCHER, Ms. ESHOO, and Mr. MAN, Mr. PETERSON of Pennsylvania, pressing the sense of Congress regarding the LEACH. Mr. SANDLIN, Mrs. MORELLA, Mr. establishment of Chronic Obstructive Pul- H.R. 747: Mr. SHERMAN. FRANK, Mr. BOEHLERT, Mr. PAUL, Mr. monary Disease Awareness Month; to the H.R. 781: Mr. DINGELL. MITH MATSUI, Mr. STARK, Mrs. DAVIS of Committee on Government Reform. H.R. 836: Mr. S of Washington. H.R. 902: Mr. KUCINICH. California, Ms. LEE, Mr. BALDACCI, By Mr. MEEKS of New York (for him- H.R. 912: Mr. PLATTS. Mr. RUSH, Mr. ALLEN, Mr. FILNER, self, Mr. MENENDEZ, Mr. RANGEL, H.R. 917: Mr. SANDERS. Mr. LANTOS, Ms. LOFGREN, Mr. Mrs. CHRISTENSEN, Mr. HINCHEY, Mrs. H.R. 975: Mr. KENNEDY of Rhode Island. FROST, Mr. SHERMAN, Mr. BACA, Mr. CLAYTON, Mr. TOWNS, Mr. JACKSON of H.R. 1051: Mr. ISRAEL. SCHIFF, Mr. WAXMAN, Ms. WATERS, Illinois, Ms. MCKINNEY, Mr. CLAY, H.R. 1089: Mr. SHAW. Ms. WOOLSEY, Ms. ROYBAL-ALLARD, ROWN EEK Ms. B of Florida, Mrs. M of H.R. 1090: Mr. PRICE of North Carolina, Mr. Ms. SOLIS, Ms. WATSON, and Ms. USH ONES Florida, Mr. R , Mrs. J of PASTOR, Mr. LATOURETTE, and Ms. ROYBAL- ESHOO): AYNE YNN Ohio, Mr. P , Mr. W , Mr. ALLARD. H.R. 2638. A bill to amend title II of the So- OWENS, Mr. THOMPSON of Mississippi, H.R. 1097: Mr. FILNER. cial Security Act to repeal the Government Mr. FATTAH, Mr. HASTINGS of Florida, H.R. 1143: Mr. ANDREWS and Mr. HALL of pension offset and windfall elimination pro- Mr. ENGEL, Mr. FALEOMAVAEGA, Mrs. Ohio. visions; to the Committee on Ways and MALONEY of New York, and Mr. H.R. 1155: Mrs. DAVIS of California, Mr. Means. QUINN): REHBERG, Mr. SAWYER, Mr. THOMPSON of Mis- By Mr. PITTS (for himself, Mr. H. Con. Res. 198. Concurrent resolution ex- sissippi, Mr. SIMMONS, and Mr. LANGEVIN. SOUDER, Mr. KIND, Mr. PETERSON of pressing the sense of Congress regarding civil H.R. 1170: Mr. TIERNEY. Pennsylvania, Mr. FATTAH, Mr. unrest in Jamaica; to the Committee on H.R. 1254: Mr. BEREUTER. ENGLISH, Mr. GEKAS, and Mr. REG- International Relations. H.R. 1331: Mr. CLEMENT and Mr. SIMMONS. ULA): By Mr. RANGEL: H.R. 1361: Mr. BONIOR, Mr. FILNER, and Mr. H.R. 2639. A bill to amend the Fair Labor H. Con. Res. 199. Concurrent resolution ex- GONZALEZ. Standards Act of 1938 to permit certain pressing the sense of the Congress regarding H.R. 1382: Mr. PRICE of North Carolina. youth to perform certain work with wood the national nutrition program for the elder- H.R. 1388: Mr. GILCHREST. products; to the Committee on Education ly, on the occasion of the 30th anniversary of H.R. 1408: Mrs. NORTHUP and Ms. PRYCE of and the Workforce. its establishment; to the Committee on Edu- Ohio. By Mr. SERRANO (for himself and Mr. cation and the Workforce. H.R. 1464: Mr. HASTINGS of Florida. LEWIS of Georgia): By Mr. TIAHRT (for himself and Mr. H.R. 1465: Mr. SIMMONS. H.R. 2640. A bill to establish the Elie CHAMBLISS): H.R. 1487: Mr. ROHRABACHER. Wiesel Youth Leadership Congressional Fel- H. Con. Res. 200. Concurrent resolution ex- H.R. 1597: Mr. WAMP. lowship Program in the House of Representa- pressing the sense of Congress in opposition H.R. 1645: Mr. MOLLOHAN, Mr. SMITH of tives, and for other purposes; to the Com- to the retirement of 33 B–1 Lancer aircraft as Washington, and Ms. MCCARTHY of Missouri. mittee on House Administration. proposed by the Air Force; to the Committee H.R. 1700: Ms. WOOLSEY, Mr. FATTAH, and By Mr. STARK: on Armed Services. Mr. COOKSEY. H.R. 2641. A bill to amend the Internal Rev- By Mr. FROST: H.R. 1707: Mr. BLUMENAUER. enue Code of 1986 to deny any deduction for H. Res. 207. A resolution designating mi- H.R. 1718: Mr. MOLLOHAN, Mr. ROTHMAN, certain gifts and benefits provided to physi- nority memebership on certain standing Mr. KANJORSKI, Ms. BERKLEY, Mr. JOHN, Mr. cians by prescription drug manufacturers; to committees of the House; considered and BERRY, and Mr. DICKS. the Committee on Ways and Means. agreed to. H.R. 1733: Mr. MOLLOHAN and Mr. By Mr. UPTON (for himself and Mr. By Ms. BROWN of Florida: PASCRELL. STUPAK): H. Res. 208. A resolution expressing the H.R. 1774: Ms. ROS-LEHTINEN. H.R. 2642. A bill to establish a National sense of the House of Representatives that a H.R. 1822: Mr. STRICKLAND and Mr. LAHOOD. Commission on Farmworkers and Federal postage stamp should be issued in honor of H.R. 1891: Mr. NETHERCUTT. Health Coverage to study the problems of Zora Neale Hurston; to the Committee on H.R. 1895: Mr. WHITFIELD. farmworkers under the Medicaid Program Government Reform. H.R. 1975: Mr. INSLEE, Mr. DEMINT, and Mr. and the State children’s health insurance f GILLMOR. program (SCHIP); to the Committee on En- H.R. 1990: Ms. ESHOO. ergy and Commerce. ADDITIONAL SPONSORS H.R. 1997: Mr. HOYER. By Mr. WU (for himself, Mr. BAIRD, and Under clause 7 of rule XII, sponsors H.R. 2001: Mr. YOUNG of Alaska. Mr. SOUDER): H.R. 2081: Ms. HART. H.R. 2643. A bill to authorize the aquisition were added to public bills and resolu- H.R. 2096: Mr. GARY G. MILLER of Cali- of additional lands for inclusion in the Fort tions as follows: fornia, Mr. CHABOT, Mr. WELLER, and Mr. Clatsop National Memorial in the State of H.R. 25: Mrs. MALONEY of New York. KERNS. Oregon, and for other purposes; to the Com- H.R. 133: Mr. ABERCROMBIE. H.R. 2117: Mr. FORD, Mr. GRAHAM, and Mrs. mittee on Resources. H.R. 134: Mr. UNDERWOOD and Mr. EVANS. LOWEY. By Mr. YOUNG of Alaska (for himself, H.R. 179: Mr. BURTON of Indiana. H.R. 2122: Mr. BEREUTER. Mr. HAYWORTH, Mr. CAMP, and Mr. H.R. 292: Ms. MILLENDER-MCDONALD, Mr. H.R. 2123: Mr. EHRLICH and Mr. GRAVES. CANNON): ACKERMAN, Mr. FROST, Mr. MCNULTY, and H.R. 2125: Mrs. MINK of Hawaii. H.R. 2644. A bill to make technical amend- Ms. WOOLSEY. H.R. 2138: Ms. WATSON. ments to the Indian Child Welfare Act of H.R. 293: Mr. UDALL of Colorado. H.R. 2158: Ms. BERKELY. 1978; to the Committee on Resources. H.R. 303: Mr. ISSA. H.R. 2164: Ms. HART. By Mr. BOSWELL: H.R. 326: Mr. KIRK. H.R. 2166: Mr. MCDERMOTT. H.R. 2645. A bill to amend the Public H.R. 331: Mr. SCHAFFER and Mr. BROWN of H.R. 2174: Mr. SNYDER and Mr. KUCINICH. Health Service Act to establish a National South Carolina. H.R. 2175: Mr. KERNS, Mr. PLATTS, and Mr. Organ and Tissue Donor Registry that works H.R. 397: Mr. PLATTS, Mr. LOBIONDO, Mr. KILDEE. in conjunction with State organ and tissue HONDA, Mr. RUSH, Mr. CLYBURN, Mrs. DAVIS H.R. 2177: Mr. CARSON of Oklahoma, Mr. donor registries, to create a public-private of California, Mr. BOSWELL, Ms. BROWN of ISTOOK, and Mr. ROHRABACHER. partnership to launch an aggressive outreach Florida, Mr. DAVIS of Illinois, and Ms. KAP- H.R. 2181: Mrs. MINK of Hawaii, Mr. LARSEN and education campaign about organ and tis- TUR. of Washington, and Mr. BACA.

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H.R. 2220: Mr. HEFLEY and Mr. FRANK. H.R. 2620 the aggregate dollar amount, insert the fol- H.R. 2263: Ms. ESHOO. OFFERED BY: MR. KLECZKA lowing: ‘‘(increased by $5,900,000)’’. H.R. 2281: Mr. RANGEL, Mr. WATT of North AMENDMENT NO. 3: At the end of title I, in- H.R. 2620 Carolina, Mr. MATSUI, and Mr. THOMPSON of sert the following new section: OFFERED BY: MR. ROEMER Mississippi. SEC. ll. (a) AUTHORITY OF DEPARTMENT OF AMENDMENT NO. 5: At the end of the bill H.R. 2294: Mr. PRICE of North Carolina and VETERANS AFFAIRS PHARMACIES TO DISPENSE (before the short title), insert the following: Mr. ABERCROMBIE. MEDICATIONS TO VETERANS ON PRESCRIPTIONS INK OF AWAII H.R. 2302: Mrs. M H . WRITTEN BY PRIVATE PRACTITIONERS.—Sub- SEC. ll. None of the funds made available H.R. 2308: Mr. HUTCHINSON. section (d) of section 1712 of title 38, United in this Act may be used by the National Aer- H.R. 2315: Mr. BURTON of Indiana. States Code, is amended to read as follows: onautics and Space Administration— H.R. 2354: Mr. GILMAN. ‘‘(d) Subject to section 1722A of this title, (1) to obligate amounts for the Inter- H.R. 2364: Mr. KENNEDY of Rhode Island, the Secretary shall furnish to a veteran such national Space Station in contravention of Mr. MOLLOHAN, and Mr. MATSUI. drugs and medicines as may be ordered on the cost limitations established by section H.R. 2375: Ms. SLAUGHTER, Mr. MCGOVERN, prescription of a duly licensed physician in 202 of the National Aeronautics and Space Mr. PASCRELL, Mr. FORD, Mr. MARKEY, Mr. the treatment of any illness or injury of the Administration Authorization Act of 2000 TIERNEY, and Mr. SAWYER. veteran.’’. (Pub. L. 106–391; 42 U.S.C. 2451 note); or H.R. 2410 : Mr. STEARNS. (b) CLERICAL AMENDMENTS.—(1) The head- (2) to defer or cancel construction of the H.R. 2417: Mrs. BONO. ing of such section is amended by striking Habitation Module, Crew Return Vehicle, or H.R. 2453: Mr. EHRLICH. the sixth through ninth words. Propulsion Module elements of the Inter- H.R. 2487: Mr. DAVIS of Ilinois. (2) The item relating to that section in the national Space Station. H.R. 2550: Mr. KNOLLENBERG, Mr. table of sections at the beginning of chapter H.R. 2620 MCDERMOTT, and Mrs. THURMAN. 17 of that title is amended by striking the OFFERED BY: MRS. CAPPS H.R. 2558: Mr. GUTKNECHT. sixth through ninth words. H.R. 2560: Mr. COSTELLO and Mr. RUSH. H.R. 2620 AMENDMENT NO. 6: In title III, in the item H.R. 2563: Mr. SCHIFF, Mr. RAHALL, and relating to ‘‘FEDERAL EMERGENCY MANAGE- OFFERED BY: MR. ROEMER Mrs. LOWEY. MENT AGENCY—EMERGENCY PLANNING AND H.R. 2592: Ms. BALDWIN. AMENDMENT NO. 4: In the item relating to ASSISTANCE’’, strike the period at the end H.R. 2605: Mr. ABERCROMBIE. ‘‘DEPARTMENT OF VETERANS AF- and insert the following: FAIRS—VETERANS HEALTH ADMINISTRA- H.J. Res. 6: Mr. GRUCCI. : Provided, That of the funds made available TION—MEDICAL AND PROSTHETIC RESEARCH’’, H. Con. Res. 17: Mr. WEINER. under this heading, $25,000,000 shall be avail- after the aggregate dollar amount, insert the H. Con. Res. 77: Ms. SCHAKOWKY, Mr. able for purposes of predisaster hazard miti- following: ‘‘(increased by $10,000,000)’’. BROWN of Ohio, Ms. ESCHOO, Mr. GUTIERREZ, gation pursuant to section 203 of the Robert In the item relating to ‘‘DEPARTMENT Mr. KUCINICH, Mr. HINCHEY, and Mr. SCOTT. T. Stafford Disaster Relief and Emergency OF VETERANS AFFAIRS—DEPARTMENTAL H. Con. Res. 131: Mr. GILMAN, Mr. SHIMKUS, Assistance Act (42 U.S.C. 5133). Mr. BLAGOJEVICH, Mr. TERRY, Ms. SLAUGH- ADMINISTRATION—GENERAL OPERATING EX- TER, Mr. HOEFFEL, Mr. KNOLLENBERG, and PENSES’’, after the aggregate dollar amount, H.R. 2620 Mr. MCGOVERN. insert the following: ‘‘(increased by OFFERED BY: MRS. CAPPS $56,000,000)’’. H. Con. Res. 164: Mr. FILNER. AMENDMENT NO. 7: In title III, in the item In the item relating to ‘‘DEPARTMENT H. Con. Res. 178: Ms. ROS-LEHTINEN. relating to ‘‘ENVIRONMENTAL PROTECTION OF VETERANS AFFAIRS—DEPARTMENTAL H. Con. Res. 188: Mr. KILDEE, Ms. ROYBAL- AGENCY—ENVIRONMENTAL PROGRAMS AND ADMINISTRATION—CONSTRUCTION, MINOR ALLARD, Mr. ANDREWS, Mr. BOSWELL, Mr. MANAGEMENT’’, after the last dollar amount, PROJECTS’’, after the aggregate dollar PETRI, Mr. ALLEN, Mr. UDALL of New Mexico, insert the following: ‘‘(reduced by amount, insert the following: ‘‘(increased by Mr. BONIOR, Mr. TERRY, Mr. DEFAZIO, and $7,200,000)’’. $10,000,000)’’. Ms. JACKSON-LEE of Texas. In title III, in the item relating to ‘‘ENVI- H. Con. Res. 195: Mr. SMITH of New Jersey, In the item relating to ‘‘DEPARTMENT OF VETERANS AFFAIRS—DEPARTMENTAL RONMENTAL PROTECTION AGENCY—LEAKING and Ms. ESHOO. UNDERGROUND STORAGE TANK TRUST FUND’’, H. Res. 132: Mr. TIERNEY and Mr. FRANK. ADMINISTRATION—GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES’’, after after the last dollar amount, insert the fol- H. Res. 133: Mrs. TAUSCHER, Mr. SHAYS, Mr. lowing: ‘‘(increased by $7,200,000)’’. FROST, Mr. STRICKLAND, Mr. LEACH, Ms. the aggregate dollar amount, insert the fol- LOFGREN, Mrs. KELLY, Ms. KILPATRICK, Mr. lowing: ‘‘(increased by $30,000,000)’’. H.R. 2620 CONYERS, Mr. ENGEL, and Mr. UDALL of Colo- In the item relating to ‘‘NATIONAL AERO- OFFERED BY: MR. DAVIS OF ILLINOIS NAUTICS AND SPACE ADMINISTRATION—HUMAN rado. MENDMENT O SPACE FLIGHT’’, after the aggregate dollar A N . 8: In title II, in the item f amount in the first paragraph, insert the fol- relating to ‘‘PUBLIC AND INDIAN HOUSING— PUBLIC HOUSING CAPITAL FUND’’, after the ag- AMENDMENTS lowing: ‘‘(reduced by ø$1,831,300,000,00¿) (in- creased by $300,000,000)’’. gregate dollar amount insert the following: Under clause 8 of rule XVIII, pro- In the item relating to ‘‘NATIONAL AERO- ‘‘(reduced by $1,265,000)’’. posed amendments were submitted as NAUTICS AND SPACE ADMINISTRATION—HUMAN In title II, in the item relating to ‘‘PUBLIC follows: SPACE FLIGHT’’, after the aggregate dollar AND INDIAN HOUSING—REVITALIZATION OF SE- VERELY DISTRESSED PUBLIC HOUSING (HOPE H.R. 2620 amount specified in the second paragraph for the development of a crew return vehicle, in- VI)’’, after the aggregate dollar amount in- OFFERED BY: MR. ANDREWS sert the following: ‘‘(reduced by sert the following: ‘‘(increased by AMENDMENT NO. 1: At the end of the bill ø$275,000,000¿)’’. $100,000,000)’’. (before the short title), insert the following: In the item relating to ‘‘NATIONAL AERO- H.R. 2620 SEC. ll. For an additional amount for the NAUTICS AND SPACE ADMINISTRATION— OFFERED BY: MR. DAVIS OF ILLINOIS Environmental Protection Agency for grants SCIENCE, AERONAUTICS AND TECHNOLOGY’’, for the Drinking Water State Revolving after the aggregate dollar amount, insert the AMENDMENT NO. 9: At the end of title II, in- Funds under section 1452 of the Safe Drink- following: ‘‘ø(reduced by $343,600,000)¿ (in- sert the following new section: ing Water Act (42 U.S.C. 300j–12) for State ex- creased by $290,000,000) (increased by SEC. 2ll. For carrying out the Public and penses of formulating source water assess- $20,000,000) (increased by $6,000,000) (increased Assisted Housing Drug Elimination Act of ment programs under section 1453 of such by $49,000,000)’’. 1990 (42 U.S.C. 11901 et seq.), and the aggre- Act, and the amount otherwise provided in In the item relating to ‘‘NATIONAL SCIENCE gate amount otherwise provided in by this this Act for ‘‘Department of Housing and FOUNDATION—RESEARCH AND RELATED ACTIVI- title for ‘‘PUBLIC AND INDIAN HOUSING—PUB- Urban Development—Management and Ad- TIES’’, after the aggregate dollar amount, in- LIC HOUSING CAPITAL FUND’’ is hereby reduced ministration—Salaries and Expenses’’ is sert the following: ‘‘(increased by by, $100,000,000. hereby reduced by, $85,000,000. $405,000,000)’’. H.R. 2620 H.R. 2620 In the item relating to ‘‘NATIONAL SCIENCE OFFERED BY: MR. EVANS FOUNDATION—MAJOR RESEARCH FACILITIES OFFERED BY: MR. ANDREWS CONSTRUCTION AND EQUIPMENT’’, after the ag- AMENDMENT NO. 10: In title I, in the para- AMENDMENT NO. 2: In title III, in the item gregate dollar amount, insert the following: graph under the heading ‘‘VETERANS HEALTH relating to ‘‘CONSUMER PRODUCT SAFETY ‘‘(increased by $62,000,000)’’. ADMINISTRATION—MEDICAL CARE’’, after the COMMISSION—SALARIES AND EXPENSES’’, in- In the item relating to ‘‘NATIONAL SCIENCE first dollar amount, insert the following: sert before the period at the end the fol- FOUNDATION—EDUCATION AND HUMAN RE- ‘‘(increased by $1,200,000,000)’’. lowing: SOURCES’’, after the aggregate dollar In title III, under the heading ‘‘NATIONAL : Provided, That, of the amount provided amount, insert the following: ‘‘(increased by AERONAUTICS AND SPACE ADMINISTRATION— under this heading for nonsalary expenses, $34,700,000)’’. HUMAN SPACE FLIGHT’’, after the dollar $2,500,000 shall not be available for obligation In the item relating to ‘‘NATIONAL SCIENCE amount, insert the following: ‘‘(reduced by until June 1, 2002 FOUNDATION—SALARIES AND EXPENSES’’, after $1,520,000,000)’’.

VerDate 25-JUL-2001 05:05 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.044 pfrm01 PsN: H25PT1 H4636 CONGRESSIONAL RECORD — HOUSE July 25, 2001 H.R. 2620 following: ‘‘(reduced by $25,000,000) (increased Shelter Plus Care program, as authorized OFFERED BY: MR. EVANS by $25,000,000)’’. under subtitle F of Title IV of the McKinney- Vento Homeless Assistance Act, as amended, AMENDMENT NO. 11: At the end of the bill, H.R. 2620 $100,000,000, to remain available until ex- insert after the last section (preceding the OFFERED BY: MR. NADLER pended: Provided, That each Shelter Plus short title) the following new section: AMENDMENT NO. 17: In title I, in the item Care project with an expiring contract shall SEC. ll. None of the funds provided by relating to ‘‘DEPARTMENTAL ADMINISTRA- be eligible for renewal only if the project is this Act may be used for the purpose of im- TION—GRANTS FOR CONSTRUCTION OF STATE determined to be needed under the applicable plementing any administrative proposal that EXTENDED CARE FACILITIES’’, after the first continuum of care and meets appropriate would require military retirees to make an dollar amount insert the following: ‘‘(in- program requirements and financial stand- ‘‘irrevocable choice’’ for any specified period creased by $4,806,000)’’. ards, as determined by the Secretary.’’ of time between Department of Veterans Af- In title II, in the item relating to ‘‘PUBLIC In Title III, ‘‘ENVIRONMENTAL PROTEC- fairs or military health care under the new AND INDIAN HOUSING—HOUSING CERTIFICATE TION AGENCY, ENVIRONMENTAL PROGRAMS TRICARE for Life plan authorized in the FUND’’, after the aggregate dollar amount in- AND MANAGEMENT’’: Floyd D. Spence National Defense Authoriza- sert the following: ‘‘(increased by In the paragraph entitled ‘‘Environmental tion Act for Fiscal Year 2001 (as enacted into $195,194,000)’’. Programs and Management’’, strike law by Public 106–398). In title II, in the item relating to ‘‘PUBLIC ‘‘$2,014,799,000’’ and insert ‘‘$2,021,799,000 in H.R. 2620 AND INDIAN HOUSING—HOUSING CERTIFICATE lieu thereof’’. FUND’’, after the seventh dollar amount (re- At the end of the paragraph entitled ‘‘En- OFFERED BY: MR. FRELINGHUYSEN lating to incremental vouchers), insert the vironmental Programs and Management’’, AMENDMENT NO. 12: At the end of the bill, following: ‘‘(increased by $195,194,000)’’. insert: after the last section (before the short title) In title II, in the item relating to ‘‘PUBLIC ‘‘: Provided further, That the on-board staff- insert the following new section: AND INDIAN HOUSING—HOUSING CERTIFICATE ing level of the Office of Enforcement and SEC. ll. None of the funds made available FUND’’, after the eighth dollar amount (relat- Compliance Assistance shall be maintained in this Act may be used by the Department ing to amounts made available on a fair at not less than the level authorized for this of Veterans Affairs to implement or admin- share basis), insert the following: ‘‘(increased Office as of December 31, 2000’’. ister the Veterans Equitable Resource Allo- by $144,762,000)’’. In Title III, CORPORATION FOR NATIONAL cation system. In title II, in the item relating to ‘‘PUBLIC AND COMMUNITY SERVICE’’: H.R. 2620 AND INDIAN HOUSING—HOUSING CERTIFICATE Strike the paragraph following the center OFFERED BY: MR. GUTIERREZ FUND’’, after the ninth dollar amount (relat- head entitled ‘‘National and Community ing to amounts made available to nonelderly Service Programs, Operating Expenses’’ and AMENDMENT NO. 13: In title I, in the para- disabled families), insert the following: ‘‘(in- insert the following new section: graph under the heading ‘‘VETERANS HEALTH creased by $50,432,000)’’. ‘‘(INCLUDING TRANSFER OF FUNDS) ADMINISTRATION—MEDICAL AND PROSTHETIC In title II, in the item relating to ‘‘COMMU- RESEARCH’’, after the dollar amount, insert ‘‘For necessary expenses for the Corpora- NITY PLANNING AND DEVELOPMENT—HOME IN- tion for National and Community Service the following: ‘‘(increased by $24,000,000)’’. VESTMENT PARTNERSHIPS PROGRAM’’, after the In title III, under the heading ‘‘NATIONAL (the ‘‘Corporation’’) in carrying out pro- aggregate dollar amount insert the fol- grams, activities, and initiatives under the AERONAUTICS AND SPACE ADMINISTRATION— lowing: ‘‘(reduced by $200,000,000)’’. HUMAN SPACE FLIGHT’’, after the dollar National and Community Service Act of 1990 In title II, in the item relating to ‘‘COMMU- (the ‘‘Act’’) (42 U.S.C. 12501 et seq.), amount, insert the following: ‘‘(reduced by NITY PLANNING AND DEVELOPMENT—HOME IN- $24,000,000)’’. $311,000,000, to remain available until Sep- VESTMENT PARTNERSHIPS PROGRAM’’, after the tember 30, 2003: Provided, That not more than H.R. 2620 second dollar amount (relating to the Down- 450,000,000, to remain available without fiscal OFFERED BY: MR. HOLT payment Assistance Initiative) insert the year limitation, shall be transferred to the following: ‘‘(reduced by $200,000,000)’’. AMENDMENT NO. 14: At the end of the bill, National Service Trust account for edu- insert after the last section (preceding the H.R. 2620 cational awards authorized under subtitle D short title) the following: OFFERED BY: MR. OBEY of title I of the Act (42 U.S.C. 12601 et seq.).’’. SEC. ll. The Director of the Federal AMENDMENT NO. 18. At the end of the bill, H.R. 2620 Emergency Management Agency may here- insert the following new section: OFFERED BY: MR. PALLONE after provide assistance under section 33 of ‘‘SEC. 427. Paragraph (2) of section 1(i) of AMENDMENT NO. 19: In the item relating to the Federal Fire Prevention and Control Act the Internal Revenue Code of 1986 (relating ‘‘ENVIRONMENTAL PROTECTION AGENCY—ENVI- of 1974, as added by Public Law 106–398 (15 to reductions in rates after June 30, 2001), is RONMENTAL PROGRAMS AND MANAGEMENT’’, U.S.C. 2229) to non-profit emergency medical amended by adding after the table the fol- after the aggregate dollar amount, insert the service units and non-profit ambulance serv- lowing: following: ‘‘(reduced by $3,000,000)’’. ices, even if such units and services are inde- ‘‘In the case of taxable years beginning In the item relating to ‘‘ENVIRONMENTAL pendent and do not fall organizationally during calendar year 2002, the preceding PROTECTION AGENCY—STATE AND TRIBAL AS- under the auspices of fire departments. table shall be applied by substituting ‘39.1%’ SISTANCE GRANTS’’, after the 1st and 7th dol- H.R. 2620 for ‘38.6%’.’’ lar amounts, insert the following: ‘‘(in- In Title I, ‘‘DEPARTMENT OF VET- OFFERED BY: MR. LAFALCE creased by $3,000,000)’’. ERANS AFFAIRS, VETERANS HEALTH ADMIN- H.R. 2620 AMENDMENT NO. 15: In title II, in the item ISTRATION’’: relating to ‘‘COMMUNITY PLANNING AND DE- In the paragraph ‘‘Medical Care’’, strike OFFERED BY: MR. ROEMER VELOPMENT—HOME INVESTMENT PARTNERSHIPS ‘‘$21,281,587,000’’ and insert ‘‘$21,581,587,000’’ AMENDMENT No. 20: In title III, under the PROGRAM’’, after the aggregate dollar in lieu thereof. heading ‘‘NATIONAL AERONAUTICS AND SPACE amount, insert the following: ‘‘(reduced by In Title II, ‘‘DEPARTMENT OF HOUSING ADMINISTRATION’’, before the item relating to $100,000,000)’’. AND URBAN DEVELOPMENT, PUBLIC HOUS- ‘‘OFFICE OF INSPECTOR GENERAL’’, insert the In title II, in the item relating to ‘‘COMMU- ING CAPITAL FUND’’: following: NITY PLANNING AND DEVELOPMENT—HOME IN- In the paragraph entitled ‘‘Public Housing REDUCTION OF AMOUNTS FOR INTERNATIONAL VESTMENT PARTNERSHIPS PROGRAM’’, after the Capital Fund’’, strike ‘‘$2,555,000,000’’ and in- SPACE STATION dollar amount specified for the Downpay- sert ‘‘$2,822,000,000’’ in lieu thereof. The amounts otherwise provided in this ment Assistance Initiative, insert the fol- In Title II, ‘‘DEPARTMENT OF HOUSING title for the following accounts and activi- lowing: ‘‘(reduced by $100,000,000)’’. AND URBAN DEVELOPMENT, RURAL HOUS- ties are hereby reduced by the following In title II, in the item relating to ‘‘COMMU- ING’’: amounts: NITY PLANNING AND DEVELOPMENT—HOMELESS After the paragraph entitled ‘‘Housing Op- (1) ‘‘Human Space Flight’’, the aggregate ASSISTANCE GRANTS’’, after the aggregate dol- portunities for Persons with AIDS’’ insert amount specified in the first paragraph of lar amount, insert the following: ‘‘(increased the following new paragraph: such account, $1,531,300,000. by $122,600,000)’’. ‘‘RURAL HOUSING AND ECONOMIC (2) ‘‘Human Space Flight’’, the amount In title II, in the item relating to ‘‘MAN- DEVELOPMENT specified in the second paragraph of such ac- AGEMENT AND ADMINISTRATION—SALARIES AND ‘‘For the Office of Rural Housing and Eco- count for the development of a crew return EXPENSES’’, after the aggregate dollar nomic Development, $25,000,000.’’ vehicle, $275,000,000. amount, insert the following: ‘‘(reduced by In Title II, ‘‘DEPARTMENT OF HOUSING (3) ‘‘Science, Aeronautics and Tech- $22,600,000)’’. AND URBAN DEVELOPMENT:’’ nology’’, the aggregate amount, $343,600,000. H.R. 2620 After the paragraph entitled ‘‘Homeless H.R. 2620 OFFERED BY: MR. MENENDEZ Assistance Grants: insert the following new OFFERED BY: MR. SMITH section: AMENDMENT NO. 16: In the item relating to AMENDMENT NO. 21: In the item relating to ‘‘ENVIRONMENTAL PROTECTION AGENCY—ENVI- ‘‘SHELTER PLUS CARE RENEWALS ‘‘NATIONAL SCIENCE FOUNDATION—SAL- RONMENTAL PROGRAMS AND MANAGEMENT’’, ‘‘For the renewal on an annual basis or ARIES AND EXPENSES’’, insert before the pro- after the aggregate dollar amount, insert the amendment of contracts funded under the viso the following:

VerDate 25-JUL-2001 05:50 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.054 pfrm01 PsN: H25PT1 July 25, 2001 CONGRESSIONAL RECORD — HOUSE H4637 , of which not less than $580,000 shall be amount specified for Youthbuild program ac- SEC. 427. DISASTER RELIEF FOR ECONOMIC available for experienced scientific construc- tivities, insert the following: ‘‘(increased by HARDSHIPS CAUSED BY APPLICA- tion management professionals $10,000,000)’’. TION OF ENDANGERED SPECIES ACT. H.R. 2620 In title II, in the item relating to ‘‘MAN- AGEMENT AND ADMINISTRATION—SALARIES AND OFFERED BY: MS. VELAZQUEZ Section 102(2) of the Robert T. Stafford EXPENSES’’, after the aggregate dollar Disaster Relief and Emergency Assistance AMENDMENT NO. 22: In title II, in the item amount, insert the following: ‘‘(reduced by Act (42 U.S.C. 5122(2)) is amended by adding relating to ‘‘COMMUNITY PLANNING AND DE- $10,000,000)’’. at the end the following: ‘‘Such term also in- VELOPMENT—COMMUNITY DEVELOPMENT H.R. 2620 FUND’’, after the aggregate dollar amount, cludes any application of the Endangered insert the following: ‘‘(increased by OFFERED BY: MR. WALDEN OF OREGON Species Act of 1973 (16 U.S.C. 1531 et seq.) $10,000,000)’’. AMENDMENT NO. 23: Insert before the undes- which, in determination of the President, In title II, in the item relating to ‘‘COMMU- ignated paragraph at the end of the bill that causes economic hardship of sufficient sever- NITY PLANNING AND DEVELOPMENT—COMMU- contains the short title for the bill the fol- ity and magnitude to warrant major disaster NITY DEVELOPMENT FUND’’, after the dollar lowing: assistance under this Act.’’.

VerDate 25-JUL-2001 03:53 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\CR\FM\A25JY7.057 pfrm01 PsN: H25PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, WEDNESDAY, JULY 25, 2001 No. 105 Senate The Senate met at 9 a.m. and was APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- called to order by the Presiding Offi- PRESIDENT PRO TEMPORE pore. Without objection, it is so or- cer, the Honorable HILLARY RODHAM The PRESIDING OFFICER. The dered. CLINTON, a Senator from the State of clerk will read a communication to the f New York. Senate from the President pro tempore SCHEDULE (Mr. BYRD). PRAYER The assistant legislative clerk read Mr. REID. Madam President, there The Chaplain, Dr. Lloyd John the following letter: will be 1 hour of morning business today, with the first 30 minutes under Ogilvie, offered the following prayer: U.S. SENATE, the control of Senator HUTCHISON. For God of Hope, fill us with Your Spirit PRESIDENT PRO TEMPORE, of hope so that we may be positive Washington, DC, July 25, 2001. the second 30 minutes, Senator DURBIN communicators of hope to the people To the Senate: will speak from 9:30 to approximately around us and in the ongoing business Under the provisions of rule I, paragraph 3, 9:45. The final 15 minutes of the major- of the Standing Rules of the Senate, I hereby of the Senate. Bless the Senators with ity’s time will be consumed by Senator appoint the Honorable HILLARY RODHAM WELLSTONE. a fresh draught of dynamic hope. May CLINTON, a Senator from the State of New their hope be more than wishing, Shortly after 10 a.m., the Senate will York, to perform the duties of the Chair. resume consideration of the Transpor- yearning, or surface optimism but hope ROBERT C. BYRD, tation Appropriations Act. The major- that has its source and strength in President pro tempore. ity leader has indicated there will be Your faithfulness. You gave birth to Mrs. CLINTON thereupon assumed the American dream, You watched over rollcall votes on amendments or other the chair as Acting President pro tem- matters throughout the day. our growth as a nation with Your pore. providential care, and You intervened In addition, as the leader announced f in crises and strife to turn our strug- last night, the Senate will likely con- gles into stepping stones toward Your RESERVATION OF LEADER TIME sider several Executive Calendar nomi- nations and S. 1218, the Iran-Libya vision of a nation of righteousness, jus- The ACTING PRESIDENT pro tem- tice, and opportunity. We have every sanctions bill. As a foundation from pore. Under the previous order, the the prayer of the Chaplain where he reason to be hopeful as we deal with leadership time is reserved. the momentous and mundane issues said we should go forward with zest, this day will dish out. Give the Sen- f verve, and vitality, I am not sure I can ators the zest, verve, and vitality of MORNING BUSINESS define each of those, but they sound really good. I hope we can move for- authentic hope today. For them and all The ACTING PRESIDENT pro tem- of us who work with or for them, we ward expeditiously and complete our pore. Under the previous order, there work prior to the target adjournment pray that You will hope through us, will now be a period for the transaction God of Hope. Only then can we experi- next Friday—a week from this Friday. of morning business not to extend be- The ACTING PRESIDENT pro tem- ence the deep wells and living streams yond the hour of 10 a.m., with Senators of true hope for everyone and every pore. The Senator from Texas is recog- permitted to speak therein for up to 10 nized for 30 minutes. problem, every circumstance and every minutes each. situation. With vibrant hope we press f f on with expectation and enthusiasm. TAX REBATES Amen. RECOGNITION OF THE ACTING Mrs. HUTCHISON. Madam President, MAJORITY LEADER I rise today to talk about the tax re- f The Senator from Nevada is recog- bate checks that started going in the nized. mail this very week. In fact, I have al- PLEDGE OF ALLEGIANCE f ready talked to someone who has re- The Honorable HILLARY RODHAM ceived a tax rebate. It made me feel so ORDER OF PROCEDURE CLINTON led the Pledge of Allegiance, good to know that something we have as follows: Mr. REID. Madam President, I ask worked so long to do and so hard to do I pledge allegiance to the Flag of the unanimous consent that the minority is now beginning to reach the Amer- United States of America, and to the Repub- have their full 30 minutes this morning ican people. lic for which it stands, one nation under God, and that the majority also have their I think it is a very timely oppor- indivisible, with liberty and justice for all. full 30 minutes. tunity for the American people to have

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

S8147

. S8148 CONGRESSIONAL RECORD — SENATE July 25, 2001 a little extra money in their pocket- gone down 1 percent. So less is being Act of 2001 on June 7, and we are seeing books, to be able to do some of the taken out of their paycheck. They will literally the checks in the mail. It is a things that maybe they weren’t going be paying fewer taxes next year and change from the old laugh lines from to be able to do, and also, hopefully, to every year for the next 10 years. the Federal Government: I am here to help spur this economy that is cer- Over the next 10 years, we will gradu- help you, and the check is in the mail. tainly in a stagnant phase. ally decrease the marriage tax penalty. This time we are from the Federal Gov- We are very excited that July 23 is This is a tax that hits married couples ernment, the checks are in the mail, the week that the first set of checks go where there are two working spouses but we are returning your money. This out. They will be going out between and they pay more in taxes because of is not somebody else’s money you are now and the end of September. And ev- a quirk in the Tax Code, and we are getting. eryone who paid taxes last year will re- eliminating that quirk or at least we This act provides the largest tax cut ceive a rebate. If you paid taxes and are whittling it away. We have not to- to the American people since 1981, and you are a single person, you will re- tally eliminated it, but hopefully we not a moment too soon given the eco- ceive $300. If you paid $300, you will re- will get to do that someday as well. nomic slump we are currently endur- ceive $300 back. If you are a single per- We are lowering the marriage tax ing. son who is the head of a household—a penalty. We are going to eliminate the There has been a lot of talk about single mom or dad—you will receive death tax, a tax that I think is the how maybe, with the economy slowing $500 in the mail. If you are a married wrong approach. If one is seeking the down, we cannot afford a tax cut. Let couple, you will receive $600 in the mail American dream, we want them to me tell my colleagues and anyone else if you paid taxes and if you filed your keep the money they earn and we want who is interested that whether you are taxes for 2000. Starting July 23, those them to be able to pass it to their chil- a supply-sider or a Keynesian, there is checks will be in the mail during the dren if they choose to do that. We cer- no better time for tax relief to get the course of the next 2 months. tainly do not think Uncle Sam should economy moving by leaving money in Now, we are very hopeful that people tax a person’s death, and we especially the hands of those who earned it and will be able to take this money and do do not want people to have to sell as- allowing them to spend it and invest it. something that they might not have sets—small business assets or prop- My colleague from Texas told us about been able to do otherwise. It might be erty—in order to pay the death tax. the many different uses these tax re- just helping buy the children back-to- There is more coming. The downpay- bates can be put to, but putting that school supplies or clothes or shoes; it ment is in the mail today, and we are money back in the hands of the hard- might be a little added something for a very proud to be able to talk about it. working Americans who earned it is vacation—if you are getting your I thank the Chair. I yield the floor to the very best thing we can do to get check in time for vacation, or maybe the Senator from Missouri. the economy growing again. you are planning on doing it. It could Mr. BOND. Madam President, my sin- We saw what happened when the Re- be investing for your pension. It could cere thanks to my colleague from publican Congress pushed through a be that little added bonus of $300 or Texas for giving us that fine overview capital gains reduction about 4 or 5 $600 that you would put into retire- of what is happening this week. I am years ago. No. 1, despite the gloomy ment. Whatever a person does with very happy to report I had the pleasure predictions of many old-line liberal their money will help the economy be- last Friday of joining my colleague economists, receipts to the Federal cause it will be an investment—an in- from Kansas, Senator BROWNBACK, and Government did not go down. In fact, vestment in something for use today or several Members of the House, in a trip they went up because more people un- an investment in something for use to Kansas City, MO, with the Vice locked the investments they had over the next few years. All of that will President and the Secretary of the locked away with large capital gains be helpful. We are looking at layoffs Treasury, Paul O’Neill. built up and they sold those assets, being advertised in the newspaper now, We went out to see a fascinating op- generating revenue for the Federal so people are needing that little extra eration, not well-known, the Federal Government. More important, they in- boost in many ways. Financial Management Service branch vested in the economy, in the informa- I think it is just a great opportunity of the Treasury in Clay County, North tion technology that kept the economy to say that we do have a surplus in our Kansas City. There the men and women growing through much of the remain- Government. We are doing the job that who work for the Treasury Depart- der of the 1990s. we were elected to do in a responsible ment’s FMS are turning out 1.2 million Alan Greenspan, who is no wild-side, way by covering the expenses that we checks a day. They print the checks, born-again, anti-government conserv- know we must cover—expenses such as they put them in envelopes, they sort ative, had been preaching to us on the a strong national defense, expenses for them by ZIP Code, and they are ready Budget Committee, the Banking Com- Medicare and Social Security, expenses to go out the door. They do the whole mittee, and anybody who would listen for the welfare needs for our country. A process there. There are 1.2 million to him that we needed to start reduc- lot of money is going into education. checks a day going out. ing the debt. We are increasing education spending I do not happen to have the lowest With the Republican takeover of Con- by 14 percent. last two digits in my Social Security gress in 1994, we did force through a But there is still money left over be- number, so mine will not be coming for balanced budget. We did bring spending cause we have been careful with our several weeks, but it was thrilling to under control. We are starting to bring taxpayer dollars, and we thought that see a promise made and a promise kept. the debt down. We have provided the the people should share in that surplus. That is one of the things the Vice incentive for the economy to grow with They created that surplus and they President talked about, and the Presi- a capital gains tax reduction, and we should share in it. They pay for it. The dent joined us by videotape to empha- generated more revenue with that tax taxpayers of our country fund the Gov- size the fact that last year he said we reduction. ernment, and when we are efficient, we needed a tax reduction, and he deliv- Late last fall, when Alan Greenspan think the taxpayers who pay the bills ered. He delivered with help from a Re- came before us, he said: The time has should get the return. publican Congress, and we also thank come to start giving money back to We are very proud of the fact that those on the other side of the aisle who those who earned it. Tax rates are too the checks are starting to come in the joined with us to make it a bipartisan high. We need to continue to move to mail today and people will start seeing push to get the bill passed ultimately, reduce the debt, but we have threat- they have money coming. and three Members from the other side ened to build up such a surplus, be- I am proud all of us in Congress have of the aisle who stayed with us on the cause of the excessive taxation im- come together to do this, and I am very very difficult votes to make sure we posed on this economy in 1993, that we pleased this rebate is just the begin- did not lose any more from the amount are going to be in a position where we ning. In fact, we are going to see rate promised by the President. will put a stranglehold on the economy cuts. Many people who have taxes The President signed the Economic and potentially have the Federal Gov- withheld will see their withholding has Growth and Tax Relief Reconciliation ernment buying up private assets, i.e., July 25, 2001 CONGRESSIONAL RECORD — SENATE S8149 nationalism or socialism, if we do not A week and a half ago I was in Idaho world about some of the choices they start leaving more money in the pock- walking across a street in a small will make this late summer or fall. It ets of hard-working Americans. So we town. A lady yelled across the street at may well be the price they pay for a began the process promised by Presi- me: When am I getting my check? little additional vacation they had cut dent Bush of reducing taxes. True story. It happened. I said: They short because of the energy bills and It turns out that not the recession of- will be mailed out in a week and a half. the higher gas prices that they were ficially but the downturn that was What are you going to do with your going to be paying this year. That is forecast by the stock market in March check? what a tax rebate is all about. Anyone of last year, and which really began to She says: I have four kids and we are who ridicules the rebate, my guess is take effect this quarter a year ago, going to Wal-Mart to buy school they have lost touch with the Amer- which really accelerated during the clothes. ican people and the hard-working men winter, was getting worse, and the tax That is the message that is coming and women who get up every day and relief that President Bush promised home to America today. President go to work and spend 8 or 10 or 12 hours was not only a matter of fairness for Bush recognized that hard-working at work and pay their taxes because American taxpayers but it was a vi- Americans were being taxed at the they think that is the way good Ameri- tally needed boost for the economy. highest level ever in our country’s his- cans ought to function. Many do it, and When there is an economic downturn, tory. He worked with us, we supported thank goodness they do it. Now we are the worst thing that can be done is to him, and as a result, when someone able to reward them just a little bit. raise taxes. Herbert Hoover had a de- says today ‘‘the check is in the mail,’’ My advice to the naysayer: If you pression named after him because when literally it is happening. don’t need the rebate, give it back to he saw the economy turn down, he said: This week, America’s taxpayers the Treasury. Give it to a charity. Do We have to maintain the surplus. So he began to receive the rebate check we something with it other than spend it jacked up taxes and tariffs, and he led promised them, that President Bush on your family or save it because it is the United States to take the world promised them, that began to pull your money and we have guaranteed down into a worldwide depression. down the surplus and keep money out you the freedom to make that choice. I hope we have learned. I hope we of the hands of Government and return By the way, the Treasury Depart- have learned we can tell those tax dollars to the hard-working Amer- ment has always had a fund to receive naysayers who say, oh, my gosh, we ican families who sent them here in the contributions. So those who do not like have an economic downturn so we have first place. the tax cut, give it back. Those who to raise taxes, that is the dumbest In Idaho households, over 380,000 find it valuable, spend it and enjoy it. thing we can do. There is very rarely a checks will arrive between now and It is your money. The check is in the time when we will see fiscal policy September 24. That represents $167 mil- mail. being an accurate, effective counter- lion to Idaho. That is a lot of money in I yield the floor. cyclical measure. our State. We are a small State. We The ACTING PRESIDENT pro tem- This is the time to put money back have 1.2 million citizens. That is going pore. The Senator from Texas. in the pockets of hard-working Ameri- to have a phenomenal impact on the Mrs. HUTCHISON. I thank the Sen- cans who have earned it. I am very Idaho economy. Nationally, that is 91.6 ator from Idaho. I appreciate all the proud to have been one to support that million taxpayers and about $39 billion. work he has done to make this tax re- tax cut all the way. This time, I am proud of what we lief package a reality. He has been The rebate checks are going out, the have done as a Congress. Congress did working on it for a long time. He is one child tax credit will increase, the mar- it right. Tax relief is reaching the peo- of our leaders and we appreciate his riage penalty will be reduced, edu- ple at the right time. It will boost their keeping the promises he made to the cational savings improvements will be confidence in the economy and their people of Idaho in helping every Amer- made. For Missouri small businesses, Government. I think it will restore a ican have a little more money in the the devastating impact of the death little financial freedom when they need next 2 months to spend on the needs tax will be reduced, and there will be it. I think you must always recognize that he described, such as the mom of incentives for helping people fund their with hard-working families, mom and four children going to Wal-Mart to buy retirement. dad both working, if they have chil- the clothes for her children to start There is more to be done. I look for- dren, and of course they want children, school. ward to working with my colleagues to that is a very important but very real Now, Madam President, I yield up to assure that permanent tax relief, that expense. 5 minutes to Senator Thomas from Wy- this measure is made permanent, and Just like that lady in Blackfoot the oming. that we have a more fair, simpler, and other day who said, ‘‘I’m going to Wal- The ACTING PRESIDENT pro tem- flatter Tax Code. We are working to Mart and buy clothes for my kids,’’ pore. The Senator from Wyoming. fulfill the promise that President Bush Americans will spend it; they will save Mr. THOMAS. Madam President, I made. I am proud to have been part of it. I don’t care about all the great spec- thank my friend, the Senator from it. I look forward to continuing to ulation and debate that Americans are Texas, for this time. work on that team. not going to save it and it isn’t going It is important we talk a little bit I yield the floor. to help the economy. Speculators, about some of the things that have The ACTING PRESIDENT pro tem- frankly, I don’t care. It is the citizens’ been done and the impact we will see pore. The Senator from Texas. money that is being returned to them immediately. This is unique. I cannot Mrs. HUTCHISON. I thank the Sen- and they will do a little bit of both recall it ever happening this way be- ator from Missouri for talking about with it. I think it is important we rec- fore, where there were excessive dollars his trip with the Vice President, and ognize once the money is in the hands available that came in, and more taxes once again emphasizing a promise of the American working family, poli- than were necessary to carry out the made is a promise kept. I thank the ticians can’t direct it or, more impor- essential elements of Government. Senator from Missouri. tantly, misdirect it. There was a need for an economic boost I yield up to 5 minutes to the Senator The moms will go to Wal-Mart and and there is. So we took this oppor- from Idaho. buy clothes for their kids. It may pick tunity to return some of this excess The ACTING PRESIDENT pro tem- up a good number of tankfuls of gas. It money to the people who have paid it. pore. The Senator from Idaho. may well put food on the table or it That is a basic issue and one we deal Mr. CRAIG. Madam President, I might go into someone’s savings ac- with quite often. That is a difference of thank my colleague from Texas for count. That is what it is all about. philosophy in terms of how we handle bringing this issue to the floor this I heard some critics try to disparage money. Obviously, everyone agrees morning and allowing time to talk or make fun of the rebate, saying it is there has to be a sufficient amount of about what is going on in the mail- only $300 or $500 or $600. To some fami- money to take care of the necessary boxes of Americans today. The rebate lies, getting a $600 check in the mail functioning of Government, although checks are coming home. can make all the difference in the there is a difference in view of what the S8150 CONGRESSIONAL RECORD — SENATE July 25, 2001 functions would be. There is also a working on this ever since he has been Pennsylvania, we have some real prob- philosophical difference among those in the Senate, for being committed to lems in our manufacturing sector, driv- who would say we have money, so let’s tax relief for every hard-working en principally by high energy prices increase the role of Government; let’s American, and for being one of our over the past 18 months. We need to spend more and have more programs. leaders, speaking out on this issue and have a national energy policy so we do Others say, wait a minute, let’s try to talking about how important it is that not have these spikes that cause eco- keep the role of Government limited we not only give tax relief right now, nomic downturns and difficult times in and return this excess money to the but also hopefully will have another our manufacturing sector, which is people who paid it. That is what this is. tax relief package in the near future. still, from my perspective, a very im- It is a very basic issue, one that is We want to have all the surplus used portant sector of our economy. philosophical but it is the right thing wisely. That means part of it should go We need to do something on trade. to do. back to the taxpayers who have worked We need to open up new opportunities I hear this business, from time to so hard to earn it. to trade around the world, which by time, about millionaires are going to I am pleased to yield the remainder doing so will create better jobs in get $300 a day. How many people do you of our time to the Senator from Penn- America. The economy is important. think, of all the taxpayers who are sylvania, Mr. SANTORUM. We need to be aware here in the Senate going to get a check in the mail, are The ACTING PRESIDENT pro tem- of what we can do at a time of eco- millionaires? The people I have seen pore. The Senator from Pennsylvania nomic slowdown to get this economy are not millionaires, the people who has 3 minutes 20 seconds. up and running. are going to get some of the money Mr. SANTORUM. Madam President, I The first and most important thing is they paid. All taxpayers who have paid thank the Senator from Texas and the to reduce the tax burden on the Amer- their dollars will reap some benefits Senator from Wyoming for being here ican public to get more money in the from this distribution. this morning to talk about what I economy. The second thing is to de- That is what it is all about. Further, think is one of the most important velop a national energy policy to make I think it is necessary at the same time issues we can talk about in the Senate, sure we have stable, long-term, afford- to recognize that on June 7 of this and that is what we are going to do to able, clean energy for America’s future year, this Republican Congress and the strengthen our economy. Why is it I so we are not relying on foreign energy White House kept a commitment to the put it in that context? The right medi- and that problem. The third thing is to American people and delivered the cine at this time is to put more re- increase trade. most significant tax relief in 20 years. sources into the economy to get this I yield the floor. Not only will we have this distribution, rather flat-line economy right now The ACTING PRESIDENT pro tem- of course, which is designed to give jump started. pore. Under the previous order, the some immediate impact to it, both for Over the past year now, we have been next 30 minutes shall be under the con- the taxpayers themselves and for the going through a fairly substantial eco- trol of the Senator from Illinois. economy—$300 for single filers, $500 for nomic slowdown. The right medicine is f single moms, $600 for families, and that exactly what the Congress did. We is very important—but following that, worked very hard with the President of THE TAX CUT of course, is a new tax law that goes a the United States to pass a tax relief Mr. DURBIN. Madam President, his- long way to restore fairness in the Tax measure that got an infusion of money torians and political scientists will Code. out into the public just in the nick of find this a very interesting morning de- It reduces the marriage penalty, time, I hope—I hope just in the nick of bate in the Senate. Over the next few which my friend from Texas was obvi- time to help get this economy up and months, they ought to take a look at ously almost the singular leader in going and churning again. Checks are what primarily Republican politicians causing that to happen, and we appre- in the mail and being received by peo- and the President are saying and mark ciate it, the death tax, doubles the ple all across America in amounts that it as a special part of American history child credit and child care enhance- because the American people really ments. We need to recognize that over are substantial, in amounts that are have been lobbied by the President and a period of time we are going to do a meaningful to people, to families who by his supporters to support a tax cut. great deal to increase fairness and re- are preparing for their children to go They have been lobbied to support a turn dollars via the Tax Code, although back to school and need to buy school tax cut. that doesn’t happen for several years. clothes and books and school supplies. This morning we have had an array That is why this is very important, Those are the kinds of expenditures of Republican Senators coming to the this immediate impact. I think it is that I know, with the number of chil- floor to explain why a tax cut is a good one of the greatest things that can dren I have, can put a real pinch in thing. happen. And, in addition, it should hap- your budget because they are one-time Think about it. The average person pen. expenditures, mostly at end of the We now hear people talking about summer, the beginning of the fall, and in Illinois would think a $300 check for raising taxes, for heavens’ sake, when they are very difficult to budget. a person or a $600 check for a family is we are facing difficulties in the econ- This check coming at this time can obviously a good thing. That is going omy. When we find ourselves with real provide some help to middle-class and to help pay for school expenses, as the surpluses, to talk about raising taxes lower income families who really do Senator from Pennsylvania said. It is —give me a break. I cannot imagine need this help and help the economy at going to be around if you need it for anything more unlikely to happen than the same time. It gets that infusion of whatever the cause—paying off last that. money into our economy. winter’s heating bill or taking care of I think we should feel very good I am proud that we were able to work some expenses around the house. These about what has happened. I am hopeful in a bipartisan way in the Senate. are real things that families face, and all these checks will be out very soon. Twenty-five percent of the Senate $300 from the Government or $600 from They are now in the mail. Beyond this, Democrats along with the Republicans the Government, of course, is a good I want to emphasize again we have had voted for this proposal. It showed that thing. a significant change in the tax culture with good leadership we can get bipar- But, of course, the reason the Repub- and the Tax Code over time. This is the tisan work done to meet the needs of licans are spending so much time try- most important thing. I am happy to the American people, to help the aver- ing to convince us it is a good thing is have had a chance to participate in it age American. At the same time, we because there is some doubt as to and recognize it today. can strengthen our economy at a time whether, on a long-term basis, the I yield the floor. when we are going through a very dif- President’s tax cut is really the right The ACTING PRESIDENT pro tem- ficult slowdown. thing for America. Do we need an eco- pore. The Senator from Texas. I know there are other things we nomic stimulus right now? You bet we Mrs. HUTCHISON. Madam President, need to do. We need a national energy do. This economy apparently is con- I thank the Senator from Wyoming for policy because at least in my State, in tinuing to go down. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8151 Yesterday the stock market took not adequate to cover the Bush budget For us to really put ourselves on the quite a hit. I hope it recovers soon. Ev- and tax cut. That is what it boils down line and to imperil our economic future eryone does—anyone who has a pension to. by enacting a tax cut based on eco- fund or IRA or 401(k) or any kind of in- Those who come to the floor and take nomic assumptions that have already vestment. But we do need a stimulus great pride in having voted for this proven to be wrong because we didn’t for this economy. Alan Greenspan is Bush tax cut and this Bush budget also pay down the national debt as we desperately looking for the right stim- have to acknowledge that they were should have when we had the chance to ulus. He has reduced the prime rate wrong in the economic forecast. There do it but instead declared a bank holi- from time to time to try to stimulate are already revisions that we are re- day with $300 checks for everybody is the economy. It doesn’t seem to be ceiving showing that America’s econ- where we missed the boat. working as he hoped because long-term omy is not growing as fast as they said It is not popular to say pay down the interest rates have not come down, and it would. We find ourselves in a per- national debt. People do not rise, that is kind of an indicator as to ilous position. cheer, applaud, and say they really whether or not we are going to be mov- It has not been that long ago; I can love that Senator who wants to pay ing forward and the people who make remember when I was first elected to down the debt. No. As you go down the investments believe we are so they can Congress when we had deficit after def- parade route, they say: Cut my taxes. I have some confidence in our future. icit. We piled up a national debt of $5.7 heard it before the July break, and I To say we need some kind of tax cut trillion. That is our national mortgage. have heard it as long as I have been in now for economic stimulus for fami- When people receive a $300 check from this business. lies, you bet; I think it is a good idea. the Federal Government, I hope they What is the responsible thing to do This would have been an easy thing to don’t think we have paid off the mort- for this country? As we see now, it isn’t vote for—$300 for individuals, $600 for a gage before we sent the check. No. The enacting the Bush budget, which has us family. But that is not what President mortgage is still out there for all the this year already raiding the Medicare Bush proposed. That is not what passed folks receiving the check and their trust fund to pay for the tax cut and the Senate. children and their children. It is still soon to be raiding the Social Security What he passed was a package of tax there. trust fund to do the same. cuts that span 10 years. How do you get What does our national debt cost What else is at risk? Secretary of De- to a point where you can say what Americans? One billion dollars a day in fense Donald Rumsfeld, who has been America’s economy is going to look interest. How do we raise the money to doing a review of the Department of like 2 years from now, 5 years from pay the interest on the national debt? Defense, has said we need to make now, or 10 years from now? That is You will see it in your payroll tax. You some significant changes in the way we where a lot of us think this tax cut pro- will see it in your income tax. We con- defend our country. All of us, I hope, posed by the President went too far. He tinue to collect $1 billion a day to pay agree that is our highest single pri- should have come in with a tax cut as the old debt—the mortgage—of Ameri- ority—the common defense of America. a stimulus for this economy now. The cans at a time when we are sending out Yet when Secretary Rumsfeld is put on Democrats and Republicans both sup- a refund of $300 for individuals and $600 the spot, when people ask, How will port that kind of a tax cut. But when for families. you pay for this, he is at a loss. He you expand it to a 10-year program, You say to yourself: What would have can’t answer it. The money has already when you cannot say with any cer- been the more prudent and careful been spent. The money has been spent tainty what this economy is going to thing to do, the conservative thing to on a tax cut projected for the next 10 look like, you run some real risk. do, if you want? Certainly, from my years. The fact is, the truth is, in a very point of view, it would have been to I think that is shortsighted. Instead short period of time, in a matter of just pay down this national debt as fast as of focusing on paying down the na- weeks since the President had his bill possible; get this off the books as tional debt and on the defense of Amer- signing, we have received some eco- quickly as you can so our children ica as our highest priority, we have de- nomic information about the current don’t have to carry that burden and so cided that a tax cut primarily for the state of the economy that shows that we don’t have to collect over $350 bil- wealthiest people in America is a much all the economists who painted the lion a year to pay interest on our old higher priority. rosiest picture in the world to justify a mortgage, our national debt. That I don’t think history is going to tax cut may have been wrong about should have been our first priority. It judge us well for that. The men and this year, let alone 10 years from now. was not the first priority of the Bush women in uniform who put their lives This morning, KENT CONRAD, chair- budget. on the line for the country expect us to man of the Senate Budget Committee, Second, if you are going to have a tax do the very best we can for them. They brought in Members to talk about cut, let’s have a tax cut to stimulate expect that equipment works. They ex- some of the problems they can foresee. the economy. But let’s focus it on fam- pect to be well armed and trained so If you look at them, they are already ilies who really need the money. Many they can defend America and its inter- very troubling. Even this year it will families who will receive $300 or $600 ests. be necessary, because of President really need the money. For us to have to shortchange that or Bush’s budget and tax cut, for us to When you look at the Bush tax cut, it cut back on that because of this Bush take $17 billion out of the Medicare isn’t a tax cut that is directed toward budget and tax cut I don’t think makes trust fund—the trust fund for the el- working families or those who are much sense. derly and disabled that is clearly under struggling to make ends meet. It is a Let me add another thing. If you ask siege because of the number of people tax cut where 40 percent of the benefits American families, What is the highest who need it and the increasing cost of go to people making over $300,000 a priority issue in your life that you medical care. Already this year, be- year. think the Government can deal with cause of the Bush tax cut, we are going I find it incredible that the President time and again, whether it is a State to have to start raiding the Medicare and his friends in Congress believe that poll or a Federal poll or a local poll, trust fund. people making over $300,000 a year des- the answer always comes back: edu- I can tell you that Republican and perately need a tax cut. In fact, they cation. The answer is education. People Democratic Senators alike said that get 40 percent of all the tax breaks. believe education is really what Amer- would never happen; we are going to That is what the Bush tax plan pro- ica is all about. That has been our lad- protect these trust funds. Yet already posed. der of opportunity in this country. we can see that is on the horizon. As individuals receive $300 with this The President came forward with a Sadly, it gets worse. tax cut, keep in mind that if your in- bipartisan education bill supported by In a very short period of time, we are come is over $1 million a year you will Democrats and Republicans. I sup- not only raiding the Medicare trust receive a $300 tax cut check every other ported it, too. I thought it was a good fund but also the Social Security trust day under the Bush tax cut plan. That piece of legislation. I might have made fund. For what? Because the surplus is is the unfairness of this. some changes here and there, but on S8152 CONGRESSIONAL RECORD — SENATE July 25, 2001 balance I thought it really moved us in tornado. All of these things cause prob- Let me give you an example. If you the right direction. It said for the first lems, and the Federal Government ral- wanted to invest in a mutual fund time in a long time that the Presi- lies to help families solve them. It today, you would generally find there dent’s party was committed to invest- costs money. The Bush budget, sadly, is a minimum investment. Why is there ing in education. does not have enough money for that a minimum investment? Because there It wasn’t that long ago that the help. is an administrative overhead cost to President’s party and its party plat- Tax extenders are programs such as that investment. Unless you put in $500 form wanted to eliminate the Depart- investment in research for corpora- or $1,000 or $2,000, it really does not ment of Education in Washington. tions that come up with new and inno- warrant the administrative cost. Think They said this is a State and local vative and creative products. These about it in terms of individuals who de- issue; it shouldn’t be Federal. They need to be reextended. They cost cide they want to invest $100 a month, have changed. Thank goodness they money. The Bush budget didn’t provide let’s say, of their Social Security have. I think it is a wise course they that. check into a private investment. Ad- have taken now—to say that the Fed- The alternative minimum tax, which ministrative costs come with each of eral Government should make stra- was established to try to catch the those investments, and that has to be tegic investments in education for the high rollers who might escape some tax taken into account in the real world. good of our country. liability, has really been ignored, and Secondly, we have seen yesterday— That is what the bill said—include it should not be. Yet the Bush budget and we have seen over the last year— accountability for teachers and tests does not take into account that is that although the stock market can be for students. It included a lot of incen- something that obviously has to be very generous to those who invest in it, tives to deal with afterschool programs done or we will end up penalizing mid- it can also be very cruel. And any who and to improve the quality-of-reading dle-income families who thought they happen to have invested in the last programs, mathematics and science were receiving a tax cut, on the one year, making retirement dependent on programs. These are all great ideas and hand, from the President and, on the their investments, will have to think great investments. But the sad news is, other hand, get nailed with the alter- twice about it because things have not because of the Bush budget, the money native minimum tax. gone well in a lot of indices, whether it is not going to be there to invest in So what we have here, sadly, is a is the Dow Jones or the S&P 500. education. We will pass legislation say- budget proposed by the President that So those who think the stock market ing this is a good thing to do. We will already has us raiding the Medicare will always go up, historically they are authorize it. We will approve it as a and Social Security trust funds that al- right, it has always gone up, but there concept. But when it comes to appro- ready imperils our ability to deal with are peaks and valleys. If you should priating the money and actually spend- priorities, such as national defense and happen to make the investment of your ing the money, we are going to find education and paying down the na- Social Security retirement fund at a that it is not there. That is the dif- tional debt. point when we are in an economic val- ficulty, too. I see my colleague from Minnesota is ley in the stock market, you may find Again, as we receive these tax cut in the Chamber. all you counted on is not there when checks in the mail, we have to put it in f you need it. That is an important con- perspective. Life is a tradeoff. Politics sideration. is a tradeoff. In this tradeoff, we have THE PRESIDENT’S COMMISSION TO There has also been a consideration decided that a tax cut plan by Presi- STRENGTHEN SOCIAL SECURITY that some 2 percent of Social Security dent Bush that is primarily loaded for Mr. DURBIN. Madam President, I would be invested in these private in- the rich is far more important than want to say a word or two, in closing, vestments. Because it is a pay-as-you- paying down the national debt, improv- about the effort that has been made by go system, that could require cuts of ing America’s national defense, and in- the President’s commission to up to 40 percent in the benefits under vesting in education. In the long run, I strengthen Social Security. I hope this Social Security or increases in Social think that is going to be viewed as commission is going to be more objec- Security payroll taxes. very shortsighted. I think we should tive in the way they deal with the So- So what I would say to the Presi- have been more careful and more pru- cial Security Program. All of us under- dent’s commission is: Give us your al- dent in the approach that we took. stand that Social Security cannot go When you look at the long-term out- on indefinitely, that it needs help, and ternative in its entirety, give us your look for the amount of money that will that we need to make the appropriate program, get beyond the principles and be taken from the Social Security investments to make sure that Social the theories. Tell us how you are going trust fund and the Medicare trust fund, Security is there for generations to to pay for this. If we are going to move next year we will have to raid the So- come. to private investment and private ac- cial Security trust fund by some $24 It is the most broadly based and most counts, show us how this will work. billion and the Medicare trust fund by successful social program in the United This program of Social Security, cre- $38 billion. That means people who are States. Social Security gives to retir- ated in the days of Franklin Delano paying payroll taxes today to sustain ees the safety net they need to live a Roosevelt, was one many people brand- today’s Social Security retirees have life of comfort. Along with Medicare, ed as socialism. Many predecessors of to understand that the trust fund they these are the two things that retirees the folks on the other side of the aisle are counting on to be there when they really count on in America. voted against it because they thought retire is going to be diminished be- I am concerned about the draft in- it was an experiment in which America cause of the Bush budget and because terim report by President Bush’s com- should not be involved. History has of the Bush tax plan. This is something mission which is supposed to look to proven them wrong. Social Security is that is a reality. It is a reality that we the future of Social Security. The re- important. But those of us who serve have to face in Congress. It is not one port makes many misleading asser- today in the Senate and the House we are happy to face but one we must tions in an attempt to convince the have an important responsibility to face. public that Social Security is on the serve that legacy well, to make certain Let me also say that when it comes verge of collapse. I hope that any com- that Social Security and Medicare are to other economic assumptions in the mission entrusted with the challenge of here for many years to come. President’s budget, there are some real strengthening Social Security will We can make Social Security strong- weaknesses, too. The President’s budg- carefully consider all options for re- er, and we can guarantee to successive et did not include appropriate contin- form. Unfortunately, this commission generations that safety net will be gencies for natural disasters. I hope has been charged only with the task of there, but we have to be prudent and there will never be another one. I know how to convert Social Security into a careful in the way we approach it. there will be. When there is a disaster, system of private accounts, not with Madam President, I yield the floor. we will rise to the occasion—whether it the careful study of whether or not this (Mrs. CARNAHAN assumed the is a flood in Illinois or a hurricane or a is the right thing to do. chair.) July 25, 2001 CONGRESSIONAL RECORD — SENATE S8153 TRANSPORTATION APPROPRIA- ment, I really appreciate Mr. SABO’s ef- I want to see us eventually pass a bill TIONS AND LONG-HAUL TRUCK- fort. And we will see what happens on that calls for health security for all ERS the floor of the Senate, whether or not citizens. Before we do that, we ought to Mr. WELLSTONE. Madam President, we will have an amendment similar to have a decent prescription drug ben- just in the time we have remaining, I Mr. SABO’s amendment in this Cham- efit. I recommend to my colleagues a really would like for us to move for- ber. Sunday story in the New York Times, ward on this legislation and, indeed, on But I think, at the very minimum, front-page story by Robert Perrin. I other legislation that is important to we have to insist on the safety stand- forget the name of the coauthor; I people’s lives. ards, and, at a maximum, eventually apologize. I want to speak to three different we are also going to have to have yet The gist of the piece was that it is questions. more honest discussion about this new going to be very difficult, within the First of all, on the Murray amend- global economy and where people fit $300 billion allowance over the next 10 ment—and presumably we will have into it. All that happened in Italy and years because of the tax cuts, to have more time for debate; I do not know all that happened in Seattle I would a benefit that is going to work for a lot whether or not we have a filibuster not defend—not all of it, by any means, of elderly people. If the premiums are that is going to be sustained or wheth- but what I will tell you is that there too high and the copays are too high er or not there is going to be some are an awful lot of people in our coun- and the deductibles are too high, many agreement, but I want to thank Sen- try and throughout the world who are people can’t afford it. Quite to the con- ator MURRAY for her good work. raising very important justice ques- trary of the stereotype of greedy gee- I tell you, people in Minnesota, as we tions. They are not arguing that we are zers traveling all over the country look at I–35 coming from the south, are in a national economy alone. They are playing at the most swank golf interested in safe drivers and safe not arguing that we ought to put up courses, the income profile of elderly trucks and safe highways. They are in- walls on the borders. But they are ar- people is not high at all. Disproportion- terested in their own safety. Frankly, I guing, if we are going to have a new ately, it is really low- and moderate-in- think it is terribly important that all global economy and we are in an inter- come people. of us support Senator MURRAY’s national time, then above and beyond So, A, people will not be able to af- amendment. it working for large financial institu- ford the benefit. And then, B, if we For my own part, I also want to give tions and multinational corporations; don’t deal with the catastrophic ex- a lot of credit to what Congressman it ought to work for working people; it penses—that is to say, after $2,000 a SABO from our State of Minnesota has ought to work for human rights; it year, people should not be paying any done on the House side. He basically ought to work for consumer protection; more additional expenses—then it is has said, we are not going to have the it ought to work for small producers; going to be a proposal or a piece of leg- funding to grant the permits because and it ought to work for the environ- islation that is going to invite mutiny. there is just simply no way that right ment. People are going to say: We thought now we are going to be able to have Frankly, I think that is part of what when you campaigned that you made a any assurance that the safety stand- is being debated in this Chamber. We commitment to us. We thought you ards are going to be there. have a very, what I would call incre- made a commitment to affordable pre- I want to make one point that per- mental, pragmatic amendment, which scription drugs. But you are not will- haps was brought up yesterday in the Senator MURRAY has done an admi- ing to do it. debate but which I think is really im- rable job of defending. I am amazed I have introduced a piece of legisla- portant as well. As a Senator, I do not other Senators believe this goes too far tion called MEDS. At a very minimum, really make any apology for also being by way of assuring basic safety on our we are going to have to understand $300 concerned about—above and beyond highways. I think we need to defend billion over 10 years will not do the job. safety—the impact this is going to Senator MURRAY’s effort. We have to understand that this tax have on jobs in our country, frankly, Above and beyond that, I have some cut that has boxed us all in is a huge the impact of NAFTA on jobs in our real questions about whether or not all mistake. We are going to have to be in- country. of this will be enforced and then prop- tellectually honest with the people in In particular, I think the very power- erly certified. Then above and beyond the country, and we are going to have ful implications of all this are as we that, I have some real questions about to find our courage. Frankly, I predict see more and more subcontractors these trade agreements and the impact we will revisit—the sooner, the bet- crossing the border at maquilas, it is they have on whether or not we will ter—this tax cut proposal. It is too far better, from the point of view of have living-wage jobs for the people in much Robin Hood in reverse, too much people in Minnesota, that the sub- our country to enable people to earn a going to the very top of the population. contractors to our auto plants or to decent standard of living so they can And now we are without the revenue other parts of our economy are located support their families. and the resources to do well for people in the United States. With a lot of the And above and beyond all that, even- with an affordable prescription drug. transportation being done by American tually, I am telling you —it may not be ‘‘Affordable,’’ that is what everyone trucks, that is what happens. this year; it may be 5 years from now; campaigned on. The Bush administration is pushing it may be 10 years from now—we are In addition, yesterday Senator this full force, and they are not even going to design some new rules for this ROCKEFELLER, chairing the Veterans’ interested in respect for the safety international economy, so that rather Affairs Committee, had Secretary standards. than driving environmental standards Principi come in. He is a good man. I The other thing that is going to hap- down, or wages down, with a complete have a great deal of respect for him. I pen is, you are going to have more and lack of respect for human rights, we think he cares deeply about veterans. more subcontractors basically located can have the kind of standards that lift He was talking about prescription drug in Mexico because Mexican trucks take up people’s lives. benefits within the VA. I asked him whatever is produced there right to f several times whether or not he felt wherever it needs to go in the United that their global budget and the dis- States, thus eliminating a lot of other A PRESCRIPTION DRUG BENEFIT count they insist on has enabled them jobs. Mr. WELLSTONE. Madam President, to hold down the cost. The copay for So I think this is not just about since we are, for the moment, stale- veterans for prescription drugs right truckdrivers, not just about Team- mated here, I rise to express my strong now is $2. He said: Absolutely. sters, not just about safety—all of commitment to our moving forward on Maybe what we are going to have to which I think is very important—I a prescription drug benefit. Obviously, do—there are Republicans who will think it is also about living-wage jobs we will not be able to do it now, but agree; I hope all the Democrats agree— in our own country. It is also about our people in the country are certainly in- is also have some cost containment. We economy. Frankly, in some ways, terested in the politics that speak to have 40 million Medicare recipients. I though I support the Murray amend- the center of their lives. suppose we might be able to say that 40 S8154 CONGRESSIONAL RECORD — SENATE July 25, 2001 million Medicare recipients represent a sexual assault. This is critically impor- toward the correct destination. We bargaining unit and we want a discount tant. What happens is the employer— need to focus more attention on this from these pharmaceutical companies and some of the employers are great— national problem. that are making excessive, obscene sometimes says: This is creating a lot Mr. WELLSTONE. Madam President, profits. of trouble. Therefore, we fire you. I thank my colleague from Nevada and There are a lot of issues people care That is the last thing in the world tell him that, as we move forward, we about. There are many issues on which you want to do. will talk about some companies that we need to move forward. In particular, It also provides protection from in- have put together model programs. in order to do well by people, we are surance company discrimination. Again, unfortunately, what a bitter going to have to be not only intellectu- There is no reason why women should irony that for too many of these ally honest, but we will have to have be battered again by an insurance com- women—part of what this is all about some political courage—political cour- pany that says: We understand that is control. They have had the courage age to talk about the ways in which this guy has come to work, is threat- to move out of the home because the this tax cut bill puts us in a strait- ening you, that you have this problem. home is very dangerous for them and jacket and amounts to a miserable fail- We don’t think you are a good bet for very dangerous for their children. Still, ure from the point of view of our being health insurance. about every 15 seconds a woman is bat- able to do well for people and from the Finally, it provides tax credits to tered in the United States. Maybe this point of view of our being willing to companies that will provide the pro- guy will come to work—and basically live up to our promises. Everybody who grams and the help. he doesn’t want her to be working, so ran for office talked about an afford- The PRESIDING OFFICER. The Sen- that is part of her independence. He able prescription drug benefit. ator’s time has expired. will stalk her and make threats. Then In addition, we are going to have to The Senator from Nevada. all too often the employer will basi- challenge some of the profits of the f cally let her go, saying it is too much pharmaceutical industry and have EXTENSION OF MORNING trouble. Then where is she? Quite some cost containment so this works. BUSINESS often, she is forced back into a horrible f situation. In about 50 percent of the Mr. REID. Madam President, I ask cases, it happens where the guy or VICTIMS ECONOMIC SECURITY unanimous consent that morning busi- AND SAFETY ACT woman comes to work and the threats ness be extended for another 10 min- are made. Mr. WELLSTONE. Madam President, utes. We are saying there has to be a way The PRESIDING OFFICER. Without today I am going to introduce legisla- we can provide additional help and sup- objection, it is so ordered. tion, the Victims Economic Security port. So we do a number of different and Safety Act, with Senator MUR- f things for those who have been victims RAY—she probably will not be able to STALKING AND DOMESTIC of violence in homes, sexual assault, be at the press conference because she VIOLENCE and stalking. A number of things are in is doing such an admirable job of this legislation. I think it would make standing her proper ground for safety— Mr. REID. Madam President, before the Senator from Minnesota leaves the a huge difference. I thank my colleague Senator SCHUMER and Senator DODD; for his comments. and Representatives CAROLYN MALONEY floor, I wish to say was not able to hear Mr. REID. I will say one more thing and LUCILLE ROYBAL-ALLARD on the all of his statement but most of it. He to the Senator. There are more animal House side. mentioned what we need around here is Basically, this legislation deals with political courage. That is something shelters than there are domestic crisis what is a huge problem; that is to say, that is not lacking in the service of the shelters in America. In Nevada, a rap- estimates are that as many as 50 per- Senator from Minnesota. idly growing community, we are so cent of the victims of domestic vio- I appreciate his legislation regarding understaffed. We have a lack of facili- lence have lost jobs in part due to their stalking and domestic violence. Stalk- ties. These brave women are willing to struggle. The same thing holds true for ing is a very evil thing, for lack of a break away from this domestic vio- victims of sexual assault. better way to put it. I can’t imagine lence, and we are having trouble find- The legislation addresses three or how difficult it is for people who are ing a place for them to go. It is a really four issues. No. 1, it would provide stalked. difficult situation, not only in Nevada emergency leave for those women— Senator ENSIGN and I had the misfor- but all over the country. It is a na- sometimes men, almost always tune of having somebody who was tional problem. We have helped with women—who are having to deal with stalking us. It was very serious. He felt some national moneys but not nearly the battering and with the violence, be he had been aggrieved in Mexico and enough. it in the home, be it sexual assault, be that we should do something about it. Mr. WELLSTONE. I thank my col- it stalking. It will allow them to take Of course, there was nothing we could league. some time off from work to see a law- do about it. It became a very big bur- In addition, even if women have been yer, to see a doctor, to do what they den on my staff. He wouldn’t leave my in shelters, there is no affordable hous- need to do. office. Finally, in an effort to get at- ing. No. 2, it would extend unemployment tention, rather than shoot one of my Mr. REID. Madam President, I sug- compensation to people who are forced staff members or me, he shot himself in gest the absence of a quorum. to leave their jobs in order to provide front of my office. He survived the gun- The PRESIDING OFFICER. The for their own safety and their chil- shot wound and proceeded to continue clerk will call the roll. dren’s safety. Amazingly, this happens to harass us. He was convicted and sent The assistant legislative clerk pro- in about 50 percent of the cases: Quite to prison. I only say that because if ceeded to call the roll. often for these women, the man—be it people of our stature and in the public Mrs. MURRAY. Madam President, I the former husband, a stalker, some- awareness have difficulties, I can’t ask unanimous consent that the order body who has assaulted them sexu- imagine people who don’t have the U.S. for the quorum call be rescinded. ally—will come to their workplace and marshals and other people protecting The PRESIDING OFFICER. Without constantly be there. And in order to be them. So we need to do more. It is a objection, it is so ordered. safe, in order sometimes literally to very insidious thing. We need to do a save their lives, in order for their chil- better job of training law enforcement, f dren to be safe, they then have to leave although they are trained much better work. We want to, with documenta- than they were regarding domestic vio- CONCLUSION OF MORNING tion, be able to provide some unem- lence. We need to have judges who bet- BUSINESS ployment compensation. ter understand domestic violence. No. 3, it would prohibit discrimina- I am anxious to look at the Senator’s The PRESIDING OFFICER. Morning tion against victims of domestic and legislation. It sounds as if it is heading business is closed. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8155 DEPARTMENT OF TRANSPOR- President suggests, that is part of what We have a number of appropriations TATION AND RELATED AGEN- NAFTA requires. I disagree with that. bills that are waiting. Let’s get this CIES APPROPRIATIONS ACT, 2002 Before I talk about that issue, I will bill done and then move on. It seems to The PRESIDING OFFICER. Under talk about something that happened me it serves no national purpose to yesterday and has been happening day the previous order, the Senate will now hold up appropriations bills for any after day on the floor of the House. A resume consideration of H.R. 2299, great length of time. colleague stood up yesterday and said: which the clerk will report by title. Having said that—which I said be- Is this a way to run the Senate? He was The assistant legislative clerk read cause I was nonplused by someone upset at the end of the day that not as follows: standing up being critical of the way much had happened on this appropria- the Senate is being run when we are A bill (H.R. 2299) making appropriations tions bill. What is happening on these doing the right thing but we are not for the Department of Transportation and appropriations bills is, we are working related agencies for the fiscal year ending getting the cooperation; we need the September 30, 2002, and for other purposes. in the Appropriations Committee to cooperation to get these things done— get these bills out. The chairman of the Pending: we ask for more cooperation today to committee, Senator BYRD, and the see if we cannot get this appropriations Murray/Shelby amendment No. 1025, in the ranking member, Senator STEVENS, nature of a substitute. bill moving and through the Senate. Murray/Shelby amendment No. 1030 (to have done a wonderful job working This morning’s Washington Post says amendment No. 1025), to enhance the inspec- with all of the subcommittees. We are ‘‘Battle on Mexican Trucking Heats tion requirements for Mexican motor car- getting the bills out of the Senate Ap- Up.’’ It describes two positions on the riers seeking to operate in the United States propriations Committee. We are get- issue of Mexican trucking. Really, and to require them to display decals. ting them to the floor of the Senate. there are three positions. I want to de- The PRESIDING OFFICER. The Sen- What we see is a slow-motion action by scribe the one the Washington Post for- ator from Washington. people in the Senate who decide they got to mention. There is the position Mrs. MURRAY. Madam President, we really don’t want the Senate to act. that is offered in this legislation by are this morning discussing the Trans- They don’t want the Senate to move. Senator MURRAY and Senator SHELBY. portation appropriations bill. As Mem- I don’t think it is in the Senate’s in- They have negotiated and reached a po- bers know, this bill contains many, terest and I don’t think it is in the sition that describes certain conditions many important infrastructure country’s interest to slow this process that must be met before Mexican long- projects across this country for Mem- down. We have very limited time. We haul trucks move into this country. bers’ airports, the Coast Guard, roads, on the Appropriations Committee have The other position is the position infrastructure, bridges. We are trying tried to do a serious job of putting to- adopted by the House by a nearly 2–1 diligently to move this bill forward so gether good appropriations bills that vote which says we cannot spend we can make progress and move to the we can consider, to move forward, so money; we are prohibited from spend- House for a conference so we can do our we can have conferences and get the ing money to approve the licenses or duty in terms of the transportation in- spending bills in place and signed into approve the permits to allow Mexican frastructure in this country and get- law before October 1. trucks to come into this country be- Senator MURRAY and Senator SHELBY ting those projects funded. yond the 20-mile limit during the com- have worked on this piece of legisla- I know many Members have priority ing fiscal year. I happen to favor the tion. While I have differences on the projects in here they want to make House approach because I think that is issue of Mexican trucking with not sure are included. Senator SHELBY and the only way to stop what otherwise only the chairman and the ranking I have been working extremely hard to- inevitably will happen. member, I also have differences, very gether in a bipartisan manner to en- The approach taken by the Chair of substantial differences, with others sure those projects move forward in a the subcommittee and the ranking who want to offer amendments from timely fashion. member is one that I think has merit, the other side. We ought to be able to We implore all of our colleagues who but one that I think requires certifi- resolve it, have the amendments and have amendments to come to the floor cations that certain things are met. have the votes and move on, finish this morning. It is 10:30 on Wednesday My experience with certifications is whatever other amendments are avail- morning. We are here. We are ready. that if an administration wants to do able to be offered to this bill, go to something, it will certify anything. I We are waiting for those amendments third reading, and pass this appropria- worry very much it will not stop what to be offered. I understand Senator tions bill. GRAHAM of Florida will be here shortly I bet Senator MURRAY and Senator I don’t want to happen. What I don’t to offer his. I let all Members know, SHELBY, who have exhibited enormous want to happen is this: I don’t want postcloture their amendments may patience sitting on the floor waiting Mexican long-haul truckers to be doing fall, and we are going to be moving to for people to offer amendments, would long hauls into the United States of that very quickly. Members have this like nothing better than to have this America until and unless we are sure morning, the next hour and a half, to Senate dispatch this bill. Today. Move they are going to meet the same safety offer any amendments they would like the amendments. Get this bill out of requirements our trucking industry to have considered, either to be in- here. has to meet: the same safety require- cluded in a voice vote that we hope to While someone stands on the floor ments with respect to equipment, and have or to be offered as amendments. and says, is this any way to run the the same safety requirements with re- Otherwise, they may not get their Senate, the way Senator DASCHLE and spect to drivers. project debated on the floor and in- other leaders are trying to run the Sen- As I did yesterday, I refer to a won- cluded in our bill. ate, bringing bills to the floor, offering derful piece written in the San Fran- Senator SHELBY and I are ready to amendments, and getting the bills cisco Chronicle by a reporter who went consider any amendments that Mem- passed, others are sitting on the back to Mexico and rode with a Mexican bers bring. We let them know that if seat of the bicycle built for two with long-haul trucker. This is what he dis- they don’t bring them shortly, they the brakes on, peddling up hill. covered. He rode 3 days in a Mexican will probably not be allowed to be of- The message is either lead or get out truck with a truckdriver. During the 3 fered or included in the bill. of the way for those who want to stall days, they traveled 1,800 miles and that I yield the floor. the business. Senator DASCHLE has truckdriver slept 7 hours in 3 days, The PRESIDING OFFICER. The Sen- come to the floor and said that these driving a truck that would not have ator from North Dakota. are the pieces of legislation we have to passed inspection in this country, driv- Mr. DORGAN. Madam President, I finish before the end of next week. He ing a truck for $7 a day, driving a truck come to the floor to speak again about is serious about that. He should be. He that if it comes to the border in this the issue of highway safety and the understands what the Senate has to ac- country under today’s circumstances issue of allowing Mexican long-haul complish. We have some who don’t care would likely not be inspected for safe- truckers to come in beyond the 20-mile much; they want to stall and stall and ty, and if it were allowed to continue limit in this country because, as the stall. into this country on a long haul, one S8156 CONGRESSIONAL RECORD — SENATE July 25, 2001 would expect that some American driv- Logbooks: In Mexico they say, yes, issues today. Then we can finish this er in his or her rearview mirror would we require logbooks. There is a require- bill. see a truck with 80,000 pounds on an 18- ment in law. But, in fact, no driver car- Senator DASCHLE, the majority lead- wheel truck moving down America’s ries a logbook. It is very much like the er of the Senate, has made it quite highways without an assurance it has Mexican contention that they have clear we have work to do. It does not brakes, without assurance it has the very strict environmental rules. When serve this Senate’s interests to decide kind of safety equipment that we re- we had American manufacturing plants to stay away from the floor of the Sen- quire in this country. I don’t think moving to the maquiladora border, at ate but try to hold up the work of the that is what we ought to allow. the border between the United States Senate. Let’s come to the floor. Let’s I will not speak at great length be- and Mexico, we had people worrying hash these amendments out, decide cause I think there are a couple others about environmental rules. Mexico what we want to do with them, vote on who wish to offer amendments this said: Yes, we have very strict environ- them and pass this piece of legislation. morning. Let me compare the safety mental laws. Yes, they do and they do The Senate owes that to the appropri- regulations between the United States not enforce any of them. Strict laws, ators and the Appropriations Com- and Mexico. The free trade agreement no enforcement. The same is true with mittee. We owe it to Senator DASCHLE between our two countries, one which I logbooks. and Senator LOTT, who are trying to voted against, has in my judgment, not Finally, here is a picture. GAO, the make this Senate do its work on time. been a good trade agreement for our Government Accounting Office, did the I hope today we can see real progress country. Prior to the trade agreement, investigation. Overweight trucks from on this bill. I hope especially one way we had a slight trade surplus with Mex- Mexico hauling steel rolls at Browns- or another, with one strategy or an- ico; now we have turned that into a ville, TX, a gross weight of 134,000 other, we can find a way to represent very large deficit. Now we are told by pounds. The U.S. limit is 80,000 pounds. this country’s best interests on the President Bush that because of that The Department of Transportation’s subject of stopping or preventing the trade agreement, we must allow Mexi- Inspector General said, when we talked long-haul Mexican trucks from coming can trucks into our country beyond the about lack of parking spaces at inspec- into this country because they do not 20-mile border. In other words, we must tion stations in this country as trucks have anywhere near the equivalent allow Mexican trucks without the same enter—and, incidentally, there are very safety standards on which we must in- safety requirements—because those few inspection stations; only two of sist they have, before we allow them to safety requirements do not exist in them on all of that border are open be on American roads. Mexico—to come in with drivers mak- during all commercial operating hours. I yield the floor. I suggest the ab- ing $7 a day and do long hauls in the Most of them have one or two parking sence of a quorum. United States. That is not a trade spaces. In response to one of the prob- The PRESIDING OFFICER. The agreement that seems, in my judg- lems with parking spaces, when we clerk will call the roll. ment, to represent this country’s best said, why don’t they just turn the The senior assistant bill clerk pro- interests. trucks around if they are unsafe, he ceeded to call the roll. Here are the differences between the said: Let me give an example. We have Mr. GRAHAM. Mr. President, I ask United States and Mexico with respect a truck come in from Mexico and we unanimous consent the order for the to safety regulations: Vehicle safety inspect it and it has no brakes. We can- quorum call be dispensed with. standards in the United States, com- not turn it around and send it back to The PRESIDING OFFICER. Without prehensive standards for components Mexico with no brakes, an 18-wheel objection, it is so ordered. The Senator such as anti-lock brakes, underride truck with no brakes. from Florida is recognized. guards, nice visibility, front brakes: Is that what you want in your rear- AMENDMENT NO. 1064 TO AMENDMENT NO. 1025 Mexico, far less rigorous and, in fact, view mirror? I don’t think so. Mr. GRAHAM. Madam President, in in some places no inspection. Max- We have 27 inspection sites, two of October of last year I spoke to the Sen- imum weight: 80,000 pounds in the them have permanent facilities. Most ate about a specific part of the Trans- United States; 135,000 pounds in Mex- of them have no access to telephone portation appropriations, and that was ico. lines to be able to check drivers’ li- the earmarking of intelligent transpor- Hazardous materials rules: Very censes on some sort of database. The tation systems, or ITS, funds. At that strict standards, training, licensure fact is, this is a colossal failure. It time I expressed my concern that intel- and an inspection regime in this coun- would be a serious mistake for our ligent transportation funds had been try that is very strict. In Mexico, fewer country to embrace a policy suggested earmarked over the last several appro- identified chemicals and substances by the President to allow Mexican priations cycles, and that earmarking and fewer licensure requirements. long-haul trucks to come into this was inconsistent with the purposes and Roadside inspections: In this coun- country beyond the 20-mile border and objectives of the underlying legislation try, yes; in Mexico, no. haul all across this country with an in- which authorized ITS funds which was Hours of service: In the United States dustry that nowhere near matches the TEA–21, the current Surface Transpor- you can drive up to 10 hours consecu- safety requirements that we insist on tation Act. tively in the trucking industry. You in this country for trucks and truck- The Surface Transportation Act can work up to 15 consecutive hours drivers. clearly stated the money was to be al- with a mandatory 8 hours of rest. You All of us understand the con- located on a competitive solicitation cannot drive more than 70 hours during sequences. I understand there are peo- process overseen by the Secretary of each 8-day period. In Mexico, none. ple who believe very strongly that we Transportation. I discussed this in the I described the driver who drives for ought to just allow this to happen be- last few months with both Senator 3 days and has 7 hours of sleep, driving cause it is part of our trade agreement. MURRAY and Senator SHELBY, and with a reporter from the San Francisco No trade agreement in this country, raised my concerns. Therefore, I am Chronicle riding beside him—3 days, 7 none, should ever compromise safety in pleased to say that, while there are hours. Do you want you or your family this country—not with respect to food still earmarks of ITS funds in this leg- to have that truck in your rearview safety, not with respect to highway islation, they, in my opinion, are no- mirror? I don’t think so. Hours of serv- safety. No trade agreement has the ticeably less onerous than those ear- ice in Mexico, none. right to compromise safety for the marks to which I objected last October. Random drug testing: In Mexico, American people at any time, period. I thank Senator MURRAY and Senator none. In the United States, yes, for all We have a disagreement about this SHELBY for their efforts in that direc- drivers. issue. We will resolve it, I assume, tion. Medical condition disqualification: In soon. The sooner the better as far as I Let me give a little history and also the United States, yes, we do disqualify am concerned. My hope is that we will point out some of the improvements them for medical conditions if they see people come to the floor of the Sen- which have given me encouragement cannot meet medical conditions. In ate and offer whatever amendments from last year’s Transportation appro- Mexico, no. exist on not only this issue but other priations bill. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8157 In March of 1998, Congress over- cated to most of the earmarks. If you directed towards cities or localities whelmingly approved groundbreaking looked at last year’s Transportation that are in the top 70 most congested transportation legislation, TEA–21. appropriations bill under the provision areas in America, according to the This was not only intended to revamp of ITS, you saw almost a mind-numb- Texas Transportation Institute study. distribution of Federal highway funds ing list of specific communities with Even though I personally believe that but was also to usher America into the dollar amounts behind them. I know there should be no earmarks and that completed interstate period of our from personal experience that ITS, we should fully comply with the pros- highway history. We had spent the bet- while a very potentially valuable com- pects laid out in TEA–21, I am encour- ter part of a half century building the ponent of any transportation plan, is aged to see that the money seems to be interstate system. By the 1990s, that not inexpensive. The plan I am most fa- directed, more so than in the past, to mammoth national effort, at least as it miliar with is Orlando, FL, which is a where the need is the greatest. I again had originally been conceived, has plan that combines many of the compo- commend Senator MURRAY and Senator largely been accomplished. So the nents of a modern ITS system and has SHELBY for that. question was, Where do we go in the had a pricetag in excess of $15 million. As I mentioned last year, I am not ‘‘after interstate construction’’ period? Therefore, when I saw many earmarks categorically opposed to earmarks. One of the areas in which the Con- that were in the range of $500,000, I There may be appropriate areas within a mature transportation program gress clearly believes we needed to go wondered where they were going to get where it is appropriate for Congress to is to make the interstate and our other the ‘‘critical mass’’ of funds needed to indicate a national priority. As a national highway systems as efficient do an effective ITS system, where there former Governor, my preference is to as possible. As the Presiding Officer, was going to be a critical mass of the allocate these funds to the States so who comes from a large and growing various components of ITS that would that the States which have the respon- State, I can appreciate the number of give us the kind of information we are sibility for managing the transpor- interstate lanes you can build through going to need to make the judgment as tation systems for all of their citizens a city such as St. Louis or Kansas City to how far we can push this technology can make intelligent judgments as to is just about limited unless you are and these management systems as an priorities, and then to oversee to deter- prepared to do very significant demoli- increasingly significant part of our na- tion of an urban environment. mine that the actual results which led tional transportation policy. to the appropriations were accom- We increasingly are asking ourselves This year’s Senate bill has earmarks. how we make these systems that are plished. But many of them seem to reach the I have grave concerns about where we already in place operate as efficiently level of critical mass. That gives me as possible. The 1998 TEA–21 legislation are earmarking funds in a program encouragement that we are going to set aside money for research and devel- that is evolving, where the stated pur- actually learn something from these opment and also for the deployment of pose is to be able to enhance our projects because there are enough re- components of intelligent transpor- knowledge of how this system operates, sources for a community to do a seri- tation systems. The goal was to accel- so that in the future we can make more ous ITS program. erate our knowledge of how we make informed judgments as to whether it is A second concern is that there has a program that deserves continued spe- these systems more efficient and then been little correlation between what to develop sound national policy for cific Federal support or whether it we have identified as the Nation’s most dealing with traffic congestion in the should be abandoned or whether it congested communities and where we 21st century. should be accelerated because of its The Intelligent Transportation Pro- have sent our ITS money. In the legis- demonstrated contribution. I am con- gram works to solve congestion and lation of last year, as I pointed out in cerned about the relationship of ear- safety problems, improve operating ef- my October statement, almost no marks to the legislative structure ficiencies in vehicles and in mass tran- money went to the cities that had been which led to the establishment of these sit, in individual automobiles and com- designated as among the 70 most con- creative and evolving programs. mercial vehicles, and reduces the envi- gested cities in America. There has In an effort to allay those concerns ronmental impact of growing travel de- been some improvement this year. about earmarks, I have presented to mand. Intelligent transportation sys- The source of information the Fed- the managers of this legislation—I am tems use modern computers, manage- eral Government looks to to determine pleased to state that they have accept- ment techniques, and information where the greatest congestion on the ed—an amendment that I will soon technology to improve the flow of traf- highway exists is a study which is pro- offer. This amendment states that all fic. duced annually by the Texas Transpor- of the earmarked projects will have to ITS applications range from elec- tation Institute located at Texas A&M meet the authorization standards that tronic highway signs that direct driv- University. They published their an- were included in TEA–21 as to their sig- ers away from congested roadways, to nual report for this year in May. The 10 nificance and the contribution they advanced radio advisories, to more effi- most congested cities in America, will make towards our better under- cient public transit. based on this analysis, are, in order: standing of the potential for intelligent This plan, developed by the Environ- Los Angeles; San Francisco-Oakland; transportation. I thank again Senators ment and Public Works Committee, Chicago; Seattle; Washington, DC, and MURRAY and SHELBY for having indi- was thoughtful and had a specific pur- suburbs; San Diego; Boston; Atlanta; cated their acceptance of this amend- pose in mind: to foster the growth of Denver; and the Portland, OR, area. ment. ITS, and, in a scientific manner, gather Unlike last year’s appropriations bill, Let me conclude with a few words of results from new ITS programs so that actually some money was allocated caution. There is a role for the Na- we could make wise decisions when the this year to these most congested cit- tional Government beyond just redis- next transportation bill is authorized. ies: $3.75 million is going to the State tribution of highway funds to the We might make the decision that ITS of Illinois, assuming some of that will States and territories and the District has been a failure and we should aban- be directed towards the third most con- of Columbia which benefit from those don attempts to improve the effi- gested city in America; $4 million to funds. We also have the opportunity, ciencies of our highways. I personally the Washington, DC, area, the fifth from time to time, to be a national lab- doubt that will be the answer. It is most congested area; $1 million to At- oratory for new, innovative ideas. more likely, I hope, that the answer lanta, the eighth most congested area; There were several of those in TEA–21. will be that the practical necessities and $6 million to the State of Wash- There was a new idea about innova- and limitations of other alternatives ington, again assuming that some will tive financing, how we could better put require us to try to make our existing go to the fourth most congested area of national, State, and, in some cases, pri- highways as efficient as possible and Seattle. vate funds together in order to finance that there are some means of doing Having said that, I point out that 6 of transportation projects. There was a that. the 10 most congested areas did not re- new idea about streamlining and co- One of my concerns from last year’s ceive any of the funds. Of the 44 ear- ordinating the permitting of transpor- bill was the small dollar amount allo- marked areas in the Senate bill, 23 are tation projects so some of the long S8158 CONGRESSIONAL RECORD — SENATE July 25, 2001 delays that we are all familiar with The PRESIDING OFFICER. Without Mr. DORGAN. Mr. President, I ask could be avoided in the future. There objection, it is so ordered. unanimous consent to speak as in was the innovative idea of enhancing The amendment is as follows: morning business for 15 minutes, with our knowledge of intelligent transpor- (Purpose: To ensure that the funds set aside the proviso that if someone comes to tation systems in order to make our for Intelligent Transportation System offer an amendment on the underlying highways more efficient. projects are dedicated to the achievement bill, I will relinquish the floor. Most of those involve a specific pro- of the goals and purposes set forth in the The PRESIDING OFFICER. Without gram, with specific funding authoriza- Intelligent Transportation Systems Act of objection, it is so ordered. 1998) tions. Most of those were intended to (The remarks of Mr. DORGAN and Mr. On page 17, line 11, insert after ‘‘projects’’ REID are printed in today’s RECORD use a competitive process so that the the following: ‘‘that are designed to achieve best of the best ideas could be given a the goals and purposes set forth in section under ‘‘Morning Business.’’) chance to be demonstrated in real life, 5203 of the Intelligent Transportation Sys- Mr. REID. Mr. President, the man- that our knowledge would be acceler- tems Act of 1998 (subtitle C of title V of Pub- ager of this bill and I have spoken on a ated. lic Law 105–178; 112 Stat. 453; 23 U.S.C. 502 number of occasions. We have some However, if we proceed in a manner note)’’. down time here. The Senator from that every time we try to use a na- The PRESIDING OFFICER. The Sen- Georgia is on his way and should be tional laboratory of innovation, what ator from Washington. here momentarily to offer an amend- happens is, the funds that were pro- Mrs. MURRAY. Madam President, ment. We look forward to him offering vided for that end up being earmarked Senator SHELBY and I have both seen that amendment. in an unsystematic, I would say in the amendment. It is a good amend- We have work that has to be done. some cases, irrational manner, then ment, and I think it will be accepted on We have to work on this bill. The Sen- what is the point? Why should we try both sides. ator from Washington and the Senator to be a laboratory of innovation if that Mr. SHELBY. That is right. I have no from Alabama have spent weeks of goal will be frustrated by the manner objection. their lives working on this bill. For in which the funds are distributed, that Mrs. MURRAY. Madam President, I me, in the State of Nevada, the Trans- rather than being distributed on a com- urge adoption of the amendment. portation bill is very important. It is petitive basis, where merit and con- The PRESIDING OFFICER. Is there one of the ways that we in Nevada—es- tribution to the national store of further debate? pecially the rapidly growing Las Vegas knowledge will be the primary objec- If there is no further debate, the area—are able to keep up with the tive, we distribute the money based on question is on agreeing to amendment growth—or try to. We need this. who happens to have the most influ- No. 1064. Not only is this an important bill— ence within the appropriations process? The amendment (No. 1064) was agreed immediately when we think about If that is going to be the pattern, to. transportation, we think of highways— then I, for one, would say, let’s aban- Mr. GRAHAM. Madam President, I but also the innovations in this bill are don the concept of the U.S. National move to reconsider the vote. tremendous. Mrs. MURRAY. I move to lay that Government as a laboratory, and let’s Mrs. MURRAY. If the Senator from motion on the table. Nevada will yield for a moment. just put all those moneys back into the The motion to lay on the table was Mr. REID. I am happy to yield to the pool to be redistributed to the States agreed to. Senator from Washington. under an established formula. Mr. GRAHAM. Thank you, Madam I would personally hope we would not Mrs. MURRAY. Mr. President, we are President. And I thank Senator MUR- abandon that objective and that impor- here on the floor talking about the RAY and Senator SHELBY for their con- Transportation appropriations bill, as tant role the Federal Government can sideration. play as a laboratory, but it is going to The PRESIDING OFFICER. The Sen- the Senator from Nevada has stated. require the kind of discipline that we ator from Washington. We have taken some time to hear have made between October of 2000 and Mrs. MURRAY. Madam President, I about the Patients’ Bill of Rights be- now into July of 2001, where there has thank the Senator from Florida and cause no Members have come to the been progress made in the Senate. We would, again, let all Members know floor to offer their amendments. I can share with you, as chairman of are going to have to continue that dis- that Senator SHELBY and I are in the cipline as we go into conference with Chamber. We say to all Senators, one the Transportation Appropriations the House of Representatives, which, more time, Members have just a short Subcommittee, many Members on the unfortunately, from my examination, timeframe to come to us with any of floor, Republicans and Democrats, have has continued most of the practices their amendments. come to me over the last 5 weeks to that I bemoaned back in the fall of last I understand the Senator from Geor- tell me how critical an airport is in year—a long list of small projects that gia is on his way. We have heard from their State, or a road, a bridge, or a do not seem to have the critical mass several other Senators who may have highway. Many Members have thanked or the direction towards where conges- amendments. I remind all Members me for the money for the Coast Guard tion has been demonstrated to be the that they just have a short time this and for pipeline safety. Many Members greatest and, therefore, where the op- morning to get their amendments here have mentioned to me the critical portunities to learn most about these if they want to speak on them or they issues facing their States, their infra- ITS projects is the greatest. will probably not be able to speak to structure needs that have piled up. We So I will hope our conferees will their issue. have done a good job—Senator SHELBY stand strong for the principles they We want to move this bill forward. and I—in putting a lot of money into have already adopted and the prin- We are here. We are ready. We are these projects that will help families in ciples which are represented in the working. And we would appreciate it if every State in this country to be better amendment which I offer and ask for Members would let us know what able to get to work quickly, to take adoption. amendments they have so we can move care of their kids and get to a baby- The PRESIDING OFFICER. Without this bill. sitter and pick them up before they go objection, the pending amendment will I suggest the absence of a quorum. home, to go to an airport that has im- be set aside, and the clerk will report The PRESIDING OFFICER. The provements so they don’t have long the amendment. clerk will call the roll. waits. Those issues are critical. The assistant legislative clerk read The assistant legislative clerk pro- One amendment on our side is from as follows: ceeded to call the roll. the Senator from Georgia. He will be The Senator from Florida [Mr. GRAHAM] Mr. DORGAN. Mr. President, I ask here shortly. I have heard rumors of proposes an amendment numbered 1064 to unanimous consent the order for the several Members on the Republican amendment No. 1025. quorum call be rescinded. side who have amendments. So far, Mr. GRAHAM. Madam President, I The PRESIDING OFFICER (Mr. ED- none of them has come to the floor. I ask unanimous consent reading of the WARDS). Without objection, it is so or- tell all of our Members that we cannot amendment be dispensed with. dered. get this to conference and advocate for July 25, 2001 CONGRESSIONAL RECORD — SENATE S8159 those needs that you have impressed that is the issue of safety on American aside the pending amendment and call upon us unless we move this bill off the highways, that is the issue of whether up amendment No. 1033 and ask for its floor. We are here, and we want to or not we are going to implement immediate consideration. work with you on amendments. But un- strong safety protections for our con- The PRESIDING OFFICER. Without less somebody comes and offers an stituents across this country in this objection, it is so ordered. The clerk amendment, we are unable to move for- bill. will report. ward. Senator SHELBY and I have worked The legislative clerk read as follows: I remind everybody again that we are very hard in a bipartisan manner to The Senator from Georgia [Mr. CLELAND] moving to a cloture vote tomorrow. put together strong safety require- proposes an amendment numbered 1033 to Your amendments will not likely be in ments that we believe will ensure that amendment No. 1025. order after that, and we will not be the Mexican trucks under NAFTA that Mr. CLELAND. Mr. President, I ask able to help you with that. Again, I are crossing our border have drivers unanimous consent that the reading of plead with our colleagues on both who are licensed, that have been in- the amendment be dispensed with. sides, if you have amendments, come to spected at their sites, that are not The PRESIDING OFFICER. Without the floor now. Let us know. We are overweight, and we can assure our con- objection, it is so ordered. happy to work with you. Otherwise, stituents we have safe roads. We be- The amendment is as follows: your project will not be part of the bill lieve the unanimous consent of the Ap- (Purpose: To direct the State of Georgia, in that is going to move out of here. propriations Committee allowed us to expending certain funds, to give priority I thank my colleague from Nevada. move forward on that. consideration to certain projects) Mr. REID. If I may say to the man- We believe a number of Members of On page 81, between lines 13 and 14, insert ager of this bill, I believe that cloture the Senate agree with those safety pro- the following: will be invoked. This legislation is so visions and are not willing to doom SEC. 3ll. PRIORITY HIGHWAY PROJECTS, GEOR- important to this Senator and my col- their projects on a cloture vote over GIA. league, the junior Senator from Ne- the safety provisions that have been in- In selecting projects to carry out using vada. cluded in this bill. Again, that vote funds apportioned under section 110 of title We know how this bill helps us. The 23, United States Code, the State of Georgia will occur tomorrow and we will see shall give priority consideration to the fol- Senator mentioned surface transpor- where the votes are. We want to move lowing projects: tation. One of the things the Senator is this bill forward. (1) Improving Johnson Ferry Road from helping us with on this bill, which we I see the Senator from Georgia is the Chattahoochee River to Abernathy Road, needed so badly, is a fixed-rail system, here. I do know he has an amendment, including the bridge over the Chattahoochee the monorail we have to take from the and we will hear from him shortly on River. airport. McCarran Field now gets al- that, and we will be able to move to a (2) Widening Abernathy Road from 2 to 4 most 40 million visitors a year in that vote on that amendment. I again re- lanes from Johnson Ferry Road to Roswell little airport, and we need some way to mind all of our colleagues, if they have Road. bring those people into the strip and amendments, get them to the floor. Mr. CLELAND. Mr. President, this the downtown. Mr. REID. It is my understanding— amendment addresses a critical issue I say to my friend, having managed a and I say to my friend from Wash- of safety in my State of Georgia, and I number of appropriation bills over the ington, she and her staff have spent a want to thank the distinguished chair- years, if by some chance this bill does lot of time trying to work something man of the subcommittee, Senator not pass and whoever is responsible for out with Senators MCCAIN and MURRAY, and the ranking member, defeating this bill, either directly or GRAMM—that as we speak there are ne- Senator SHELBY, from the great State indirectly, when this bill goes on some gotiations in progress; Is that true? of Alabama, for all their work on this big omnibus bill, many of these Mrs. MURRAY. The Senator from tremendous issue of transportation, projects, many of these programs Nevada is correct. which is the cornerstone and building which Senator MURRAY and Senator We met late last night with the staffs block really of our economic develop- SHELBY have worked so hard on will from a number of Republican offices. ment in this country. just be gone. Is that a fair statement? We believe we are able to talk to them Recently, State Farm Insurance Mrs. MURRAY. The Senator from about some issues on which we can pos- ranked the most deadly intersections Nevada is absolutely correct. We can sibly agree, but as many Members of in the Nation, and five intersections in fight for these projects in the con- the Senate on both sides agree, we can- Georgia made that list. Georgia actu- ference bill with the House committee not compromise on some key safety ally is the fastest growing State east of that has spoken on many of these provisions we believe are essential. We the Mississippi, and we are in many issues as well. If cloture is not invoked are continuing to talk to Senator ways suffering the aftereffects in terms and this bill ends up in an omnibus bill, MCCAIN, Senator GRAMM, and other of our traffic problems. we will be subject to whatever small Senators on the other side who do not Today I am offering an amendment amount of money we have left to deal want to see provisions in this bill re- to improve one of the five most dan- with, and we do not know what that garding safety. gerous intersections in my State. Spe- will be, depending on some of the other We will continue to have those dis- cifically, my amendment would require appropriations bills that go through cussions up to and including the vote the State of Georgia to give priority here. tomorrow, but I tell all of our col- consideration to improvements that I tell my colleague from Nevada that leagues I think the provisions in this would impact the killer intersection of I have worked very hard to fund the bill regarding safety are absolutely im- Abernathy Road and Roswell Road in President’s priorities within this bill. perative. I think a majority of the Sandy Springs, just north of Atlanta. In fact, we did much better in the Sen- Members of the Senate agree with us. This deadly intersection is located in ate bill than the House did for the That does not preclude us from talk- Metropolitan Atlanta which now has President’s priorities. Those may well ing. We have given our full faith to do the longest average vehicle miles trav- not be part of the final package if we that. eled in the Nation. It has, sadly, be- move to an omnibus bill on this. We will be meeting with those Mem- come the Nation’s poster child for pol- I agree with the Senator from Ne- bers again this afternoon and with the lution, gridlock, and sprawl—not a vada; we will likely invoke cloture to- Department of Transportation to see if pretty sight. morrow because so many Members we can come to some agreements on There are 85,000 automobiles which have such critical projects that may that, but meanwhile we are ready and travel this particular corridor every not be there if we do not move on this willing to work. day, and to make matters worse this bill. The PRESIDING OFFICER. The Sen- artery narrows from four lanes to two I say to my colleague from Nevada, ator from Georgia. lanes at the historic Chattahoochee and to the Presiding Officer of the Sen- AMENDMENT NO. 1033 TO AMENDMENT NO. 1025 River, as one crosses from Cobb County ate, it is clear there is one issue that is Mr. CLELAND. Mr. President, I ask into Fulton County. The result is a hanging up this bill at this point, and unanimous consent to temporarily lay bottleneck of historic proportions, S8160 CONGRESSIONAL RECORD — SENATE July 25, 2001 which has continued to be a problem The PRESIDING OFFICER. Is there safety. In fact, I would argue that I am for 25 years. According to an article re- objection? more concerned and with better reason cently appearing in the Atlanta Jour- Mr. GRAMM. Reserving the right to about truck safety than any other nal-Constitution newspaper, ‘‘Fender object, I just ask for one clarification. Member of the Senate except my col- benders never stop,’’ at Abernathy and My amendment would be a second-de- league from Texas, Mrs. HUTCHISON, Roswell Road intersection and the four gree amendment to the pending Mur- since we have more Mexican trucks op- other killer intersections in Georgia ray amendment. With that change, I erating in Texas than any other State which made State Farm’s list. would have no objection. in the Union and the implementation Specifically, my amendment calls for Mr. REID. Although I did not under- of NAFTA will in and of itself assure Georgia to give priority consideration stand that, I do now and so I move to that more Mexican trucks transit high- to improving Johnson Ferry Road from amend my unanimous consent request. ways in Texas than in any other State the Chattahoochee River to Abernathy The PRESIDING OFFICER. Is there in the Union. Road, including the heavily traveled objection to the request as so modified? What I want and what NAFTA calls bridge over the Chattahoochee River. Hearing none, it is so ordered. The Sen- for—and I believe that I will show con- It also calls for priority consideration ator from Texas. vincingly what it calls for—is that in widening Abernathy Road from two Mr. GRAMM. Madam President, I Mexican trucks under NAFTA have to to four lanes from Johnson Ferry Road thank the distinguished Democratic be subject to the same safety standards to Roswell Road. These improvements floor leader for working with me as he that we apply to our own trucks and to enjoy widespread bipartisan support in so often does in helping the Senate Canadian trucks, no more and no less. my State, from the Governor of Geor- move forward in an efficient fashion. There are some circumstances where gia to the Georgia Department of Mr. REID. I thank the Senator. the inspection regime and the enforce- Transportation, to Cobb County and AMENDMENT NO. 1065 TO AMENDMENT NO. 1030 ment regime might be different, but Fulton County and their elected com- (Purpose: To prevent discrimination in the the standards and the impact cannot be missioners. application of truck safety standards) different. Let me begin with a docu- I stress that my amendment calls for Mr. GRAMM. Madam President, I ment. This thick, brown document I no new money—no new money. The im- send an amendment to the desk on be- have here is the North American Free provements to this deadly intersection half of myself, Senator MCCAIN, and Trade Agreement. This is the agree- would come from formula funds al- Senator DOMENICI and I ask for its im- ment that was signed by the President ready guaranteed to Georgia. mediate consideration and I ask it be of the United States, the President of As the AJC article points out, this is read. Mexico, and the Prime Minister of Can- not a new issue. The streets named by The PRESIDING OFFICER. The ada. It is the agreement through legis- State Farm ‘‘have had their reputa- clerk will report. lation that we ratified. I want to read tions for some time.’’ In fact, my dis- The bill clerk read as follows: from this agreement as it relates to tinguished colleague in the House, Rep- The Senator from Texas [Mr. GRAMM] for cross-border trade in services. Trans- resentative JOHNNY ISAKSON, has waged himself, Mr. MCCAIN and Mr. DOMENICI, pro- portation is a service. The basic two this important battle for 25 years. Con- poses an amendment numbered 1065: commitments we made under this gress now has an opportunity to do At the end of the amendment, insert the NAFTA trade agreement are embodied something which will be critically im- following: ‘‘Provided, That notwithstanding in the following two articles: Article portant to metro Atlanta, the State of any other provision of this section, and con- 1202, national treatment, says: Georgia, and the safety of their citi- sistent with United States obligations under zens. I call on my colleagues to support the North American Free Trade Agreement, Each party shall accord the service pro- this amendment. nothing in this section shall be applied so as viders of another party treatment no less fa- to discriminate against Mexico by imposing I thank the distinguished chairman vorable than that it accords in like cir- any requirements on a Mexican motor car- cumstances, to its own service providers. of the subcommittee and ranking mem- rier that seeks to operate in the United ber from Alabama for this opportunity States that do not exist with regard to Let me read that again ‘‘each to talk about this important amend- United States and Canadian motor carriers, party’’—obviously that is the United ment. in recognition of the fact that the North States, Mexico, and Canada—‘‘shall ac- I yield the floor. American Free Trade Agreement is an agree- cord the service providers of another The PRESIDING OFFICER (Ms. ment among three free and equal nations, party’’—that is our trading partners, so CANTWELL). The Senator from Nevada. each of which has recognized rights and obli- ‘‘we’’ are the United States, that is Mr. REID. Madam President, I sug- gations under that trade agreement.’’. Mexico and Canada—‘‘treatment no gest the absence of a quorum. Mr. GRAMM. Madam President, I less favorable than that it accords in The PRESIDING OFFICER. The think the amendment is fairly self-ex- like circumstances to its own service clerk will call the roll. planatory. But since this is somewhat providers.’’ The bill clerk proceeded to call the of a complicated issue in that it has to The second provision is a most-fa- roll. do with a Transportation appropria- vored-nation treatment, and it says ba- Mr. REID. Madam President, I ask tions bill and a rider which is now sically the same thing, but for com- unanimous consent the order for the pending to it, which I am trying to pleteness let me read both: quorum call be dispensed with. amend, and in that it relates to The PRESIDING OFFICER. Without NAFTA, what I would like to do in the Each party shall accord the service pro- objection it is so ordered. next few minutes is try to go back to viders of another party treatment no less fa- vorable than that it accords, in like cir- Mr. REID. Madam President, I ask the beginning and explain what the cumstances, to the service providers of any unanimous consent the Cleland amend- NAFTA agreement said, what the obli- other party or nonparty. ment be laid aside and Senator GRAMM gations are that we have undertaken— of Texas be recognized to offer a first- the President signing NAFTA, co- What is our obligation under this degree amendment; further, that the signing it with the President of Mexico trade agreement that the President time until 12:20 be under the control of and the Prime Minister of Canada—and signed and we ratified by passing legis- Senator GRAMM and that the time from what obligations we undertook as a lation which was signed into law, mak- 12:20 to 12:25 be under the control of Congress when we ratified that agree- ing this agreement the law of the land? Senator MURRAY; that immediately fol- ment by adopting enabling legislation, Our obligation is with regard to lowing the expiration of her time, we thereby committing not only the exec- cross-border trade in services and, in would move to a vote in relation to the utive branch but the American Govern- this particular case, trucks. We are Cleland amendment; that there would ment to NAFTA. going to treat Mexican trucks the same be no second-degree amendments in Much has been said about truck safe- as we treat our own trucks, and we are order prior to the vote; further, that ty. I want to make it clear to my col- going to treat our own trucks the same following the disposition of the Cleland leagues and anybody who is following as we treat Canadian trucks. amendment, the Senate resume consid- this debate that so far as I am con- The basic commitment we made eration of the Gramm amendment. cerned there is no disagreement about when we ratified this agreement was July 25, 2001 CONGRESSIONAL RECORD — SENATE S8161 that we were going to treat Mexican it also makes it clear that you don’t Let me cite four violations. Under trucks no less favorably than we treat- have to enforce them in exactly the the Murray amendment, it is illegal for ed trucks in the United States. We same way. For example, it would not Mexican trucks to operate in the were going to allow in a free trade be a violation of NAFTA for us to begin United States unless they have pur- agreement the free provision of truck- our new relationship with Mexico by chased American insurance. That is a ing services in North America, whether inspecting Mexican trucks that come flat-out violation of NAFTA. Why do I those trucking services were provided into the United States. say that? Because it is not required in by an American company, a Mexican I note that would be substantially the United States that Canadian company, or a Canadian company. different than what we do now. Cur- trucks purchase American insurance. Each of those companies would be sub- rently, in the year 2000, 28 percent of In fact, the great majority of trucks ject to safety standards, but the safety all American trucks operating in our that operate in the United States from standards would have to be the same. country were inspected. Forty-eight Canada—100,685 trucks last year—the They would not have to be imple- percent of all Canadian trucks oper- great preponderance of those trucks mented identically, but the standards ating in America were inspected. Sev- had either Canadian insurance or Brit- would have to be the same. enty-three percent of all Mexican ish insurance. Many of them are in- There is a proviso. I want to be sure trucks were inspected. sured by Lloyd’s of London. that I talk about this proviso. The It would not be a violation of NAFTA Requiring that Mexican trucks have United States has a proviso in the in admitting Mexican trucks to operate American insurance is a violation of agreement. That proviso is on page nationwide, for the first time for us to NAFTA because we do not require that 1,631. It consists basically of three pro- inspect every truck until standards our own trucks have American insur- visions. The first provision says that 3 were established and until a pattern ance. We require that they have insur- years after the date of signatory of this was developed where it became clear ance, but we do not require that the in- agreement, cross-border truck services that Mexican trucks were meeting surance company be domiciled in the to or from the border States of Cali- American standards. United States of America. We require fornia, Arizona, New Mexico, and After the point where the disquali- that Canadian trucks have insurance, Texas, such persons will be permitted fication rate was similar on American but we don’t require that the insurance to enter and depart the territory of the trucks, Canadian trucks, and Mexican company be domiciled in the United United States through different ports trucks, then continuing to require an States of America. But the Murray of entry. inspection of all Mexican trucks with- amendment requires that Mexican In other words, the first reservation out any evidence that such inspection trucks have insurance from insurance or proviso was that for 3 years we were was required to meet the standards, at companies that are domiciled in the going to allow Mexican trucks only in some point that would become a viola- United States of America. And that is these border States. Three years after tion of NAFTA, but it would not be a as clear a violation of NAFTA as you we entered into the agreement and it violation in the implementation can have a violation of NAFTA. It vio- was in force, we were going to allow phases. lates the basic principle of national cross-border scheduled bus services. Senator MCCAIN has proposed—and I treatment. That was the second reservation or support—a safety regime that initially Let me give you a second example. proviso. would inspect every truck coming into We have regulations related to com- The third was that 6 years after the the United States from Mexico. If the panies leasing their trucks. We have date of entry into force of this agree- way the Mexican Government keeps its laws and regulations in the United ment we would have cross-border records is different than the way the States. We enforce those laws on Amer- trucking services provided on a nation- Canadian Government keeps its records ican trucks. We enforce those laws as wide basis. or the way the United States Govern- they relate to Canadian trucks. But What does the treaty say that the ment keeps its records, it would not be the Murray amendment has a special President signed and that we ratified a violation of NAFTA for us to set up provision that applies only to Mexican with an act of Congress? It says, sub- a separate regime in how we interface trucking companies. That provision is ject to phasing in a policy for 3 years with the Mexican Government to en- that Mexican trucking companies, if where the trucks operate only in bor- force uniform standards. That would they are under suspension or restric- der areas, after the treaty was in force not be a violation. But where viola- tion or limitations, cannot lease their for 6 years we would have free trade in tions come is not in enforcing under trucks to another company. trucking. different circumstances. Where viola- I am not arguing that we should not Those are the only provisos. We had tions come is when the standard is dif- have such a provision in the United no other reservations in this trade ferent. States. Quite frankly, I would be op- agreement. It is perfectly within the bounds of posed to it. Why would we force a The basic principle of the trade NAFTA that you can have a different trucking company that cannot provide agreement was that we would have na- inspection regime because of the dif- a certain service to simply let its tional treatment for Mexican trucks. ference in circumstance. But it is a trucks sit idle when the trucks can Converted into simple, understandable violation of NAFTA, a violation of the pass a safety standard and some other words, that means Mexican trucks law, and a violation of the letter and trucking company might use them? would be treated for regulatory pur- the spirit of an international obliga- For our own trucks, we have deemed poses as if they were American tion that we undertook and we will- that to be inefficient. For our own trucks—no better, no worse. That is ingly ratified when you have different trucking companies, we have deemed the law of the land. This is a ratified standards for Mexican trucks as com- that to be destructive of their eco- trade agreement which is now the law pared to American trucks and Cana- nomic welfare. We have the same of the United States of America. dian trucks. standard for Canadian trucks. But Let me try to explain what would be Let me give you four examples of under the Murray amendment, we do allowed under this law and what would provisions in the Murray amendment not have the same provision with re- not be allowed under this law. that violate NAFTA. gard to Mexican trucks. Therefore, the There has been a lot of discussion Again, why do they violate NAFTA? Murray amendment violates NAFTA. about whether or not the pending Mur- It is not a violation of NAFTA if you It violates NAFTA because you cannot ray amendment violates NAFTA. Let have a different inspection regime to say that an American company that is me go over, within the provisions of achieve the same result. That is con- subject to suspension, restriction, or what I have just read, what constitutes templated in NAFTA. In fact, the limitation can lease its trucks, that a a violation. North American Free Trade Agreement Canadian company that is subject to First of all, the provision makes it arbitration panel has noted that there the same restrictions can lease its very clear that you have to have the is nothing wrong with enforcing the trucks, but that a Mexican company, same standards. You cannot have dis- same standards differently depending that is subject to the same restric- criminatory standards. But, obviously, on the circumstances. tions, cannot lease its trucks. You can S8162 CONGRESSIONAL RECORD — SENATE July 25, 2001 treat Mexican trucks any way you ing to the administration; and I am for tions process, as was alleged earlier treat your own trucks, but you cannot, the implementation of this law; I am today. Nor is it acceptable for us to be under NAFTA, treat them any dif- for the regulations—but you cannot told to go ahead and pass this legisla- ferently. I made that clear when I read say, under a national treatment stand- tion and hope that it is worked out in the two provisions directly related to ard, which we entered into—signed and a conference where neither the Senator trucking. ratified—you cannot say, American from Texas nor I will be present. Another clear violation is a violation trucks can operate without this law I won’t sit idly by on this issue just with regard to penalties. We have pen- being implemented, Canadian trucks because I don’t happen to be serving on alties in the United States. If you are can operate without this law being im- the Appropriations Committee. a bad actor, if you do not maintain plemented, but Mexican trucks cannot Let me remind my colleagues, the ju- your trucks, if you do not operate operate without this law being imple- risdiction of truck and bus safety is them safely, if you violate other provi- mented. That violates NAFTA. And it under the Senate Committee on Com- sions, we, in the name of public safety, is clearly illegal under the treaty. merce, Science, and Transportation. I do—and we should—impose penalties. Let me sum up by saying I have a let- can assure the Senate, I was not con- But the penalties that we apply to our ter from the Secretary of the Economy sulted in advance regarding the Appro- own truckers and we apply to Canadian in Mexico. Let me conclude by reading priations Committee’s truck provi- truckers, under this bill we would have just a couple sentences, and then I sions. This is my opportunity to ex- a different penalty regime, and that want to yield to Senator MCCAIN. press my views and seek what I believe penalty regime would prohibit foreign I quote the letter: are reasonable modifications to certain carriers from operating—reading the Mexico expects nondiscriminatory treat- provisions that are simply not work- language—apparently, permanently, ment from the U.S. as stipulated under the able. based on violations. NAFTA.... Each and every truck company The amendment would take an im- Look, we would have every right, from Mexico ought to be given the oppor- portant first step to ensure the intent under NAFTA, to say, if you violate tunity to show it complies fully with U.S. of any of the provisions ultimately ap- the law, you are permanently banned standards at the state and federal lev- proved by the Congress is not allowed from ever being in the trucking busi- els.... to discriminate against Mexico. This We are very concerned after regarding— ness again. We very quickly would have does not say they can’t be different. It nobody in the trucking business. But I am sure they mean ‘‘looking at’’— says they can’t discriminate. we can do that. If we did that to our the Murray amendment and the Administra- Later on I will go through various own trucking companies, we could do it tion’s position regarding it that the legisla- provisions that clearly discriminate. I to Mexican trucking companies; we tive outcome may . . . constitute a violation believe our disagreement is really of the agreement. could do it to Canadian trucking com- about the question of whether the Mur- panies. But what we cannot do—the This amendment would guarantee ray provisions are simply different line over which we cannot step, and that we do not discriminate against methods or if, in their totality, the 22 which this pending measure, the Mur- Mexico. That is what this issue is requirements result in an indefinite ray amendment, does step—is treat about. This is not about safety; this is blanket ban. The panel ruled that a Mexican trucks and Mexican trucking about the question of whether or not blanket ban was a violation of our companies differently than you treat Mexican trucks, in a free trade agree- NAFTA obligation, and the senior ad- American trucking companies and than ment, where we committed to equal visers to the President of the United you treat Canadian trucking compa- treatment, will in fact be treated States have clearly indicated they will nies. equally. recommend the President veto this bill Let me give one more example, and Madam President, it is my under- if it includes either the House-passed then I will sum up, because I see my standing that we have the floor for an- or pending Senate language. dear colleague, Senator MCCAIN, is in other 6 minutes, and then the Senator As the Statement of Administration the Chamber. from Washington will be recognized. Policy said yesterday: The Senate com- Another provision of the pending Didn’t the unanimous consent agree- mittee has adopted provisions that Murray amendment makes reference to ment say 12:25? could cause the United States to vio- the Motor Carrier Safety Improvement Mrs. MURRAY. The unanimous con- late our commitments under NAFTA, Act of 1999. This was a provision of law sent agreement gives the Senator until et cetera. adopted by the Congress, signed by the 12:20. I have 5 minutes, and then we go This is a very serious issue. The les- President, in 1999, that made revisions to a vote. son here should be, No. 1, we should not relative to safety. Mr. GRAMM. Was it 12:20? be doing this on an appropriations bill. This bill was adopted, and it applies Let me ask unanimous consent that That is the first lesson. Members of the to every American trucking company, Senator MCCAIN have 5 minutes and committee of jurisdiction were neither and it applies to every Canadian truck- then Senator MURRAY have as much consulted nor involved in any of this ing company. And it can apply to every time as she would like. process. Then once we were told it was Mexican trucking company. But that is Mr. REID. The only problem with there, we should ignore it because it is not what the provision in the Murray that is one of the Senators has a per- already in there and leave it to the ap- amendment does. sonal situation. What we can do is have propriators. I will not do that. I will The Murray amendment says, until Senator MCCAIN speak until 12:25, and not do that on this issue or any other the regulations that are contained in then Senator MURRAY speak from 12:25 issue, including one that is viewed, at this 1999 law are written, and fully im- until 12:30, and the vote will be put least by the President of the United plemented, Mexican trucks cannot op- over by 5 minutes. States, as a violation of the North erate in the United States. If the bill Mr. GRAMM. We thank the Senator. American Free Trade Agreement, a sol- said, American trucks cannot operate Mr. REID. Madam President, I ask emn treaty entered into by three na- until it is implemented and Canadian unanimous consent that that be the tions. trucks cannot operate until it is imple- order. This is a very serious issue. That is mented, we might all go hungry, but The PRESIDING OFFICER. Without why we may spend a long, long time on that would not violate NAFTA. objection, it is so ordered. it. What violates NAFTA is, while we The Senator from Arizona. A suggestion has been made that the have not written the regulations and Mr. MCCAIN. Madam President, I language be dropped. It was made by a implemented this act, we have 100,000 thank my friend from Nevada for his member of the Appropriations Com- Canadian trucks operating in the usual courtesy and consideration. I mittee. I fully support that. Let the United States. And by singling out may not even take the 5 minutes be- language be dropped. We understand Mexican trucks and saying they cannot cause I think we will be debating this there is onerous language in the House. come in until these regulations are amendment for some period of time. We will proceed because we can’t do written and implemented—which prob- Let me assure my colleagues, we are anything about what the other body ably cannot be done for 2 years, accord- not seeking to hold up the appropria- does. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8163 Another suggestion has been to nego- good reason for that. It is shown on The assistant legislative clerk called tiate. I have to tell my colleagues this chart. the roll. again, there has not been negotiations. Of the trucks that are inspected, 36 Mr. NICKLES. I announce that the Thankfully, there has been a meeting. percent found in violation are Mexican Senator from Tennessee (Mr. THOMP- I have negotiated perhaps 200 pieces of trucks; 24 percent, American; only 14 SON) is necessarily absent. legislation since I have been in this percent, Canadian. It is very clear that Mr. REID. I announce that the Sen- body, some of them fairly serious Mexican trucks crossing the border ator from Vermont (Mr. JEFFORDS) is issues such as campaign finance re- have safety violations. That is why a necessarily absent. number of our constituents across this form, a Patients’ Bill of Rights, the The PRESIDING OFFICER. Are there country are telling us that, in order to line-item veto, and others. I am used to any other Senators in the Chamber de- move forward the NAFTA provisions, negotiating. I want us to at least come siring to vote? to some agreement. In many respects, we need to ensure that our people who The result was announced—yeas 90, on the 22 requirements as imposed by are driving on the highway, who see nays 8, as follows: this legislation, we could have some Mexican trucks or Canadian trucks or workout language. So far there has not American trucks, know they are in fact [Rollcall Vote No. 249 Leg.] been one comma, not one period, not safe. YEAS—90 one word changed in the present lan- This isn’t discriminating against Akaka Dodd Lincoln guage of the bill. Mexico. It is ensuring the safety of the Allard Domenici Lott That is why Senator GRAMM and I are American public is something that this Allen Dorgan Lugar Congress and this Senate stands be- Baucus Durbin McConnell required to at least see that we do not Bayh Edwards Mikulski discriminate against our neighbor to hind. Bennett Ensign Miller the south, and we will have other I am a supporter of NAFTA. I am a Biden Feingold Murkowski amendments to make sure that it supporter of free trade. But I am not a Bingaman Feinstein Murray supporter of allowing the American Bond Fitzgerald Nelson (FL) doesn’t happen, not to mention a viola- Boxer Frist Nelson (NE) tion of a treaty in wording that is con- public traveling our highways to be un- Breaux Graham Nickles tained in an appropriations bill. safe. The provisions in the underlying Brownback Grassley Reed bill do not violate NAFTA, no matter Burns Gregg Reid Later this year I am going to propose Byrd Hagel Roberts a rule change on which I am sure I will what the Senator from Texas says. Campbell Harkin Rockefeller only get a handful of votes. We ought That is not just my opinion. It is the Cantwell Hatch Santorum to abolish the Appropriations Com- opinion of the arbitration panel under Carnahan Helms Sarbanes NAFTA that said in their document: Carper Hollings Schumer mittee. The Appropriations Committee Chafee Hutchinson Sessions has taken on so much power and so The United States may not be required to Cleland Inhofe Shelby much authority. It was never envi- treat applications from Mexican trucking Clinton Inouye Smith (NH) firms in exactly the same manner as applica- Cochran Johnson Smith (OR) sioned that we would be here debating Collins Kennedy Snowe language in an appropriations bill that tions from United States or Canadian firms.... U.S. authorities are responsible Conrad Kerry Stabenow violates a treaty, a solemn treaty be- for the safe operations of trucks within U.S. Corzine Kohl Stevens tween three nations. Craig Kyl Thurmond territory, whether ownership is United Crapo Landrieu Torricelli If I seem exercised about it, I am be- States, Canadian or Mexican. Daschle Leahy Warner cause we are not giving every Senator Clearly, they tell us that we have the Dayton Levin Wellstone the voice that they deserve in rep- right in this country to ensure that DeWine Lieberman Wyden resenting the people of their State trucks coming across our borders are NAYS—8 when, on appropriations bills, language safe. That is what the Murray-Shelby Bunning Hutchison Thomas of this nature is added which has such amendment does. It is not just my Enzi McCain Voinovich profound impact not only on domestic opinion. It is the opinion of the NAFTA Gramm Specter but international relations. arbitration panel that is very clear NOT VOTING—2 I will discuss much further this im- about that. Jeffords Thompson portant amendment by the Senator The Senator from Texas is trying to from Texas. say we are violating provisions of The amendment (No. 1033) was agreed I yield back the remainder of my NAFTA. We are not. We are assuring, to. time. as we have a right to under the treaty, Mr. DASCHLE. I move to reconsider The PRESIDING OFFICER. The Sen- that people who travel in this country, the vote by which the amendment was ator from Washington. families who are on vacation, traveling agreed to. Mrs. MURRAY. Madam President, to work, dropping their kids off at Mr. REID. I move to lay that motion clearly, as the Senator from Arizona school, know that the trucks on the on the table. knows, our staffs met until a little highway with them follow specific safe- The motion to lay on the table was after midnight last night. We stand ty provisions. That is what the under- agreed to. ready to continue to talk with him lying amendment does. about any way that we can find that al- Mr. DASCHLE. Madam President, we The amendment before us clearly is have been consulting on both sides of lows him and other colleagues on the an attempt to gut those safety provi- other side to believe we have moved. the aisle over the last several mo- sions and will mean that families in ments. The authors of the Gramm- We also have to deal with a number this country cannot be assured of their of colleagues, both Republicans and McCain amendment have agreed to a safety. vote on that amendment at 1:45. It is Democrats, who believe as strongly as We have a right under NAFTA to do my expectation we will have a vote at I do in safety. And we will continue to that. As a supporter of NAFTA, I will 1:45 on the McCain-Gramm amendment have those discussions and negotia- fight with everything I have to assure and then we will at that point enter- tions as long as possible. that the American public is safe under tain the possibility of moving to the The amendment sent forward by the any treaty obligation we have. Senator from Texas is about whether I thank the Chair. Iranian-Libyan Sanctions Act if we can reach a unanimous consent agreement or not we can put provisions into legis- VOTE ON AMENDMENT NO. 1033 with regard to time. lation that require safety on our high- Mrs. MURRAY. Madam President, I ways regarding Mexican trucks. Any ask for the yeas and nays on the So far, one of our colleagues is still effort by the Senator from Texas to Cleland amendment. contemplating what his legislative op- change that and try to talk about The PRESIDING OFFICER. Is there a tions might be, and we have not been other issues simply is not fact. This is sufficient second? able to reach that agreement. If we are an issue of safety. The provisions under There appears to be. not able to reach that agreement, we the bill do, in fact, subject Mexican The question is on agreeing to will proceed with additional amend- trucks to stricter provisions than do amendment No. 1033. The clerk will ments to the transportation bill. Canadian trucks, but there is a very call the roll. I yield the floor. S8164 CONGRESSIONAL RECORD — SENATE July 25, 2001 AMENDMENT NO. 1065 It is illogical, in my judgment, to do At the hearing we held in the Com- The PRESIDING OFFICER (Mrs. that. This is not about singling Mexico merce Committee, we were told of the BOXER). The Senator from North Da- out. It is about protecting our people 27 border stations through which kota. on our highways. trucks enter this country. Only two of Mr. DORGAN. Are we on the Gramm- Do you want or do you want your them have inspection facilities that McCain amendment? loved one to look in a rearview mirror are open during all commercial hours The PRESIDING OFFICER. The Sen- and see an 18-wheel truck bearing down of operations. Even in those cir- ator is correct. on you with a 80,000-pound load, won- cumstances there are a very limited Mr. DORGAN. Madam President, I dering whether it has been inspected, number of inspectors. In most cases rise in opposition to the amendment. whether it has brakes, whether the where they have inspectors, they work Some of us think the Murray-Shelby driver has driven for 2 days and slept only a few hours a day, and they have amendment that is in the bill is not for 6 hours? Do you want that for your- one or two parking spaces for a truck. strong enough. I certainly would op- self or your family or your neighbor? I We asked the Secretary and Inspec- pose attempts to weaken it. The issue don’t, nor do I think would most Amer- tor General of the Department of here is not that we are singling out one icans want that to be the case. Transportation: Why do you need a country versus another country. The I know one might say: You are being parking space? They said: We just can’t issue is safety on American highways. pejorative here about Mexican truckers turn them back. For example, if a The fact is that we have a trade agree- and the Mexican trucking industry. All truck comes and has no brakes, we ment that links the United States, I can tell you is it is a very different can’t turn that truck back to Mexico. Canada, and Mexico. I happen to have industry than the U.S. trucking indus- Let’s not forget that 36 percent of the voted against that agreement because I try. They drive a much older fleet of Mexican trucks inspected are placed think it is very hard to link two econo- trucks than we do. They do not have out of service for serious safety viola- mies as dissimilar as the economies of the same requirements that we have imposed on our drivers. They don’t tions. the United States and Mexico. Think about this for a moment. A Notwithstanding my vote against the have the same inspection regime that truck shows up at the border with a trade agreement, I don’t think anyone we impose on American trucks. driver who has been driving for 3 days who voted in favor of it ever would The question for this Senate is, What have contemplated, when they were kind of safety requirements are we and has had 7 hours of sleep. They dis- voting, that we would be required to going to require and impose on our cover it has no brakes. They don’t have compromise safety on America’s high- highways with respect to foreign a parking space to park it. They know ways as part of the trade agreement. trucks that are coming into this coun- they cannot turn it back. Here we in That is not logical at all. try hauling foreign goods? I have said the Senate are debating about allowing I indicated earlier this morning that before, let me just say it again, the ul- trucks into this country unimpeded. we and Mexico have very different timate perversity, in my judgment, of The other side says that Mexican standards with respect to long-haul this terrible trade agreement will be to trucks face a serious inspection re- trucking. The proposition by the Presi- have Mexican long-haul truckers driv- gime. Show me. Show me the money. dent and by the NAFTA arbitration ing unsafe trucks, hauling unfairly Show me the money you are going to panel that ruled on this is that we subsidized Canadian grain into Amer- commit to have a rigorous regime of should allow Mexican long-haul trucks ican cities. You talk about a hood or- inspection at every single U.S.-Mexico to operate within this country beyond nament to foolishness, that is it. border crossing. Show me the money the 20-miles in which they are cur- With respect to the amendment, the because it doesn’t exist. rently permitted. amendment on the floor now is to Even if you show me the money, The logical question to ask is, What weaken the Murray-Shelby language. I show me the compliance regime by should we expect from the Mexican have spent time on the floor saying, which you send investigators down to trucking industry? Can we expect them frankly, the Murray-Shelby language is Mexico to investigate the trucking to meet the same safety requirements not bulletproof as far as I am con- companies before they give them the that are imposed on American trucking cerned, in terms of preventing unsafe Good Housekeeping Seal of Approval so firms and drivers? The answer clearly vehicles from coming onto American we know when someone shows up with is no. They have no minimum standard highways. I would much prefer the a logbook that it hasn’t been filled 10 hours of service in Mexico. They do not House version, the so-called Sabo lan- minutes before they reached the bor- carry logbooks in their truck. They, by guage, which the House passed 2–1, der; that it is not somebody who has and large, do not have inspections for which simply said no funds can be ex- been up for 20 hours. Show me the safety on their vehicles. They have no pended to approve applications to money by which you will be able to random drug testing for their truck- allow long-haul Mexican trucks into show the American people they should drivers. You can just go on and on. All this country in the next fiscal year. have confidence these trucks and driv- of us understand they do not have any- It will take some time to integrate ers belong on America’s highways. where near the kind of safety inspec- the trucking requirements and regula- You cannot do it because that money tions and regulatory requirements that tions between our countries. Perhaps it does not exist in our appropriations we impose on our trucking industry in can be done, but there is not a ghost of bills to accomplish that task, and ev- this country. a chance it can be done by January 1 of erybody here knows it. Yet we are de- Let me refer again to the San Fran- next year, which is when President bating the conditions under which we cisco Chronicle that I thought did a Bush says we ought to allow this to allow these trucks into this country. wonderful piece. I know it is just anec- happen. There is not a ghost of a The issue before us is the amendment dotal but still it is, in my judgment, chance for that to occur. offered by my colleagues, Senators representative of what we find with the We had a hearing in the Commerce GRAMM and MCCAIN. I do not support Mexican trucking industry. Committee on which I serve, and the it. In fact, I do not support at all allow- A reporter went to Mexico and spent Secretary of Transportation and the ing Mexican trucks to enter this coun- 3 days riding with a Mexican trucker. Inspector General for the Department try during the next fiscal year. What I They had a long-haul truck carrying of Transportation testified. The testi- do support is to have our people seri- freight from Mexico City to Tijuana. mony was fascinating. We have 27 bor- ously begin discussions on how you They drove 1,800 miles in 3 days. The der stations through which Mexican could create reasonably similar inspec- truckdriver slept 7 hours in 3 days. trucks now move into this country. tion opportunities and investigations This is a truckdriver sleeps 7 hours in They are only allowed to go 20 miles of the trucking companies and their 3 days and drives a truck that could into this country because of safety con- drivers so at some point when we do not pass a safety inspection in this cerns. Yet we have found truckdrivers this, that we have some certainty of country. And we are told that a trade operating Mexican trucks in 26 States safety on America’s roads. agreement requires us to allow Mexi- in our country, including the State of We are nowhere near that time can trucks into this country for long North Dakota. So we know that the frame. It is not going to happen in 6 hauls, notwithstanding other issues. current 20-mile limit is being violated. months. And, in my judgment, it is not July 25, 2001 CONGRESSIONAL RECORD — SENATE S8165 going to happen in 18 months. But we cles exactly the same as we treat U.S. the border to Mexican trucks because have to start working on it now. The vehicles. The certification process for of serious safety concerns. Indeed, nu- best way to work on it, in my judg- Mexican trucks and buses needs to be merous reports have documented these ment, is to do what the House of Rep- adapted to the different forms and concerns failing brakes, overweight resentatives did. The worst possible availability of safety information used trucks, and uninsured, unlicensed driv- thing to do at this moment is to water by government officials in Mexico. The ers to name just a few. down the Murray-Shelby language, Gramm amendment would have forbid- The Department of Transportation’s which is too weak. This amendment den any adaption of our certification most recent figures indicate that Mexi- waters down language that I think is process to the safety and regulatory can trucks are much more likely to be not sufficient. situation in Mexico. ordered off the road for severe safety The worst possible moment for this Let me be clear, the Senate bill does deficiencies than either U.S. or Cana- Senate would be to support an amend- not discriminate against Mexico. The dian trucks. ment that carves out the foundation or Murray language in this bill does not While a NAFTA arbitration panel has weakens the foundation of a protection establish different safety standards for ruled that the United States must ini- that, in my judgment, still does not Mexican-owned trucks and buses. Rath- tiate efforts to open the border to these meet efficiency. er, the Senate language will ensure trucks, we need to be clear about what I am going to oppose the amendment that Mexican trucks and buses meet the panel has said. offered today by my two colleagues. I the same safety standards that U.S. The panel indicated, and I quote: have great respect for both of them. and Canadian trucks are required to ‘‘the United States may not be re- In my judgment, the Senate will do meet, before they are allowed free ac- quired to treat applications from Mexi- this country no favor if it rushes to say cess to our highways. can trucking firms in exactly the same that the NAFTA trade agreement al- There is another point I would like to manner as applications from United lows us to compromise safety on Amer- make. The State of New Mexico is not States or Canadian firms. . . . U.S. au- ica’s roads. A trade agreement, should ready to deal with a dramatic increase thorities are responsible for the safe never, under any circumstance, ask in cross-border trucks. The New Mexico operations of trucks within U.S. terri- any of us to cast a vote that jeopard- Department of Public Safety has not tory, whether ownership is United izes the safety of America’s highways. completed the truck inspection facility States, Canadian, or Mexican.’’ No trade agreement has that right. No at Santa Teresa—our largest border Moreover, U.S. compliance with its trade agreement that anyone votes for, crossing—because the Governor vetoed NAFTA obligations—and again to in my judgment, should allow that to $1 million he had requested for the quote the panel: ‘‘would not nec- happen to this country. project. Another facility at Orogrande, essarily require providing favorable I yield the floor. on U.S. Highway 54 in Otero County, consideration to all or to any specific Mr. BINGAMAN. Madam President, I has not been built. Both of these facili- number of applications’’ for Mexican would like to address the Gramm ties were to include both weigh-in-mo- trucks so long as these applications are amendment and the underlying issue of tion and static scales to ensure all reviewed ‘‘on a case-by-case basis.’’ cross-border trucking. cross-border trucks comply with New In other words, the U.S. government First, I compliment Chairman MUR- Mexico’s weight-distance road-use fees. is well within its rights to impose RAY and Senator SHELBY for their fine They will also be equipped to perform standards it considers necessary to en- work on this Transportation Appro- full level-one safety inspections. sure that our highways are safe. priations bill and to thank them for For years Congress has failed to pro- The Administration has suggested the funding provided for a number of vide the additional funds needed for that it is seeking to treat U.S., Mexi- important projects in New Mexico. border States to prepare for the addi- can, and Canadian trucks in the same At the outset, let me say that I sup- tional truck traffic that we all know way—but we are not required to treat ported NAFTA, and I continue to sup- would result from NAFTA. This year, them in the same way. That’s what the port free trade. I do believe NAFTA is the Senate bill has provided an addi- NAFTA panel said. good for the country and good for New tional $103.2 million—$13.9 for 80 addi- With Mexican trucks, there are Mexico. However, it is not inconsistent tional Federal safety inspectors, $18 greater safety risks. And where there with NAFTA to ensure that trucks and million in safety grants to States, and are greater safety risks, we can impose buses crossing the border from Mexico $71.3 million for construction and im- stricter safety standards. meet all of our safety standards. provement of inspection facilities such In addition to safety, we must also be I do believe the American people ex- as those at Santa Teresa and concerned about the effect on our envi- pect Congress to ensure that our high- Orogrande in my State. The House bill, ronment. I am co-sponsoring an amend- ways are safe to all users. The fact is unfortunately, does not contain this ment by Senator KERRY to ensure safety standards in Mexico for trucks additional funding. that—consistent with the NAFTA— and buses are not the same as in our I applaud Senator MURRAY and the opening our border to Mexican trucks country. NAFTA doesn’t require that members of the Senate Committee for does not result in environmental dam- they be consistent. Under NAFTA, do- providing this important additional age. mestic trucks and buses operating in funding. I urge the House to accept the Mr. REID. Madam President, I ask Mexico must comply with Mexican Senate funding levels. When the addi- unanimous consent that the time be- standards and Mexican vehicles oper- tional inspectors are in place and our tween now and 2:15 p.m. be equally di- ating in our country must comply with inspection facilities are completed, I vided between Senators GRAMM and our standards. The Mexican Govern- believe we will be in much better posi- MURRAY, or their designees, and that at ment has never sought reduced safety tion to begin opening our borders fully 2:15 either Senators MURRAY or SHELBY or security standards for its trucks and to cross-border trucking. be recognized to move to table the buses. Again, I compliment Chairman MUR- Gramm amendment. The regulatory structure and sys- RAY and Senator SHELBY for their work The PRESIDING OFFICER. Is there tems currently in place of ensuring the on this bill. objection? Without objection, it is so safety of trucks and buses in Mexico, Mr. BAUCUS. Madam President, I ordered. including driver safety records, li- rise today to discuss the issue of Mexi- The Senator from Florida. censes, insurance records, hours of can trucks. I want to applaud Senator Mr. NELSON of Florida. Madam service logs, and so forth, are not as so- MURRAY and Senator SHELBY for their President, I wanted to add my voice to phisticated as ours or those used in efforts to craft a common-sense solu- the Senator from North Dakota. It is Canada. tion on this issue. Their provision just beyond me that in the name of free In recognition of the differences in would ensure strong safety require- trade we would be for sacrificing the standards and regulatory regimes, the ments and would be consistent with safety of Americans on American high- NAFTA Arbitration Panel concluded our obligations under NAFTA. ways. the United States did not have to con- As most people are well aware, the I had occasion to rise on the floor sider applications from Mexican vehi- last Administration delayed opening yesterday to point out with a chart all S8166 CONGRESSIONAL RECORD — SENATE July 25, 2001 of the huge differences between the a difficult and important moment for Would he like to offer a requirement safety standards for trucks in Mexico the Senate. that we reduce licensing requirements and trucks in America. If there is one Madam President, it is fairly said from the age of 21 to 18 years old? How consistent complaint I have had in a that in an institution such as the Sen- about the licensing of the trucks them- lifetime of public service to my con- ate, every interest is ultimately rep- selves? How about background checks stituents, it is about safety on our resented; in an enormous country of for criminal activity for those who will roadways. How many times over the varied industries and peoples, there is haul hazardous cargo? I doubt it. course of three decades have the people someone who will represent every The Senator from Arizona is a rea- of Florida said to me as their elected cause. sonable man. He cares about his con- representative that they saw this or The cause that Senator MCCAIN stituents and, obviously, his country. that safety violation or they were con- brings to the Senate today is fair No Member of this Senate would pro- cerned about how the truck suddenly trade. Indeed, this is a cause in which pose any of those things. Yet that is cut them off or that they saw a truck we have all participated in recent the practical effect of exactly what he spewing all kinds of emissions. years. I voted for the Canadian-Amer- offers. If we then allow new lower standard ican Free Trade Agreement. I have Mexico, until recently, has had no re- Mexican trucks on American roadways, come to this Chamber in favor of the strictions on hazardous cargo—no not even to speak of the lower safety World Trade Organization. We have all warnings, no signs, no background standards that have been articulated understood that open, free, and fair checks. Those cargoes will flow into by the Senator from North Dakota, trade is a foundation of our prosperity. America. what about the environmental stand- But, ultimately, Senator MCCAIN Mexico does not have the emissions ards? What about all of the emissions makes the point not for free trade, but controls of the United States that have that will be coming from these trucks that any good cause can be taken to its been so important in my State and that we don’t allow from our own illogical conclusion. This is the limit other urban areas around the country. trucks? Are we not concerned about of common sense, and it is a collision Those trucks will come into the United our environment? Are we not con- between our fundamental belief in free States. cerned about global warming? Are we trade and our belief in a variety of Ten years ago, Senators rose in this not getting ready to seriously address other causes for more than a genera- Chamber—to the man and woman—as the mileage standards of automobiles tion. we witnessed hazardous cargoes being We believe in free trade, but we also and SUVs in order to try to reduce the dumped into our rivers and along our believe in a number of other things I emissions into the atmosphere to try highways, as people dumped these dan- want to outline for the Senate today. to do something about global warming? gerous cargoes. We did background We believe in protecting American checks to ensure the highest integrity Here we are about to address an citizens on our highways. We believe in of those hauling such cargoes. Mexico amendment that is going to allow for the highest standards of automotive does not. One day it might. Today, it lower emission standards for Mexican construction. We believe in emissions does not. Those trucks will enter trucks. controls. We believe in safety from haz- It is, as we say in the South, just be- America. ardous cargo. We believe in licensing Why would we do indirectly—by al- yond me that we would seriously allow, and training drivers. We believe in all lowing unlicensed, uninspected Mexi- in the name of free trade, this safety- of these things. can trucks into the United States— jeopardizing situation for our Amer- We believe in free trade, to be cer- ican motorists on our American high- tain, but not to the exclusion of every- that which no logical person would do ways. thing else. That is the issue before the directly in repealing our own laws? I yield the floor. Senate. This is the effect. The PRESIDING OFFICER. Who For 50 years, we have looked, in hor- And here is the further reality: One yields time? ror, at the death toll on American day, if NAFTA succeeds, the regulatory Mrs. MURRAY. Madam President, I highways. Every year, 100,000 Ameri- systems between Mexico and the ask unanimous consent that under the cans are injured on our American high- United States will be similar as they quorum, the time be equally divided. ways with large trucks hauling cargo. are between the United States and Can- The PRESIDING OFFICER. Without Not hundreds but thousands of Ameri- ada. One day, respect for environ- objection, it is so ordered. cans lose their lives. mental protection, hazardous cargoes, Mrs. MURRAY. I suggest the absence Democrats and Republicans and and labor rights will be similar. That of a quorum. State legislatures and the American will be a good day for all nations. And The PRESIDING OFFICER. The Congress have responded through the in that equalization, this border can clerk will call the roll. years by insisting on weight limita- truly be liberalized and opened fully The legislative clerk proceeded to tions, training, and better engineering. and fairly, for the movement of peoples call the roll. It has been a struggle of generations to and cargoes as we now want it, for Mr. REID. Madam President, I ask reduce these numbers, even as our trade under NAFTA. unanimous consent that the order for economy grew. We have not reached that point. the quorum call be rescinded. The Senator from Arizona would These are fundamentally different The PRESIDING OFFICER. Without bring to this Senate Chamber today a transportation systems. The average objection, it is so ordered. proposal that on January 1 the United Mexican truck is 15 years old. That The PRESIDING OFFICER. The Sen- States will allow Mexican trucks to means Mexican highways have trucks ator from Washington. come across the borders on to the high- that may be 20, 25, and 30 years old. Mrs. MURRAY. Madam President, ways of every State in the Nation, rec- The average truck on the interstate how much time is on each side? ognizing that at the 27 crossing points highway system in the United States is The PRESIDING OFFICER. On Sen- from Mexico to America there are in- 4 years old—with modern emissions ator GRAMM’s side, 31 minutes 15 sec- spectors, 24 hours a day, at 2. Every controls, modern braking systems, onds; on the side of the Senator from other road, during all those hours of antilock braking systems, and equip- Washington, 27 minutes 45 seconds. the day, is without inspection for ment for foul weather, with proper Mrs. MURRAY. Thank you, Madam weight or qualifications or licenses. communications. President. Those trucks will traverse our high- I respect my colleagues on the other Madam President, I yield 10 minutes ways. side of the aisle. But as they rise to de- to the Senator from New Jersey. Would the Senator from Arizona fend NAFTA, who will rise in this Sen- The PRESIDING OFFICER. The Sen- come to this Senate Chamber and ask ate Chamber and defend the average ator from New Jersey. that we repeal weight limitations on American family, who rides the inter- Mr. TORRICELLI. Madam President, American trucks? I think not. state highway system, with their chil- I thank the Senator from Washington Would he come to this Senate Cham- dren strapped in the back seat, to go not only for yielding me the time but ber and ask that we repeal emissions out for the afternoon, already sharing for leading this effort in what has been controls? I doubt it. our interstate highway system with July 25, 2001 CONGRESSIONAL RECORD — SENATE S8167 massive 18-wheel trucks, sometimes The Senator from Washington. driving for hours; that in fact we can two and three trucks long, a necessity Mrs. MURRAY. Madam President, I test them for drugs as we do with our of a modern economy, now sharing that ask unanimous consent that the last 5 own truckdrivers. Your decal amend- road with 18-year-old drivers, poten- minutes of the debate be reserved for ment that is so important would say tially in 15-, 20-, and 25-year-old trucks, Senator SHELBY. that the truck companies in Mexico hauling massive cargo while unli- The PRESIDING OFFICER. Without would have to comply with our safety censed, uninspected, potentially objection, it is so ordered. standards, and they would be inspected harzardous cargo? It is not a theo- Mrs. MURRAY. I ask unanimous con- in Mexico and not have situations that retical threat. sent that time spent under the quorum we have now where the trucks are Of those Mexican trucks that now are call be equally divided and suggest the stopped at the border and, by the way, inspected, theoretically, arguably the absence of a quorum. 2 percent of the trucks coming in are best of the Mexican trucks, since they The PRESIDING OFFICER. Without stopped because we don’t have enough are subjecting themselves to inspec- objection, it is so ordered. The clerk enforcement. And as Senator tion, 40 percent are failing. The most will call the roll. TORRICELLI said, 40 percent of them common element: their brakes don’t The bill clerk proceeded to call the fail; my figure is about 36 percent, but work; second, inadequate stoplights. roll. it is somewhere in that vicinity. Who in this Senate wants to be respon- (Mrs. MURRAY assumed the chair.) And then I asked the inspector gen- sible for telling the first American Mrs. BOXER. Madam President, I ask eral, who appeared at the Commerce family to lose a wife or a child that unanimous consent that the order for Committee hearing, why it was that we this was at the alter of free trade? Free the quorum call be rescinded. didn’t send these trucks back. He sim- trade to be sure, but have we become so The PRESIDING OFFICER. Without ply said, ‘‘because they have no blinded in our faith in free trade that objection, it is so ordered. brakes.’’ I would not want to be the we have lost our commitment to all Mrs. BOXER. Madam President, I ask Senator in this Chamber who votes other principles, including the safety of unanimous consent to be told when I against Senator MURRAY’s safety lan- our own constituents? have used up to 6 minutes. guage and has to face the parent of a I have seen causes without merit in The PRESIDING OFFICER. Without child who is killed, or a family of sur- the Chamber of the Senate before, but objection, it is so ordered. vivors of someone who is hurt or killed. never a cause that so little deserved Mrs. BOXER. Then I will end my re- I was at a press conference about a advocacy. To be intellectually honest, marks and the Senator from Arizona year ago where I was calling for tough- the authors of this amendment that can have the floor at that time. er standards for our own trucks, our would strike Senator MURRAY’s lan- Madam President, I have listened to own drivers. We still have far too many guage in the bill should come to the this debate, and I have participated in injuries on our own highways, and we floor with the following proposal: The it. I believe, in light of Senator need to even tighten those up. What we United States has a limit of 85,000 TORRICELLI’s remarks, that if he was are ready to do here with this loophole pounds for trucks because heavier the only one in the Senate who felt amendment offered by Senator GRAMM trucks destroy our roads and cost the strongly about this issue and how right is to dilute your provision and Senator taxpayers billions of dollars in repair. you were on the issue, Madam Presi- SHELBY’s provision that would, in fact, Mexican trucks are 135,000 pounds. dent, he would stand and be proud. simply ensure that we are ready for Come to the Senate floor and repeal I want to make it clear that a lot of this phase of NAFTA. We cannot be so the American limit and make it iden- us do agree with you about the impor- ideological, bow down at the altar of tical with Mexico, if that is what you tance of passing your underlying lan- free trade, and blind ourselves to re- believe. guage and your amendment that you ality. If it means somebody makes a American drivers are 21 years old. In offered to strengthen the safety of complaint against us, I want to be Mexico, they are 18. Come to the Sen- NAFTA trucks. there, I say to my friend from Arizona. ate floor and repeal the 21-year-old As a member of the Commerce Com- I will defend us. I will say to those limit. We are licensing these drivers to mittee—I am a new member—I had the folks sitting in judgment of us that we ensure they can handle hazardous honor of sitting through the hearing want our people safe on the roads. cargo and toxic waste. Come to the that I actually had requested that Sen- When I asked former Congressman Senate floor and repeal that back- ator HOLLINGS hold on the issue of Mineta, now Secretary Mineta, about ground requirement. NAFTA trucks. I have nothing but the this, he said the law says we cannot I do not believe Senator MURRAY’s highest regard for former Congressman allow trucks on our roads that don’t language is perfect. I do not believe in Mineta, now the Secretary of Transpor- meet the standards. That is right, but a year or in 18 months we can reconcile tation, but I believe very much—and if we can’t enforce it, what good is it? differences between the trucking indus- this is with great respect—that he is try in Mexico and the United States. If we can’t enforce the law, what good not really ready to make January 1 the Indeed, I do not believe we can do so in is it? deadline to allow these trucks into the If we have a law, and we do, which a decade. I am certain of this: There is no interior of the country. says you can’t walk into a super- One of the things that happened at chance of having an inspection regime market and pull out a lethal weapon in place by January 1—none. This is that hearing was one of the witnesses and threaten someone, but we never not only wrong; this is irresponsible. I, said something to the effect that those enforce it, and there are robberies for one, if I were the only Member of of us who were concerned on the safety going on all over the country and no- this institution, would not have my issue were really against Mexico. I re- body is enforcing it and going after the fingerprints on the loss of life that will member at the time Senator DORGAN, bad guys, what good is it? follow. in a sense, chastised that particular So until we have enforcement mecha- Yes, there is an advocate for every witness and said: This is ridiculous. nisms in place where all trucks are in- cause in the Senate. Perhaps every I said at the time, and I want to re- spected either at the border or they cause should be heard, every voice peat now, that the reason I feel so have a decal before they cross, I am not should be recognized. This cause does strongly that the trucks coming afraid to fight for our right in a court not deserve advocacy. Free trade, yes, through our country should be safe is that is looking at NAFTA. Senator but to the exclusion of the safety and to protect the people that I represent MURRAY and Senator SHELBY say very interests of our citizens, never. in California, 30 to 40 percent of whom clearly that their provision does not I rise in support of Senator MURRAY’s are Mexican Americans. violate NAFTA—does not violate language and urge the Senate to reject I want to protect all the people. I NAFTA. The fact is, I happen to know the amendment offered by the Senator want to make sure, as Senator that Senator MURRAY supports many from Arizona. TORRICELLI says, truckdrivers who free trade agreements. The Senator’s I yield the floor. come through the border are rested; State depends on free trade. Yet you The PRESIDING OFFICER. The Sen- that they don’t have any medical con- are the one who has taken a considered ator’s time has expired. dition that might prevent them from approach to this. You have made sure S8168 CONGRESSIONAL RECORD — SENATE July 25, 2001 your language doesn’t interfere with trucks and inspections in the United There are two pages in the McCain- NAFTA. You are simply saying that we States. There are 8 million registered Gramm-Domenici substitute that re- want to make sure before these provi- trucks in the United States; 2.3 million quire additional inspections, sions go into effect, where these long- of them have been inspected. That is 28 verification, insurance, rulemakings, haul trucks can come in, that they, in percent. Now, 100,685 Canadian trucks et cetera. But all of those are not in essence, are compatible with our laws. have been in the United States, of violation of NAFTA. One reason why What a straightforward, commonsense which 48,000, or 48 percent have been they are not is because of this informa- idea. I can’t imagine how the American inspected. There have been 63,000 tion here. Federal motor carrier safety people could understand it if we would trucks from Mexico operating in the laws and regulations apply to all com- do anything less. We have to have the United States, of which 46,000, or 73 mercial motor vehicles operating in same standards, and we have to enforce percent of them have been inspected. the United States. the same standards. According to the McCain-Gramm- When the United States-Mexico bor- Therefore, I strongly support Senator Domenici amendment, which the ad- der is open, all Mexican carriers that MURRAY’s amendment in the under- ministration agrees with, we would have authority to operate beyond the lying bill, the decal amendment. make sure that every Mexican truck is commercial zones must comply with I yield the floor at this time. inspected—every single one. all Federal motor carrier safety laws The PRESIDING OFFICER. Who This chart says ‘‘inspection results/ and regulations and all other applica- yields time? The Senator from Arizona. out-of-service rates.’’ It says 8 percent ble laws and regulations. Mr. MCCAIN. Madam President, I in the United States, 9.5 in Canada, and Mexican carriers will be subject to could not help but be entertained by 6 percent in Mexico. The vehicle out-of- the same Federal and State regulations the remarks of the Senator from Cali- service rate for Mexico is 36 percent. and procedures which apply to all other fornia who says—I guess she feels if she The problem is that it has been 36 per- carriers that operate in the United says it often enough, it will be true— cent, as opposed to 14 percent for Can- States. These include all applicable that it doesn’t violate NAFTA; it ada, and 24 percent for the United laws and regulations administered by doesn’t violate NAFTA; it doesn’t vio- States. That is why we have in our sub- the U.S. Customs Service, the Immi- late NAFTA. stitute some very detailed, important, Well, although she may not agree gration and Naturalization Service, the and very stringent requirements, in- Department of Labor, and the Depart- with the results of the last election, cluding: the fact is that the President of the ment of Transportation. All of these The Department of Transportation Federal motor carrier safety require- United States happens to be an indi- must conduct a safety review of Mexi- vidual who believes that it is in viola- ments have to be complied with by any can carriers before the carrier is grant- carrier that comes up from Mexico. tion of NAFTA, and his senior advisers ed conditional operating authority to have said the Murray language is in For the illumination of my col- operate beyond U.S. municipalities and leagues, this is what is required for a violation of NAFTA, and the President commercial zones on the U.S.-Mexico has said he may have to veto because Canadian carrier to operate within the border. United States of America. This is off of NAFTA. So with all consideration The safety review must include the Federal Motor Carrier Safety Ad- for the views that the Murray language verification of available performance ministration’s Web site. is not in violation of NAFTA, the fact data and safety management programs, is, according to the President’s senior including drug and alcohol testing, Basically, what is required is, over advisers, it is. drivers’ qualifications, drivers’ hours- the Internet, to verify under penalty of This morning at 11:15, the President of-service records, records of periodic perjury, under the laws of the United said: vehicle inspections, insurance, and States of America, that all information I also am aware that there are some for- other information necessary to deter- supplied on the form or anything relat- eign policy matters in the Congress. And I mine the carrier’s preparedness to com- ing to the information is true and cor- urge Congress to deal fairly with Mexico and ply with U.S. motor carrier safety rect. Then $300 is sent in and the car- to not treat the Mexican truck industry in rier operates in the United States of an unfair fashion; that I believe strongly we rules and regulations. It requires every vehicle operating America. That is what is required as can have safety measures in place that will far as Canadian vehicles are concerned. make sure our highways are safe. But we beyond the commercial zones of a should not single out Mexico. Mexico is our motor carrier with authority to do so I hope someday carriers from Mexico close friend and ally and we must treat them to display a Commercial Vehicle Safe- will be able to exercise exactly that with respect and uphold NAFTA and the ty Alliance decal obtained as a result same procedure. We all know that is spirit of NAFTA. of a level 1 North American standard not possible now, and that is why we So every Senator is entitled to their inspection or level V vehicle-only in- need very much to have additional re- views; I view them with great respect. spection, and imposes fines on motor quirements until such time as Mexican But the reality is that the President of carriers operating a vehicle in viola- carriers meet the standards that pre- the United States and his senior advis- tion of this requirement to pay a fine vail in the United States of America. ers—unless changes are made, the of up to $10,000. I have a number of comments about President’s senior advisers will rec- It requires the DOT to establish a section 343, the so-called Murray lan- ommend that the President veto the policy that any safety review of a guage, and I will not go through them bill. So that is the situation on the motor carrier seeking operating au- right now because the subject of dis- ground, as we say. thority to operate beyond U.S. munici- cussion is the pending Gramm amend- This amendment that is pending, palities and commercial zones on the ment. The pending Gramm amendment however, really has everything to do U.S.-Mexico border should be con- basically says that we cannot discrimi- with discrimination, and this amend- ducted onsite at the motor carrier’s fa- nate against Mexico. This amendment ment is very simple in its language be- cilities when warranted by safety con- was carefully crafted. cause all it says is: siderations or the availability of safety In all candor, so that everybody Nothing in this section shall be applied so performance data. knows what they are voting on, some as to discriminate against Mexico by impos- It requires Federal and State inspec- of the language in the so-called Murray ing any requirements on a Mexican motor tors, in conjunction with a level 1 language would be negated by this be- carrier that seeks to operate in the United North American standard inspection, cause in the view of the President, in States that do not exist with regard to to verify electrotonically or otherwise, the view of this Senator, in the view of United States and Canadian motor carriers, in recognition of the fact that the North the license of each driver of such a the Department of Transportation, and American Free Trade Agreement is an agree- motor carrier commercial vehicle in the view of the country of Mexico, ment among three free and equal nations, crossing the border, and for DOT to in- the language contained is discrimina- each of which has recognized rights and obli- stitute a policy for random electronic tory. This is a very important issue to gations under that trade agreement. verification of the license of drivers of our neighbors to the south. This is a We need to talk about some facts for commercial vehicles at U.S.-Mexico very important issue in our relations a minute. These are the numbers of border crossings. with Mexico. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8169 It is a very important issue for those the requirement to inspect every delay in opening the border for another who purport to be a friend of the coun- truck, would apply to Mexico, not to 2 years or more. This would be a direct try of Mexico. This is a very important Canada, and that really is the point. violation of NAFTA. It effectively pro- issue. The fact that we are going to We can and should impose strict re- vides a blanket prohibition on allowing vote on whether we choose to or choose quirements on Mexico. any Mexican motor carrier from oper- not to discriminate against the coun- The Senator cited inspection statis- ating beyond the commercial zones. try of Mexico, and we are taking a re- tics. These are the results of those in- Does that permit a case-by-case review corded vote on that issue, is one of sig- spections. We believe very clearly, as of a carrier? I do not believe so. nificant importance. the NAFTA arbitration panel has stat- I would like to find one objective ob- I hope all of my colleagues will vote, ed, that the underlying provisions are server who does not view the Murray no matter how they feel about the not a violation of NAFTA, and we language as delaying implementation Gramm-McCain amendment or the sub- think the Senate should uphold the of NAFTA by 2 or 3 years. I do not see stitute on which Senator GRAMM, Sen- NAFTA arbitration panel by voting to how in the world any objective ob- ator DOMENICI and I will seek a vote at table the Gramm amendment. server could believe that the require- the appropriate time. I know Senator SHELBY has 5 minutes ments, including onsite inspections and We intend to stay on this issue. We remaining on his side. How much time the inspector general going down into intend to do whatever we can in the fu- is left on the other side? Mexico, could possibly do anything but ture to make sure the Appropriations The PRESIDING OFFICER. Senator delay the implementation of NAFTA, Committee does not legislate on an ap- MCCAIN has 171⁄2 minutes left, and there and that is what it is all about. This propriations bill, particularly where it is 5 minutes left on the side of the op- view is shared by a number of us, as affects trade agreements between sov- ponents of the Gramm amendment. well as the President’s senior advisers. ereign nations, and we intend to see Mrs. MURRAY. Madam President, I Let me give an example of a provi- this issue through. We are heartened reserve the remainder of my time. sion that could be viewed as more than by the support and commitment of the The PRESIDING OFFICER. The Sen- simply different. It concerns how a President of the United States as ex- ator from Arizona. Mexican carrier would receive author- pressed as recently as a couple of hours Mr. MCCAIN. Madam President, first ity to operate in the United States ago. of all, we do not disagree over the fact under the Murray provision. Madam President, I reserve the re- that the February report of the NAFTA The Murray provision requires the mainder of my time. Dispute Resolution Panel does not pre- Federal Motor Carrier Safety Adminis- Mr. SHELBY. Madam President, I vent the United States from imposing tration to conduct a full safety compli- suggest the absence of a quorum. different requirements on foreign car- ance review before granting condi- The PRESIDING OFFICER (Mrs. riers. In fact, let me quote from the re- tional operating authority and again BOXER). The clerk will call the roll. port: before granting permanent authority The bill clerk proceeded to call the It is important to note what the Panel is to assign a safety rating to the carrier. roll. not determining. It is not making a deter- The reviews must be conducted onsite Mrs. MURRAY. Madam President, I mination that the Parties of NAFTA could in Mexico. ask unanimous consent the order for not set the level of protection that they con- The problem with that requirement the quorum call be rescinded. sider appropriate in pursuit of legitimate is that a ‘‘compliance review’’ assesses The PRESIDING OFFICER. Without regulatory objectives. It is not disagreeing carrier performance while operating in that the safety of trucking services is a le- objection, it is so ordered. gitimate regulatory objective. the United States. It is conducted when The Senator from Washington. a carrier’s performance indicates a I agree with that. Mrs. MURRAY. Madam President, it problem—that it is ‘‘at risk.’’ As a The panel goes on to say: is my understanding that quorum calls technical matter, a full-fledged compli- will be equally divided. Is that correct? The United States may not be required to ance review of a Mexican carrier would The PRESIDING OFFICER. The Sen- treat applications from Mexican trucking be meaningless since that carrier firms exactly the same as applications from ator needs to make that request. the U.S. or Canadian firms, as long as they would not have been operating in this Mrs. MURRAY. I ask unanimous con- are reviewed on a case by case basis. country and would not have the type of sent that the quorum call be equally That is why I pointed out the dif- performance data that is audited dur- divided. ference between how a Canadian car- ing a compliance review. If the Depart- The PRESIDING OFFICER. Without rier can enter the United States, basi- ment of Transportation is forced to objection, it is so ordered. conduct what would largely be a mean- Mrs. MURRAY. Madam President, I cally filing over the Internet, as op- posed to the provisions we have in our ingless compliance review, every car- suggest the absence of a quorum. rier will receive a satisfactory rating The PRESIDING OFFICER. The substitute which are very stringent and detailed. because there will be no records or data clerk will call the roll. on which to find violations of the Fed- However, in order to satisfy its own legiti- The bill clerk proceeded to call the eral Motor Carrier Safety Regulations. roll. mate safety concerns the United States de- cides, exceptionally, to impose requirements There are, three more important pro- Mrs. MURRAY. Madam President, I on Mexican carriers that differ from those visions that clearly would delay the ask unanimous consent the order for imposed on U.S. or Canadian Carriers, then implementation of NAFTA, and that is the quorum call be rescinded. any such decision must (a) be made in good clearly a violation of NAFTA. The PRESIDING OFFICER. Without faith with respect to a legitimate safety con- I reserve the remainder of my time. objection, it is so ordered. cern and (b) implement differing require- The PRESIDING OFFICER (Mr. CAR- Mrs. MURRAY. Madam President, ments that fully conform with all relevant PER). The Senator reserves the remain- how much time remains on our side? NAFTA provisions. der of his time. Who yields time? The PRESIDING OFFICER. Six min- I believe that what our disagreement Mr. SHELBY. I suggest the absence utes. is really all about is the question of of a quorum. Mrs. MURRAY. Madam President, I whether the Murray provisions are The PRESIDING OFFICER. The know the last 5 minutes of our time is simply ‘‘different methods’’ or, if in clerk will call the roll. yielded to Senator SHELBY, so I ask their totality, the 22 requirements The legislative clerk proceeded to unanimous consent to use 1 minute of —there are 22 requirements in the Mur- call the roll. that time. ray language—result in an indefinite Mr. SHELBY. Mr. President, I ask The PRESIDING OFFICER. Without blanket ban. The panel ruled that a unanimous consent that the order for objection, it is so ordered. blanket ban was a violation of our the quorum call be rescinded. Mrs. MURRAY. Madam President, I NAFTA obligations. The PRESIDING OFFICER. Without rise to make a very simple point. The As I have already mentioned on sev- objection, it is so ordered. Senator from Arizona listed a series of eral occasions, the administration esti- Mr. SHELBY. Mr. President, we have provisions contained in his proposed mates that the Senate provisions under heard a lot about this debate in the substitute. Those provisions, such as section 343 would result in a further last few days, what it is about and S8170 CONGRESSIONAL RECORD — SENATE July 25, 2001 what it is not about. I believe the Sen- in an unfair fashion. I believe strongly we companies domiciled in America. That ator from Texas, Mr. GRAMM, my good can have safety measures in place that will is a flatout violation of NAFTA. No de- friend, continues to define this issue as make sure our highways are safe. Mexico is nial can change that fact. That is a one about identical treatment of Mexi- our close friend and ally, and we must treat clear violation of the treaty into which them with respect and uphold NAFTA and we entered. It is illegal and it is unfair. can trucks, U.S. trucks, and Canadian the spirit of NAFTA. trucks. We have, in the Murray amendment, Unfortunately, for my good friend The issue before us is not safety. three other provisions that clearly vio- from Texas, this is not about creating There is agreement in the Senate that late NAFTA. It is one thing to say we a rubber-stamp approach to trucks en- we want to inspect Mexican trucks, are going to have penalties and that tering our country and driving on our and there is a commitment to inspect those penalties are going to apply to highways. This is about providing an every single Mexican truck. We only anybody operating a truck in the approach tailored to the out-of-service inspect 36 percent of the Canadian United States of America. I want pen- rates we see in Mexican trucks. trucks. No one disagrees that in start- alties because I want safe roads and Unfortunately, for the position put ing up a new system with Mexico it is highways. We have more Mexican forth by my good friends from Texas proper, to begin with, to inspect every trucks operating in Texas than any and Arizona, under NAFTA, we have single truck. The issue is not safety; other State in the Union. I want safety. the right and we have the obligation to the issue is discrimination. But to say that while we have var- provide for safety on our highways in Basically, when we signed NAFTA, ious penalties for American trucks and the United States and to regulate the President made the commitment truckers, for Canadian trucks and Mexican trucks entering this country and we ratified it, and that commit- truckers, that we are going to have an as long as such regulations are ‘‘no ment said with regard to trucks com- entirely different penalty regime for greater than necessary for legitimate ing across the border, going in both di- Mexican truckers, so that a violation regulatory reasons such as safety.’’ rections, all three nations committed can forever ban a Mexican trucking This language came from the arbitra- that ‘‘each party shall accord the serv- company from operating in the United States is discrimination. It is illegal, it tion panel. ice providers of another party treat- The Murray-Shelby provision is ment no less favorable than that it ac- violates NAFTA. If we wanted to say if clearly within the legitimate safety in- cords, in like circumstances, with its you are an American trucking com- pany and a Canadian trucking com- terests that we have an obligation to own service providers.’’ pany and you have a single violation regulate in this country. Also, unfortu- That is what we committed. Convert that you are forever banned from being nately, I believe, for my colleague from it into simple English, we committed in the trucking business, that would be Texas, his argument that the Murray- to treat Mexican trucking companies GATT legal. It would be crazy because Shelby provision violates NAFTA, vio- operating in the United States exactly you can not operate a big trucking lations of NAFTA are not judged by as we treat American trucking compa- company without some violations. But the Senate or even the administration. nies, and exactly as we treat Canadian trucking companies. The issue before we could do it, and it would be legal. Alleged violations of NAFTA are ruled But what you cannot do under on by an arbitration panel. That is part us is not safety. The issue before us is discrimination and protectionism. NAFTA is you cannot say we are going of the agreement. His contention that to have one set of penalties with regard NAFTA would be violated does not We have every right to inspect Mexi- can trucks. If you look at the agree- to American trucks and Canadian make it so. trucks, and a totally different set of If you want to talk about discrimina- ment, we do not have to—in imple- menting uniform standards, we can im- penalties with regard to Mexican tion, let’s talk about discrimination trucks. against the American driver. Nothing plement them differently with regard to Mexican trucks if circumstances are Under our current trade agreements, in NAFTA should be misread to require United States companies and Canadian different. Senator MCCAIN and I, and that we give Mexican drivers a pass on companies can lease trucks to each the President, have said in our initial safety standards while we strip our other. In fact, that is necessary for implementation it is proper to inspect drivers of their licenses for infractions good business. If you do not have the every Mexican truck, whereas we in- that may be honored in Mexico or business, you own the trucks, they are spect only one out of three Canadian which the Senator’s amendment tells sitting there, they meet safety require- trucks and only one out of four Amer- us that we should ignore because to do ments, you lease them to somebody ican trucks each year. otherwise would violate a treaty that I else. If you do not have that right, you But what we cannot do and what the never supported. do not stay in the trucking business Murray amendment does is set dif- This is about enforcing the safety long. regulations of the United States of ferent standards for Mexican trucks But the Murray amendment has a America. That is within the purview of than it sets for American trucks and unique provision that relates only to NAFTA, as it would be for the Mexican for Canadian trucks. Mexico. Only Mexican truck operators Government to do likewise. It is one thing to say we are going to are forbidden the right to lease trucks At the proper time, I will move to have safety standards and Mexican if they are in violation in any way. table the Gramm-McCain amendment. trucks have to live up to those stand- We might want to say, if you have The PRESIDING OFFICER. The Sen- ards, but it is quite another thing to any violation, you cannot lease trucks. ator from Alabama and the Senator set totally different standards. Let me If we apply that to Americans and to from Washington have 2 minutes re- give four examples. It is very simple. Canadians, we can apply it to Mexi- maining. The supporters have 13 min- Today we have trucks operating all cans. But what you cannot do is have utes remaining. over America, 100,000 of them from different standards in a free trade Mr. SHELBY. Mr. President, I re- Canada, and virtually none of those agreement, where we committed to serve the remainder of our time. trucks are insured by American insur- treat Mexican producers exactly the The PRESIDING OFFICER. Who ance companies. We have American way we do our own. seeks recognition? The Senator from trucks operating in the United States Finally, on safety standards, we Texas. that are not insured by American in- passed a law in 1999 changing safety Mr. GRAMM. Mr. President, how surance companies. Many Canadian standards with regard to trucks. I want much time do we have on our side? trucks are insured by Canadian compa- to implement that bill. The regulations The PRESIDING OFFICER. Thirteen nies, or by Lloyd’s of London. Amer- have not been written and it has not minutes. ican trucks in some cases are insured been implemented. The Murray amend- Mr. GRAMM. Mr. President, first, I by Canadian companies and by British ment says because it has not been im- want to read a statement made earlier companies. But the Murray amend- plemented, that Mexican trucks cannot today by the President related to this ment puts a requirement on Mexico come into the United States even issue. This is what the President said: that we do not put on ourselves, that though we have entered into a treaty, I urge Congress to deal fairly with Mexico we do not put on Canada. That require- which has been ratified, saying they and to not treat the Mexican truck industry ment is having to have insurance from can. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8171 If the Murray amendment had said We can fool around and have five clo- here in the Senate and go beyond what because we have not promulgated regu- ture votes and hold up all other busi- the NAFTA panel has told us we can do lations, because we have not imple- ness until we get back from Labor Day. and undermine the NAFTA panel, or mented these new rules, that Canadian We can stay in August. We are going to whether we are going to stand up for trucks cannot operate in the United see the full rules and protections of the safety. That is what this amendment is States, that American trucks cannot Senate here because this is a critically about. operate in the United States, and Mexi- important agreement. I urge all of our colleagues to vote on can trucks cannot operate, we would When you start not living up to the side of families and safety. all go hungry tonight, but that would agreements that you made with your I yield to my colleague. be legal with regard to the agreement neighbor, you start to get into trouble, The PRESIDING OFFICER. The Sen- that we entered into called NAFTA. whether you are a person or whether ator from Alabama. But to say that because we have not you are the greatest nation in the his- Mr. SHELBY. Mr. President, I move promulgated the rules and because we tory of the world. to table the Gramm-McCain amend- are not at this point therefore enforc- I think the Murray amendment is ment and ask for the yeas and nays. ing these rules, that Canadian trucks wrong. Senator MCCAIN and I have been The PRESIDING OFFICER. Is there a can operate and American trucks can willing to compromise. The President sufficient second? operate but Mexican trucks cannot op- is willing to compromise. But we are There is a sufficient second. erate, is a clear, irrefutable, indis- not going to compromise on violating The question is on agreeing to the putable violation of NAFTA. NAFTA. That is a compromise that is motion. The clerk will call the roll. Basically what we are seeing here is not going to occur. We can come up The assistant legislative clerk called a choice between special interest with a safety regime. It doesn’t have to the roll. groups and high on the list is the be identical with Canada and Mexico, The PRESIDING OFFICER. Are there Teamsters Union. They don’t want but the requirements have to be iden- any other Senators in the Chamber de- Mexican trucks because they don’t tical. That is what the trade agreement siring to vote? want competition. says. The result was announced—yeas 65, My point is we should have thought The Murray amendment in four dif- nays 35, as follows: about that when we approved this ferent areas violates NAFTA. This has [Rollcall Vote No. 250 Leg.] trade agreement because we made a to be fixed if we are going to go for- YEAS—65 solemn national commitment to allow ward. Akaka Edwards Murray Mexican trucks to operate in the I urge my colleagues to vote for the Baucus Feingold Nelson (FL) United States, American trucks and pending amendment, which I have of- Bayh Feinstein Nelson (NE) Canadian trucks to operate in Mexico. fered with Senator MCCAIN and Senator Biden Graham Reed Bingaman Harkin Reid Our credibility all over the world in DOMENICI. I urge them to oppose a mo- Boxer Hollings Rockefeller hundreds of trade agreements is on the tion to table. I assure them that this Breaux Hutchinson Santorum line. If we go back on the commitment issue is not going to go away. The Sen- Byrd Inhofe Sarbanes Campbell Inouye Schumer we made to our neighbor, if we dis- ate may vote to discriminate against Cantwell Jeffords Sessions criminate against Mexico, how are we Mexico, but they are going to get to Carnahan Johnson Shelby going to have any moral standing in vote on it on many occasions. Carper Kennedy Smith (NH) asking other countries to comply with I yield the floor. Cleland Kerry Smith (OR) Clinton Kohl Snowe the agreements they negotiated with The PRESIDING OFFICER. The Sen- Collins Landrieu Specter the United States? ator’s time has expired. Conrad Leahy Stabenow It is my understanding, while I think The Senator from Washington. Corzine Levin Stevens Mrs. MURRAY. Mr. President, how Daschle Lieberman Torricelli we should have more time to debate Dayton Lincoln Warner this—one of the authors of the amend- much time is left on both sides? Dodd Mikulski Wellstone ment, Senator DOMENICI, has not had The PRESIDING OFFICER. The Sen- Dorgan Miller Wyden an opportunity to speak—and while I ator from Washington has 2 minutes 1 Durbin Murkowski would like to have more time, it is my second. NAYS—35 understanding there is going to be a Mrs. MURRAY. Mr. President, this Allard Domenici Kyl motion to table. It is also my under- amendment that is before us, no mat- Allen Ensign Lott standing that there may be a cloture ter what we hear, is about safety, is Bennett Enzi Lugar about our ability as a country to en- Bond Fitzgerald McCain motion tomorrow. Brownback Frist McConnell I want to assure my colleagues that I sure that our constituents—whether Bunning Gramm Nickles am not sure where the votes are, but I they are traveling to work, taking Burns Grassley Roberts am sure what my rights as a Senator their kids to daycare, going on vaca- Chafee Gregg Thomas Cochran Hagel Thompson are. I want to assure you that I am tion, or traveling down the highway— Craig Hatch Thurmond going to use every power that I have as are safe. We have a right in this coun- Crapo Helms Voinovich a Member of the U.S. Senate to see try to ensure the safety of our con- DeWine Hutchison that we do not discriminate against a stituents. The motion was agreed to. country that has a 1,200-mile border I hear our opponents saying this is a Mr. SHELBY. Mr. President, I move with my State. I am going to use every violation of NAFTA. Do not take my to reconsider the vote. power I have as a United States Sen- word for it. Take the word of the Mrs. MURRAY. I move to lay that ator to see that we do not violate NAFTA arbitration panel. They have motion on the table. NAFTA, to see that we do not destroy clearly told us that the United States The motion to lay on the table was the credibility of the United States in may not be required to treat applica- agreed to. trade relations around the world. tions from Mexican trucking firms in The PRESIDING OFFICER. The ma- What that means is we will have, not exactly the same manner as applica- jority leader is recognized. one cloture vote, we will have five clo- tions from United States or Canadian f ture votes. At some point here people firms. United States authorities, in are going to want to go on to other their words, are responsible for the safe ORDER OF PROCEDURE business. I want to assure my col- operation of trucks within United Mr. DASCHLE. Mr. President, I want leagues if there is not some com- States territory, whether ownership is to thank a number of my colleagues, promise here that produces a bill the United States, Canadian, or Mexican. especially Senator GRAMM and Senator President can sign, we are not going to We have a right under treaties right MCCAIN. I also especially thank the dis- other business. now to ensure the safety of our citizens tinguished Republican leader for his Finally, let me conclude by saying on our highways. That is what this help in getting us to this point. this bill is not going to become law amendment is about. That is what this We have been discussing throughout until we comply with the treaty. The vote is about—whether or not we will the day the schedule for the balance of President is not going to sign the bill. undermine that safety all on our own the day. I will propound a unanimous S8172 CONGRESSIONAL RECORD — SENATE July 25, 2001 consent request for the moment that Mr. DASCHLE. In answer to my col- know there are strong feelings on the will allow us now to take up the Iran- league from Arizona, the intention question of the U.S.-Mexican truck Libya Sanctions Act. Following that, would be that we go right back to the crossing at the border, a lot of rami- it will be my intention to move to a Transportation appropriations bill. fications, and making sure it is NAFTA couple of the nominations that we What I am hoping, frankly, is that over compliant, and making sure the trucks agreed yesterday we would take up. the course of the next several hours we come into the country in a safe way There are time requests for debate on can continue our discussions. Our staff after being inspected. I understand all both nominees, and we will accommo- has indicated again that they are will- of that. date those requests as the unanimous ing to begin the discussions in earnest, This is an appropriations bill and consent provided for last night. with the hope that we might proceed this language should not even be on With that understanding, I will pro- with some expectation that we find this bill. Clearly, though, this can be pound the request. some resolution. It is our hope that resolved. I ask unanimous consent that fol- while our colleagues debate these other While everybody is in a position of lowing the vote with respect to the matters, that will free up those people wanting to get dug in, let me point out Gramm amendment, regardless of the who have been involved in this issue to that this issue could go on for days. It outcome, the Senate proceed to the talk, and it would be our intention to is really not necessary. I have never consideration of Calendar No. 98, S. come back to this. seen an issue that is more clearly in 1218, the Iran-Libya sanctions bill, and Mr. MCCAIN. Further reserving my the realm of having an agreement that the bill be considered under the right to object, we have just estab- worked out. We ought to do it. I urge following limitations: that there be a lished 35 votes, which is sufficient to both sides to do their very best to ac- time limitation of 60 minutes for de- sustain a Presidential veto, which has complish that. bate on the bill, with the time equally been threatened on this bill. I hope it I thank Senator DASCHLE for giving divided and controlled between the will motivate the other side to engage these answers. I withdraw my reserva- chairman and ranking member, or in a meaningful negotiation, which has tion. their designees; that the only first-de- not happened so far, so that we can re- The PRESIDING OFFICER. Is there gree amendment in order to the bill be solve the situation. objection to the request of the major- a Murkowski amendment regarding I reiterate my commitment to re- ity leader? Iraq’s oil; that there be 90 minutes for main through a series of cloture votes, The Senator from North Dakota. debate with the time divided as fol- if necessary, until we get this issue re- Mr. DORGAN. Reserving the right to lows: 60 minutes under the control of solved to the satisfaction of those who object, and I shall not, I wanted to in- Senator MURKOWSKI, 30 minutes under are concerned about it, including the form the majority leader that the prop- the control of the chairman and rank- President of the United States. osition of discussions about the Murray ing member, or their designees; that Mr. MURKOWSKI. Reserving the language, in my judgment, should not upon the use or yielding back of time right to object, just for clarification just be among those who support the on the amendment, the amendment be from the leader, the Senator from Alas- language and those who wish to weak- withdrawn; that upon the use or yield- ka requested specifically the assurance en it. Others wish to strengthen it. ing back of all time, the bill be read of an up-or-down vote, and I believe the While there is a disagreement on this the third time, and the Senate proceed majority leader indicated a reference issue, it is not just on one side. I hope to vote on passage of the bill, with no ‘‘in relation to.’’ I don’t want to if discussions ensue in the coming intervening action or debate. mischaracterize the intent. I wanted to hours on this subject, they include The PRESIDING OFFICER. Is there those of us who believe the Murray lan- objection? have an understanding I would be af- Mr. MURKOWSKI. Reserving the forded an opportunity for an up-or- guage is not strong enough. right to object, Mr. President, from the down vote. Mr. DASCHLE. Mr. President, I say standpoint of clarification, the amend- Mr. DASCHLE. I will have no objec- to Senator DORGAN that I don’t think ment that I am prepared to offer, ac- tion to an up-or-down vote. we ought to exclude anybody. Clearly, cording to the statement by the major- Mr. LOTT. Reserving the right to ob- no one has devoted more time to the ity leader, would be withdrawn. It had ject, and I will not object, I want to issue and has been more eloquent on been my request of both leaderships say that I appreciate the majority the floor with regard to safety and the that the condition on withdrawing the leader’s comments about the need for importance of recognizing the issue of amendment would be the assurance us to have a serious effort to find a safety than Senator DORGAN. Senator that I would have an opportunity for compromise on this issue that is still MURRAY has accommodated everybody, an up-or-down vote at a future time on pending on the Transportation bill. I and I know in these discussions that the issue of oil imports from Iraq. I re- thank him for the assurances given to would be her intent as well. I appre- quest consideration, if indeed the lead- Senator MURKOWSKI. ciate the Senator’s interest in being in- ership will consider that, associated As I understand it now, we will go to volved in these discussions. I want to with the appropriate opportunity— the Iran-Libya Sanctions Act and have say that we hope to include anybody maybe on one of our trade agreements 60 minutes on that bill. Senator MUR- that has an interest in it. that will come before this body—that I KOWSKI will have his time, and we will The PRESIDING OFFICER. Is there would be allowed at least not more go to final passage. Then after some de- objection? than an hour and a half or 2 hours to bate time, we will have one or two Without objection, it is so ordered. debate that and have the assurance of votes on nominees. Did the Senator f clarify that? an up-or-down vote. I ask the leader- ILSA EXTENSION ACT OF 2001 ship for that consideration. Mr. DASCHLE. Mr. President, in an- Mr. DASCHLE. Mr. President, if I swer to the Republican leader’s ques- The PRESIDING OFFICER. Under may respond, Senator Murkowski has tion, the answer is, we would provide the previous order, the clerk will re- reiterated the understanding we have for the debate allotted under the unan- port the bill, S. 1218, by title. on both sides of the aisle with regard imous consent that we were able to ar- The assistant legislative clerk read to his offering an amendment at a later rive at last night. In regard to the Horn as follows: date on Iraq oil on another bill. I will nomination and the nomination for the A bill (S. 1218) to extend the authorities of certainly provide him with a vote in re- Administrator of the SBA, in both the Iran and Libya Sanctions Act 1996 until lation to that amendment when that cases, as I understand it, rollcalls have 2006. time comes. been requested. So it is my intention The Senate proceeded to consider the The PRESIDING OFFICER. Is there that we would have debate on the two bill. objection? nominees and then the votes on those The PRESIDING OFFICER. Who Mr. MCCAIN. Reserving the right to yet tonight. Then we will revert back yields time? object, are the intentions, after dis- to Transportation. The Senator from Maryland. position of the nominations, to return Mr. LOTT. I thank the Senator. Fur- Mr. SARBANES. Mr. President, what to the pending legislation? ther reserving the right to object, I is the parliamentary situation? July 25, 2001 CONGRESSIONAL RECORD — SENATE S8173 The PRESIDING OFFICER. The Sen- With respect to the Iran portion of brought before the Senate. It has been ate is beginning consideration of S. ILSA I wish I could come to the Cham- endorsed by a clear majority—a very 1218. The Senator from Maryland con- ber and report there has been a signifi- substantial majority—of Members of trols 30 minutes; the Senator from cant change in Iranian conduct that this body, and I urge my colleagues to Texas controls another 30 minutes. warrants a response from the Congress support the legislation. Mr. SARBANES. Mr. President, I in terms of when we consider whether I yield the floor. thought I would make a very short to extend these sanctions forward. Un- EXHIBIT 1 opening statement. Senator MUR- fortunately, Iran’s support for ter- ILSA COSPONSORS KOWSKI is here and wants to launch rorism continues unabated. The latest Senators Schumer, Smith (OR), Hollings, into the debate of his amendment. We State Department Report on Patterns Rockefeller, Reed, Levin, Durbin, Carnahan, want to move along, and I am hopeful of Global Terrorism 2000 states: Johnson, Gregg, Cleland, Campbell, Murray, we will be able to yield back a consid- Allard, Mikulski, Ensign, Collins, Bob Iran remains the most active state sponsor Smith, Lieberman, Harry Reid. erable amount of time on the bill itself of terrorism in 2000. Its revolutionary guard Senators Corzine, Sessions, Kyl, McCon- and time with respect to the Mur- corps, the IRGC, and the Ministry of Intel- nell, Boxer, Santorum, Shelby, Voinovich, kowski amendment. Altogether, there ligence and Security, MOIS, continue to be Breaux, Torricelli, Clinton, Stabenow, Har- involved in the planning and execution of is 21⁄2 hours allotted for all of that: 1 kin, Kohl, Daschle, Bob Graham, Inouye, terrorist acts and continue to support a vari- hour on the bill and 11⁄2 hours on the Thomas, Helms, Brownback. ety of groups that use terrorism to pursue Senators Feinstein, Kennedy, Grassley, Murkowski amendment. their goals. Mr. SCHUMER. Will the Senator Craig, Warner, Biden, Bingaman, McCain, Iran is also stepping up efforts to ac- Sarbanes, Bennett, Wyden, Hutchinson, yield? quire weapons of mass destruction. The Bunning, Dorgan, Crapo, Bill Nelson, Ed- Mr. SARBANES. I yield. wards, Kerry, Hatch, Lott. Mr. SCHUMER. Mr. President, I ask latest unclassified CIA report to Con- Senators Cochran, Frist, Akaka, Conrad, that after the Senator speaks, I be rec- gress on worldwide weapons of mass de- Bayh, Dayton, Allen, Snowe, Miller, ognized for a short period of time be- struction acquisition notes: Wellstone, Landrieu, Dodd, Cantwell, Ben fore we begin the discussion of Senator Iran remains one of the most active coun- Nelson, Leahy, Bond, Lincoln, DeWine, and tries seeking to acquire weapons of mass de- Murkowski. MURKOWSKI’s amendment. Mr. SARBANES. Fine. I will hold my struction and advanced chemical weapons Mr. SARBANES. I yield 7 minutes to technology from abroad. In doing so, Iran is time down because I do want to get to the Senator from New York, after attempting to develop an indigenous capa- which it is the intention we go to the the Murkowski amendment and the bility to produce various types of weapons— Senator from Alaska is in the vicinity. chemical, biological, and nuclear—and their amendment of the Senator from Alas- Mr. President, I rise in strong sup- delivery systems. ka. The PRESIDING OFFICER (Mr. port of S. 1218, the renewal authoriza- In June of this year, when the Jus- REED). The Senator from New York is tion legislation for the Iran-Libya tice Department handed down indict- Sanctions Act, commonly known as recognized. ments in the Khobar Towers bombing Mr. SCHUMER. I thank the Chair, ILSA. This legislation was reported fa- case, a case in which 19 of our airmen and I thank the chairman of our Bank- vorably out of the Committee on Bank- in Saudi Arabia were killed in 1996, the ing Committee, the Senator from ing, Housing, and Urban Affairs by a Attorney General stated publicly that Maryland, for bringing this matter to vote of 19–2. We made some modifica- Iranian officials ‘‘inspired, supported, the Chamber with such alacrity. I tions. Therefore, a committee print and supervised members of Saudi thank him on behalf of Senator SMITH served as the vehicle for the committee Hezbollah,’’ which is the group that and myself who have been the lead markup, but this committee print par- carried out the attack. sponsors of this legislation, as well as alleled closely with the renewal legis- As for Libya, very briefly, it has ful- the 78, now 79, cosponsors. lation introduced by Senator SCHUMER filled only one aspect of the U.N. Secu- As has been said, time is of the es- of New York and Senator SMITH of Or- rity Council resolutions relating to the sence. With the original ILSA law set egon which garnered 79 cosponsors. Pan Am 103 bombing; namely, the to expire on August 5, the Senate needs I am including in the RECORD the full handing over of the suspects for trial. to swiftly pass this bill to get our list of the 79 cosponsors. I ask unani- Libya has not fulfilled the requirement version approved by the House and mous consent that the list be printed to pay compensation to the families of then over to the President for his sig- in the RECORD at the conclusion of my the victims, to accept responsibility nature within the next 10 days. I again remarks. for the actions of its intelligence offi- thank Senator SMITH for working so The PRESIDING OFFICER. Without cers, and to renounce fully inter- hard with me on bringing this bill for- objection, it is so ordered. national terrorism. ward so quickly. It is a bipartisan bill. (See Exhibit 1.) In fact, President Bush on April 19 of We have garnered 79 cosponsors and the Mr. SARBANES. Mr. President, I es- this year stated: support of both the chairman of the pecially thank Senators SCHUMER and We have made it clear to the Libyans that Banking Committee, as you just heard, SMITH for their leadership on this sanctions will remain until such time as and most of the membership of the issue. We are very appreciative of the they not only compensate for the bombing of Banking Committee as well. very vigorous effort they mounted with the aircraft, but also admit their guilt and Mr. President, I rise today to urge respect to this issue. The existing ILSA express remorse. my colleagues to support the Iran and legislation expires on August 5 of this Because Iran and Libya have not Libya Sanctions Extension Act of 2001, year. Therefore, we need to move clearly fulfilled the requirements of a bill originally introduced by Senator quickly to approve this legislation. ILSA, I believe that not to extend GORDON SMITH and me, currently sup- This will extend ILSA for another 5 ILSA for a full 5 years would send the ported by 79 cosponsors. years. It will lower the threshold for wrong signal. Failure to do so would be Time is of the essence. With the foreign investment in the Libyan en- seen as a sign of lack of resolve on the original ILSA law set to expire on Au- ergy sector from $40 million to $20 mil- part of the United States. gust 5, the Senate needs to swiftly pass lion to trigger sanctions. That puts I also believe that placing Libya on a this bill, get our version approved by Libya on a par with Iran at the exist- par with Iran with regard to ILSA’s the House, and then over to President ing requirement, and it closes a loop- conditions sends a strong signal to Lib- Bush for his signature within the next hole in the existing legislation making yan leader Qadhafi that the pressure 10 days. it clear that modification or addition will be kept on until he fulfills all rel- I know time for debate is limited, but to an existing contract would be treat- evant U.N. Security Council resolu- I just want to say a few words in sup- ed as a new contract for purposes of tions concerning the bombing of Pan port of this important bill which ex- evaluating whether such amendment or Am flight 103, which I remind my col- tends U.S. sanctions against foreign modification would invoke the sanc- leagues killed 270 people, including 189 companies which invest in Iran and tions. There has been a loophole with Americans. Libya’s oil sector for five more years. respect to companies operating in This legislation had overwhelming First, I would like to thank Senator Libya, and we need to address that. support in the committee in being SMITH for his invaluable leadership on S8174 CONGRESSIONAL RECORD — SENATE July 25, 2001 this bill. I would also like to thank I have spoken to people on all sides of Mr. President, don’t get me wrong, I Senator SARBANES for giving this bill the issue of sanctions, particularly fully support the Bush administra- his utmost consideration and following with respect to sanctions on Iran. And tion’s desire to review U.S. sanctions through with a hearings and markup even those most opposed to sanctions policies to make sure they are working schedule which got the bill reported on Iran cannot tell me any viable alter- effectively. out of the Banking Committee last native to ILSA. But ILSA is as close as we have come week on a 19–2 vote. The idea that United States conces- to a perfect sanctions regime. First, it Everyone in Congress is well ac- sions to Iran through ending or water- is highly flexible: It grants the Presi- quainted with ILSA; it passed unani- ing down ILSA would bring about dent full waiver authority on a case- mously in both Houses in 1996. change for the better in Iran, and mod- by-case basis, and it contains a menu And today it is vitally important for eration in its foreign policies, is not of sanctions options ranging form a Congress to once again speak out loud- simply misplaced speculation, it would slap on the wrist, to more serious eco- ly and strongly in support of maintain- be prohibitively dangerous policy. nomic retaliation. ing a hard line on two of the world’s An Iran emboldened and enabled by Second, its sunset provisions are pro- most dangerous outlaw states. billions more in foreign investment foundly reasonable: Libya needs to In fact, the argument in support of leading to hundreds of millions more in simply own up to its responsibility for reauthorizing ILSA for another five oil profits would simply mean a more Pan Am 103; Iran simply needs to stop years is a very simple one: over the potent threat to America and our al- its support for international terrorism past five years, Iran and Libya have lies. Plain and simple. done nothing to show they should be and end its obsessive quest for weapons The truth is ILSA has been very welcomed into the community of na- of mass destruction. harmful to Iran—over the past five tions and benefit from better relation- So for those who argue for elimi- ships with the United States and our years, the threat of sanctions has suc- nating or weakening ILSA, I say this: allies. cessfully dissuaded billions in foreign Only two states can eliminate the need Quite the contrary. investment, causing the Iranian gov- for ILSA, Iran and Libya. Despite the election of so-called ernment to invest in its own oil fields For Iran that means an uncondi- ‘‘moderate’’ President Mohammad rather than in terrorism and weapons tional end to its support of inter- Khatami in 1997, Iran remains the programs. national terrorism, and its dangerous world’s most active state sponsor of In fact, since ILSA was enacted, Iran quest for catastrophic weapons. Let terrorism, and has been feverishly has promoted more than 55 foreign in- Iran prove it is moderate before Amer- seeking to develop weapons of mass de- vestment opportunities in its energy ica rewards it. struction. sector and landed only eight contracts For Libya, it means full acceptance Just last month, a U.S. Federal grand worth a total of roughly $2.5 billion— of responsibility for the Pan Am 103 jury found that Iranian government of- earning Iran barely half of what its bombing, and full compensation for the ficials ‘‘supported and directed’’ the tiny Persian Gulf neighbor, Qatar, net- families of the victims. Hezbollah terrorists who blew up ted in foreign investment during the If the day arrives that Iran and Libya Khobar Towers in Saudi Arabia in 1996, same period. fulfill these reasonable international an act which killed 19 brave American With ILSA firmly in place, Iran can- obligations, ILSA will no longer be servicemen. not hope to fulfill its goal of attaining needed and it will be terminated. And Iran proudly supports the Hamas $60 billion in foreign investment over Unfortunately, that day is not yet in terrorist group, whose most recent the next decade which it needs to reha- sight. claim to fame was sending a suicide bilitate and modernize its oil sector. I urge my colleagues, in the strong- bomber into a crowded disco in Tel But ILSA is not simply about harm- est possible terms, to vote yes for ILSA Aviv killing 21 Israeli teenagers. ing Iran and Libya’s ability to do busi- reauthorization. As far as Libya is concerned, we re- ness and accrue greater oil revenues. It I yield the floor. cently learned beyond a doubt that the is about American leadership in the The PRESIDING OFFICER. Who Libyan government was directly in- world in doing what’s right. yields time? volved in the bombing of Pan Am 103— Mr. President, the United Sates Mr. SARBANES. Mr. President, I will one of the most heinous acts of ter- stands in the international community yield 5 minutes to the Senator from rorism in history. as a beacon of freedom—a beacon of Massachusetts. I thank the Senator Yet Libya still refuses to abide by what’s right. Our great nation is about from Alaska for his courtesy. I say to U.N. resolutions requiring it to re- much more than economic might. It is other colleagues who want to speak on nounce terrorism, accept responsibility about moral leadership, and combating the bill itself, we will still reserve for the Libyan officials convicted of those who wish to vanquish the prin- some time and they can speak later, masterminding the bombing, and com- ciples of liberty and freedom which but Senator MURKOWSKI has been wait- pensate the victims’ families. ing for quite a while to bring up his These actions by Iran and Libya are Americans have fought and died over amendment. I yield 5 minutes to Sen- not actions worthy of American con- the centuries to uphold. An overwhelming vote today in sup- ator KENNEDY, and then I assure the cessions. They are actions worthy of Senator from Alaska, we will go to his America’s most supreme outrage, and port of ILSA reauthorization will send amendment. worthy of U.S. policy that does every- a strong signal that the United States Mr. MURKOWSKI. I am happy to ac- thing possible to isolate these nations is not prepared to relinquish the moral commodate Senator KENNEDY. in hopes of preventing them from doing high ground when it comes to dealing Mr. KENNEDY. Mr. President, I further harm to America and our al- with the worst renegade states—those thank the Senator from Alaska for his lies. who wish to disrupt our way of life. Some in the Administration argue Although some of the administration courtesy. I will take just a moment. I that the United States should lift or would like to water down ILSA, a veto- know I speak for the 13 families from ease sanctions on rogue states like Iran proof vote here in the Senate today Massachusetts who lost loved ones; and and Libya first, and decent, moral, would say to the Administration and they continue to be strongly sup- internationally-acceptable behavior the world that sanctions against the portive of this legislation. I thank the will follow. world’s worst rogue states will remain Senator from Maryland for all of his I say that is twisted logic. firmly in place. work and for his timeless energetic If these states are serious about en- After all, the alternative is unthink- leadership on this extremely important tering the community of nations, and able: What would the international issue. seeing their economies benefit from community think should the world’s We are reminded every day that we global integration, they must change greatest power relax sanctions on two live in a dangerous world. As a member their behavior first. rogue states that have shown them- of the Committee on Armed Services, They must adapt to the world com- selves to be so outside the family of na- we have been listening to the proposal munity, the world community should tions, and engaged in some of the most of the administration about anti- not adapt to them. dastardly acts the world has ever seen? ballistic missile systems. We have been July 25, 2001 CONGRESSIONAL RECORD — SENATE S8175 watching the leaders of the great in- tims of Pan Am flight 103, and fully re- Council to prevent the international dustrial nations meeting in Europe. We nounce international terrorism. sanctions from being permanently lift- have seen President Bush and Presi- President Bush has emphasized his ed until Libya complies with the U.N. dent Putin meeting to talk about nu- support for these conditions. As he conditions. And it would prematurely clear weapons. stated on April 19, ‘‘We’ve made it signal a warming in U.S.-Libyan rela- As a member of the Committee on clear to the Libyans that sanctions tions. Armed Services, all of us are convinced will remain until such time as they not Our European allies would undoubt- the great threat to the United States is only compensate for the bombing of edly welcome the expiration of the U.S. in the form of terrorism: nuclear pro- the aircraft, but also admit their guilt sanctions. European companies are liferation, bioterrorism, computer ter- and express remorse.’’ Yet the Govern- eager to increase their investments in rorism, but it is terrorism. That is the ment of Libya continues to refuse to Libya, but they do not want to be sanc- principal threat to the safety and secu- meet the conditions of the inter- tioned by the United States. They are rity of the people of the United States national community. Until it does, ready to close the book on the bombing and our allies. both the United States and the inter- We are relentless in dealing with the national community should continue of Pan Am flight 103, and open a new state of terrorism around the world. to impose sanctions on the regime. chapter in relations with Libya. We spend a great deal of money doing Despite the conventional wisdom But the pursuit of justice is not only that. The best way we can deal with that economic sanctions do not work, for American citizens. Citizens of 22 the issue of terrorism is to show per- they have been effective in the case of countries were murdered on Pan Am sistence, consistency, and as much Libya. As a result of the United Na- flight 103, including citizens of many of tough-mindedness as the terrorists. tions sanctions, the U.S. sanctions, and our allies. The current sanctions were The way to do that is to not forget and diplomatic pressure, the Libyan Gov- enacted on behalf of these citizens as not forgive the brutal attacks and ernment finally agreed in 1999 to a trial well. Our government should be ac- killings and assassinations of the by a Scottish court sitting in the Neth- tively working to persuade European Americans and citizens of 22 other erlands of two Libyans indicted for the countries that it is premature to reha- countries in the Pan Am 103 disaster. bombing. Last January 31, one of the bilitate Libya. Members of Congress, and those who defendants, a Libyan intelligence I am especially pleased that two talk about wanting to deal with ter- agent, was convicted of murder for that modifications to the Libya section rorism, ought to be here every single atrocity. make by the House International Rela- day. Unless we are going to be per- The court’s decision clearly impli- tions Committee are included in this sistent and unless we are going to be cated the Libyan Government. The AR- tough-minded and unless we are going conviction was a significant diplomatic legislation. I commend Chairman S to deal with this and demonstrate to and legal victory for the world commu- BANES for his leadership by including the world we are serious about dealing nity, for our nation, which was the real these provisions in his mark. with the problems of state-sponsored target of the terrorist attack, and for The first modification reduces the terrorism, no matter how much we are the families of the victims of Pan Am threshold for a violation in Libya from going to spend on ballistic systems, no flight 103. $40 million to $20 million. Under cur- matter how much we will spend on the The Iran Libya Sanctions Act is also rent law, a foreign company can invest nonproliferation of weapons, how much intended to help level the playing field $40 million in Libya before sanctions we spend on intelligence, it will under- for American companies, which have kick in, but it can only invest $20 mil- mine our effectiveness. been prohibited from investing in lion in Iran. When the law was origi- The matter before the Senate sends a Libya by a Presidential order issued by nally drafted, the threshold for both clear message, that we have not forgot- President Reagan in 1986. The statute Iran and Libya was $40 million. When it ten about state-sponsored terrorism in enacted in 1996 imposed sanctions on was reduced for Iran, it was not re- Libya. It is as clear as that. foreign companies that invest more duced for Libya. It should have been. According to the State Department, than $40 million in any year in the Lib- The threshold for a violation should be Iran continues to be ‘‘the most active yan energy sector. The objective of the $20 million for both Iran and Libya. state sponsor of terrorism.’’ Sanctions 1996 law is to create a disincentive for The other modification closes a loop- should continue on that nation. foreign companies to invest in Libya hole in the law that allows oil compa- There is also a compelling foreign and help ensure that Amercian firms nies to expand upon contracts that policy rationale for extending sanc- are not disadvantaged by the U.S. sanc- tions on Libya. Easing sanctions on tions. Since the sanctions on U.S. firms were signed before the current law was Libya by allowing the law to expire will continue, it is essential to extend enacted. A number of companies which would have a far-reaching negative ef- the sanctions on foreign firms as well. signed contracts before ILSA became fect on the battle against international The administration has indicated law are expanding their operations, terrorism and the 12-year pursuit of that it has no evidence of violations of such as by developing fields adjacent to justice for the 270 victims of the bomb- the law by foreign companies. But those in which they made their origi- ing of Pan Am flight 103. some foreign companies are clearly nal investment, and calling this expan- Current law requires the President to poised to invest substantially in the sion a part of the original contract. impose at least two out of six sanctions Libyan petroleum sector, in violation The law should cover modifications on foreign companies that invest more of the law. A German company, to existing contracts and agreements. than $40 million in one year in Libya’s Wintershall, is reportedly considering Even if the original contract pre-dates energy sector. The President may investing hundreds of millions of dol- ILSA, subsequent investments that ex- waive the sanctions on the ground that lars in the Libyan oil industry in viola- pand operations should be treated as a doing so is important to the U.S. na- tion of the law. new contract. This point should be tional interest. For Libya, the law ter- Allowing current law to lapse before clarified in the law, and the adminis- minates if the President determines the conditions specified by the inter- tration should aggressively seek the in- that Libya has fulfilled the require- national community are met would formation necessary to enforce it. ments of all U.N. resolutions relating give a green light to foreign companies to the 1988 bombing of Pan Am flight to invest in Libya, putting American I ask unanimous consent that a let- 103. Those conditions, which were im- companies at a clear disadvantage. It ter written by the President of the Vic- posed by the international community, would reward the leader of Libya, Colo- tims of Pan Am flight 103, Inc. asking require the Government of Libya to ac- nel Qadhafi, for his continuing refusal the Congress to make these modifica- cept responsibility for the actions of to comply with the U.N. resolutions. It tions to existing law be printed in the its intelligence officer, disclose infor- would set an unwise precedent of dis- RECORD. mation about its involvement in the regard for U.N. Security Council Reso- There being no objection, the letter bombing, provide appropriate com- lutions. It would undermine our ongo- was ordered to be printed in the pensation for the families of the vic- ing diplomatic efforts in the Security RECORD, as follows: S8176 CONGRESSIONAL RECORD — SENATE July 25, 2001 VICTIMS OF PAN AM FLIGHT 103, INC., dealing with State-sponsored ter- Mr. SARBANES. I thank the Sen- Cherry Hill, NJ, 23 May, 2001. rorism, if we are going to at least be ator. Subject: Iran-Libya Sanctions Act. able to have some impact on countries AMENDMENT NO. 1154 Hon. EDWARD M. KENNEDY, that may be thinking a little bit about Mr. MURKOWSKI. I rise on an issue Russell Senate Office Building, sponsoring some terrorism around—if of grave concern. Clearly, I stand with Washington, DC. they know the United States is going DEAR SENATOR KENNEDY: The members of my colleagues and those who have spo- our organization, the Victims of Pan Am to continue to lead the world in not ken on the justification of extending Flight 103, Inc. urge you to vote to extend forgetting and not forgiving State- the sanctions timeframe for another 5 the Iran-Libya Sanctions Act sponsored terrorism, it may make years on both Iran and Libya. The Scottish court in the Netherlands con- some difference and it may result in I hope the Chair will notice that victed a Libyan intelligence agent, Abdel the saving of American lives. It cer- there is another country that is ex- Basset al-Megrahi, of the murder of 270 inno- tainly can help move us so hopefully cluded from this list, and that is Iraq. cents on Pan Am flight 103. The judges also someday we get a sense of justice out The presumption is that it is taken found that Megrahi was acting ‘‘in further- ance of the purposes of Libyan Intelligence’’. of the loss of lives as we know them in care of under the U.N. sanctions. Within a few hours, President Bush declared the Pan Am 103 tragedy. I have come to this floor to speak of on CNN, to the world, that the Scottish Extending the law that requires sanc- inconsistencies before in our foreign Court’s decision proved the Libyan govern- tions on foreign companies that invest and energy policy. I come today to ad- ment was responsible for the murders of our in Libya for another five years is in dress an inconsistency in relationship loved ones. both the security interest of the United to what this particular bill addresses. U.N. Security Council resolutions 731 and States and the security interest of the It addresses the attitude prevailing in 748 require that Libya turn over the suspects the Senate that we are going to stand for trial, cooperate in the international in- international community. Profits in vestigation, pay appropriate compensation Libya should not come at the expense against terrorism. to the families and end support of inter- of progress against international ter- Clearly and appropriately that atti- national terrorism. The Libyan Regime must rorism and justice for the families of tude should be directed to Iran and be made to comply fully with the UN Resolu- the victims of Pan Am flight 103. Libya. But the same moral question is tions. Seventy-eight Members of the Senate applicable to our relationship with Allowing ILSA to lapse would undermine have cosponsored legislation to extend Iraq. I am not going to go into great President Bush’s statements the day of the the Iran Libya Sanctions Act for five detail on the prevailing attitude in verdict, the intent of the UN. Security Coun- Iraq with regard to terrorists, but I cil’s resolutions and give tacit approval to years, and S. 1218 was approved by a Quadhafi’s flagrant disregard for inter- vote of 19–2 by the Senate Banking think the prevailing attitude of Sad- national law and human life. It would, in ef- Committee. dam Hussein is known to all Mem- fect, reward Libya’s murderous actions and I urge my colleagues to approve this bers—his continued criticism of Israel. stonewalling. It would declare open season legislation without delay. I think it is fair to say he concludes al- on Americans. The PRESIDING OFFICER. The Sen- most every address with the words We ask that you support two changes to ator from Alaska. ‘‘death to Israel,’’ or quotes to that ef- the law. The first would reduce the threshold Mr. MURKOWSKI. I thank the floor fect. for a violation from $40 million to $20 mil- manager, my good friend, Senator SAR- I am not going to stand here and lion. The threshold for a violation for invest- ment in Iran is $20 million. There is no com- BANES, and Senator KENNEDY. take a contrary position on the issue of pelling reason why the threshold for invest- First, let me speak to the underlying condemning those that foster ter- ment in Libya should not be the same. bill. I very much appreciate the leader- rorism, Iran and Libya, which this The second change would close a loophole ship bringing it up at this time. The amendment addresses, and an exten- in the law that enables oil companies to ex- bill before the Senate, as I understand sion of the sanctions for another five pand existing contracts and avoid being ex- it, has only one cosponsor, Senator years. But I do want to raise awareness amined for violations. We understand that a SARBANES, the chairman of the Bank- of an inconsistency here. I am refer- number of European companies which signed ing Committee, which reported this as ring, of course, to our growing depend- pre-ILSA contracts are expanding operations by, for example, developing fields adjacent to an original bill. However, there are 79 ence on imported petroleum from Iraq. the fields in which they had their original in- cosponsors of the underlying bill spon- Let me show the reality of what is vestment and portraying this expansion as sored by Senators SMITH and SCHUMER. happening in this country. I know part of the original contract. Our organiza- I want the record to note I am on that many Members have, since the price of tion believes such investment should always bill. gasoline has gone down, an indifferent be investigated for ILSA violations. Even if Mr. SARBANES. Will the Senator attitude that the question of our na- the original contract pre-dates ILSA, any yield on that point? tional security has had little impact on post-ILSA investment, no matter how large Mr. MURKOWSKI. It is of no con- this debate. But I think it has every or remote form the original contract, should sequence to me, but I think it is—— be treated as the entry of a new contract and relevance to this debate because our investigated for an ILSA violation. Mr. SARBANES. It is important. The national security is threatened by our We respectfully suggest that if ILSA is not list of cosponsors was sent to the desk escalating dependence on foreign im- renewed, the United States will have failed and the Senator is included in the list. ports. You have to separate energy in one of the most important challenges it The reason the bill came out of the sources. You have to separate the en- faced in the 2nd half of the twentieth cen- committee this way, when you do a ergy that comes from our conventional tury. committee print, is that is how it had sources, whether they be nuclear, Our organization strongly supports an ex- to be presented. We did a committee tension of ILSA, which has worked well to hydro, natural gas, wind alternative— deter significant new investment in the Lib- print instead of the original bill that from oil because oil moves America. yan oil sector and look forward to working was introduced because there were Oil moves the world. You do not gen- with you toward that extension. some relatively minor changes that erate much electricity with oil, but Sincerely, were made, and we laid down a com- you move everything and everybody. ROBERT G. MONETTI, mittee bill, as it were, for markup pur- We are becoming more dependent on President. poses. imported oil, particularly from dis- Mr. KENNEDY. These families, as all Mr. MURKOWSKI. I certainly under- turbing sources. families, are enormously important. stand and appreciate that. I just want- Many in this body will remember in Many have been out there at Arlington ed the record to note why I was not 1973 we had the Yom Kippur war. We and had Presidents of the United seen as a cosponsor on it. Obviously, had gas lines around the block in this States meet with them. Many have fol- not being a member of the committee, country. We were 37-percent dependent lowed closely the developments that and understanding the intention of the on imported oil. have taken place regarding the trial. chairman—as former chairman, I un- The public was outraged. How could Many of us have spent a good deal of derstand the procedure and I do not this happen? We created a Strategic time with these families. If we are take issue with it. But I wanted the Petroleum Reserve. We said this coun- going to keep faith with these families, record to note, as the floor manager in- try will never ever approach or exceed if we are going to be serious about dicated, my support of the bill. 50-percent dependence on imported oil. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8177 We are 56-percent dependent now. The Mr. President, my amendment at- initiating meaningful sanctions Department of Energy has indicated we tempts to address that by requiring against Iraq at the same time? are going to be 66-percent dependent by that we terminate our purchase of oil Last week, Iraq fired a surface-to-air the year 2010, approximately 65-percent from Iraq. missile into Kuwait airspace for the dependent in the year 2008. What does that mean? If I were to first time since the 1991 Gulf War. The This dependence is very real and spill this water on this desk, it would missile was aimed at a United States there is no relief in sight. I want to spill to all four corners of the desk. unarmed surveillance aircraft on rou- make it again clear I support this un- That is the way the oil market works. tine patrol several miles inside the Ku- derlying bill. There is no justification There is so much oil out in the world, wait border with Iraq. That is reality. in my mind for allowing the Iran-Libya and there is so much consumption. If But it is hardly makes the newspaper. Sanction Act to lapse. I have talked to we choose not to buy —when I say It is not news anymore. We take it for many people, many interest groups on ‘‘we,’’ I am talking about America’s oil granted. this subject. But I want to go on record companies—from Iraq, that will relieve Saddam Hussein is heating our to recognize that we have not imported Iraq of oil to be purchased by somebody homes in the winter, gets our kids to more than a drop of oil from Iran in 20 else, and that somebody else can re- school each day, gets our food from the years or, for that matter, Libya. lieve their purchaser. So we can basi- farm to the dinner table, and of course On the other hand, do you have any cally purchase the oil from someone we pay him to do that. idea what we are importing from Iraq other than Iraq. But obviously Iraq has What does he do with the money he today? You should, because it is a mil- it for sale. The terms are probably fa- gets for the oil? As I indicated, he pays lion barrels a day. Yet Iraq is not in- vorable in the competitive market. his Republican Guard to keep him cluded in these sanctions. I am not going to go too far down alive. He also supports international I am not going to go into the reason, that pipeline other than to suggest terrorist activities. We have heard but I am going to point out the obvi- that we don’t necessarily short our- from our colleagues regarding Iran and ous. This chart was made not so very Libya. I agree with them. This issue on long ago, when we were importing selves a million barrels a day if we don’t buy our oil from Iraq. There are Iran and Libya is a moral stance 750,000 barrels a day. Now this figure against those countries that foster ter- should read 1 million barrels a day; the other places to buy that oil. But I want to remind the American rorism. But again, where do we stand Persian Gulf, 2.3 million; OPEC, 5 mil- people that since the end of the Gulf on Iraq? Saddam funds a military cam- lion barrels a day. paign against American service men Make no mistake about it, OPEC is a War in 1991 we have enforced a no-fly zone, flying over 250,000 sorties. Those and women and against those of our al- cartel. Cartels are illegal in the United lies. He builds an arsenal of weapons of States. They are antitrust violations. sorties have specifically been initiated to prevent Saddam Hussein from mass destruction. The threat is real to But we have become addicted to oil. We our men and women and our allies in don’t produce enough in this country. threatening our allies in the region. Every time we fly a sortie, we are put- the Persian Gulf. We are increasing our dependence and You may recall, as I do, the hundreds ting American men and women in also, if you will, compromising our na- of Kuwaitis who remain unaccounted harm’s way, because he attempts to tional security. What did we see as late for since the Gulf War and who were take down our aircraft. as 31⁄2 weeks ago? Our friend Saddam kidnapped from Kuwait on Saddam’s It is pretty hard to get an estimate of Hussein, in a beef with the United Na- retreat in 1991. Hundreds of thousands how much we have expended to keep tions, decided to curtail his production. of Iraqi lives have been lost. Countless Saddam Hussein in his box since the He took 21⁄2 million barrels a day off Iraqis are suffering due to Saddam’s 1990 invasion of Kuwait. It has been es- the world market. We were led to be- continuing tyranny. lieve OPEC would increase production timated, as near as we can determine, I find this extraordinary. I find it that it is some $50 billion. 21⁄2 million barrels a day and there outrageous that the Senate has been si- would be no shortage. That didn’t hap- That war was in early 1991. Saddam lent. We seem to have our heads buried pen. Saddam Hussein curtailed for a invaded Kuwait in the summer of 1990. in the sand. We are all for extending What was his objective? We know the month 21⁄2 million barrels a day. A lit- unilateral sanctions against Iran and tle over 60 million barrels didn’t get to war was, at least in part, over oil. His Libya, but where is Iraq? What is dif- the market. OPEC didn’t increase the objective was to go through Kuwait, ferent here? Is it because of our in- production. The price stabilized. It and then on into Saudi Arabia, and creased dependence on his oil? How did went up a little bit. control the world’s supply of oil—the we allow ourselves to get into such a Make no mistake about it, blood is life’s-blood of the world. situation? thicker than water, if I can use that Every day we place our service men For a number of years the United expression, in the sense of OPEC mak- and women in harm’s way. We lost 147 States has worked closely with the ing a determination that while the American lives, we had 450 American United Nations on the Oil for Food United States is one of their largest wounded and 23 American prisoners of Program. customers, they also had an obligation war in the 1991 Gulf War. The program allows Iraq to export to respond to what Saddam Hussein I said this before on this floor. I petroleum in exchange for funds which was attempting to do; that was to get think I have it right. We take Iraqi oil, can be used for food, medicine, and more flexibility from the U.N. we put it in our airplanes, and send our other humanitarian products. But de- I go into this in some detail because pilots to go after Iraqi artillery and re- spite more than $15 billion available I don’t think my colleagues or the turn to fill up with Iraqi oil again. for these purposes, Iraq has spent only American public really understand the Mind you, there is a sanctions bill on a fraction of that amount for the peo- significance of what this means to the the floor against Iran, and sanctions ple’s needs. Instead, the Iraqi Govern- national security of this country. against Libya. Where is Iraq? Some say ment spends the money on items of When we take his oil, he takes our that is covered by the U.N. sanctions. questionable and often suspicious pur- money. We gave Saddam Hussein $6 bil- Come on, let’s not kid each other. We poses. Why? lion last year alone for the purchase of know he is black-marketing a signifi- Why, when billions are available to oil. What does he do with that money? cant amount of oil outside the sanc- care for the Iraqi people, who are mal- He pays his Republican Guard to take tions because we have no enforcement nourished—some of them are sick; care of his safety and other personal of the sanctions. The U.N. doesn’t have some of them have inadequate health needs. He develops a missile capability, ready access to his country, and only care—would Saddam Hussein withhold a delivery capability, and a biological limited control over what he does with the money available and choose, in- capability. At whom does he aim it? He the money. We know he is not taking stead, to blame the United States for aims it at our ally, Israel. care of the needs of his people with the the plight of his people? He does. I don’t know about you, Mr. Presi- money he gets from oil sales. Why is Iraq reducing the amount it dent, but that bothers me. It shows a Again, through this entire presen- spends on nutrition and prenatal care grave inconsistency in our foreign pol- tation, I appeal as we consider the bill when millions of dollars are available icy. before us, where is Iraq? Why aren’t we from the sale of oil? S8178 CONGRESSIONAL RECORD — SENATE July 25, 2001 Why does $200 million worth of medi- an up-or-down vote at a later time on fields are. We do not seem to care cine from the U.N. sit undistributed in my amendment which would prohibit about that. It is too far away. We want Iraqi warehouses? the purchase of Iraqi oil into the his oil. We will pay for it. End of dis- Why, given the urgent state of hu- United States until certain conditions cussion. manitarian conditions in Iraq, does have been filled. And that is my inten- But should we care where it comes Saddam Hussein insist that the coun- tion. But I think it important to point from? Yes, we should, just as we should try’s highest priority is the develop- out we simply cannot ignore this in- care very much about allowing ter- ment of sophisticated telecommuni- consistency in foreign policy. rorism to flourish in Iran and Libya. cations and transportation infrastruc- We simply cannot turn our heads and We should care about how we are con- ture? say, on one hand, we stand firm against tributing through our addiction to Why, if there are billions available, terrorism associated with Iran and Iraqi oil to Saddam Hussein’s campaign and his people are starving, is Iraq only Libya and simply not mention Iraq, of terror. buying $8 million worth of food from turn a blind eye towards our increased We should stand against the environ- American farmers each year? dependence on Iraqi sources as a supply mental degradation that is associated I do not personally have a quarrel of oil, and not make a connection with some of the exploitation of re- with the Oil For Food Program. It is somehow that if there is justification sources in other countries that ulti- well-intentioned. I do, however, have a for sanctions against Iran and Libya, mately are bound for the United problem with letting Saddam Hussein there certainly is justification for States. manipulate our growing dependency on equivalent sanctions against Iraq. What about our economy? The great- Iraqi oil. The bill that my good friend, the sen- est single contributor to the deficit Where are we on this issue? We are ior Senator from Maryland, has pro- balance of payments is the price of im- silent. Three times since the beginning posed addresses, obviously, the issue of ported oil. We send our dollars over- of the Oil For Food Program, Saddam extending the sanctions on Iran and seas; we send our jobs overseas. We Hussein has threatened or actually Libya. I support that, as I have indi- have the resources here at home, not to halted oil production, disrupting en- cated. I recognize the various interests totally relieve but to a degree lessen ergy markets, and sending oil prices and the number of Members who are al- our dependence. Do we have the for- skyrocketing. Why? ready in favor of the underlying bill. I titude to recognize the alternatives are Why does he do this? He does it to respect that. But I would implore our here? send a message to the United States. colleagues to recognize that we are on This is a message that I don’t think Do you know what the message is? The a very dangerous, slippery slope with is very complex. It is a message based message is: I have leverage over you. Iraq as we simply take for granted on simple but indisputable facts. That And by the indication of our increased their willingness to sell us oil, and we reality is, we move America and we imports, as I indicated, the figure is take for granted our continuing de- move the world on oil. We are becom- one million barrels a day now. It seems pendence—an increasing dependence— ing more and more committed to that he is pretty much right on target on that source and seem to be totally oil coming from Iraq, and Iraq has there. unconcerned about it. more and more leverage on the United Every time he has done this, he has We are legitimately concerned about States as a consequence of that. Again, had his way. We have proven ourselves Iran and Libya, but Iraq sanctions ter- I ask myself: Where is Iraq in the bill addicted to Iraqi oil. Saddam has been rorism as well. Is it because we have al- that is before this body? proven right: He does have leverage lowed ourselves to become more de- I have agreed to withdraw my amend- over us. pendent on Iraq? This is almost like an ment with the provision that the floor Last month, in a display of dis- examination of conscience—the con- leadership has assured me of an up-or- pleasure over U.S. attempts to revise science of our country, the recognition down vote on my amendment at a later the sanctions regime, as I indicated, he of our national security imperatives. time. I want the administration, the withdrew 2.5 million barrels a day from My good friend from Maryland may State Department, and the domestic the market for 30 days. OPEC did not expect me to go into a long-winded ex- oil industry in this country that im- make it up. Now we are importing over planation of other alternatives for our ports this oil from Iraq to get the mes- a million barrels a day. Ten percent of increased dependence on oil. I believe sage that I mean business. We are our oil imports come directly from that many alternatives can come do- going to have in this body an up-or- Saddam Hussein. mestically from the United States. down vote to either terminate our im- Am I missing something? Is this real- However, America’s environmental ports from Iraq and find our oil some- ly acceptable to this body? We have community that suggests we cannot do place else until such time as the ad- placed our energy security in the hands it here at home. ministration and the President satis- of this individual. But that environmental community fies us that the inconsistencies associ- The administration has valiantly at- isn’t concerned with the national secu- ated with our relationship with Iraq tempted to reconstruct a sensible, mul- rity consequences of our increased de- are adequately addressed. tilateral policy towards Iraq. Attempts pendence on Iraq. I think the American Iraq should be part of this bill before have, unfortunately, not been success- people are inclined to take for granted us. However, in accordance with my ful. I think that before we can con- that they can go to the gas station and agreement with the Leadership, I will struct a sensible U.S. policy towards simply pick up the hose and put it in withdraw the amendment, and unless Iraq, we need to end the blatant incon- their automobiles. We have had occa- there are other Members who want to sistency between our energy policy and sions where individuals have said: I speak on this on my time, it would be our foreign policy. We need to get our thought that is the way it came. I for- my intention, if there are no others, heads out of the sand. We need to end got all about the reality that somebody with the agreement of the floor man- our addiction to Iraqi oil. We need to had to find it, recover it, refine it, ship ager, I would consider yielding back basically find another alternative. it, and make it available. Do we care the time. To that end, in the amendment that about the fact that so much of it is The PRESIDING OFFICER. The I have at the desk, I am offering lan- coming from Iraq—a place with which clerk will report the amendment for guage to prohibit imports from Iraq, we are in a virtual state of war? the information of the Senate. whether or not under the Oil For Food We stand against terrorism from Iran The bill clerk read as follows: Program, until it is no longer incon- and Libya. But where do we stand on The Senator from Alaska [Mr. MURKOWSKI] sistent with our national security to the imminent threat from Iraq? proposes an amendment numbered 1154. resume those imports. As we again address the reality of Mr. MURKOWSKI. Mr. President, I I have had a colloquy with the lead- whether Americans should care where ask unanimous consent that reading of ership and the floor manager, and I their oil comes from, it is fair to state the amendment be dispensed with. agreed to submit my amendment to the there seems to be little concern about The PRESIDING OFFICER. Without desk, to speak on it, and withdraw it, how environmentally compatible the objection, it is so ordered. with the proviso that I would receive development of Saddam Hussein’s oil The amendment is as follows: July 25, 2001 CONGRESSIONAL RECORD — SENATE S8179 (Purpose: To make the United States’ energy eliminating weapons of mass destruction, or thought with respect to the Iraq situa- policy toward Iraq consistent with the na- otherwise preventing threatening action by tion. Let me add a couple of observa- tional security policies of the United Iraq against the United States or its allies; tions which Members should keep in States) and (2) resuming the importation of Iraqi-ori- mind. This goes back to the adminis- At the appropriate place, insert the fol- tration’s efforts now to tighten sanc- lowing: gin petroleum and petroleum products would not be inconsistent with the national secu- tions at the United Nations with re- SECTION 1. SHORT TITLE AND FINDINGS. rity and foreign policy interests of the spect to Iraq and the fact that the (a) SHORT TITLE.—This Act can be cited as United States. the ‘‘Iraq Petroleum Import Restriction Act United States is part of an effort, SEC. 4. HUMANITARIAN INTERESTS. of 2001’’. through the U.N., to constrain Saddam It is the sense of the Senate that the Presi- (b) FINDINGS.—Congress finds that— Hussein. dent should make all appropriate efforts to (1) the government of the Republic of Iraq: Iraq is able to sell oil to foreign com- (A) has failed to comply with the terms of ensure that the humanitarian needs of the Iraqi people are not negatively affected by panies, including American companies, United Nations Security Council Resolution this Act, and should encourage through pub- but legally only under the guidelines of 687 regarding unconditional Iraqi acceptance lic, private, domestic and international the U.N. Oil For Food Program. of the destruction, removal, or rendering means the direct or indirect sale, donation It is true they are bootlegging oil, harmless, under international supervision, of or other transfer to appropriate non-govern- all nuclear, chemical and biological weapons and they have some middlemen at mental health and humanitarian organiza- and all stocks of agents and all related sub- work. Of course, they are trying to tions and individuals within Iraq of food, systems and components and all research, tighten the regime in order to preclude medicine and other humanitarian products. development, support and manufacturing fa- those two possibilities. But the money cilities, as well as all ballistic missiles with SEC. 5. DEFINITIONS. (a) 661 COMMITTEE.—The term ‘‘661 Com- that is being paid for the oil under the a range greater than 150 kilometers and re- mittee’’ means the Security Council Com- U.N. Oil For Food Program goes into a lated major parts, and repair and production mittee established by UNSC Resolution 661, U.N.-controlled escrow account. The facilities and has failed to allow United Na- and persons acting for or on behalf of the expenditures of that money out of the tions inspectors access to sites used for the Committee under its specific delegation of production or storage of weapons of mass de- escrow account, the disbursement is authority for the relevant matter or cat- subject to our review and our veto. struction. egory of activity, including the overseers ap- (B) routinely contravenes the terms and This is all an effort to try to ensure pointed by the UN Secretary-General to ex- conditions of UNSC Resolution 661, author- that the money goes in for humani- amine and approve agreements for purchases izing the export of petroleum products from of petroleum and petroleum products from tarian purposes involving the Iraqi peo- Iraq in exchange for food, medicine and other the Government of Iraq pursuant to UNSC ple and not for Saddam Hussein’s pur- humanitarian products by conducting a rou- Resolution 986. poses. tine and extensive program to sell such prod- (b) UNSC RESOLUTION 661.—The term The fact that we have been able to ucts outside of the channels established by ‘‘UNSC Resolution 661’’ means United Na- work through U.N. Security Council UNSC Resolution 661 in exchange for mili- tions Security Council Resolution No. 661, tary equipment and materials to be used in resolutions means that there is a pro- adopted August 6, 1990, prohibiting certain gram in place barring companies from pursuit of its program to develop weapons of transactions with respect to Iraq and Ku- mass destruction in order to threaten the wait. making energy investments in Iraq. United States and its allies in the Persian (c) UNSC RESOLUTION 986.—The term That is now being followed by the Gulf and surrounding regions. ‘‘UNSC Resolution 986’’ means United Na- United States and by other countries (C) has failed to adequately draw down tions Security Council Resolution 986, adopt- as well. We are trying to monitor this upon the amounts received in the Escrow Ac- ed April 14, 1995. program to alleviate the humanitarian count established by UNSC Resolution 986 to SEC. 6. EFFECTIVE DATE. situation and to ensure that the mon- purchase food, medicine and other humani- The prohibition on importation of Iraqi or- tarian products required by its citizens, re- eys do not go into the coffers of Sad- igin petroleum and petroleum products shall dam Hussein. sulting in massive humanitarian suffering by be effective 30 days after enactment of this the Iraqi people. Act. We are in a sensitive situation at the (D) conducts a periodic and systematic United Nations because we just got the AMENDMENT NO. 1154, WITHDRAWN campaign to harass and obstruct the enforce- existing sanctions regime extended. We ment of the United States and United King- Mr. MURKOWSKI. Mr. President, I ask unanimous consent that the were unable to get the sanctions re- dom-enforced ‘‘No-Fly Zones’’ in effect in gime altered, as we ran into difficulties the Republic of Iraq. amendment be withdrawn. (E) routinely manipulates the petroleum The PRESIDING OFFICER. The in the end from Russia. We have to be export production volumes permitted under amendment is withdrawn. very careful how we move on this situ- UNSC Resolution 661 in order to create un- The Senator from Maryland. ation so we don’t risk losing the exist- certainty in global energy markets, and Mr. SARBANES. Mr. President, I ing multilateral sanctions regime therefore threatens the economic security of wanted to take a few minutes to ad- which, although not perfect, is serving the United States. dress some of the comments of the Sen- a very useful purpose. (2) Further imports of petroleum products ator from Alaska. We have time on the Obviously, if the U.S. companies are from the Republic of Iraq are inconsistent barred under the U.N. Oil For Food with the national security and foreign policy amendment. Then I would be happy to interests of the United States and should be yield back the time. I assume the Sen- Program, other companies will fill the eliminated until such time as they are not so ator would yield back his time on the gap. I am more concerned about the inconsistent. amendment. Then we would just be left fact that if we start playing this uni- SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETRO- with completing the bill. If I may now lateral game on Iraq where we have LEUM IMPORTS. be recognized to speak on the time al- multilateral sanctions in place, we The direct or indirect import from Iraq of lotted with respect to the amendment. may erode and undermine the multilat- Iraqi-origin petroleum and petroleum prod- The PRESIDING OFFICER. The Sen- eral sanctions. ucts is prohibited, nothwithstanding an au- ator from Maryland is recognized. As we consider this proposal, and as thorization by the Committee established by Mr. SARBANES. Mr. President, I say the Senator from Alaska has indicated, UNSC Resolution 661 or its designee, or any other order to the contrary. to the Senator from Alaska, there is he anticipates it will be back before us at some future time, we have to keep SEC. 3. TERMINATION/PRESIDENTIAL CERTIFI- much in what he said. I certainly agree CATION. with his condemnation of Saddam Hus- in mind this very difficult situation we This Act will remain in effect until such sein. He asked, why isn’t Iraq in this have at the U.N.—Secretary Powell’s time as the President, after consultation bill? efforts to sharpen the sanctions and to with the relevant committees in Congress, I think there are two reasons. One is, focus them in a more direct way. I certifies to the Congress that: the bill was addressed to do a very sim- don’t think we want to jeopardize that. (1) the United States is not engaged in ac- ple, straightforward thing, and that I think Members need to keep that in tive military operations in enforcing ‘‘No- was to extend the Iran-Libya sanc- mind as we consider the Iraqi situa- Fly-Zones’’ in Iraq, supporting United Na- tions sanctions against Iraq, preventing the tions. We did not undertake, either tion. smuggling by of Iraqi-origin petroleum and with hearings or in any other way, to Mr. MURKOWSKI. If I may respond petroleum products in violation of UNSC examine the Iraqi situation. to the floor manager. Resolution 986, complying with United Na- Secondly, the Senator has given The PRESIDING OFFICER. Who tions Security Council Resolution 687 by Members of this body a lot of food for yields time? S8180 CONGRESSIONAL RECORD — SENATE July 25, 2001 Mr. MURKOWSKI. I yield myself a This is a bipartisan bill. I think it is a abroad, we should not forget our na- minute or so. good bill. I think it is justified. I am tional values at home. One of the na- It is not the intention nor the word- not unaware of the fact that things are tional values that I believe we have is ing of my amendment to in any way happening in Iran. I continue to hope our commitment to the State of Israel alter the Oil For Food Program. That that a great country with a very proud to defend it in its existence. This is a stays. My amendment does not jeop- history, with 67 million people, will commitment that continues today in ardize that. Let me make a couple of have an awakening of freedom, and some very troubled waters. But the points in response. that Iran will rejoin the community of truth is, if you examine the globe and What I wish to emphasize is our in- nations at some point. But while our try to evaluate where America could be creasing dependence on this source. It committee is not unaware of the fact drawn into a conflict, surely the Mid- is now 10 percent of the total oil that that there are some promising signs in dle East is one of those. we import. The significance of that is Iran, the policy of the Government is Some of the actors in the Middle that, as the Senator from Maryland still a policy that we find objection- East, it seems to me, have made it pointed out, is that the Oil-for-food able. Therefore, I support this bill. clear in recent days that their inten- program is kind of like a sieve. There If something changes in Iran, if there tion is not to make peace with Israel are these sanctions, but as the Senator is a change in policy, produced either but to eliminate Israel from the map. from Maryland noted, the oil seeps out by a change in the Government or a To that end, we see in Iran a nation through other routes than the U.N. Un- change in the policy of the Govern- that is pursuing its petroleum business fortunately, it doesn’t have an ade- ment, I think there is strong support in in order to buy its munitions, its weap- quate safeguard. our committee, in the Congress, and in ons business, to build weapons of mass So he is able to fund a significant the country to change the current pol- destruction and the rocketry to deliver amount of oil outside of the U.N. sanc- icy. But it is up to Iran and its people them, to engage in this deadly trade— tions. And then the last point I want to as to what course they are going to fol- all aimed at the State of Israel. What can we do about that? Well, one make is that this is a unique situation. low, whether they are going to be one of the things this Congress and the We should remind people that we are of the responsible nations in the world American people have done as an ex- flying sorties, enforcing a no-fly zone or whether they are going to support pression of our commitment is to es- over a country that we are allowing terrorism. tablish the Iran-Libya Sanctions Act. ourselves to become more dependent Let me also say that I see no sign We need to renew that before August 5 upon. I think that is very dangerous that any similar hope is present in or it will lapse. It will now be renewed, from the standpoint of national secu- Libya. The bottom line is that we have I believe, for an additional 5 years. It is rity. to judge nations as we judge people, very important that we do this be- Obviously, Saddam Hussein himself based on how they behave. When they cause, currently, Iran is giving $100 and his record of terrorism speaks for behave irresponsibly, we can take note million a year to finance the activities itself. We rightly condemn Iran and of it if we want to discourage that be- of Hezbollah, Islamic Jihad, and Libya for harboring and sponsoring ter- havior. Hamas. They are supplying them with rorists. I think Saddam Hussein fits I hope we will get a strong vote. I the deadliest of munitions, and we are into that category as well. In addition, have to say that when our committee seeing their work played out on the we should not forget that have a grow- debated this issue, while there was an ing dependence on an individual who, streets of Jerusalem. overwhelming vote of support, we had a Further, now we know that Iran is at virtually every opportunity, con- very good debate. Many important cludes major speeches with ‘‘death to proliferating all kinds of weapons of points were raised, and I was quite the deadliest kind. So the only peace- Israel.’’ proud of how seriously we took this Clearly, we are almost at war with ful means we have to respond is with issue. this individual. These are the incon- our dollars and with these sanctions, I don’t have any intention to use my which try to thwart the development of sistencies that need to be brought out 30 minutes. I don’t know if anyone else and recognized for what they are and petroleum projects in Iran—by the on my side wishes to speak, so maybe way, they have been very effective in addressed in some responsible manner. for the time being I will reserve my The efforts by the Senator from Alaska that interruption—the profits from time and see if anybody comes over. which can be spent on weapons of mass to address this—first, to bring it to the Let me conclude my remarks and see if body, which I have done today, and I destruction. there is anyone on the Democrat side Where does Libya come in? Libya have a commitment for an up-or-down who wants to speak. I hope my col- vote from leadership, and I hope that still refuses to abide by U.N. Security leagues will vote for the Iran-Libya Council resolutions regarding Pan Am the conscience of America reflects to Sanctions Act. I believe that, unfortu- some degree on each of our colleagues flight 103, which require that Tripoli nately, it is needed. I hope things will formally renounce terrorism, accept the fact that this is not, by any means, change so that we can lift these sanc- the best situation we could have in our responsibility for the actions of its tions some day, and I hope it is soon. Government officials convicted of mas- foreign policy, nor our national secu- But something has to change to make rity, by increasing dependence on this terminding the bombing, provide infor- that happen. mation about the bombing, and pay ap- particular source. I would feel much The PRESIDING OFFICER. Who better getting it from the OPEC na- propriate compensation to the families yields time? of the victims. Further, Libya is a tions rather than Saddam Hussein. Mr. GRAMM. I will yield the Senator prime suspect of many of the past ter- That concludes my remarks. I thank from Oregon as much time as he might rorist actions that have rocked the my friend for his courtesies. require. Mr. SARBANES. Has the amendment Middle East. The PRESIDING OFFICER. The Sen- ILSA threatens the imposition of been withdrawn? ator from Oregon is recognized. economic sanctions against foreign en- The PRESIDING OFFICER. Yes. Mr. SMITH of Oregon. I thank Sen- Mr. SARBANES. I yield back the tities investing in Iran and Libya. ator GRAMM. I will be brief. Mr. Presi- time we had on the amendment. Again, as we look at how effective it Mr. MURKOWSKI. I yield back my dent, I compliment the ranking mem- has been, of the 55 major petroleum time, too. ber and the chairman of the Banking projects in Iran that have sought for- Mr. GRAMM. Will the Senator yield 3 Committee for bringing this legislation eign investment, I am only aware of a minutes? to the floor. It has been my privilege to half dozen or so that have received for- Mr. SARBANES. I think the Senator introduce it to their committee with eign investment. This is the best and from Texas has time. Senator SCHUMER, the Senator from most peaceful way we have to respond The PRESIDING OFFICER. Yes. New York—a Republican and a Demo- to a buildup of weaponry that could Mr. GRAMM. I yield myself such crat. threaten Israel’s existence and draw time as I might consume. Senator SCHUMER and I came to- the United States into conflict as well. Mr. President, first of all, I congratu- gether on this bill in the belief that, as I believe ILSA has proven it works. I late Chairman SARBANES on this bill. America pursues its national interests believe it reflects our national values, July 25, 2001 CONGRESSIONAL RECORD — SENATE S8181 and I believe it restates in the clearest Critics of our Iran sanctions policy behavior. I support extension of ILSA of terms our commitment to the secu- make two arguments. The first is that in the knowledge that it is not Amer- rity of Israel and its place in the world. these sanctions are ineffective. But ac- ican sanctions policy but unacceptable I am pleased over 78 of our colleagues cording to the Iranian government behavior by these rogue regimes that have signed on as original cosponsors itself, in a 1998 report to the United Na- precludes a new policy toward them at of this bill. tions, ILSA caused ‘‘the disruption of this time. I thank the chairman of the com- the country’s economic system,’’ a ‘‘de- Mr. ENZI. Madam President, I rise to mittee and the ranking member for cline in its gross national product,’’ express my concerns about the lack of bringing it to the floor today and to a and a ‘‘reduction in international in- review and reporting requirements for vote, I assume, very soon. vestment.’’ As Lawrence Kaplan points S.1218, the reauthorization of the Iran- I yield back the remainder of my out in this week’s edition of The New Libya Sanctions Act, known as, ILSA. time. Republic, since ILSA was enacted in I believe that a renewal of any sanc- Mr. SARBANES. Mr. President, how 1996, Iran has promoted over 50 invest- tions law should accompany a full re- much time remains? ment opportunities in its energy sector view and report to the Congress on the The PRESIDING OFFICER. The Sen- but has secured only eight oil con- effectiveness of the sanctions policy it ator from Maryland has 10 minutes re- tracts. Sanctions have a deterrent ef- imposes. maining, and the Senator from Texas fect on international investors, not- First, I want to express my support 1 has 21 ⁄2 minutes remaining. withstanding the foreign policies some for the goals of ILSA. All of us want to Mr. SARBANES. There is a total of of their national governments pursue. prevent terrorist organizations from 31 minutes remaining? The second argument of sanctions carrying out their terrible activities The PRESIDING OFFICER. That is critics is that ILSA renewal would sti- and we want to stop the dangerous pro- correct. fle American-Iranian rapprochement, liferation of weapons of mass destruc- Mr. SARBANES. Mr. President, I am in which we hold a strategic interest. tion, (WMD), technology. We must going to put in a quorum call and alert This argument would carry weight had work with our allies and friends to use my colleagues if there is anyone else our government not repeatedly sought multilateral means and pressure these who wishes to speak on this bill, they to initiate an official dialogue on nor- entities and countries to depart from should let us know and come to the malization with Iran. But our highest these dangerous activities and work to floor promptly. Otherwise, we will leaders have extended the olive branch encourage them to behave in a manner yield back all of our time and schedule on several occasions. Each time, the consistent with international norms. this matter to go to a vote at 6:30 this Iranian government has rejected it. In In the case of Libya, multilateral evening. I will get further guidance on June 1998, then-Secretary of State agreement on the course of action has that, but for the moment I will put in Albright called for mutual confidence- been largely reached. Libya must take a quorum call with the alert to other building measures that could lead to a full responsibility for the despicable colleagues, if there is anyone else who terrorist act resulting in the downing ‘‘road map’’ for normalization. The Ira- wishes to speak on this bill, they of Pan Am flight 103. In the case of nian government rejected this unprece- should let us know and come at once. Iran, however, the level of multilateral dented overture. In March 2000, Sec- Otherwise, we are going to draw this agreement is less consistent, in part retary Albright gave another speech in debate to a close. because Iran has made some changes, which she expressed regret for Amer- I suggest the absence of a quorum. albeit very small. The PRESIDING OFFICER (Mrs. LIN- ican policy towards Iran in the past, The Banking Committee recently re- COLN). The clerk will call the roll. called for easing sanctions on some Ira- ported, by a 19 to 2 margin, the Iran- The assistant legislative clerk pro- nian imports, and pledged to work to Libya Sanctions Act. I was one of those ceeded to call the roll. resolve outstanding claims disputes who could not support the bill at the Mr. SARBANES. Madam President, I dating to the revolution. Iran’s govern- time because it failed to require a re- ask unanimous consent that the order ment deemed this offer insufficient to port on the results of ILSA. I believe for the quorum call be rescinded. form the basis for a new dialogue. In that this Congress has neither taken The PRESIDING OFFICER. Without September 2000, then-President Clinton adequate time to examine the effec- objection, it is so ordered. and Secretary Albright went out of tiveness of ILSA, nor the consequences Mr. MCCAIN. Madam President, I their way to attend President of renewing ILSA for 5 years. join my colleagues in support of renew- Khatami’s speech at the United Na- At the Banking Committee markup, I ing the Iran-Libya Sanctions Act to tions an important diplomatic symbol supported Senator HAGEL’s amend- protect American interests in the Mid- of our interest in a new relationship. ment, which would have reauthorized dle East. Despite promising changes But the Iranians again balked. I ask: ILSA for two years, and more impor- within Iranian society, Iran’s external whose policy is static and immovable tantly, required the President to report behavior remains provocative and de- America’s, with our repeated diplo- to the Congress on the effectiveness of stabilizing. Iran continues to aggres- matic entreaties for a more normal re- the Iran-Libya Sanctions Act. The ad- sively foment terrorism beyond its bor- lationship, or Iran’s, which rejects all ministration also requested a 2-year re- ders and develop weapons of mass de- such overtures even as it steps up the authorization so it could have a better struction as a matter of national pol- very behavior we find unacceptable? opportunity to review its effectiveness. icy. Consistent calls from its leaders Nor is it time for the United States It is reasonable and prudent policy to for Israel’s destruction, and the Iranian to lift sanctions on Libya. The success- review sanctions laws on a periodic government’s bankrolling of murderous ful conclusion of the Lockerbie trial, basis. It would help ensure that the ad- behavior by Hezbollah, Hamas, and which explicitly implicated Libya’s in- ministration and Congress work to- other terrorist groups, should make telligence services in the attack, does gether to forge an effective, common- clear to all friends of peace where Iran not absolve Libya of its obligations to sense policy which promotes our na- stands, and what role it has played, in meet fully the terms of the U.N. Secu- tional security and foreign policy the conflagration that threatens to rity Council resolutions governing the goals. We are living in a complex and consume an entire region. multilateral sanctions regime against more globalized world, so periodic re- Nor has Iranian-sponsored terrorism it. Libya has not done so. Libya’s sup- view is necessary to keep pace with targeted only our Israeli ally. Accord- port for state terrorism, as certified new developments. I also encourage a ing to Attorney General Ashcroft, Ira- again this year by our State Depart- review of all of our sanctions statutes nian government officials ‘‘inspired, ment, and its aggressive efforts to de- specifically relating to Iran to ensure a supported, and supervised members of velop chemical and potentially nuclear simplified approach to U.S. sanctions Saudi Hezbollah’’ responsible for the weapons, exclude Libya from the ranks policy toward Iran. 1996 terrorist attack on Khobar Towers, of law-abiding nations. The current ILSA does not sanction which took the lives of 19 U.S. service Lifting sanctions now on Iran and Iran and Libya. Instead, it sanctions men. According to former FBI Director Libya would be premature and would those who engage in certain levels of Freeh, that chain of responsibility ex- unjustly reward their continuing hos- investment in Iran’s and Libya’s petro- tends to Iran’s most senior leadership. tility to basic international norms of leum sectors. In addition, it does not S8182 CONGRESSIONAL RECORD — SENATE July 25, 2001 appear to me that the Congress fully time, to go to the Netherlands to listen and there will be strong support. It can considered the few positive develop- to the verdict against two Libyan na- be a voice vote. It doesn’t matter to ments that have occurred in Iran since tionals indicted for the bombing. A me. But I want to speak and get this the 1996 when ILSA was first passed. I Libyan intelligence officer was found work done now. I am ready to do so. fully understand that the hard-line guilty of murder in the bombing, in the I suggest the absence of a quorum. clerics still control many of Iran’s poli- words of the court, ‘‘in furtherance of The PRESIDING OFFICER. The cies. However, we must not turn a the purposes of...Libyan Intel- clerk will call the roll. blind eye toward Iran’s election of ligence Services.’’ Yet Libya continues The senior assistant bill clerk pro- Khatemi and the desire of young Ira- to refuse to acknowledge its role and to ceeded to call the roll. nian people to liberalize Iran’s policies. compensate the family members of 270 Mr. DASCHLE. Madam President, I Instead of showing some willingness to victims of the bombing. The State De- ask unanimous consent the order for work with Iran, we are demonstrating partment reports that Libya also re- the quorum call be rescinded. our own inflexibility. mains the primary suspect in several The PRESIDING OFFICER. Without The United States has direct na- other past terrorist operations. Brian objection, it is so ordered. tional security interests in maintain- and so many family members of the f ing the stability of the Middle East. dozens of New Yorkers killed in the EXECUTIVE SESSION Israel is an island of stability within bombing, have written to me and con- this turbulent region. It deserves the veyed how important it is for the Mr. DASCHLE. Madam President, support of the United States. In doing United States to continue to hold pursuant to the order of July 24, I now so, however, we must do everything Libya accountable for its support of ask that the Senate proceed to execu- possible to avoid making enemies for international terrorism. tive session to consider the nomina- both the United States and Israel in By acting now to renew ILSA, the tions of Wade Horn and Hector Barreto. that region. The U.S. must remain Senate is sending a clear message to I believe the time allotted for Mr. Horn strong, but willing to revisit issues of Iran and Libya that their dangerous is 2 hours and the time for Mr. Barreto such importance to the security of support for terrorism and efforts to de- is a half hour. both the United States and Israel. It is velop weapons of mass destruction are Mr. WELLSTONE. Madam President, my hope that despite the lack of a re- unacceptable and will not be tolerated. will the majority leader yield? porting requirement in S.1218, the Bush Mr. SARBANES. Madam President, I Mr. DASCHLE. I am happy to yield. administration will conduct a thorough ask for the yeas and nays on the bill. Mr. WELLSTONE. I do want to say review of the effectiveness of ILSA and The PRESIDING OFFICER. Is there a to the majority leader, I do not think other sanctions laws. sufficient second? we will need anywhere near that much Mrs. CLINTON. Madam President, I There appears to be a sufficient sec- time. So I say it can probably be done rise today to speak in support of S. ond. in an hour with people speaking on 1218, the Iran Libya Sanctions Exten- The yeas and nays were ordered. both sides. sion Act of 2001. This legislation will Mr. SARBANES. Madam President, I Mr. DASCHLE. Madam President, for extend for another five years the Iran ask unanimous consent that the vote the information of our colleagues, it Libya Sanctions Act of 1996, which on final passage of S. 1218, the Iran- may be that we will have one rollcall would otherwise expire on August 5, Libya sanctions bill, occur this evening vote on the Iran-Libyan Sanctions Act 2001. at 6:30. at some point. Currently, it is sched- In 1996 Congress unanimously en- Mr. REID. Madam President, reserv- uled for 6:30. I understand that vote has acted ILSA in response to Iran’s emer- ing the right to object, and I will not been scheduled for 6:30 to accommodate gence as the leading state sponsor of object other than to indicate to all of some Senators who are attending a me- international terrorism, its accelerated the Senators within the sound of my morial service. I would suggest we pro- campaign to develop weapons of mass voice, we are going to attempt to have ceed now to the nomination of Mr. destruction, its denial of Israel’s right two, maybe three, votes at 6:30. Sen- Horn. And we will provide our col- to exist, and its efforts to undermine ator WELLSTONE will be here at 4:30 to leagues with more information as it is peace and stability in the Middle East. begin the dialogue, the debate on the made available to us. I yield the floor. Five years later, the U.S. State De- Horn nomination, and then after that f partment’s ‘‘Patterns and Global Ter- we are going to go to the nominee for NOMINATION OF WADE F. HORN, rorism,’’ reported that Iran still re- the Small Business Administration, OF MARYLAND, TO BE ASSIST- mains ‘‘the most active state-sponsor Mr. Barreto. We hope we can have ANT SECRETARY FOR FAMILY of terrorism’’ in the world, by pro- those votes also at 6:30. SUPPORT, DEPARTMENT OF viding assistance to terrorist organiza- I appreciate the usual good work of HEALTH AND HUMAN SERVICES tions such as Hezbollah, Hamas, and my friend from Maryland. the Islamic Jihad. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Eleven short days from now, ILSA is objection, it is so ordered. clerk will report the nomination. set to expire. That is why we must act Mr. SARBANES. Madam President, I The assistant legislative clerk read today to renew this important legisla- suggest the absence of a quorum. the nomination of Wade F. Horn, of tion to deter foreign investment in The PRESIDING OFFICER. The Maryland, to be Assistant Secretary Iran’s energy sector—its major source clerk will call the roll. for Family Support, Department of of income. By doing so we can continue The assistant legislative clerk pro- Health and Human Services. to undermine Iran’s ability to fund the ceeded to call the roll. The PRESIDING OFFICER (Mr. development of weapons of mass de- Mr. WELLSTONE. Madam President, JOHNSON). The Senator from Min- struction and its support of inter- I ask unanimous consent that the order nesota. national terrorist groups. for the quorum call be rescinded. Mr. WELLSTONE. Mr. President, In February of this year, I met with The PRESIDING OFFICER. Without again, for the sake of my colleagues’ families of the American victims of the objection, it is so ordered. schedules, I do not think this will take bombing of Pam Am Flight 103 in 1988. Mr. WELLSTONE. Madam President, that much time. I know there are some Brian Flynn, from New York City, re- I want to make it clear to colleagues Senators who want to speak. I think it called driving to John F. Kennedy air- that I am ready to speak on the nomi- is a relatively noncontroversial nomi- port to retrieve the body of his brother, nation of Wade Horn to be HHS Assist- nation. I certainly do not need 2 hours. J.P. Flynn, who had perished in the ant Secretary for Family Support. We I do want to speak on the nomination bombing. Brian remembered: ‘‘There are moving forward and are trying to of Dr. Wade Horn to the position of As- was no flag, no ceremony, no recogni- get some work done. I am ready to sistant Secretary for Family Support tion that he was killed simply for being speak. I think there are other Senators at the Department of Health and an American.’’ who want to speak in favor of the nom- Human Services. Earlier this year, once again Brian ination. My guess is that it is a rel- This is a very important position. drove to John F. Kennedy airport, this atively noncontroversial nomination Once confirmed for this position, Dr. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8183 Horn is going to have authority over when he comes before the Senate Finance Children’s Foundation the administration of the Federal wel- Committee for confirmation. Choice USA fare, child care, child welfare, foster The HHS Assistant Secretary for Family Coalition Against Poverty care, and adoption programs. He is Support, the country’s top family policy Coalition for Ethical Welfare Reform post, will be making important decisions and Coalition for Humane Immigrant Rights going to have considerable influence in recommendations on many critical public Coalition of Labor Union Women the upcoming reauthorization of the programs which serve predominantly lower Colorado Center on Law and Policy so-called welfare reform legislation. income children and families, including wel- Communications Workers of America These are issues that all of us care fare, childcare, child welfare, child support, Community Voices Heard about. But, as my colleagues know, adoption, foster care, child abuse and domes- Democrats.com much of my own background, in addi- tic violence. The person who holds this job Displaced Homemakers Network of New Jer- tion to teaching, was community orga- will also influence the Administration’s posi- sey nizing. Most of that was with poor peo- tions and activities dealing with next year’s Empire State Pride Agenda EMPOWER, ple. And much of that was with single- reauthorization of the Temporary Assistance to Needy Families (TANF) programs. This Family Economic Initiative parent families, almost always women, person must be able to understand and pro- Family Planning Advocates of New York sometimes men. Unfortunately, when mote the needs of ALL families in our soci- State marriages dissolve, or when it comes to ety. Feminist Majority the responsibility of raising children, it Wade Horn wants the government to pro- Finding Common Ground Project at Colum- disproportionately falls on the shoul- mote marriage by penalizing families where bia University ders of women. the parents divorce, separate, or do not Grassroots Organizing for Welfare Leader- I have devoted a lot of time to these marry. He also wants the government to tell ship (GROWL) unmarried mothers to surrender their chil- Hawaii Coalition for the Prevention of Sex- issues. I really believe that, for me, if ual Assault I have a passion, it is around the cen- dren for adoption. There is very little ‘‘sup- port’’ for families in these sentiments. Hawaii State Coalition Against Domestic Vi- tral idea that every child in our coun- With Wade Horn as Assistant Secretary for olence try should have the same opportunity Family Support, we fear a Department of Hesed House to reach her or his full potential. That Health and Human Services that will penal- inMotion, Inc. is what I believe. I suppose all of us do. ize, and promote discrimination against, Institute for Wisconsin’s Future Maybe people have different ideas how families headed by a divorced. Separated, or Iowa Coalition Against Domestic Violence Jewish Women International we realize that goal, but, for me, that never-married parent or where both parents live in the home but are not married. Horn Los Angeles Coalition to End Hunger & is the core value that informs me as a Homelessness Senator. And I am for everything—pub- has written that single parent families should be denied public benefits whose sup- Make the Road by Walking lic sector, private sector—that makes ply is limited—such as public housing, Head Massachusetts Welfare Rights Union that more likely, more possible, and I Start, and child care—unless all married McAuley Institute Men for Gender Justice am opposed to whatever makes it less couples have been served first. Horn has MOTHERS Now possible. written that cohabiting parent families National Association for the Advancement of In my opinion, Dr. Horn’s views should be denied any welfare benefits at all, Colored People (NAACP) and kept at the end of the waiting list for about the causes of the circumstances National Association of Commissions for other benefit programs. of these families—especially single-par- Women Due to divorce, separation, death, aban- ent families, almost always headed by National Black Women’s Health Project donment or their parent’s never-married sta- women—as well as a number of his National Center on Poverty Law tus, more than half the children growing up National Coalition of Anti-Violence Pro- stated proposals as to how to address today will spend some of their childhood in a grams these circumstances make him not the single-parent family. An increasing number right choice to serve in this position. I National Employment Law Project of children live in two parent families where National Family Planning and Reproductive do not think he is the right person for the parents delay marriage, choose not to Health Association this job. marry or are prevented by law from National Gay and Lesbian Task Force I hasten to add that I have met with marrying. Horn advocates penalizing all National Organization for Women (NOW) him. I am sure that this discussion in these children. National Women’s Conference the Senate Chamber is of great interest By supporting Wade Horn’s nomination as National Women’s Political Caucus to Dr. Horn. As I say, I have met with Assistant Secretary for Family Support at New York City Gay & Lesbian Anti-Violence the Department of health and Human Serv- Project him. He was more than obliging to ices, president Bush’s campaign call to come by. I thought we had a very good 9to5, National Association of Working ‘‘Leave No Child Behind’’ rings hollow. If the Women discussion. And I do not say that as a President’s true intention is to support all of Nontraditional Employment For Women cliche. He responded in writing to a America’s families and children, rather than North Carolina Coalition Against Domestic number of questions I sent to him fol- judging and penalizing many, he should ap- Violence lowing the conversation. point an individual who can work with Con- Northeast Missouri Client Council for I think he feels just as strongly gress, our states and our own dedicated orga- Human Needs about these issues as I do. I think he nizations to ensure that we will be more— Northeast Washington Rural Resources Dev. not less—compassionate when dealing with Assoc would fight against any policy he our children and families living at or near thought would be harmful to low-in- NOW Legal Defense and Education Fund poverty. PADS, Inc come families, especially poor children. Sincerely, Pennsylvania Lesbian and Gay Task Force I do not want to caricature him. We Abortion Access Project People United for Families have an honest but fundamental dis- ACORN Planned Parenthood of New York City agreement about the best way to move AIDS Action Committee Poor People’s United Front families in this country from poverty Alternatives to Marriage Project Progressive Challenge Project, Institute for to self-sufficiency. American Ethical Union Policy Studies I ask unanimous consent to have Applied Research Center Public Justice Center printed in the RECORD a letter and the Arizona Coalition Against domestic Violence Rural Law Center signatures of more than 90 organiza- Association of Reproductive Health Profes- Sociologists for Women in Society sionals Survivors Inc. tions that oppose this nomination. Boston Coalition of Black Women Texas Council on Family Violence There being no objection, the letter Boston Women’s Health Book Collective Unitarian Universalist Service Committee was ordered to be printed in the Business and Professional Women/USA Voters For Choice Action Fund RECORD, as follows: Center for Community Change WEEL (Working for Equality and Economic JUNE 14, 2001. Center for Reproductive Law and Policy Liberation) DEAR SENATOR: We are writing to urge Center for Third World Organizing Welfare, Education, Training Access Coali- your opposition to the nomination of Wade Center for Women Policy Studies tion Horn as Assistant Secretary for Family Sup- Center on Fathers, Families and Public Pol- Welfare Law Center port at the Department of Health and icy Welfare Made a Difference Campaign Human Services. We ask that you inves- Chicago Jobs Council Welfare Rights Organizing Coalition tigate the writings and philosophy of Mr. Chicago Metropolitan Battered Women’s Welfare Warriors Horn and that you question him thoroughly Network Women’s Center at the University of Oregon S8184 CONGRESSIONAL RECORD — SENATE July 25, 2001 Women’s Committee Of 100 Now, although he has distanced him- first child within marriage, to be dis- Women Employed self from this suggestion, as recently bursed in $1,000 annual payments over 5 Women’s Environment and Development Or- as June of this year, Dr. Horn has con- years as long as she remains married. ganization tinued to advocate for policies that Again, I know if these proposals are Women’s Housing and Economic Develop- made within the framework of pro- ment would provide financial incentives for Women’s Institute for Freedom of the Press marriage. moting responsible fatherhood or pro- Women’s Institute for Leadership Develop- Let me go back to 1997. I know this is moting intact families or being op- ment not the issue that carries the most posed to divorce, it may sound attrac- Women’s Law Project weight in the Senate Chamber. I am tive. But again, think about the ways Mr. WELLSTONE. A lot of the orga- not trying to be self-righteous. There is in which these proposals can be in nizations listed include women and a reason why so many organizations some circumstances actually dan- children organizations and, in par- and so many people around the country gerous to the well-being of many low- ticular, organizations that do the work in this area. The notion of women income women and children. Somebody down-in-the-trenches work dealing being battered at home and what the in the Senate has to advocate this posi- with domestic violence. That is what I children see, that is just not so much tion. want to talk about. It does not get dis- on our radar screen, although a woman My wife Sheila—more Sheila than I— cussed enough. is battered every 15 seconds of every has spent years now working on domes- In this disagreement, I want to ad- day in America. When you start mak- tic violence issues. There is no doubt in dress, in particular, Dr. Horn’s focus on ing an argument that for Head Start or my mind, none, that policies that tie ‘‘marriage promotion and responsible public housing the way that you are financial incentives to getting married fatherhood policies.’’ He is a prominent going to encourage marriage is to give or staying married will result in in- advocate of ‘‘marriage promotion and preferential treatment to those who creased incidents of domestic violence. responsible fatherhood.’’ Some of these are married, what you do is you put Think about it for a moment. If a low- ideas are going to be central to the re- poor women in a situation where they income woman is faced with a choice of authorization of welfare ‘‘reform’’ next dare not leave a home which is so dan- receiving $1,000 a year, especially a year. gerous for them and their children be- woman who with her children is living Again, I always put ‘‘reform’’ in cause then they may not have any in extreme poverty, or leaving a situa- quotes. Just as single moms were the Head Start benefits for their child or tion where she has been abused, what is focus in 1996, single dads could very they may not be in line to get the she likely to do? What kind of incen- well be in the spotlight next year. I do housing they need. Why in the world tive have you built into public policy? You have built in an incentive which not think that, in itself, is a bad thing. would anyone ever want to advocate says to this woman: You need to stay I doubt whether there is anyone among such policies? at home. You need to marry this man. us who would argue against the impor- I am sorry. A lot of this discussion You need to stay married to this man. tance of where fathers fit in with fami- today on my part will be low key for What if this man has battered her over lies, about the importance of investing me, but not this part of the discussion. I know that Senators don’t think about and over and over again? in the needs of low-income men, just as How can so many Senators who sup- this, but just think about the harsh- we should be concerned about the needs ported the Violence Against Women ness of these kinds of proposals. Dr. of low-income women. Act, where we finally have begun to ad- Horn, I hope, is going through some re- The question is, what kind of invest- dress this issue, now not express con- thinking on this question as well. I ments we should make, and how can we cern about these kinds of proposals? best serve the needs of low-income think he is, from the discussion we By the way, if we can afford to give adults, men and women, and also their had. But it concerns me for anyone as families with children an extra thou- children? recently as 4 years ago to advocate sand dollars a year, then by what logic Dr. Horn most recently was president that for low-income families, you give can we possibly suggest that other of the National Fatherhood Institute preferential treatment to those who families with children should be made which was created in 1994 ‘‘to counter are married so that single-parent poor simply because their parents are the growing problem of fatherlessness homes headed by women, almost al- unmarried? Think about it for a mo- by stimulating a broad-based social ways, are put at a disadvantage. Then ment. Why should a child, no fault of movement to restore responsible fa- we are going to make it hard for this his own or her own, just because that therhood as a national priority.’’ woman to get out of this situation. child is the daughter or son, little I believe in the importance of respon- Sometimes you don’t want women to daughter or son, of a single parent, a sible fatherhood. Having three grown stay in the homes. Sometimes you family where the parents are not to- children and six grandchildren, I cer- don’t want them to stay in the mar- gether, be penalized? This is nonsen- tainly believe in it. I am not here to riages because they are hellish situa- sical. These are rather perverse prior- speak against responsible fatherhood. tions. Somebody has to say that in the ities or incentives built into public pol- He also sat on the board of Marriage Senate. icy. Savers, which is a Maryland-based The only reason I am speaking today, When considering marriage as a solu- group promoting community marriage after having already testified to the tion for poverty, we need to face the re- covenants that are designed to make goodwill of Dr. Horn as a person, is be- ality that violence against women is a divorces more difficult to obtain. Dr. cause I am going to stay so close to his significant cause of women’s poverty. Horn has in the past urged States to work, and I am going to insist that not Domestic violence makes women poor, take advantage of opportunities cre- one proposal come from this adminis- and it keeps them poor. The majority ated by welfare reform to address what tration that puts some of these women of battered women attempt to flee many cultural conservatives consider and these children in jeopardy. This their abusers, but many of them end up to be the root of society’s social ills problem of violence in homes is a real on welfare or they end up homeless. today, the decline of the traditional problem in our country. Study after study demonstrates that a family. In a recent article, entitled ‘‘Wedding large proportion of the welfare case- In 1997, he wrote a report, along with Bell Blues, Marriage and Welfare Re- load, consistently between 15 and 25 Andrew Bush, director of the Hudson form,’’ Dr. Horn suggested that Con- percent, consists of current victims of Institute’s Welfare Policy Center. Dr. gress could mandate that States imple- serious domestic violence. Between Horn recommended that States basi- ment policies such as West Virginia’s one-half and two-thirds of the women cally—I have to use this word— ‘‘dis- current practice. That is, you provide a on welfare have suffered domestic vio- criminate’’ against single-parent fami- cash bonus to single mothers on wel- lence or abuse at some time in their lies by establishing ‘‘explicit pref- fare who marry their child’s biological adult lives. Over 50 percent of homeless erential treatment for marriage in the father, or perhaps, he has suggested, women and children cite domestic vio- distribution of discretionary benefits Congress could provide a $5,000 cash lence as the reason they are homeless. such as public housing and Head Start payment to a woman at risk of bearing Please understand, whether it be slots.’’ a child out of wedlock, if she bears her preferential treatment for Head Start July 25, 2001 CONGRESSIONAL RECORD — SENATE S8185 or affordable housing, or whether it be guess what happens. The employers let and as much as I do. But these advo- bonuses that reward women for staying the women go. They say we can’t take cates look at the data indicating a cor- in a marriage, let’s not put low-income this any longer, and then she loses her relation between child poverty and sin- women in a position where they are in job. gle parenthood, and rather than con- a very dangerous home, they are being Of the 96 percent of women who re- sider the fact that all too often it is battered, and quite often their children port they experienced problems due to the poverty that leads to the single are battered as well. domestic violence, 70 percent have been parenthood, not single parenthood that Their children witness the violence harassed at work, 50 percent have lost leads to the poverty, they argue that not in the movie, not on television, but 3 days of work a month as a result of marriage is the way to eliminate the in their own living rooms. The children abuse, and 25 percent have lost at least poverty. That is what I am worried can’t do as well in school. Don’t create 1 job due to domestic violence. about with Dr. Horn because he is a set of financial incentives that are Do you want to put these women in a going to be in a key position. going to make it harder for these situation where they have to stay in Here is the way one low-income women and these children to be able to these marriages? Marriage is not al- mother put it to me, and thank God for leave these circumstances. That is ways the answer, colleagues. I have her wisdom: what I am saying today. These are my been married 37 years—maybe closer to They can marry off everybody in my neigh- concerns. That is why you have close 38 years. It has been the best thing that borhood, but then all we’ll have is two poor to 90 organizations—by the way, hardly ever happened to me. God, I will sound people married to each other. any of them would have any clout— corny. I am most religious in my This is what is really at the heart of that have real concerns about this. For thinking about having met Sheila the matter. You don’t end poverty by these women and children, the cost of when we were 16. It is the best thing simply promoting marriage. In fact, freedom and safety has been poverty. that ever could have happened to me. I you probably promote more successful Marriage is not the solution to their am not just saying some trumped up marriages if that is your goal. And do economic insecurity. thing on the floor of the Senate. But you know what. I think that is our By the way, do you know that one of marriage is not always the answer or goal. Let me state as a given that the problems is, even if these women the alternative to poverty for many of every Senator, or almost every Senator leave and they go to shelters—as my these women and children. wants to promote more successful mar- colleague from Nevada said earlier Dr. Horn has not shown the under- riages. One of the ways is by ending today, in many of our States we have standing and sensitivity to these ques- poverty. more animal shelters than we have tions he needs to show. He is a good My colleague from Indiana will speak shelters for women and children who person. He will be nominated. I already for Dr. Horn. I made it clear that I met him. He cares as much as I do. It is an experience violence. How about that? said that. But I at least want to speak honest disagreement. I made the argu- Then, if they are in a shelter, there is about my concerns. no affordable housing to go to. As op- The Congress has recently recognized ment, I say to Senator BAYH from Indi- posed to making proposals, which Dr. that domestic violence is a serious na- ana—and we will voice vote this with Horn has made, that talk about all tional problem. We have the Violence overwhelming support. I needed to these bonuses and ways of promoting Against Women Act and other legisla- come to the floor because some of Dr. Horn’s advocacy of preferential treat- marriage, why don’t we, instead, put tion, and it seems to me that we ought ment for Head Start and affordable the emphasis on responsible fathers? to at least be very sensitive to these housing for two-parent, married house- Don Frazier, who was mayor and a concerns. great representative of the House of Dr. Horn and others in the respon- holds, and arguments that you want to Representatives, did a lot of that in sible fatherhood movement argue that have bonuses for people to get married Minnesota. We should do more. But if many of our most pressing social prob- and stay married—I made the argu- ment that the implications of this, we have this kind of money, why don’t lems—school violence, teen pregnancy, when it comes to violence in homes, is we put it into affordable housing? and substance abuse, to name a few— grim and harsh. You don’t want some Marriage is not the solution to their can be directly related to the absence of these women to be in a position of economic insecurity. For some of these of fathers in the lives of their children. women—can I say this one time in this David Blankenhorn of the Institute feeling as if they can’t leave a home where they are being battered and Chamber? For some of these women, for American Values has gone so far as their children are being battered. That marriage could even mean death. I am to suggest that fatherlessness is ‘‘the sorry. I am going to say it again. That is what some of these proposals do. engine that drives our most pressing As to some of his ideas, he said, ‘‘I no is true. I feel strongly about this. I social problems.’’ And topping the list longer necessarily believe all of this.’’ know what the reality is, from what I of concerns, of course, is child poverty. But I have said some of these argu- have seen with my own eyes from the For many of these advocates, the solu- ments about promoting marriage are work Sheila and I have done with tion to ending child poverty is clear: fine; I am for it. But for some women women who have been faced with vio- marriage. They argue that what we this is not the answer. lence in their homes. For some of these really need to do is to teach low-in- You don’t want to have financial in- women, not only is marriage not the come men to properly value marriage centives, or disincentives, if you will, answer to their economic insecurity, and family, based on the presumption that put women in a position where the for some of them marriage could even that low-income men don’t. choice is, Do I stay in this home where mean death. It will undoubtedly mean Can I also say this at the risk of an- I am being battered, my child can be economic dependence on the abuser. noying some colleagues? You know battered, or my child witnesses this vi- Many battered women are economi- what. I am over and over again struck olence, or if I leave then no longer will cally dependent on their abusers. Be- by the fact that too many Senators I get a Head Start benefit, or I will lose tween one-third and almost 50 percent seem to know so much about the val- my bonus I have received for being in of abused women, surveyed in five stud- ues of poor people, but they have never this marriage or I will not be able to ies, said their partner prevented them spent any time with any of them. It is get affordable housing. from working entirely. In fact, we in- like I don’t know where our under- That is one of the things that con- troduced legislation today—Senator standing of the values of people and cerns me the most, I say to two good MURRAY, Senator DODD, Senator SCHU- how they live their lives comes from. It colleagues. One of the reasons we have MER were a part of this—in which we is certainly not based upon a lot of ex- so many of these organizations in the said—and we had people from the busi- perience. I believe it is incorrect to trenches working in domestic violence ness community and the labor commu- presume that low-income men some- expressing this concern is because of nity testify—part of the problem is a how value marriage and fatherhood this argument. Someone needs to say it lot of women, when they try to leave less than other men. In fact, there is because Dr. Horn will be in this posi- and work, the abuser, the stalker, considerable evidence that low-income tion, and then we will work with him. comes to work, threatens them, comes men value marriage and fatherhood I am all for promoting responsible fa- into the office and makes a scene, and just as much as you do, Mr. President, therhood and marriage, but I do not S8186 CONGRESSIONAL RECORD — SENATE July 25, 2001 want to do it in such a way that we end who no longer have medical assistance day. What do my colleagues think that up—I said this before my colleagues because of the welfare bill. In too many does to children? came—for some of these women, mar- cases, people have dropped out. With domestic violence and divorce riage is death. That is right. For some Berkeley and Harvard did a study of at the current rates, marriage will of these women, staying in a marriage the childcare situation and found that never be the sole answer. The solution means they will lose their lives. I do many of these kids were in dangerous is not, as Dr. Horn and others suggest, not want public policy or social policy situations or in front of a TV, and it to interfere with the privacy rights of that makes it more difficult for them would not surprise anyone if they came poor women but, rather, let’s focus on to leave these homes which are not safe to kindergarten way behind. economic self-sufficiency. homes, where they should leave these I am for promoting families, respon- Congress should not use women’s eco- homes. That is part of what this debate sible fatherhood, and I want these chil- nomic vulnerability as an opportunity is about. dren to have as much a chance as other to control their decisions regarding In just the few minutes I have left, children, and I want to know from their marriage or, for that matter, the other part of the argument I want where the commitment comes. childbearing. Fighting poverty and pro- to make is if, in fact, you want to pro- Marriage is not, in and of itself, the moting family well-being will depend mote successful marriages, especially way to address the root causes of pov- on positive Government support, for if you are talking about the low- and erty, and it is no reliable long-term so- policies that support low-income par- moderate-income community, one of lution to poverty, particularly poverty ents in their struggle to obtain good the ways to do it is to focus on some of among women and children, and, in jobs so that they can have a decent these economic issues. There is a whole general, two incomes are better than standard of living, so they can give world of problems out there, such as one. It is far better to have two parents their children the care they know their unemployment, not having a living- in the household, but that fact is not children need and deserve. That is what wage job, drug and alcohol addiction, sufficient to support an argument that it ought to be about. depression and mental illness, poor marriage will lead to an end of family I disagree with Dr. Horn on this pol- education, jail time, hunger and home- poverty. icy, but colleagues and the public lessness, and, in all due respect, quite There are many reasons that women, should be further aware that certain often these are the reasons that mar- more often than men, experience an recent statements and writings by the riages do break up. economic downfall outside of marriage: nominee signal that basic views which Unless we talk about marriages and Discrimination in the labor market; underlie his policy positions I think responsible fatherhood in the context lack of quality, affordable accessible are a little bit over the top. of also dealing with these very tough childcare; domestic violence; and I also I have already talked about how I problems that rip families apart, I do say to my colleagues—Senator REID like him, I say to both colleagues be- not think we go very far, and I will in- said it earlier—in many States there cause I know they know him. I will sist all of them be considered. are more animal shelters than shelters give a couple examples. Frankly, it is not necessarily his for women who come out of these very Dr. Horn has recently written, for ex- fault, but I do not hear much from this dangerous homes. ample, that females raised by single administration in terms of being will- Moreover, the tragedy of it is, after mothers ‘‘have a tendency toward early ing to invest some of the resources in they get out of shelters, there is no af- and promiscuous sexual activity.’’ any number of these different areas. fordable housing. As a matter of fact, That material was given to me by ad- We had a proposal in Minnesota. I this is going to become a front-burner vocate organizations. That is in direct said ‘‘had.’’ It was the Minnesota Fam- issue for us because we are not doing quotes. From where in the world does ily Investment Program. It was a pilot anything by way of getting resources that come? Where is the evidence for program. Too bad, because from my back to State and local communities, that? point of view, this is welfare reform. and it is a huge crisis. It is not sur- He recently wrote that males raised Two former Governors did a great job prising that the other day there was a by single mothers have ‘‘an obsessive saying we are going to put a lot of report that came out in the Wash- need to prove their masculinity.’’ He money into childcare, into job training ington Post pointing out the issue real- reportedly has linked single mothering skills development, into making sure ly is not poverty, the issue is we have or father absence to acts of violence these families do not lose their medical to double the official definition of pov- carried out by males, such as the care, and we are going to put a lot of erty, which is around $17,000. If you shootings at Columbine High, al- money into significant income to dis- want to be realistic of what it takes for though, by the way, in that case, the regard when they made more money, a family to make it, there are many families were intact. These were not they then lost, dollar for dollar, what families with incomes under $40,000 single-parent families. This is not an they were making. who are having a heck of a time mak- attack on character. Studies compared former AFDC re- ing it, and one of the reasons is the I want Dr. Horn to know he is going cipients to those on MFIP and found cost of housing. to be nominated on a voice vote. He MFIP individuals were 40 percent more If you do not address these factors will be supported. That is fine. But I likely to stay married and 50 percent that keep women from being economi- want to be on record saying I don’t less likely to be divorced after 5 years. cally self-sufficient, then your mar- think he is the right choice. I certainly There you have it. That is part of what riage and family formation advocates want to question some of the state- we need to do. are merely proposing to shift the wom- ments he has made and, more impor- Mr. President, do you know what. an’s dependence from the welfare sys- tantly, some of the positions he has That is not what we are doing in a lot tem to marriage. You see what I am taken. He will be the one in the middle of this so-called welfare reform. As a saying? There is a missing piece here, I of the welfare reform. He will be the matter of fact, finally I got the Food say to Dr. Horn and others. one dealing with a lot of the policy and Nutrition Service study the other Some women should not be depend- that affects low- and moderate-income day. I said to them: Tell me what is ent on their marriage. They should get families. going on with food stamps. Why have out of their marriage. They should not Ninety organizations have urged the we had a 30-percent-plus decline in food be there. They should get out of these Senate Committee on Finance to op- stamp participation post 1996? They homes with their children because if pose his nomination. A majority of said: In some cases, people are working they stay, they are going to be mur- them are organizations that deal with and maker better income. In most dered and their children—talk about domestic violence. That is where the cases, they are not, but they do not posttraumatic stress syndrome. What real fear is. I have heard from too know they are eligible any longer. do my colleagues think it would be like many people whose opinions I respect There were cuts in food stamp bene- to be a little child? I have been with and whose judgments I value, starting fits, massive cuts in benefits to legal them. I met with some of these fami- with my wife Sheila, to allow the nom- immigrants. Frankly, Families USA lies and have seen a mother who has ination to pass silently. Dr. Horn will points out there are some 660,000 people been beaten up over and over, day after be confirmed, but I felt compelled to July 25, 2001 CONGRESSIONAL RECORD — SENATE S8187 raise these issues and concerns about are not given incentives to stay out of and otherwise, with great detriment to some of the policies I think he is likely relationships that are abusive, or as- the children and the mothers of those to promote as Assistant Secretary for sisting or providing incentives for men children and, because of that, the soci- Family Support. I hope he proves me with a proven record of abuse from en- ety and taxpayers, as well. wrong; he may very well. tering family relationships where they Wade Horn worked with us not only I hope he will use the occasion of this do not belong. in that conference but in fashioning appointment to reconsider some of his I am not familiar with all of the legislation in the Halls of Congress to views—not all; he is entitled to many statements he has made, but I can say do something about this epidemic of of his views. The issues are too impor- from my own experience with Dr. Horn fatherlessness that harms our society tant and too many lives are affected to that it is my understanding he has in so many important ways. He under- not speak out. I hope Dr. Horn and oth- distanced himself from several of these stands that a child growing up without ers at Health and Human Services, as controversial statements. I can say the involvement of a father, emotion- well as colleagues in the Senate, will from my personal experience with him ally or financially, is five times more carefully consider the implications of in working on the Responsible Father- likely to live in poverty, twice as like- policies that we all propose that affect hood Act that he has shown a great ly to be involved with drugs or alcohol low-income families. willingness to ensure that abusive men abuse, twice as likely to commit a I said earlier, and I meant it as a are not reinserted into family situa- crime of violence, twice as likely for a criticism of Senators on both sides of tions and, in fact, women are pro- young girl to be involved with teen the aisle, although we cannot gener- tected, as they should be. We should in- pregnancy, and much more likely to alize, I am always amazed we infer the sist upon this, even as we try to pro- get involved in a variety of situations values of people. We seem to know so mote men living up to their responsi- that will harm a youngster throughout much about the values of people and bility and doing right by not only their the course of his or her lifetime. how they live their lives, especially children but the mothers of their chil- Wade Horn is committed to doing low-income people—that fathers do not dren. something about this phenomenon, and respect fatherhood or the pathology of We had a recent conference at the thereby strengthening families and their lives—when hardly any Members Thurgood Marshall Center in Wash- helping children. He understands this spend any time with them. Dr. Horn is ington, DC, a lower income area, and effort is not only good for America’s an example of someone who has in- we were heartened to see representa- children; it is good for taxpayers, as ferred people’s values, which can be tives from many organizations rep- well. downright dangerous, especially when resenting low-income America. I am Many of the issues we debate in this we are talking about violence in homes glad the Responsible Fatherhood Act Chamber, many of the initiatives we today. has been advocated by the Black Cau- pursue to try to help America really What we really need to do is to sup- cus. deal with the manifestations of what port these women and children. There- From my experience, Dr. Horn has are actually deeper underlying prob- fore, I hope the Senators, as we go for- shown great empathy toward the cause lems. If we are going to get at the root ward with the welfare reauthorization of helping children with a less fortu- causes of the problems that afflict too bill and we make policy that affects di- nate background. I know it is entirely many of America’s children, we have to rectly the lives of poor people in this appropriate that the Senator comes to deal with them where they begin, the country, will make it our business to the floor and expresses his concerns. I breakdown of the American family, be very careful. They are not on the thank him, before he gets on with his and, in particular, too many men Senate floor, they have very little busy schedule, for his championing of bringing children into the world and clout, and in too many ways they are the cause of the less fortunate, to ex- walking away, leaving women and tax- right out of Michael Harrington’s ‘‘The press strong support for his dedication, payers to try to pick up the pieces by Other America.’’ They are invisible and particularly ensuring that women are themselves. That is not right. We spend without a very strong voice. There are not placed in abusive situations but, in hundreds of billions of dollars each and helpful organizations, thank God, such fact, are protected from abusive men every year to try to overcome the con- as the Children’s Defense Fund, but not who would do them or their children sequences of irresponsible fathers not enough. harm. I express those sentiments be- living up to their obligations. I wish Dr. Horn the very best. We will fore the Senator has to leave. Wade Horn understands that if we are work together. But I want Dr. Horn to Mr. WELLSTONE. I thank the Sen- going to do right by those kids and do know I have a lot of concerns which I ator from Indiana for his graciousness. right by our citizens who are picking have discussed today. I am not speak- I think the statement he just made, es- up the tab, we need to do something ing for myself, but for a lot of people in pecially dealing with violence in about this problem. So he has com- the country, especially those down in homes, is extremely important. I thank mitted much of his life to doing ex- the trenches doing the work, dealing the Senator. actly that. with the violence in families, trying to Mr. BAYH. Mr. President, I rise to He also understands that this effort protect women and children, to make express my strong support for the nom- will be good for women. Women are sure they can rebuild their lives. ination of Wade Horn to be Assistant doing heroic work, particularly single I yield the floor. Secretary of HHS for Family Support. mothers, to try to pick up the pieces The PRESIDING OFFICER. The Sen- I am confident that he will do an out- when men bring kids in the world and ator from Indiana. standing job in discharging his duties walk away. Mr. BAYH. Before my colleague from for all Americans. It is not right that those women Minnesota leaves the floor, I express I have known Dr. Horn personally should labor without the emotional my appreciation to him and com- since 1996 when I had the privilege as support and the financial support to pliment him for the passion he brings Governor of our State of holding one of which they are entitled. Our respon- to the cause of helping those less fortu- the first conferences in the country on sible fatherhood initiative is designed nate in our society. There is no Mem- the importance of promoting more re- to help children, help taxpayers, and ber of this body who feels more strong- sponsible fatherhood on the part of help women as well. ly about empowering those who need many men. As I mentioned before our colleague, opportunity in our country than Sen- The vast majority of men in our soci- Senator WELLSTONE, had to leave the ator WELLSTONE. For that, I com- ety, when they bring children into the floor, we reached out to many women’s pliment the Senator and thank him for world, do the right thing by supporting organizations to make sure this effort being such a valuable Member of this children economically, emotionally is done in a way that is sensitive to the body. and economically, and supporting the concerns of women who have experi- I also say, before the Senator leaves mothers. Regrettably, in recent years, enced the horror of being battered or the floor, I find myself in strong agree- in the last decade or so, we began the abused by a spouse or male companion. ment with his sentiments about the alarming trend of many men walking We want to make sure that is not the rights of women, particularly that they away from responsibilities, financial case; that, in fact, we protect women S8188 CONGRESSIONAL RECORD — SENATE July 25, 2001 and children from the consequences of league from Delaware. I thank Senator confident those who question his nomi- that type of behavior. CARPER for his efforts on behalf of the nation will come, in the end, to be glad Wade Horn has been involved in that Responsible Fatherhood Act. Perhaps that he was nominated and that we effort to make sure we pursue it is not a coincidence that Senator voted to confirm him. strengthening families to help women CARPER and I are both former Gov- I know others have gone back and and children with legitimate and im- ernors and have personally been in a looked at the words that have been at- portant concerns and take into account position of actually implementing wel- tributed to Dr. Horn in the past. They the scourge of domestic violence that fare reform, not simply enacting it into could do that for me or the Presiding is unfortunately all too frequent in so- law. Officer or for any of us and have it ap- ciety today. For that reason, I salute my dear pear we say things that, taken out of Mr. Horn, when he is confirmed, will friend and colleague, Senator CARPER, context, we may not have really said or be in a position to be intimately in- and thank him for his presence as well intended to say. I have never heard volved in the next generation of wel- today. Wade Horn speak about compelling fare reform that we will undertake this I yield the floor. women to remain in an abusive rela- year and next. Because of his lengthy The PRESIDING OFFICER. The Sen- tionship or threatening relationships. I experience laboring in these vineyards, ator from Delaware. have heard him say that too many men I think he is ideally suited to this task. Mr. CARPER. Mr. President, let me fall short in meeting their obligations Let me offer a very brief recitation of say while Senator BAYH is still here, to the children they father and to the some of Dr. Horn’s experience. From we have not only been Senators to- women who bear those children. 1989 to 1993, Dr. Horn was Commis- gether, as he said, we have been Gov- I have never heard Wade Horn dispar- sioner for Children, Youth and Fami- ernors together. We were also fathers age single moms for the work that they lies, and Chief of the Children’s Bureau of young boys, his a few years younger do in raising children. I have heard him within the U.S. Department of Health than mine. speak of the need for young girls to and Human Services. Dr. Horn also He believes, as I believe, and cer- see, in their own lives, a father who served as a Presidential appointee to tainly as Wade Horn believes, while treats a mother in a way that that the National Commission on Children emphasizing the importance of fathers young girl herself would want to be from 1990 to 1993, a member of the Na- and fatherhood, we have no intention, treated by her husband someday. I tional Commission on Childhood Dis- no need, no interest in diminishing the have heard him say there are young ability from 1994 to 1995, and a member importance of the role of mothers. boys in this country who need to see of the U.S. Advisory Board on Welfare Every child deserves not just one lov- how a man treats his wife so that Indicators from 1996 to 1997. ing, nurturing, caring parent but two. young boy will know how he should Prior to these appointments, Dr. To the extent that we as a society can treat his wife someday, when he has Horn was the director of outpatient encourage men to live up to the respon- grown. psychological services at the Children’s sibilities of the children they father I have never heard Wade Horn say Hospital, National Medical Center here and bring into this world, those chil- that children raised by single moms in Washington, DC, and an associate dren will be better for it and so will our routinely turn out badly. I have heard professor of psychiatry and behavioral country. him say that all children deserve to be sciences at George Washington Univer- I say a special thanks to Senator raised by two loving, caring, nurturing sity. BAYH, for his leadership on this issue. I Currently, Dr. Horn is also an ad- parents, and that includes their fa- junct faculty at Georgetown Univer- am delighted to be able to support thers. sity’s Public Policy Institute, and an these efforts. I have heard it said that as to 16- Senator BAYH has known Wade Horn affiliate scholar with the Hudson Insti- year-old girls who become pregnant, for a half dozen or so years. So have I. tute. drop out of school, never marry the fa- Simply put, if I could just summa- I have known him through our work ther of the children that they bear, 80 rize, I have known Dr. Horn now for with the National Governors’ Associa- percent of them—80 percent of those several years. I know of no more de- tion where he came from time to time, women and their families will live in cent, more compassionate individual. I at our invitation, to speak on father- poverty at some point in time. As to know of no one who cares about the hood. I have known him through his the 16-year-old girl who does not be- cause of helping children more than role in cohosting the National Summit come pregnant, does not drop out of Wade Horn, or the cause of strength- on Fatherhood, where I have had the school, graduates from school, waits ening America’s families and that is opportunity to participate. I have in- until the age of 20 to have a child and what this really comes down to. vited him to my home State of Dela- marries the father of that child, there Whether it is within the bonds of mar- ware to speak at our Governor’s prayer is an 8-percent likelihood that family riage or outside, this all comes down to breakfast, to focus on fatherhood and will live in poverty—80 percent on the the cause of helping children, and in so the importance of fathers in our lives. one hand, 8 percent on the other hand. doing not only helping those little ones I also know him, having hosted him I cannot stand here today and vouch but helping society as a whole. in our Governors house, having spent for those numbers. But if they are even In conclusion, let me just say among time with him and his wife there. I met close, I think they serve to underscore his many other attributes, Wade Horn his children, his daughters. I have some for us the need for fathers, for men who is an author. He authored a book after idea, not just what the author is like, father children, to take seriously their his own experience with cancer and not just what the speaker is like, not obligation to the children they father wrote very eloquently in that book just what the policymaker is like, but and to the women who bear them. about the emotions that he experienced I feel as if I know him a little bit as a I believe Wade Horn will serve in this when he was sick, fighting cancer, see- human being. I have seen him in the capacity doing a number of good things ing his own little girls come to his bed- role of devoted husband and loving fa- for the families of our country, men side. ther as well. and women, boys and girls. But I think I know, based upon that personal ex- Senator WELLSTONE said, before he he is going to be a good voice, a recur- perience and his many years of efforts finished his remarks—and I appreciated ring voice, one we need to hear, that in the vineyards of good public policy, the concerns he expressed—and I think says: Fathers are not dispensable. They there is no one who will bring a deeper, this is a quote, ‘‘Dr. Horn will be in are as important today as they were 100 more heartfelt conviction to the cause this position and we will have the op- years ago or 200 years ago. We need to of helping children, helping women, portunity to work with him.’’ I hope he remember that, those of us who are fa- strengthening families, and strength- is right. I believe Senator WELLSTONE thers and those of us who someday will ening America than Dr. Horn. I re- is right in that. be. spectfully urge my colleagues to vote Based on my experience from the last I am pleased to rise today in support in support of his confirmation. 6 years of knowing Wade Horn and his of this nomination, and I hope it will Before, I yield the floor, I would also family, I believe we will appreciate the receive ringing endorsement from this like to say how much I respect my col- opportunity to work with him. I feel body. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8189 I yield the floor. with him on a range of issues impor- during his previous position in the first Mr. KOHL. Madam President, I rise tant to families—including increasing Bush administration, I am confident today to add my voice in support of the funding for Child Care, Head Start, and that he will be a committed leader on nomination of Wade Horn to serve as continuing to provide support for fami- children’s issues in this administra- Assistant Secretary for Family Sup- lies making the transition from wel- tion. I look forward to working with port at the Department of Health and fare to work. These will not be easy him, including on the reauthorization Human Services. tasks, but I am hopeful that Wade Horn of the Safe and Stable Families Pro- I have had the pleasure of working will take a thoughtful, balanced ap- gram this year. with Wade Horn over the past few proach to addressing these matters. I Mr. REID. I suggest the absence of a years on an issue that is vitally impor- urge my colleagues to support his nom- quorum. tant to both of us—making sure that ination. The PRESIDING OFFICER. The children receive the child support Mr. ROCKEFELLER. Madam Presi- clerk will call the roll. money they are owed. This has been a dent, I am proud to support the nomi- The bill clerk proceeded to call the very positive and productive working nation of Dr. Wade Horn to be the As- roll. experience. Dr. Horn and I share the sistant Secretary for Family Support Mr. BROWNBACK. Mr. President, I goal of changing the current child sup- at the Department of Health and ask unanimous consent that the order port distribution system, which harms Human Services. As chairman of the for the quorum call be rescinded. children by allowing States and the National Commission on Children, I The PRESIDING OFFICER. Without Federal Government to keep their had a unique opportunity to work objection, it is so ordered. child support money instead of distrib- closely with Wade Horn. From that ex- Mr. BROWNBACK. Mr. President, uting it to the kids who need it. perience, I know how deeply Wade what is the pending business? Through his experience, Wade Horn cares about children and families. I The PRESIDING OFFICER. The recognizes that fathers pay more child know that Wade is willing to listen to pending business is the nomination of support when they know their children diverse views and find common ground, Wade Horn. will actually receive their money and which will be key to his success in this Mr. BROWNBACK. Mr. President, I benefit from it. He understands that important position. ask unanimous consent to speak on the the route to responsible fatherhood On the Children’s Commission, com- pending business for up to 10 minutes. means we have to remove government- mitted advocates representing both the The PRESIDING OFFICER. Without created barriers that actually discour- liberal and conservative policy views objection, it is so ordered. age fathers from paying child support, came together to learn about child de- Mr. BROWNBACK. Mr. President, I and create more incentives for fathers velopment and we struggled to find bi- want to speak on behalf of the nominee to become actively involved in their partisan policy initiatives to help chil- to be Assistant Secretary for Children dren and their families. Our process children’s lives. and Families at the Department of I have greatly appreciated Wade was intense, but it led to a bold, bipar- Health and Human Services, Dr. Wade Horn’s commitment to changing the tisan report full of recommendations to Horn. child support distribution system. His change policy to support children. I got to know Dr. Horn while working suggestions, input and advocacy have Throughout that process, I witnessed with him on several fatherhood initia- helped move this issue forward during how Wade Horn was willing to take tives. He has been an outstanding lead- the past several years, and I look for- risks for the right reasons. er in the fatherhood movement. And I I am proud to say that the Children’s ward to working with him to pass this am confident that he will serve with Commission report has been a guide- vital legislation once he is confirmed. distinction in the position to which he book for my legislative initiatives on Together, I am hopeful that he and has been nominated. children’s policy. While there is much Dr. Horn is a dedicated public serv- Secretary Thompson, who is also a tre- more to do on children’s issues, we are ant, a distinguished child psychologist, mendous advocate of child support dis- making real progress. The Children a skilled administrator, and an excel- tribution reform in his own right, will Commission that Dr. Horn and I sup- lent choice to lead the Administration make this a top priority in the Bush ported in 1991 called for a refundable for Children and Families—a key and Administration so that children get child tax credit and an improved critical position for the administra- the support they are owed and need. Earned Income Tax Credit. Our report As President of the National Father- tion. recommended changing the welfare hood Initiative, Dr. Horn understands Dr. Horn is a highly respected child system, then known as Aid to Families psychiatrist, with a proven record of that fathers, mothers and children with Dependent Children. It stressed both competence and integrity. He has often need support and help to main- the importance of child support en- consistently demonstrated his deep tain a strong and stable family life. His forcement. It called for education re- commitment to increasing the well- organization’s goal has been to encour- form with a greater emphasis on local age fathers to become positive role schools. And it even had a controver- being, strength, and stability of fami- models for their children and become sial chapter called ‘‘Creating a Moral lies and children in general, and at-risk fully involved in their lives. He has Climate for Children,’’ which chal- children in particular. worked to encourage greater support lenged public officials, the media, the It bears mention that Dr. Horn was services and assistance for low-income entertainment industry, and individ- previously confirmed by the Senate 11 fathers so they can actively and re- uals to serve as role models for chil- years ago for the position of commis- sponsibly participate in their chil- dren. sioner of the Administration for Chil- dren’s upbringing. Not only do their Many of our recommendations from dren, Youth and Families. As the Com- children benefit from their support and the Children’s Commission have be- missioner for the Children, Youth and involvement, but all of society reaps come public policy, and I continue to Families Administration, Dr. Horn ad- the benefits of having stronger fami- build on this foundation. ministered numerous programs serving lies. While Dr. Horn and I do not agree on children and families, including Head I realize that some have raised con- every issue, we do strongly agree about Start, foster care and adoption assist- cerns about views Dr. Horn has ex- the importance of supporting children ance, the National Center on Child pressed in the past regarding govern- and families. We agree on the impor- Abuse and Neglect, runaway and home- ment support for single-parent fami- tance of bipartisanship on children’s less youth shelters, and various anti- lies. It is my understanding that he has issues, especially in the area of child drug programs. reconsidered many of those views and welfare and adoption. We agree about Since leaving the Department of has committed to serving all families the importance of direct and honest Health and Human Services, Dr. Horn who need support and assistance. I be- communication and cooperation be- has served as the President of the Na- lieve this is critical; our nation must tween Congress and the Department of tional Fatherhood Initiative—where I address a variety of issues to help Health and Human Services. really got to know him—a nonpartisan working families of all shapes and Because I have worked with Dr. Wade initiative which has drawn the support sizes, and I look forward to working Horn on the Children’s Commission and and involvement of several Senators S8190 CONGRESSIONAL RECORD — SENATE July 25, 2001 from both sides of the aisle, including dren and families are suffering in this The SBA has packaged up a series of myself, Senator LIEBERMAN, Senator country. Dr. Horn has worked himself, loans that it has made, including dis- CARPER, and Senator BAYH. As the personally and directly, to put families aster loans, and sold them with deep President of the Fatherhood Initiative, back together. That is something we discounts to financial companies Dr. Horn has been at the forefront of should be applauding, not questioning around the country. The representa- the effort to encourages fathers to be- or condemning. tion to the American people was that come more involved in the lives of I strongly support the nomination of this would not impact their loans at their children and families. The Fa- Dr. Wade Horn to this position within all, and it is just a matter of selling therhood Initiative has conducted both the Department of Health and Human them so that the SBA does not have to national forums and targeted outreach Services. do loan servicing. programs to at-risk families to encour- Mr. President, I yield the floor. I sug- That sounded benign enough, I guess, age increased responsibility, affection, gest the absence of a quorum. to almost everybody in the country. It support, and involvement of fathers The PRESIDING OFFICER. The sounded benign enough to Congress. something we desperately need in their clerk will call the roll. And so the SBA sold loans, including country. He has also authored regular The bill clerk proceeded to call the disaster loans. columns dispensing advice to parents roll. Let me describe the impact of what on how to raise healthier, happier, and Mr. REID. Madam President, I ask has happened as a result of the sale of more secure children, which have unanimous consent the order for the those loans. helped and encouraged literally thou- quorum call be rescinded. Most Americans will remember the The PRESIDING OFFICER (Ms. sands of families across the country. great flood in the Red River Valley in One of the criticisms leveled against STABENOW). Without objection, it is so 1997, when the city of Grand Forks, ND, Dr. Horn is that he has sat on the ordered. with nearly 50,000 residents, had to board of Marriage Savers, and has been Mr. REID. Madam President, on be- evacuate the entire city. The city was involved in marriage promotion pro- half of Senator WELLSTONE, I yield inundated with floodwaters from the grams. Why this is a criticism, I am back his time on the Horn nomination. Red River. In the middle of the flood, Madam President, is there further not sure. Dr. Horn would never, has after the entire city had been evacu- time on the other side? ated, a fire started in the downtown never advocated that anyone stay in an The PRESIDING OFFICER. There abusive marriage. No one believes this, area of the city. So we had the spec- are 21⁄2 minutes remaining. despite inferences to the contrary on tacle of nearly 3 years worth of snow the floor of this Senate. What he has f falling in 3 months and when the snow done is worked with groups that work NOMINATION OF HECTOR V. melted, it caused a dramatic flood with couples who want to strengthen BARRETO, JR., OF CALIFORNIA, along the Red River, inundating the their marriage and their family. And I TO BE ADMINISTRATOR OF THE city of Grand Forks. Then a fire start- would think that working towards SMALL BUSINESS ADMINISTRA- ed in the middle of the city, and strengthening marriage in our coun- TION firetrucks tried to get into the evacu- try—which has, let me note, a divorce Mr. REID. Madam President, I ask ated city on flatbeds and various de- rate near 50 percent—would be re- unanimous consent, under the direc- vices to fight a fire in the center of garded as a positive qualification, not tion and authority of the majority downtown Grand Forks. grounds for criticism. leader, that we now move, pursuant to It was a devastating time for the peo- We have Marriage Savers programs an order entered on July 24, to the ple of Grand Forks. When the waters in Kansas. In two counties in the State Barreto nomination, for the Small receded, most homeowners and busi- of Kansas, Marriage Savers programs Business Administration. ness men and women of Grand Forks, have helped to reduce divorce rates by The PRESIDING OFFICER. Is there came back to their homes and busi- over thirty percent in that area. This objection? nesses to find severe damage. They is a great achievement, not a question- The Chair hears none, and it is so or- found massive damage in buildings all able activity. That Dr. Horn’s involve- dered. across this city. ment with Marriage Savers—a group The clerk will report the nomination. The city, of course, was helped by dedicated to working with individuals The legislative clerk read the nomi- FEMA, the SBA and other agencies of who have requested assistance in nation of Hector V. Barreto, Jr., of the Federal Government. President strengthening their marriage—would California, to be Administrator of the Clinton came to Grand Forks and said: somehow be cited as a red flag in Dr. Small Business Administration. You’re not alone. The American people Horn’s record is utterly baffling. The PRESIDING OFFICER. The Sen- are with you. The American people Dr. Horn has never advocated that ator from North Dakota. want to help you. And, indeed, the women stay in abusive situations. He is Mr. DORGAN. Madam President, let American people did. saying that in marriages where chil- me request 5 minutes of the time allot- This Congress was generous to the dren are involved, it is a good thing for ted to our side for my presentation. communities along the Red River Val- a married couple to try to work The PRESIDING OFFICER. Without ley and to Grand Forks especially. through their problems. objection, it is so ordered. Grand Forks and East Grand Forks With the background, temperment, Mr. DORGAN. Madam President, I were hit very hard, and they required a and record that Dr. Horn has, it is dif- rise to briefly discuss the nomination substantial amount of help. ficult to understand why this nomina- of Hector Barreto to head the Small So many of these businesses and fam- tion should have generated any debate Business Administration. I note that ilies, in order to get back on their feet, at all. I don’t think that anyone can Senator KERRY, the chairman of the took a low-interest SBA loan, often a credibly raise a question about Dr. Committee on Small Business and En- 4-percent loan with a rather lengthy Horn’s qualifications for the job. I look trepreneurship, supports this nomina- term. We provide disaster loans in law forward to the confirmation of Dr. tion. I plan to support the nomination so that the SBA can help these families Horn to the position of Assistant Sec- as well. I think he is a good appoint- and businesses get back on their feet retary for Children and Families at the ment. He will serve our country well. I after a natural disaster. Department of Health and Human look forward to working with him in Then, after these businesses and Services, and I wish him the best in his new role as Administrator of the homeowners were able to get the loans this capacity. Small Business Administration. to help them get back on their feet, the Finally, I note that this is an ex- As he begins his tenure at the SBA, I SBA sold the loans, including disaster traordinarily qualified nominee to this did not want this moment to go by loans, to private companies. These are position. He is a person who has without pointing out to him, and to the private financial companies that come worked in this field virtually his entire SBA, that we face, in my judgment, a in and buy a batch of loans and often life, who has worked successfully in rather severe challenge about an issue pay about 70 cents on the dollar and this field and in an area of endeavor in that concerns me greatly. Let me de- then assume the responsibility for which we need a lot of help. Our chil- scribe the issue. servicing the loans. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8191 That is a long story to tell you where Government said: We are here to help Mr. BOND. Madam President, it is a we are at the moment. We have discov- you. Let’s give you a helping hand to pleasure to rise today to join with my ered that homeowners and businesses get you back on your feet. colleagues and urge them to support in Grand Forks, ND, that were hit with The letter continues: Nobody was the President’s nomination of Hector one disaster—that is, a disaster coming going to make our community whole V. Barreto, Jr., as Administrator of the from a river that inundated their com- overnight, but these loans over 30 Small Business Administration. munity—are in the middle of another years, would go a long way in helping. We have just received word that disaster. These people have discovered Then he describes his need to have there will be a voice vote rather than a that their disaster loans were sold to flexibility to purchase additional as- recorded vote. For the friends and sup- private companies. These loans are now sets and the difficulty he has had try- porters of Mr. Barreto, that simply being serviced by private companies ing to negotiate with the company that means that everybody has agreed upon who have put many of these families purchased the loan. They have simply it, and apparently we will not have to and businesses right smack in a pair of said: No dice. No way. go through a rollcall vote. It does not handcuffs when it comes to trying to What he is saying is that he has been mean in any way that we view this sell their home and buy another home handcuffed by this process. nomination as less important. It is just or sell an asset in a business in order to He had no idea that would be the that as a result of the work done on the buy another asset to make the business case. He had no idea the SBA would Committee on Small Business and En- more efficient. sell his disaster loan to a private com- trepreneurship, his nomination should The companies that bought these pany that won’t allow him to transfer go through. loans are now saying: No, you can’t a lien as the SBA has almost always He was approved unanimously by the substitute collateral. If you do that, done to disaster victims. I tell these committee under the leadership of my you are going to have to pay a very stories only to say there is something colleague, Chairman JOHN KERRY. The substantial fee. We will not allow you wrong with this process. nomination of Mr. Barreto comes at a to transfer the lien. In other words, the We ought not sell disaster loans. We critical time when the Small Business company is sticking to the terms of the simply should not do that. The SBA Administration’s assistance and devel- SBA loan with respect to the interest should service those loans and do so in opment programs will be tested very rate and time but is not nearly as flexi- a thoughtful and rational way. Let’s thoroughly as a result of the slowing ble as the SBA has always been with not sell those loans. We certainly economy. these homeowners and businesses. The ought not allow citizens who have been The SBA has a promising future and SBA would tell borrowers: We under- hit with a disaster discover there is a a very important mission that can best stand, we will allow you to transfer the second disaster around the corner if be realized with effective leadership to lien to the next home you are going to they need to sell a home and purchase refocus the agency on the programs buy, or, we understand, you can pur- another or need to purchase an essen- and missions established by Congress. chase these additional assets your busi- tial asset for their business but can’t I believe President Bush has shown ness needs to become more efficient sell the old asset because they can’t his commitment to supporting that and transfer the lien from the other transfer the lien. This is not a fair mission and the Nation’s Main Street asset you are going to sell. thing to do. small business community by his nomi- What homeowners and small business We ought to do a couple things. No. 1, nation of Mr. Barreto. owners are discovering now is that no we should ask the new SBA head— The need for a proven leader with a such flexibility exists with private someone who I intend to support and track record of business experience has companies. Instead, they are told: No vote for, Mr. Barreto—to work with us never been greater at the SBA. It is dice. That is a very serious problem. to see that these companies that have time the SBA concentrate on sound People hit with a disaster are now purchased the old loans will use the management of its operations and ex- given a pair of handcuffs when a pri- same flexibility in servicing those isting programs rather than expanding vate company buys their disaster loan. loans as the SBA previously did. its reach with new programs. That is wrong. That ought not happen. No. 2, let’s not have the SBA selling I expect Hector Barreto’s experience Let me just mention a couple people. these loans in the future. That is not in the financial services industry, his There is a woman named Marie from the right thing and the fair thing to do. standing in the small business and Grand Forks, ND, who wrote me and It may require legislation, I expect, to Latino communities will serve the said: I’m another flood victim trying to prevent that. I hope to discuss that President, the Nation, and small busi- find a way to transfer the current loan with some of my colleagues and hope ness very well. I have from the SBA to another prop- they will agree that those who have When we review Mr. Barreto’s cre- erty. My SBA loan was sold to Aurora been hit with disaster in this country dentials, it is easy to see he has excep- Loan Services, and I have been told by don’t deserve to be handcuffed later by tionally fine roots. He was born and Aurora they don’t transfer loans, pe- a private company that is able to buy reared in Kansas City, MO. He went to riod. So essentially I’m out of luck. deeply discounted SBA disaster loans. high school in Kansas City. He received Personal circumstances made it nec- This is not the right thing to do to the his degree from Rockhurst University, essary for me to sell my property, and citizens of this country who have suf- also in Kansas City. I have known his I need this low interest rate in order to fered through a disaster. We can do father, a prominent business leader in be able to afford another property and better. I hope we will. I hope my com- the Hispanic community, for many get back on my feet. ments will be noted by Mr. Barreto. I years. Even though he comes to us A man named Steven also wrote to wish him well. Although I don’t expect from California, I assure you, he really me. He is a businessman in Grand there will be a recorded vote on his is a Missourian at heart. Forks, ND. He said: I’m an optom- nomination today, I think he is a good Hector Barreto, Sr., founded the etrist. In the flood of 1997, our office re- appointment. I commend the President United States Hispanic Chamber of ceived 5 feet of water. Pretty much a for offering this candidate for public Commerce, and in recent years Hector total loss. service. I hope we can get together and Barreto, Jr., has been serving on its Madam President, I ask unanimous visit about this important issue very board of directors. With his Missouri consent for 3 additional minutes. soon, when he assumes office. heritage and his strong business foun- The PRESIDING OFFICER. Without I yield the floor. dation, there really isn’t much more objection, it is so ordered. The PRESIDING OFFICER. The Sen- that needs to be said about the Presi- Mr. DORGAN. I will not read all of ator from Missouri. dent’s nominee. this letter, but Steven goes on to say: Mr. BOND. Madam President, I yield Seriously, however, we should look We see the opportunity to borrow myself up to 5 minutes of the time on closely at Mr. Barreto’s small business money at 4 percent for 30 years as a this side on the nomination of Mr. Hec- background and his business experi- gift from the American people. tor Barreto. ence. His early work immediately out These people were inundated with The PRESIDING OFFICER. Without of college was as area manager for the water, in deep trouble, and the Federal objection, it is so ordered. Miller Brewing Company. But his small S8192 CONGRESSIONAL RECORD — SENATE July 25, 2001 business experience began in earnest nation of Hector V. Barreto, Jr., to be small insurance and financial services when he moved to California and estab- Administrator of the Small Business company to address the financial needs lished the Barreto Insurance and Fi- Administration. of southern California’s expanding nancial Services Company. His goal Madam President, I now yield 5 min- Latino population and the needs of all simply was to provide insurance and fi- utes or as much time as he should re- southern California’s minority commu- nancial services to southern Califor- quire to the distinguished Senator nities. Once in southern California, Mr. nia’s expanding Latino population. from Virginia, Mr. ALLEN, a member of Barreto became involved in the Latin It takes a lot of nerve and confidence our committee, and ask that any re- Business Association, serving as the or- in one’s abilities just 3 years after fin- maining time be reserved. ganization’s chairman in recent years. ishing college to move halfway across The PRESIDING OFFICER. The Sen- In addition, Mr. Barreto served on the United States to set up a small ator from Virginia. the award-winning Los Angeles Minor- business. Mr. ALLEN. Madam President, I ity Business Opportunity Committee His business should be distinguished thank the ranking member of the and also as vice chairman of the U.S. from the go-go dot-com undertakings Small Business Committee, Senator Hispanic Chamber of Commerce. of the 1990s, where investors could not BOND, who cares a great deal about As a result of his dedication and out- wait to be separated from their money. small business issues. reach, Hector Barreto has received the Mr. Barreto’s small business was and is I am pleased to stand with my col- support of many businesses and busi- more of a Main Street USA variety, league and for all the people in the ness organizations nationwide, includ- and his goal simply was to provide in- Senate today and give my support for ing a significant number from Cali- surance and financial services that the confirmation of Hector V. Barreto, fornia-based organizations and Latino were very much needed in the minority Jr., as Administrator of the Small business groups. community in southern California. Business Administration, which is, of It would take far too long to mention With each new Presidential adminis- course, the top post in that agency. all of the groups supporting his nomi- tration, we hear how difficult it is to On July 19, the Committee on Small nation, but I want to mention a few. attract top-notch talent to serve in the Business and Entrepreneurship, of The endorsements have come from often thankless and usually criticized which I am a member, unanimously ap- widely diverse groups, such as the His- jobs of serving in Government. We are proved Mr. Barreto for the position of panic Business Roundtable and the Mi- fortunate to have someone of the cal- Administrator of the Small Business nority Business Roundtable, the U.S. iber of Mr. Barreto who knows what it Administration. As a member of the Chamber of Commerce and the U.S. is to start a small business from committee, it was my privilege to at- Hispanic Chamber of Commerce, as scratch and work hard to make it tend the hearing and cast my vote in well as other Chamber affiliates, such grow. This is the American dream of support of this fine candidate. as the Los Angeles Area Chamber, New millions of entrepreneurs. His exposure What also was very inspirational was Jersey Regional Chamber, San Antonio to the challenges he faced will serve Mr. Hector V. Barreto, Sr., and his Hispanic Chamber, the Korean Amer- him well as SBA Administrator. story, a gentleman who came up from ican Coalition, and the Hispanic Busi- We should not lose sight of the fact Mexico, settled in Missouri, and start- ness Women’s Organization. that Mr. Barreto is making a sacrifice ed a business. And then Hector, of Given Mr. Barreto’s credentials, by leaving his small business to spend course, went on even further. background, and past experiences, the the next 3, maybe 4, maybe more, years It really is the American dream of work he has done to increase economic at the SBA. In response to this call to opportunity, of a small business, a man opportunities for minority commu- Government service, Mr. Barreto won’t with a dream, his father, and then ob- nities, the extremely positive and over- be there to run his business. We need to viously inculcating in his son that whelming bipartisan support afforded remember that Hector Barreto is not a same sort of spirit and hard work and him by members of the Small Business senior company official leaving a large dedication and honesty. Committee, I believe he is exactly the business where there is always some- I know that Mr. Barreto, Sr. was very right candidate for this position. one ready to step up from the ranks to proud of his young son and what every- A vote in favor of this nomination is take over. Most often in a small busi- one was saying about him that day of a vote in support of the interests and ness, there is not someone waiting in the committee hearing. the needs of small business owners, the ranks, and the small business suf- This nomination does come at a par- particularly minority business owners, fers or closes its doors when the owner ticularly crucial time, as the SBA will leaves. providing them with the experience, need the guidance of a strong and Although he may not be closing his dedication, and leadership that Mr. qualified leader to ensure that its as- business for good, Mr. Barreto is tak- Barreto will bring to the Small Busi- ing a long leave of absence and the sistance and development programs are ness Administration and its very im- business is going into an extended sta- available to small businesses during portant programs. tus of hibernation. His is a significant this time of challenging, slowing eco- I thank the Chair and I yield back sacrifice. nomic growth. I believe Mr. Barreto is the remainder of my time. As ranking member of the Senate particularly qualified to develop new Mr. KERRY. Madam President. I join Committee on Small Business and En- and innovative ways for the Small with my colleagues in support of the trepreneurship, I have had the oppor- Business Administration to refocus and President’s nomination of Hector V. tunity to discuss with him his views on better target its resources to promote Barreto, Jr., to be Administrator of the targeting the most critical problems at growth and access to capital for small U.S. Small Business Administration, or the SBA and prioritizing solutions that business owners and entrepreneurs and SBA. might be implemented. I sincerely ap- increase opportunities for minorities Mr. Barreto was born and raised in preciate the energy and dedication and women in the small business com- Kansas City, MO. He received a B.S./ with which Mr. Barreto approaches munity. B.A. degree in management and Span- these tasks. Madam President, I want to take this ish, in 1983, from Kansas City’s We have a ripe opportunity to retool opportunity to focus on Mr. Barreto’s Rockhurst College. the SBA and its programs to better background and his experiences be- As Administrator of the SBA, it will capitalize on the remarkable potential cause what somebody has done in the serve Mr. Barreto well that he comes small business offers to fuel the econ- past is a good indicator of what he or from the small business community omy and generate economic growth. she will do in the future. I believe it and can appreciate the challenges I am confident that Hector Barreto will provide him also with a very spe- small business owners face. He founded will do a solid job at the helm of the cial insight into the unique challenges Barreto Insurance and Financial Serv- SBA. I look forward to working with facing minority- and women-owned ices in 1986 and serves as president- him to address key concerns about businesses, especially small businesses. owner. The firm provides financial agency programs and operations. Mr. Barreto, just 3 years out of col- services and business insurance to the I urge and thank my colleagues for lege, left his home State of Missouri Los Angeles area Latino community. their support of the President’s nomi- and moved to California to start up a He also founded a second business, July 25, 2001 CONGRESSIONAL RECORD — SENATE S8193 TELACU-Barreto Financial Services, role in the preparation of SBA’s fiscal First, I want to take this opportunity which is one of the first Latino-owned year 2002 budget, I hope he will work to thank the Small Business and En- securities broker-dealers, specializing with us and fight hard for a budget trepreneurship Committee Chairman in retirement-pension plans. that adequately funds important SBA KERRY and Ranking Member BOND for Mr. Barreto has been active in Latino programs. working so diligently on issues affect- business affairs. He has served as vice- The administration’s commitment to ing small businesses. Small businesses, chair of the U.S. Hispanic Chamber of small businesses should start with always important to our communities Commerce, an organization founded by SBA’s new Administrator. Specifically, and our economy, have taken new and his father, Hector Barreto, Sr. He also we will look to Mr. Barreto, for the vi- heightened importance in our changing has served as chair of the Latin Busi- sion, leadership, and management economy. ness Association, Founding Member of skills required for SBA to surpass the The position for which Mr. Baretto the New America Alliance and chair of progress made by the Agency over the has been nominated for, Administrator the Latin Business PAC, and on several last 8 years in supporting and encour- of the Small Business Administration, corporate boards, including GE Finan- aging small business and entrepreneur- has probably never had as much signifi- cial Advisory Board, Sempra Energy ship. cance as it does in the current econ- Advisory Board and the TELACU In- I urge my colleagues to support Mr. omy. Small businesses are now, more dustries Board of Directors. Many of Barreto’s nomination. than ever, a source of the innovation these groups have joined more than 90 Mrs. FEINSTEIN. Madam President, that is critical to the continued growth others in support of Mr. Barreto’s nom- I am proud to express my support for of the economy. In my state, one of the ination. Hector Barreto, nominee for Adminis- largest high-tech companies, Micro- I am pleased with Mr. Barreto’s small trator of the Small Business Adminis- soft, was a small business not so long business roots and admire his efforts to tration, and a fellow Californian. ago. As we have watched our unem- empower Hispanic Americans to share Mr. Barreto has been involved with ployment figures drop now for several in our country’s economic vitality. I small business concerns from an early years, small businesses have been the hope he will bring the insights gained age. His father, Hector Barreto, Sr., largest community contributing to job from his experiences to his leadership helped found the U.S. Hispanic Cham- creation. at the SBA. ber of Commerce. As a young adult, the In fact, many of the leading high- SBA has played an instrumental role nominee helped his father manage a tech companies in America were small spurring the growth of this country’s family restaurant, an export-import businesses only years ago—or remain small businesses. The Agency has business, and a construction company. small businesses today. But along with helped Americans start, run, and grow In 1986, Barreto founded a small busi- the great successes, there are many their businesses by offering access to ness of his own: Barreto Insurance and small businesses with great ideas that credit and capital, procurement guid- Financial Services. have yet to get a foothold in our econ- ance, business management education The entrepreneur designed the firm omy. These companies, many minority- and technical assistance. to address a lack of financial services and woman-owned, need the assistance I met with Mr. Barreto last week. We available to Southern California’s rap- of the Small Business Administration. had a good discussion about SBA and idly growing Latino population. I was alarmed when the administra- the many issues and obstacles that Today, the firm generates $3 million tion presented its first budget with small business owners and entre- in sales a year, and is considered one of deep cuts in SBA funding. Fortunately, preneurs must face on a daily basis. I the premier insurance and retirement Senators KERRY and BOND were able to look forward to working together with planning firms in Los Angeles. restore much of that money in the Sen- Mr. Barreto to make the SBA even Barreto also acts as the vice chair- ate Budget Resolution and I would more effective than it’s been. man of the board of the Hispanic hope that as Administrator, Mr. There is a strong benchmark from Chamber of Commerce and until 1997, Baretto would work to forestall any fu- which to start. SBA’s record has been he was chairman of the board for the ture efforts by others in the adminis- nothing short of extraordinary, par- Latin Business Association in Los An- tration to impair SBA’s ability to ful- ticularly in view of a 22 percent staff geles. fill its important mission. level reduction. From 1993 through Barreto founded the Latin Business The President’s budget requested no 2000, SBA provided more services to Association Institute, an extension of money for the SBA’s new markets ven- more small businesses than in the en- the Latin Business Association, to pro- ture capital program and the National tire previous history of the Agency. Its vide technical assistance, education, Veterans’ Business Development Cor- loan portfolio almost quintupled from and business development opportuni- poration just when it is getting started $10 billion to nearly $50 billion and its ties to Latin Business Association in its efforts to help veterans, particu- venture capital dollars practically dou- members. larly service-disabled veterans, who bled from $10.2 billion to over $19 bil- For his dedication and commitment want to start or expand their busi- lion. Moreover, SBA approved more to the Latino Business Community, nesses and develop a plan to become than $19 billion in loans to some 80,000 Barreto was awarded the Gold Medal of self-sustaining by fiscal year 2005. The minority-owned businesses—more than honor by the Multicultural Institute of President’s budget freezes funding for double the amount recorded during the Leadership for his work in promoting the Women’s Business Centers at $12 Agency’s prior 39 years. diversity and improving race relations. million and the Women’s Business Typically, SBA’s assistance is needed In addition, he has received special Council at $750,000. The Council is very most during economic downturns. If recognition from Congress, the Cali- helpful to the Congress, monitoring the economy continues to cool, as fornia State Senate and Assembly, the and researching the contribution of many economists predict it will, Con- County of Los Angeles, the Mayor’s of- women business owners and the obsta- gress and the administration will need fice, the City of Los Angeles, YMCA, cles they face, including increasing to redouble their support for the poli- and the American Red Cross. their access to government contracts cies and programs that SBA has used The number of small businesses con- loans, and venture capital. so successfully to stimulate the growth tinues to rise exponentially both in These programs have been extremely and contributions of America’s small California and across the country. I valuable to the small business and en- businesses. look forward to working with Mr. trepreneurial communities. I hope that One of the best opportunities to do so Barreto to see that our small busi- as Administrator, Mr. Baretto will de- is in the shaping of SBA’s budget. The nesses flourish. I am pleased to support fend these programs and help the ad- budget with which we were presented his nomination. ministration understand their signifi- this year was inadequate. That is why Ms. CANTWELL. Madam President, I cance for veterans, women, and minori- Senator BOND and I worked together to rise in support of the nomination of ties. I think expanding and diversifying pass an amendment to restore large, Hector Baretto to the position of Ad- the pool of small business owners is unwise cuts in SBA’s fiscal year 2001 ministrator for the Small Business Ad- one of the most significant areas in budget. As Mr. Barreto assumes a key ministration. which the SBA contributes, and an S8194 CONGRESSIONAL RECORD — SENATE July 25, 2001 area in which I believe the Small Busi- VOTE ON THE NOMINATION OF HECTOR V. I have not yet been given a report ness Administration can do more. BARRETO from our negotiators as to the status of I congratulate Mr. Baretto and urge Mr. REID. We have had no request the ongoing discussions with regard to Senators to vote to confirm him as Ad- for a rollcall vote. I ask that we move Mexican trucking, but I will file a clo- ministrator of the Small Business Ad- forward on the vote at this time. ture motion tonight and expect if we ministration. The PRESIDING OFFICER. Is all are able to resolve these questions, we Mrs. CARNAHAN. Madam President, time yielded back on the nomination? can vitiate it in the morning. With small businesses are the backbone of Mr. REID. On this nomination I don’t that, I think we ought to proceed with the American economy. They create think there is any time to yield back. the vote. two of every three new jobs, produce 39 If there is, I ask unanimous consent f that it be yielded back. percent of the gross national product ILSA EXTENSION ACT OF 2001— The PRESIDING OFFICER. Is there and are responsible for more than half Continued of the Nation’s technological innova- objection? Without objection, it is so ordered. The PRESIDING OFFICER. Under tion. the previous order, the hour of 6:30 p.m. Our Nation’s 20 million small busi- The question is, Shall the Senate ad- vise and consent to the nomination? having arrived, the question is on the nesses provide dynamic opportunities engrossment and third reading of the for all Americans. Therefore, I believe The nomination was confirmed. Mr. REID. Madam President, I move bill. we need a strong administrator to en- The bill was ordered to be engrossed to reconsider the vote. sure that the SBA functions effectively for a third reading and was read the Mr. ALLEN. I move to lay that mo- on behalf of America’s small busi- third time. nesses. tion on the table. The PRESIDING OFFICER. The bill The motion to lay on the table was Mr. Barreto is a native of Kansas having been read the third time, the agreed to. City, MO who has demonstrated a be- question before the Senate is, Shall the lief in the entrepreneurial spirit of VOTE ON THE NOMINATION OF WADE HORN bill, S. 1218, pass? The yeas and nays small business owners. Mr. REID. It is my understanding have been ordered. The clerk will call As Chairman of the Board for the that now the confirmation of the nomi- the roll. Latino Business Association, Mr. nation of Wade Horn would be the next The senior assistant bill clerk called Barreto has shown his commitment to matter before the Senate. the roll. providing Latino Americans with busi- The PRESIDING OFFICER. The Sen- Mr. REID. I announce that the Sen- 1 ness opportunities, education, and ator is correct. There are 2 ⁄2 minutes ator from Hawaii (Mr. INOUYE) and the technical assistance. remaining. Senator from Louisiana (Ms. Mr. REID. The time of the Senator LANDRIEU) are necessarily absent. He also serves as the Vice Chairman from Minnesota has been yielded back. The PRESIDING OFFICER (Mr. MIL- of the Board of the United States His- I ask unanimous consent that the 21⁄2 LER). Are there any other Senators in panic Chamber of Commerce. In this minutes controlled by the minority be the Chamber desiring to vote? capacity, Mr. Barreto is successfully yielded back. The result was announced—yeas 96, representing the interests of the His- The PRESIDING OFFICER. Is there nays 2, as follows: panic business community by strength- objection? [Rollcall Vote No. 251 Leg.] ening national economic development Without objection, it is so ordered. YEAS—96 programs and increasing business rela- All time is yielded back. Akaka Domenici McCain tionships between the corporate sector The question is, Shall the Senate ad- Allard Dorgan McConnell and Hispanic owned businesses. Allen Durbin Mikulski vise and consent to the nomination? I am pleased that the President has Baucus Edwards Miller The nomination was confirmed. Bayh Ensign Murkowski put forward a nominee with such a Mr. REID. I move to reconsider the Bennett Enzi Murray strong record of leadership and com- Biden Feingold Nelson (FL) vote. Bingaman Feinstein Nelson (NE) mitment to promoting the success of Mr. ALLEN. I move to lay that mo- small businesses. I supported Mr. Bond Fitzgerald Nickles tion on the table. Boxer Frist Reed Barreto’s nomination in the Senate The motion to lay on the table was Breaux Graham Reid Brownback Gramm Roberts Committee on Small Business and En- agreed to. trepreneurship, and I am similarly Bunning Grassley Rockefeller f Burns Gregg Santorum pleased to support his nomination here Byrd Harkin Sarbanes on the floor of the United States Sen- LEGISLATIVE SESSION Campbell Hatch Schumer ate. Cantwell Helms Sessions Carnahan Hollings Shelby The PRESIDING OFFICER. Who The PRESIDING OFFICER. Under the previous order, the Senate will re- Carper Hutchinson Smith (NH) yields time? Chafee Hutchison Smith (OR) turn to legislative session. Mr. REID. Madam President, I sug- Cleland Inhofe Snowe f Clinton Jeffords Specter gest the absence of a quorum. Cochran Johnson Stabenow The PRESIDING OFFICER. The ORDER OF BUSINESS Collins Kennedy Stevens clerk will call the roll. Conrad Kerry Thomas Mr. REID. Madam President, I sug- Corzine Kohl Thompson The assistant legislative clerk pro- gest the absence of a quorum. Craig Kyl Thurmond ceeded to call the roll. Crapo Leahy Torricelli The PRESIDING OFFICER. The Mr. REID. Madam President, I ask Daschle Levin Voinovich clerk will call the roll. Dayton Lieberman Warner unanimous consent that the order for The assistant legislative clerk pro- DeWine Lincoln Wellstone the quorum call be rescinded. ceeded to call the roll. Dodd Lott Wyden The PRESIDING OFFICER. Without Mr. DASCHLE. Madam President, I NAYS—2 objection, it is so ordered. ask unanimous consent that the order Hagel Lugar Mr. REID. Madam President, it is my for the quorum call be rescinded. NOT VOTING—2 understanding that we are now in exec- The PRESIDING OFFICER. Without Inouye Landrieu utive session; is that right? objection, it is so ordered. The bill (S. 1218) was passed, as fol- The PRESIDING OFFICER. The Sen- Mr. DASCHLE. Madam President, lows: ator is correct. under a previous order, we had agreed Mr. REID. Pending before the Senate to a vote at 6:30 p.m. I know the memo- S. 1218 is the nomination of Hector Barreto; is rial service is still underway. We will Be it enacted by the Senate and House of Rep- resentatives of the United States of America in that right? accommodate Senators who have other Congress assembled, The PRESIDING OFFICER. The plans. I ask that we proceed with the SECTION 1. SHORT TITLE. Barreto nomination is the pending vote. I also note this will be the last This Act may be cited as the ‘‘ILSA Exten- nomination. vote of the evening. sion Act of 2001’’. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8195 SEC. 2. EXTENSION OF IRAN AND LIBYA SANC- Standing Rules of the Senate, hereby move say that, but that is what the Purple TIONS ACT OF 1996. to bring to a close the debate on H.R. 2299, Heart stands for. Section 13(b) of the Iran and Libya Sanc- the Transportation Appropriations Act. I mention that because I have a lot of tions Act of 1996 (50 U.S.C. 1701 note; Public Patty Murray, Ron Wyden, Patrick Leahy, affection for the Senate. I have a lot of Law 104–172) is amended by striking ‘‘5 Harry Reid, Hillary Rodham Clinton, Charles years’’ and inserting ‘‘10 years’’. Schumer, Jack Reed, Robert C. Byrd, James affection for this Capitol complex. One SEC. 3. IMPOSITION OF SANCTIONS WITH RE- Jeffords, Daniel Akaka, Bob Graham, Paul of the main reasons I have so much af- SPECT TO LIBYA. Sarbanes, Carl Levin, Jay Rockefeller, fection is that I worked nights as a (a) IN GENERAL.—Section 5(b)(2) of the Iran Thomas R. Carper, Barbara Mikulski, and Capitol Hill policeman while going and Libya Sanctions Act of 1996 (50 U.S.C. Tom Daschle. through law school. I can remember 1701 note; 110 Stat. 1543) is amended by strik- walking through Statuary Hall, never ing ‘‘$40,000,000’’ each place it appears and in- Mr. DASCHLE. Mr. President, under serting ‘‘$20,000,000’’. the unanimous consent agreement we having had any understanding of who (b) EFFECTIVE DATE.—The amendments reached yesterday, the vote on cloture those great men were in the true sense made by subsection (a) shall apply to invest- will occur tomorrow. We have been of the word. I had the opportunity of ments made on or after June 13, 2001. working with our colleagues on both meeting Everett Dirksen. I remember SEC. 4. REVISED DEFINITION OF INVESTMENT. sides of the aisle. I appreciate very walking on the floor. I was the police- Section 14(9) of the Iran and Libya Sanc- much Senator MCCAIN’s cooperation in man assigned to the Ohio Clock, as it is tions Act of 1996 (50 U.S.C. 1701 note; 110 trying to reach a mutually convenient called. I was there when this man with Stat. 1549) is amended by adding at the end long, white hair and a wonderful voice, the following new sentence: ‘‘For purposes of time for the vote. Unfortunately, there this paragraph, an amendment or other are other colleagues who are unable on Senator Everett Dirksen, came by. He modification that is made, on or after June the Republican side to agree to an ear- was asked to comment on the first hy- 13, 2001, to an agreement or contract shall be lier time for consideration of the bill, drogen explosion of a nuclear device by treated as the entry of an agreement or con- even though it was our hope that we the Soviet Union. I stood there and lis- tract.’’. could come to the bill at the normal tened to him. Mr. REID. Mr. President, I move to time of convening tomorrow. But that I have fond memories of not only my reconsider the vote and I move to lay is impossible. congressional experience but also as a that motion on the table. We will have the cloture vote at 1 young man working as a Capitol police- The motion to lay on the table was o’clock. We will reconvene, as a result man. My boss was the Sergeant at agreed to. of the current circumstances, at 12 Arms. The Sergeant at Arms of the Mr. REID. Mr. President, I suggest noon tomorrow. That will accommo- House and the Senate are very impor- the absence of a quorum. date the need for additional discussion tant positions. The PRESIDING OFFICER. The among all of those who are partici- I mention meeting with General clerk will call the roll. pating in the negotiations with regard Lenhardt because I think we should un- The assistant legislative clerk pro- to the Mexican trucking issue. derstand what a great choice this man ceeded to call the roll. is to be the Sergeant at Arms of the Mr. DASCHLE. Mr. President, I ask I understand we have made some progress this afternoon. I am hopeful U.S. Senate. He is a professional in the unanimous consent that the order for true sense of the word. Prior to some the quorum call be rescinded. we can continue to talk through the night and tomorrow morning as well. preliminary issues, Senator DASCHLE The PRESIDING OFFICER. Without never knew the man. His very fine objection, it is so ordered. This will facilitate additional discus- sion and hopefully perhaps reach some chief of staff, Pete Rouse, and our very f conclusion. If it does, we will vitiate excellent Secretary of the Senate, Jeri DEPARTMENT OF TRANSPOR- the cloture motions. If it does not, of Thomson, went through the process TATION AND RELATED AGEN- course, the cloture motion votes will and came to Senator DASCHLE with a CIES APPROPRIATIONS ACT, then occur at 1 o’clock tomorrow after- number of people. This is the person 2002—Continued noon. that Senator DASCHLE chose. What a CLOTURE MOTION I thank my colleagues. I yield the great choice. He is a professional. Mr. DASCHLE. Mr. President, I send floor. One of the jobs he had in the U.S. a cloture motion to the desk. I suggest the absence of a quorum. Army was to be the commanding gen- The PRESIDING OFFICER. The clo- The PRESIDING OFFICER. The eral of the organization that takes care ture motion having been presented clerk will call the roll. of national security and law enforce- under rule XXII, the Chair directs the The assistant legislative clerk pro- ment programs. clerk to read the motion. ceeded to call the roll. In 1997, after more than 31 years of The assistant legislative clerk read Mr. REID. Mr. President, I ask unan- domestic and international experiences as follows: imous consent the order for the in national security and law enforce- ment, he retired from the U.S. Army. CLOTURE MOTION quorum call be rescinded. We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without His responsibilities in the military ance with the provisions of Rule XXII of the objection, it is so ordered. were significant. He is a two-star gen- Standing Rules of the Senate, hereby move eral. I am told that he could have had to bring to a close debate on amendment No. f a third star, but he decided to retire 1025, the Murray-Shelby substitute amend- MORNING BUSINESS prior to doing that. ment. His last position with the Army was Patty Murray, Ron Wyden, Patrick Leahy, Mr. REID. Mr. President, I ask unan- as commanding general of the U.S. Harry Reid, Hillary Rodham Clinton, Charles imous consent the Senate now proceed Army Recruiting Command. There Schumer, Jack Reed, James Jeffords, Daniel to a period of morning business, with Akaka, Bob Graham, Paul Sarbanes, Carl were over 1,800 separate locations of Senators allowed to speak therein for a which he was the leader. He managed Levin, Jay Rockefeller, Thomas R. Carper, period of not to exceed 10 minutes. Barbara Mikulski, Tom Daschle, and Richard an Army installation consisting of Shelby. The PRESIDING OFFICER. Without 130,000 acres of training areas, adminis- objection, it is so ordered. CLOTURE MOTION trative and logistical facilities, and Mr. DASCHLE. Mr. President, I send f support operations for over 23,000 civil- a second cloture motion to the desk. ian employees, military retirees, sol- ALFONSO E. LENHARDT The PRESIDING OFFICER. The clo- diers, and family members. ture motion having been presented Mr. REID. Mr. President, the day be- He also served as the senior military under rule XXII, the Chair directs the fore yesterday I met for the first time police officer for all police operations clerk to read the motion. Alfonso Lenhardt. I met him in the ma- and security matters throughout the The assistant legislative clerk read jority leader’s office. We were standing Army’s worldwide sphere of influence. as follows: there alone after some niceties. I asked So to have him at the Senate, having CLOTURE MOTION him: What is the pin on your lapel? He the responsibility, among other things, We, the undersigned Senators, in accord- said: It is a Purple Heart. It is a medal for the security of this Capitol com- ance with the provisions of Rule XXII of the for being injured in combat. He didn’t plex, says it all. He certainly has had S8196 CONGRESSIONAL RECORD — SENATE July 25, 2001 the experience. This man not only has Americans have been herded into these cally necessary. I have held up pictures had an outstanding military career, groups called managed care organiza- on the floor of young children born but he has a bachelor of science degree tions. They were created, in some with terribly deformed facial features, in criminal justice from the University cases, for very good reasons, to try to being told that the correction of that of Nebraska, a master of arts degree in reduce the cost of health care and con- radically deformed facial feature is not public administration from Central trol and contain the cost of health ‘‘medically necessary,’’ and therefore Michigan University, and a master of care. the insurance they thought they had science degree in the administration of But in recent years, the for-profit or- with the managed care organization justice from Wichita State University. ganizations that have become part of would not cover it. He also completed executive programs the managed care industry have, from I have told the story often of my col- at Harvard University’s Kennedy time to time, taken actions with re- league, Senator REID of Nevada and I, School of Government and the Univer- spect to patient care that have much holding a hearing in the State of Ne- sity of Michigan Executive Business more to do with their bottom-line prof- vada on this subject, where we heard School. it than it has to do with patient care. from a mother of a young boy named He has been active in public service. So we had a debate about a Patient Christopher Roe who died at age 16. This is a man who is outstanding. Protection Act that says the following: Christopher had cancer. This young Those who watch the Senate pro- One, you ought to be able to know all boy fought cancer valiantly but lost ceedings on C–SPAN or who visit the of your medical options for treatment, his life on his 16th birthday. In the Capitol, to see this historic site, may not just the cheapest option for med- process of fighting cancer, they also not realize all the work that goes into ical treatment. That ought to be a fun- had to fight in order to get the treat- running the U.S. Capitol. The respon- damental right for patients. ment he needed. He didn’t get it in Two, if you have an emergency, you sibilities are enormous. Unless some- time. It is an unfair fight to ask a 16- ought to have a right to go to an emer- thing goes wrong, we take them for year-old boy to fight cancer and have gency room. Sound simple? Yes, it is granted. to fight the insurance company at the simple. But it is not always the case in Senator DASCHLE has done some very same time. this country that with an emergency, fine things during his 7 years as Demo- His mother held up a picture of you are going to get reimbursement for cratic leader, and he has done some young Christopher, a big colored poster emergency room treatment by a man- great things during his short time as picture, and cried at the end of her tes- aged care organization. timony as she described her son look- majority leader, but I think there is Three, you have a right to see a spe- ing up at her from the bedside asking: nothing that I have been more im- cialist when you need one for your pressed with than his selection of Gen- medical condition. Does that sound Mom, how can they do this to a kid? eral Alfonso Lenhardt as the Sergeant simple and pretty straightforward? What he was asking was: How can they at Arms of the U.S. Senate. I hope ev- Sure, but it doesn’t happen all the do this? How can they not provide the eryone in the Senate will have the op- time. treatment I need to give me a chance portunity to meet this man and to rec- You have a right to clinical trials. to live? That boy died at age 16. ognize what a fine person Senator You have a right to retain, for exam- I have told that story. I have told DASCHLE has selected. ple, the relationship you have with many other stories, including the story He is going to be our protocol officer your oncologist who has been treating of Ethan Bedrick. Ethan had a very dif- and our chief law enforcement officer. you for breast cancer for 7 years. Even ficult birth and was born with very se- He will also be the administrative if your employer changes health care rious problems because the umbilical manager for most of the Senate’s wide- organizations, you have a right to con- cord had shut off his oxygen. A doctor ranging support services. We could not tinue to see the same oncologist who had decided, after evaluating him, that have a better person. has been treating you for cancer for 7 he had only a 50-percent chance of f years. being able to walk by age 5 if he got Those are the kinds of provisions we certain rehabilitative services. A 50- THE PATIENTS’ BILL OF RIGHTS put in the Patient Protection Act. Let percent chance for this little boy to be Mr. DORGAN. Mr. President, the me describe why we did it. We did it be- able to walk by age 5 was ‘‘insignifi- Senate recently passed the Patients’ cause in this country too often pa- cant,’’ and, therefore, the services were Bill of Rights and we are anxiously tients are discovering that what they denied. awaiting action by the House. The Pa- believed they were covered for in their Does it sound bizarre? Does it sound tient Protection Act, or the Patients’ medical or health care plan was not in like a system with which we are ac- Bill of Rights, is something we have fact covered at all. quainted? Not to me. This all sounds spent a great deal of time on in the I have told the story of the woman just Byzantine, that decisions are made Senate. who went hiking in the Shenandoahs. about health care on what is medically As Senator DASCHLE indicated, it was She fell off a 50-foot cliff and sustained necessary, what is an emergency, what one of our top priorities. We had a very serious injuries. She was uncon- kind of treatment is available, what great deal of difficulty getting it scious. She had multiple broken bones kind of treatment is necessary. Some through the Senate. It took us a good and was in very serious condition. She decisions have been made with an eye number of years to do that, but after 4 was brought to an emergency room on toward the bottom line of the corpora- or 5 years of debate, we finally got a a gurney unconscious. She survived tion providing the health care. And Patient Protection Act passed by the after a long convalescence, only to find that is wrong because human health is Senate. We are now waiting for the out that the managed care organiza- not a function of someone’s bottom House to take similar action. tion said they would not pay for her line. The President says he will veto it. emergency room treatment because We had a woman who suffered a very And that is the way the legislative she had not had prior approval for serious brain injury. She was still con- process works. We have to do the best emergency room care. This is a woman scious. She was in an ambulance, and we can to advance public policies that hauled into an emergency room uncon- she asked the ambulance driver to take we think strengthen this country. We scious, told that she should have got- her to the furthest hospital. There was have done that under the leadership of ten prior approval for emergency room one closer. She wanted to go to the one Senator DASCHLE, with the cooperation care. that was a bit further away. This is of my colleagues on both sides of the Does that literally cry out and beg someone in an ambulance with a brain aisle. We passed a real Patient Protec- for some kind of legislative attention? injury. She survived and later was tion Act or a real Patients’ Bill of Yes, it does. It is just one piece of the asked: Why did you not want the am- Rights. Let me describe why that is Patient Protection Act providing that, bulance to drop you off at the nearest important and what it does. if you have an emergency, you have a hospital? She said: Because I under- All of us have had lengthy debates right to emergency room treatment. stood the reputation of that hospital. about what is happening to health care There are so many other examples. It was their bottom line, their profit; I in this country, as more and more For instance, the issue of what is medi- did not want to be presented on a July 25, 2001 CONGRESSIONAL RECORD — SENATE S8197 gurney with a brain injury and be ture in Texas. What we are trying to do while in the Senate. But now it is done. looked at by a doctor who thought in for the country says essentially the It is up to the House to do the same. I terms of profit and loss. Doctors same as exists in the State of Texas call on the President to join us. I urge wouldn’t do that, but a health care sys- with respect to a patients’ protection the House to pass this bill, and then I tem determined by profit and loss, how act. urge the President to sign the bill. Let much would this cost? I wanted some- Again, let me say that we have a lot this bill work for the American people. one to see me and determine they of issues in this country. We sink our I know the Senator from Nevada, wanted to fight for my life regardless teeth into a good number of them who attended a hearing with me that I of cost. throughout the year in the Senate. referenced recently, cares a great deal That is what people have been con- This is a critically important issue about this issue. I know that at the cerned about with respect to managed for us to get done this year. This issue hearing in the State of Nevada I heard care. Not all managed care organiza- is very important. We have a responsi- exactly what I had heard at hearings I tions have done this. Some are wonder- bility to continue applying pressure in held in New York, Minnesota, and else- ful. Some have done a great job. Some this circumstance to the House. I hope where. I held hearings as chairman of have not. Some have taken a position the American people will apply pres- the Democratic Policy Committee on that jeopardizes people’s health. They sure to the House and say: Get this this issue. It didn’t matter where you have said to people: Here is your option done. Do this bill. Bring it up for a were, you would hear the same story; for medical treatment, not giving them vote, pass it, and send it to the Presi- that is, that patients in this country all the options that might be available dent. expect the kind of health treatment to them, only describing the cheapest The President says he will veto it. I they were promised by their health option that would be available to be de- don’t know that that is the case. I hope care plan, when they get sick and need livered by the health care organization. when he looks at this bill, he will un- health care. Too often they discover Is that fair to people in this health derstand this is the right bill for the that that kind of delivery of health care system? The answer clearly is no. American people. It is the right thing care service is not available to them So we have had a fight in the Senate to do. when they need it. the last 3, 4, 5 years. We have a man- It is very interesting to me that as We have, as I indicated, a number of aged care organization that is big, we look at all of the challenges we face challenges facing us this year. This is strong, well financed, and they very ag- in this country, we have had some but one. I think it is one of the most gressively oppose what we are trying to great successes, and almost every step important challenges. I hope in the do. On the other side are doctors, the of the way we have had people who not-too-distant future the House of American Medical Association. They have said: Not me, help me out, this Representatives will take action, as want to practice medicine in the hos- won’t work. All of us come from towns the Senate has already done, and we pital room. They want to practice med- and have friends who are there sitting will see a Patient Protection Act be- icine in the clinic. They don’t want to around being crabby all day long, those come law in this country. I yield the floor. practice medicine only to find out that who describe what won’t work. The PRESIDING OFFICER. The Sen- some young fellow 1,000 miles away, I come from a town of 300 to 400 peo- ator from Nevada is recognized. working as a junior accountant for an ple. I spent most of my formative years Mr. REID. Mr. President, I have said insurance company, who hasn’t yet there. Three or four people there were before that the Senator from North Da- shaved twice a week, is making deci- always crabby about things, and they kota has spent a great deal of time on sions about health care that the doctor said, ‘‘This won’t work,’’ or, ‘‘This will the Patients’ Bill of Rights, developing is going to deliver in the hospital never do.’’ But the rest of the town was a foundation so that the legislation out doing things. They paved our Main room. could pass. It was Senator EDWARDS’ Street while others said it could not be That is not the kind of health care legislation, along with Senators KEN- they are dedicated to provide the done. It got done because the builders NEDY and MCCAIN. But the real founda- American people. They didn’t study in and the doers decided to make it hap- tion for that legislation came as a re- medical school for the purpose of hav- pen. sult of the work that Senator DORGAN ing somebody 1,000 miles away, who The same is true in the Senate. It did around the country as the chair- knows very little about health care, doesn’t matter what the issue is, it man of the policy committee, holding tell them how they ought to treat a pa- doesn’t matter whether it is Social Se- hearings all over America. He men- tient. curity, workers rights, minimum wage, tioned Las Vegas. There was a dra- So we have a battle between the we have people in this body who have matic hearing held in Las Vegas, with managed care organization, that has opposed everything for the first time, people complaining about how they had spent a great deal of money, putting and it doesn’t matter what it is. Those been mistreated or not treated. Not ads all over television to try to defeat who progressively want to make only did we have patients coming in, it, and doctors, patients, and other changes strengthen this country. It is we had physicians coming in and tell- health groups saying: We need this. our burden to say, here are our ideas, ing us how they could not render care It was long past the time to get this here is what we must do to strengthen that they, in their expertise, training, done, and we finally did it. We finally our country. and experience, indicated needed to be got it done. We got it through the Sen- We have done that. A Patient Protec- done, and their managed care entity ate after a number of years. Now it tion Act is just one more step in a se- would not let them do it. There are waits in the House for action. We read ries of things that we know must be cases where a doctor has been pulled day after day of reasons that somehow done to help the American people deal off the case because his recommenda- it is not quite getting done. The big in- with a health care system that has in- tions for treatment were not what the dustries that have something at stake creasingly moved toward managed care HMO or the managed care entity want- are making all the efforts they can to and has increasingly empowered the ed. try to defeat the legislation. And if we bigger interests and taken away from I have great respect and admiration get it through the House of Represent- the American people and the individ- for the Senator from North Dakota for atives—and we should; there is no ex- uals who need health care the oppor- helping us lay a foundation so that we cuse for this Congress not passing this tunity to fight back. That is what the could pass successful legislation. All legislation—the President says he will Patient Protection Act or Patients’ eyes are now upon the House of Rep- veto it. Bill of Rights is about. resentatives, to make sure they pass He has a right to veto it. I must say, Now we have passed that legislation. legislation that is in keeping with though, what we have enacted in the We have had good leadership in the what we did over here. They are trying Senate is almost exactly what they Senate, and in the last couple of to spin this, saying the legislation in have for law in the State of Texas. I months we have passed legislation the Senate is all about lawyers. know President Bush vetoed it first dealing with that Patients’ Bill of The legislation that passed in the when he was Governor of Texas, but Rights and a number of other things Senate of the United States had noth- later it became law without his signa- that have been welled up for a long ing to do with lawyers and everything S8198 CONGRESSIONAL RECORD — SENATE July 25, 2001 to do with patients. Out of a bill that word, a man of integrity. He seeks not RULES OF PROCEDURE OF THE contains 100 percent substance, 2 per- just to do his job, but to do it well. He COMMITTEE ON ENVIRONMENT cent dealt with lawyers and 98 percent came to his office each morning not to AND PUBLIC WORKS dealt with patients. work, but to serve. His gentle nature is Mr. JEFFORDS. Mr. President, in ac- I look forward to the bill passing in equaled only by his loyalty and work cordance with the rule XXVI (2) of the the House. Also, I have such great ad- ethic. Senate. I ask unanimous consent that miration and respect for Dr. NORWOOD, I am grateful to Rob for his efforts, the rules of the Committee on Environ- who has been willing to step beyond for his personal sacrifices, and for the mental and Public Works, adopted by the pale. He has been willing to go be- many nights and weekends he spent en- the committee today, July 25, 2001, be yond what most of the time happens in suring that work on these vital issues printed in the RECORD. partisan politics. Congressman NOR- was complete. I want to publicly thank There being no objection, the mate- WOOD, a Republican, has said he can’t him for all of his many contributions. rial was ordered to be printed in the do what his leadership has asked him I wish him the best as he confronts this RECORD, as follows: to do. He believes in a Patients’ Bill of new challenge. RULES OF PROCEDURE Rights, and he has been a leader. I have f RULE 1. COMMITTEE MEETINGS IN GENERAL such great respect for him. I express my appreciation to the Sen- (a) Regular Meeting Days: For purposes of RETIREMENT OF JESS ARAGON complying with paragraph 3 of Senate Rule ator from North Dakota. Mr. HARKIN. Mr. President, I rise XXVI, the regular meeting day of the com- f today to call to your attention the re- mittee is the first and third Thursday of THE DEPARTURE OF ROBERT D. tirement of one of our country’s finest each month at 10:00 A.M. If there is no busi- public servants. Jess Aragon, the Budg- ness before the committee, the regular meet- FOREMAN ing shall be omitted. Mr. HATCH. Mr. President, I would et Officer of the Department of Labor’s (b) Additional Meetings: The chair may like to take a moment to pay tribute Employment and Training Administra- call additional meetings, after consulting to Robert D. Foreman who has served tion, is leaving after 33 years of Fed- with the ranking minority member. Sub- as a health advisor to me for the past eral service. In his capacity as Budget committee chairs may call meetings, with Officer, he controlled the formulation, the concurrence of the chair, after con- 8 years. Rob came to my staff after dis- sulting with the ranking minority members tinguished service in the House of Rep- justification, and execution of some $10 billion of our taxpayers’ funds in a of the subcommittee and the committee. resentatives, in the Executive Branch, (c) Presiding Officer: manner that set him apart for his pro- and in a national trade association. (1) The chair shall preside at all meetings I suppose that Rob’s experience staff- fessionalism and courtesy. He has per- of the committee. If the chair is not present, ing Medicaid and Medicare issues for sonally assisted the Appropriations the ranking majority member shall preside. me, and earlier for our colleagues on Committee time and time again, and (2) Subcommittee chairs shall preside at has been especially helpful when the all meetings of their subcommittees. If the the House Interstate and Foreign Com- subcommittee chair is not present, the rank- merce Committee, now called the En- chips were down and information was desperately needed to make our bills ing majority member of the subcommittee ergy and Commerce Committee, have shall preside. prepared him well for his new assign- and reports come together. (3) Notwithstanding the rule prescribed by ment as President George W. Bush’s A native of Albuquerque, NM, Jess’ paragraphs (1) and (2), any member of the Director of the Office of Legislative Af- career began with a four-year stint in committee may preside at a hearing. fairs at the Centers for Medicare and the Air Force. Following this, he en- (d) Open Meetings: Meetings of the com- mittee and subcommittees, including hear- Medicaid Services. I am confident that tered public service with the New Mex- ico State Employment Security Agen- ings and business meetings, are open to the he will be a great asset to Secretary public. A portion of a meeting may be closed Thompson, Administrator Scully, and cy, after which he joined the Depart- ment of Labor. He and his wife, Myra, to the public if the committee determines by the President as they work to preserve roll call vote of a majority of the members and strengthen Medicare, and confront are retiring to San Juan, PR, and I, present that the matters to be discussed or the many challenges facing the Center and the other members and staff of the the testimony to be taken for Medicare and Medicaid Services, Appropriations Committee, wish them (1) will disclose matters necessary to be CMS. all the best, and offer a heartfelt kept secret in the interests of national de- fense or the confidential conduct of the for- Rob is able to grasp complex issues thanks for a career devoted to serving the American people. eign relations of the United States; and use his keen sense of humor to (2) relate solely to matters of committee bring together parties with differing f staff personnel or internal staff management views on pending legislation. With his or procedure; or research and command of the legisla- LOCAL LAW ENFORCEMENT ACT (3) constitute any other grounds for clo- tive process, he has helped us make sig- OF 2001 sure under paragraph 5(b) of Senate Rule nificant contributions during the past Mr. SMITH of Oregon. Mr. President, XXVI. (e) Broadcasting: eight years on many key pieces of leg- I rise today to speak about hate crimes (1) Public meetings of the committee or a islation including the defeat of the legislation I introduced with Senator subcommittee may be televised, broadcast, Health Security Act and enactment of KENNEDY in March of this year. The or recorded by a member of the Senate press the Children’s Health Insurance Pro- Local law Enforcement Act of 2001 gallery or an employee of the Senate. gram, the Health Insurance Portability would add new categories to current (2) Any member of the Senate Press Gal- and Accountability Act of 1996, the hate crimes legislation sending a sig- lery or employee of the Senate wishing to Balanced Budget Act amendments and nal that violence of any kind is unac- televise, broadcast, or record a committee ceptable in our society. meeting must notify the staff director or the subsequent revisions, and the Skilled staff director’s designee by 5:00 p.m. the day Nursing Facility legislation. I would like to describe a terrible before the meeting. I also have been able to count on Rob crime that occurred December 8, 1994 in (3) During public meetings, any person to be a powerful advocate for the dis- Medford, OR. A man who said he using a camera, microphone, or other elec- abled, and the less fortunate, and to be thought their lifestyle was ‘‘sick’’ tronic equipment may not position or use my liaison with my Disability Advi- killed two prominent lesbian activists, the equipment in a way that interferes with sory Committee in Utah. He also has who had been domestic partners for the seating, vision, or hearing of committee been a tireless advocate for Native many years. members or staff on the dais, or with the or- derly process of the meeting. Americans and has enhanced my work I believe that government’s first duty on the Committee on Indian Affairs. is to defend its citizens, to defend them RULE 2. QUORUMS For those who have been blessed to against the harms that come out of (a) Business Meetings: At committee busi- work with Rob, they understand that hate. The Local Law Enforcement En- ness meetings, and for the purpose of approv- ing the issuance of a subpoena or approving beneath the soft-spoken, dedicated hancement Act of 2001 is now a symbol a committee resolution, six members, at work of this kind man is the caring that can become substance. I believe least two of whom are members of the mi- heart of a true gentleman. He is a man that by passing this legislation, we can nority party, constitute a quorum, except as you can genuinely trust, a man of his change hearts and minds as well. provided in subsection (d). July 25, 2001 CONGRESSIONAL RECORD — SENATE S8199 (b) Subcommittee Meetings: At sub- notice and filing requirements to meet spe- as amended, for construction (including con- committee business meetings, a majority of cial circumstances, with the concurrence of struction of buildings for lease by the gov- the subcommittee members, at least one of the ranking member of the committee or ernment), alteration and repair, or acquisi- whom is a member of the minority party, subcommittee. tion, the committee shall act with respect to constitutes a quorum for conducting busi- RULE 5. BUSINESS MEETINGS: VOTING the prospectus during the same session in ness. which the prospectus is submitted. (a) Proxy Voting: (c) Continuing Quorum: Once a quorum as A prospectus rejected by majority vote of (1) Proxy voting is allowed on all meas- prescribed in subsections (a) and (b) has been the committee or not reported to the Senate ures, amendments, resolutions, or other mat- established, the committee or subcommittee during the session in which it was submitted ters before the committee or a sub- may continue to conduct business. shall be returned to the GSA and must then committee. (d) Reporting: No measure or matter may be resubmitted in order to be considered by (2) A member who is unable to attend a be reported to the Senate by the committee the committee during the next session of the business meeting may submit a proxy vote unless a majority of committee members Congress. on any matter, in writing, orally, or through cast votes in person. (2) A report of a building project survey personal instructions. (e) Hearings: One member constitutes a submitted by the General Services Adminis- (3) A proxy given in writing is valid until quorum for conducting a hearing. tration to the committee under section 11(b) revoked. A proxy given orally or by personal RULE 3. HEARINGS of the Public Buildings Act of 1959, as instructions is valid only on the day given. (a) Announcements: Before the committee amended, may not be considered by the com- (b) Subsequent Voting: Members who were or a subcommittee holds a hearing, the chair mittee as being a prospectus subject to ap- not present at a business meeting and were of the committee or subcommittee shall proval by committee resolution in accord- unable to cast their votes by proxy may make a public announcement and provide ance with section 7(a) of that Act. A project record their votes later, so long as they do so notice to members of the date, place, time, described in the report may be considered for that same business day and their vote does and subject matter of the hearing. The an- committee action only if it is submitted as a not change the outcome. nouncement and notice shall be issued at prospectus in accordance with section 7(a) (c) Public Announcement: least one week in advance of the hearing, un- and is subject to the provisions of paragraph (1) Whenever the committee conducts a less the chair of the committee or sub- (1) of this rule. rollcall vote, the chair shall announce the committee, with the concurrence of the (d) Naming Public Facilities: The com- results of the vote, including a tabulation of ranking minority member of the committee mittee may not name a building, structure the votes cast in favor and the votes cast or subcommittee, determines that there is or facility for any living person, except against the proposition by each member of good cause to provide a shorter period, in former Presidents or former Vice Presidents the committee. which event the announcement and notice of the United States, former Members of (2) Whenever the committee reports any shall be issued at least twenty-four hours in Congress over 70 years of age, or former Jus- measure or matter by rollcall vote, the re- advance of the hearing. tices of the United States Supreme Court port shall include a tabulation of the votes (b) Statements of Witnesses: over 70 years of age. (1) A witness who is scheduled to testify at cast in favor of and the votes cast in opposi- a hearing of the committee or a sub- tion to the measure or matter by each mem- RULE 8. AMENDING THE RULES committee shall file 100 copies of the written ber of the committee. The rules may be added to, modified, amended, or suspended by vote of a majority testimony at least 48 hours before the hear- RULE 6. SUBCOMMITTEES ing. If a witness fails to comply with this re- of committee members at a business meeting (a) Regularly Established Subcommittees: if a quorum is present. quirement, the presiding officer may pre- The committee has four subcommittees: clude the witness’ testimony. This rule may Clean Air, Wetlands, and Climate Change: f be waived for field hearings, except for wit- Transportation, Infrastructure, and Nuclear HEALTH CARE PROFESSIONALS AS nesses from the Federal Government. Safety; Fisheries, Wildlife, and Water; and (2) Any witness planning to use at a hear- VOLUNTEERS Superfund, Toxics, Risk and Waste Manage- ing any exhibit such as a chart, graph, dia- ment. Mr. WYDEN. Mr. President, when gram, photo, map, slide, or model must sub- (b) Membership: The committee chair, Americans see people in need, their mit one identical copy of the exhibit (or rep- after consulting with the ranking minority resentation of the exhibit in the case of a first instinct is to help. It is the kind member, shall select members of the sub- model) and 100 copies reduced to letter or of attitude that makes our Nation committees. legal paper size at least 48 hours before the great. But imagine if you had the hearing. Any exhibit described above that is RULE 7. STATUTORY RESPONSIBILITIES AND knowledge and the tools to help some- not provided to the committee at least 48 OTHER MATTERS one in need—but weren’t permitted to hours prior to the hearing cannot be used for (a) Environmental Impact Statements: No lend a hand. purpose of presenting testimony to the com- project or legislation proposed by any execu- Health care professionals all across mittee and will not be included in the hear- tive branch agency may be approved or oth- our country are prevented from donat- ing record. erwise acted upon unless the committee has ing their services in the free clinics (3) The presiding officer at a hearing may received a final environmental impact state- have a witness confine the oral presentation ment relative to it, in accordance with sec- that serve those most desperate for to a summary of the written testimony. tion 102(2)(C) of the National Environmental medical care, because these practi- (4) Notwithstanding a request that a docu- Policy Act, and the written comments of the tioners do not have malpractice cov- ment be embargoed, any document that is to Administrator of the Environmental Protec- erage that will cover their work in vol- be discussed at a hearing, including, but not tion Agency, in accordance with section 309 unteer clinics. Today, I urge Secretary limited to, those produced by the General of the Clean Air Act. This rule is not in- Tommy Thompson and his Department Accounting Office, Congressional Budget Of- tended to broaden, narrow, or otherwise fice, Congressional Research Service, a Fed- of Health and Human Services to finish modify the class of projects or legislative a job that Congress started 5 years ago eral agency, an Inspector General, or a non- proposals for which environmental impact governmental entity, shall be provided to all statements are required under section and solve this problem once and for all. members of the committee at least 72 hours 102(2)(C). For several years now, doctors and before the hearing. (b) Project Approvals: dentists in Oregon have been calling RULE 4. BUSINESS MEETINGS: NOTICE AND (1) Whenever the committee authorizes a me, saying they want to give back to FILING REQUIREMENTS project under Public Law 89–298, the Rivers their communities by volunteering in (a) Notice: The chair of the committee or and Harbors Act of 1965; Public Law 83–566, free clinics, but are not allowed to do the subcommittee shall provide notice, the the Watershed Protection and Flood Preven- so. I also have been contacted by an or- agenda of business to be discussed, and the tion Act; or Public Law 86–249, the Public ganization—Volunteers in Medicine— Buildings Act of 1959, as amended; the chair- text of agenda items to members of the com- that operates free clinics across the mittee or subcommittee at least 72 hours be- man shall submit for printing in the Con- fore a business meeting. If the 72 hours falls gressional Record, and the committee shall country. They know of many health over a weekend, all materials will be pro- publish periodically as a committee print, a care providers who want to volunteer vided by close of business on Friday. report that describes the project and the rea- but cannot. (b) Amendments: First-degree amendments sons for its approval, together with any dis- When Congress passed the Health In- must be filed with the chair of the com- senting or individual views. surance Portability and Accountability mittee or the subcommittee at least 24 hours (2) Proponents of a committee resolution Act, or HIPAA, in 1996, one small provi- before a business meeting. After the filing shall submit appropriate evidence in favor of sion was included, aimed at helping the resolution. deadline, the chair shall promptly distribute health care providers who wanted to all filed amendments to the members of the (c) Building Prospectuses: committee or subcommittee. (1) When the General Services Administra- volunteer in free clinics but were con- (c) Modifications: The chair of the com- tion submits a prospectus, pursuant to sec- cerned about malpractice claims. Sec- mittee or the subcommittee may modify the tion 7(a) of the Public Buildings Act of 1959, tion 194 of HIPAA would let free clinics S8200 CONGRESSIONAL RECORD — SENATE July 25, 2001 apply to the Secretary of Health and ADDITIONAL STATEMENTS TRIBUTE TO MOUNTAIN VALLEY Human Services to have health pro- MEDICAL CLINIC viders certified and given immunity ∑ Mr. JEFFORDS. Mr. President, right from malpractice claims. TRIBUTE TO COLONEL JEFFREY A. now in my home state of Vermont, a This small provision could be a big WAITE very special institution, the Mountain help to the uninsured and those who ∑ Mr. BOND. Mr. President, it is with Valley Medical Clinic, MVMC, in Lon- count on free clinics for health care. great pleasure that I rise today to pay donderry, VT, is celebrating 25 years of The problem is, this provision of special tribute to an outstanding sol- service. Rural clinics such as Mountain HIPAA has been overlooked and regu- dier who has distinguished himself in Valley, play a critical role in deliv- lations for this section—detailing how his service to our Nation. Colonel Jef- ering health care, especially in States the legislation should be imple- frey A. Waite will take off his uniform as rural as Vermont. mented—were never written. Twenty-five years ago, it was not un- for the last time this month as he re- usual for communities such as London- I am sending a letter to Secretary tires from the National Guard on July derry, to receive health care through a Thompson calling on him to get those 31st, 2001, following 32 years of service. single practitioner, who serviced the regulations written and published as Colonel Waite is a fifth generation region. In 1976, as Londonderry’s sole soon as possible. This should not be dif- Missourian who makes our State practitioner, Dr. Elizabeth Pingree, ficult. Legislation passed in 1992, which proud. He began his career by enlisting extended the Tort Claims Act coverage was retiring, the impending lack of in the Missouri Army National Guard health care in the area became a real to volunteers in community health in 1969 and continued to excel as he centers, can serve as a model. concern. A group of involved citizens climbed through the ranks to Colonel. recognized that people would either be Congress did the right thing in 1996 in He imparted his love of the State and recognizing this problem, but we need forced to drive great distances to be to the military to his son, who is now seen by a physician, or they would go to finish the job. Two things need to the sixth generation of Waite’s to serve happen now. We need those regulations without care. The entire community our Nation’s military. He is a proud responded by coming together to create published, and Congress needs to appro- Missourian and American. priate funding for the provision. the Mountain Valley Medical Clinic. Colonel Waite completed his initial The founding fathers, and mothers, of This will not solve the problems of training at Ft. Bragg, NC and Aberdeen Mountain Valley recognized the rap- the more than 40 million Americans Proving Ground, MD in the spring of idly expanding need for improved and without health insurance, but it sure 1970 and was commissioned through the broader health care services in the could make a big difference in making Missouri Military Academy Officer area. With tireless energy, enthusiasm care more accessible. It could make a Candidate School as a Second Lieuten- and dedication, these key individuals big difference in the lives of the many ant of Field Artillery in 1972. He holds succeeded in generating widespread health professionals who want to give a bachelor of science degree in business support throughout the neighboring back to their communities. administration from Southwest Mis- communities. They raised funds, devel- I again want to urge Secretary souri State College and a master of oped plans, created a board of volun- Thompson today to get these regula- science in business administration teers, and opened a state-of-the-art, tions published as soon as possible. For from Boston University. In addition, comprehensive, health care facility to my part, I intend to stay on the job to his military education includes the Or- serve area residents and visitors. Addi- assure his Department has funding for dinance Officer Basic and Advanced tionally, they created an infrastruc- this provision. courses, U.S. Marine Corps Staff ture that served all citizens regardless Course, U.S. Army Command and Gen- of their ability to pay. f eral Staff Course, the Air War College, Since opening its doors in 1976, more and the Army War College. than 300,000 patients have visited this THE VERY BAD DEBT BOXSCORE Throughout his career, Colonel Waite clinic for care. Over the recent decade, has held a variety of positions at near- more than 11,000 per year have sought Mr. HELMS. Mr. President, at the ly every level of the Army National medical assistance. Much of the cost of close of business yesterday, Tuesday, Guard. He entered active duty with the the care has been curtailed by Medi- July 24, 2001, the Federal debt stood at National Guard ‘‘Captains to Europe’’ care, Medicaid, or provided without re- $5,724,984,658,043.75, five trillion, seven program where he served abroad in imbursement. Staying true to its mis- hundred twenty-four billion, nine hun- Giessen, Germany with the 19th Main- sion, the dedicated staff and volunteer dred eighty-four million, six hundred tenance Battalion as an Armament Board of Directors balanced financial fifty-eight thousand, forty-three dol- Maintenance Officer and Battalion Lo- losses, each and every year, with the lars and seventy-five cents. gistics Officer. Colonel Waite is also to generous support of the community. One year ago, July 24, 2000, the Fed- be recognized for his service as Assist- As a model rural health care facility, eral debt stood at $5,668,098,000,000, five ant Professor of Military Science, Mountain Valley reminds us that big- trillion, six hundred sixty-eight billion, Hofstra University, an important pro- ger, faster, cheaper, and fancier, do not ninety-eight million. gram for developing the soldiers of our necessarily translate to better health Five years ago, July 24, 1996, the Fed- future. care. In fact, many part-time residents eral debt stood at $5,173,226,000,000, five Throughout his career, Colonel in this community consider Mountain trillion, one hundred seventy-three bil- Waite’s level of commitment and serv- Valley to be their primary care pro- lion, two hundred twenty-six million. ice has been recognized and rewarded vider, even though, or perhaps because, Ten years ago, July 24, 1991, the Fed- through numerous decorations and they reside in large cities up and down eral debt stood at $3,551,395,000,000, awards. Colonel Waite has dem- the east coast. I wish other institu- three trillion, five hundred fifty-one onstrated the utmost patriotism and tions could follow the example of billion, three hundred ninety-five mil- dedication and has consistently gone Mountain Valley Health Clinic. lion. above and beyond the call of duty. As this noteworthy institution cele- Fifteen years ago, July 24, 1986, the Colonel Waite’s retirement rep- brates its 25th anniversary, it remains Federal debt stood at $2,071,116,000,000, resents a loss to the both the National one of a kind. It is unique among its two trillion, seventy-one billion, one Guard Bureau and the Department of peers throughout the country for its hundred sixteen million, which reflects Defense. Throughout his career, Colo- philosophy and independence, but most a debt increase of more than $3.5 tril- nel Waite made innumerable long-term of all, because it is the product of so lion, $3,653,868,658,043.75, three trillion, positive contributions to both the mili- many remarkable people and ideas. It six hundred fifty-three billion, eight tary and our Nation. On behalf of the is truly part of the communities it hundred sixty-eight million, six hun- citizens of Missouri and a grateful Na- serves. Residents and visitors in the dred fifty-eight thousand, forty-three tion, we wish Colonel Jeffrey A. Waite, Mountain Valley service area have dollars and seventy-five cents during his wife Lori, and four children all the much to be proud of, and grateful for, the past 15 years. best for a happy retirement.∑ with the steadfast medical care given July 25, 2001 CONGRESSIONAL RECORD — SENATE S8201 by the professionals and staff at Moun- watching the success that will follow related programs for the fiscal year ending tain Valley Medical Clinic.∑ him in this next endeavor. New Hamp- September 30, 2002, and for other purposes; to the Committee on Appropriations. f shire, New England and the Nation are truly fortunate to have such a dedi- f TRIBUTE TO COMMISSIONER cated environmental leader take on the ROBERT W. VARNEY ENROLLED BILLS PRESENTED vitally important role of EPA Regional The Secretary of the Senate reported ∑ Mr. SMITH of New Hampshire. Mr. Administrator, and I am certain he will that on today, July 25, 2001, she had President, I rise today to pay tribute execute this duty with comparable dis- presented to the President of the to an esteemed colleague and dear tinction. It is with pleasure that I ex- United States the following enrolled friend, Robert W. Varney, Commis- tend my deepest congratulations and bills: sioner of the New Hampshire Depart- hope for future success.∑ S. 468. An act to designate the Federal ment of Environmental Services, f NHDES, on being appointed Regional building located at 6230 Van Nuys Boulevard MESSAGES FROM THE PRESIDENT in Van Nuys, California, as the ‘‘James C. Administrator for the Environmental Corman Federal Building.’’ Protection Agency, EPA—New Eng- Messages from the President of the S. 1190. An act to amend the Internal Rev- land. United States were communicated to enue Code of 1986 to rename the education Mr. Varney has served the Granite the Senate by Mr. Williams, one of his individual retirement accounts as the Cover- State as Commissioner of NHDES since secretaries. dell education savings account. July of 1989, having been appointed by f f three Governors, JUDD GREGG, Steve EXECUTIVE MESSAGES REFERRED EXECUTIVE AND OTHER Merrill and Jeanne Shaheen, with the COMMUNICATIONS unanimous approval of the Executive As in executive session the Presiding Council. Mr. Varney was responsible Officer laid before the Senate messages The following communications were for the great task of overseeing all of from the President of the United laid before the Senate, together with New Hampshire’s air, water and waste States submitting sundry nominations accompanying papers, reports, and doc- programs issues. He is recognized na- which were referred to the appropriate uments, which were referred as indi- tionally as an environmental leader, committees. cated: and has presided over countless pres- (The nominations received today are EC–3055. A communication from the Dep- tigious environmental committees and printed at the end of the Senate pro- uty Administrator of the General Service ceedings.) Administration, transmitting, pursuant to organizations, including President of law, a report relative to a Building Project the Environmental Council of the f Survey for Jefferson City, MO; to the Com- States, ECOS, the National Organiza- MESSAGES FROM THE HOUSE mittee on Energy and Natural Resources. tion of State Environmental Commis- EC–3056. A communication from the Direc- sioners and has served on the National ENROLLED BILLS SIGNED tor of the Office of Management and Budget, Environmental Justice Advisory Coun- At 10:46 a.m., a message from the Executive Office of the President, transmit- cil. House of Representatives, delivered by ting, pursuant to law, a report relative to While his national recognition is Ms. Niland, one of its reading clerks, the Manufactured Housing Program User Fee Authority; to the Committee on the Budget. commendable, Mr. Varney’s prowess in announced that the Speaker has signed EC–3057. A communication from the Direc- the New England region has been dem- the following enrolled bills: tor of the Office of Management and Budget, onstrated by his high ranking positions S. 468. An act to designate the Federal Executive Office of the President, transmit- on numerous regional organizations building located at 6230 Van Nuys Boulevard ting, pursuant to law, a cumulative report such as the Gulf of Maine Council on in Van Nuys, California, as the ‘‘James C. on rescissions and deferrals dated July 24, the Marine Environment, the Ozone Corman Federal Building.’’ 2001; to the Committees on Appropriations; Transport Commission, the New Eng- H.R. 2131. An act to reauthorize the Trop- the Budget; and Foreign Relations. EC–3058. A communication from the Acting land Governors Conference Environ- ical Forest Conservation Act of 1998 through fiscal year 2004, and for other purposes. Commissioner of the Social Security Admin- ment Committee, and the New England S. 1190. An act to amend the Internal Rev- istration, transmitting, pursuant to law, the Interstate Water Pollution Control enue Code of 1986 to rename the education report of a nomination for the position of Commission, just to name a few. In individual retirement accounts as the Cover- Commissioner of Social Security, received June 2000, his efforts to partner with dell education savings accounts. on July 23, 2001; to the Committee on Fi- the private sector were recognized The enrolled bills were signed subse- nance. when he was presented with the Paul EC–3059. A communication from the Chief quently by the President pro tempore of the Regulations Unit, Internal Revenue Keough Environmental Award for Gov- (Mr. BYRD). Service, Department of the Treasury, trans- ernment Service by the Environmental mitting, pursuant to law, the report of a rule Business Council of New England. At 1:34 p.m., a message from the entitled ‘‘Revision to Rev. Proc. 2001–2’’ As former Chairman and current House of Representatives, delivered by (Rev. Proc. 2001–41) received on July 23, 2001; ranking member of the Senate Com- Mr. Hays, one of its reading clerks, an- to the Committee on Finance. mittee on Environment and Public nounced that the House has passed the EC–3060. A communication from the Chief Works, and one time Chairman of the following bill, in which it requests the of the Regulations Unit, Internal Revenue Superfund Sub-committee, I have had Service, Department of the Treasury, trans- concurrence of the Senate: mitting, pursuant to law, the report of a rule the pleasure of working quite closely H.R. 2506. An act making appropriations entitled ‘‘Exxon v. Commissioner’’ received with Mr. Varney on a wide range of for foreign operations, export financing, and on July 24, 2001; to the Committee on Fi- issues. On numerous occasions I have related programs for the fiscal year ending nance. depended on his far-reaching environ- September 30, 2002, and for other purposes. EC–3061. A communication from the Under mental expertise to testify before Con- The message also announced that Secretary of Defense, Personnel and Readi- gress on key issues such as the dangers pursuant to 10 U.S.C. 4355(a), the ness, transmitting, pursuant to law, a report of the fuel additive MTBE, the current Speaker appoints the following Mem- relative to the Parity of Pay between Active status of superfund cleanup activities and Reserve Component members of the ber of the House of Representatives to Armed Forces based on length of time on ac- and on successful state environmental the Board of Visitors to the United tive duty; to the Committee on Armed Serv- programs. States Military Academy: Mrs. ices. With the help of Mr. Varney’s leader- TAUSCHER of California. EC–3062. A communication from the Sec- ship, New Hampshire has become, and f retary of the Navy, transmitting, pursuant continues to be, a front-runner in ex- to law, a report relative to the current unit ploring innovative, low-cost tech- MEASURES REFERRED cost of a major defense acquisition program nologies while reaping the benefits of The following bill was read the first that has increased by at least 15 percent; to the Committee on Armed Services. developing successful Federal and and the second times by unanimous EC–3063. A communication from the Dep- State relationships. I commend Mr. consent, and referred as indicated: uty Secretary of Defense, transmitting, the Varney for his exemplary service to H.R. 2506. An act making appropriations report of retirements; to the Committee on New Hampshire, and look forward to for foreign operations, export financing, and Armed Services. S8202 CONGRESSIONAL RECORD — SENATE July 25, 2001 EC–3064. A communication from the Direc- a vacancy and the designation of service in Alaska’’ received on July 23, 2001; to the tor of the Office of Regulations Management, acting role for the position of Administrator Committee on Commerce, Science, and Veterans’ Benefits Administration, Depart- of the Drug Enforcement Administration, re- Transportation. ment of Veterans’ Affairs, transmitting, pur- ceived on July 23, 2001; to the Committee on EC–3087. A communication from the Gen- suant to law, the report of a rule entitled the Judiciary. eral Counsel of the Consumer Product Safety ‘‘Increase in Rates Payable Under the Mont- EC–3076. A communication from the White Commission, transmitting, pursuant to law, gomery GI Bill—Selected Reserve’’ (RIN2900– House Liaison for the Department of Justice, the report of a rule entitled ‘‘Revision of AK40) received on July 23, 2001; to the Com- transmitting, pursuant to law, the report of Laundering Procedures in (1) the Standard mittee on Veterans’ Affairs. a change in previously submitted reported for Flammability of Children’s Sleepwear; (2) EC–3065. A communication from the Direc- information and the designation of acting of- the Standard for Flammability of Mattresses tor of the Office of Regulations Management, ficer for the position of Administrator of the and Mattress Pads; and (3) the Standard for Board of Veterans’ Appeals, Department of Drug Enforcement Administration, received Flammability of Carpets and Rugs’’ Veterans’ Affairs, transmitting, pursuant to on July 23, 2001; to the Committee on the Ju- (RIN3041–AB69) received on July 23, 2001; to law, the report of a rule entitled ‘‘Rules of diciary. the Committee on Commerce, Science, and Practice: Medical Opinions from the Vet- EC–3077. A communication from the White Transportation. erans Health Administration’’ (RIN2900– House Liaison for the Department of Edu- EC–3088. A communication from the Gen- AK52) received on July 23, 2001; to the Com- cation, transmitting, pursuant to law, the eral Counsel of the Consumer Product Safety mittee on Veterans’ Affairs. report of a nomination confirmed for the po- Commission, transmitting, pursuant to law, EC–3066. A communication from the Acting sition of Assistant Secretary of the Office of the report of a rule entitled ‘‘Revisions to Assistant Administrator of the Environ- Elementary and Secondary Education, re- Automatic Residential Garage Door Oper- mental Protection Agency, transmitting, ceived on July 23, 2001; to the Committee on ator Standard’’ (RIN3041–AB86) received on pursuant to law, the report of a nomination Health, Education, Labor, and Pensions. July 23, 2001; to the Committee on Com- for the position of General Counsel, received EC–3078. A communication from the White merce, Science, and Transportation. on July 23, 2001; to the Committee on Envi- House Liaison for the Department of Edu- EC–3089. A communication from the Senior ronment and Public Works. cation, transmitting, pursuant to law, the Legal Advisor to the Mass Media Bureau EC–3067. A communication from the Acting report of a nomination confirmed for the po- Chief, Federal Communications Commission, Assistant Administrator of the Environ- sition of Assistant Secretary of the Office of transmitting, pursuant to law, the report of mental Protection Agency, transmitting, Legislation and Congressional Affairs, re- a rule entitled ‘‘Amendment of Section pursuant to law, the report of a nomination ceived on July 23, 2001; to the Committee on 73.202(b), Table of Allotments, FM Broadcast for the position of Assistant Administrator Health, Education, Labor, and Pensions. Stations; West Hurley, Rosendale and for Water, received on July 23, 2001; to the EC–3079. A communication from the White Rhinebeck, New York, and North Canaan and Committee on Environment and Public House Liaison for the Department of Edu- Sharon, Connecticut’’ (Doc. No. 97–178) re- Works. cation, transmitting, pursuant to law, the ceived on July 24, 2001; to the Committee on EC–3068. A communication from the Acting report of a nomination confirmed for the po- Commerce, Science, and Transportation. Assistant Administrator of the Environ- sition of Under Secretary, received on July EC–3090. A communication from the Senior mental Protection Agency, transmitting, 23, 2001; to the Committee on Health, Edu- Legal Advisor to the Mass Media Bureau pursuant to law, the report of a nomination cation, Labor, and Pensions. Chief, Federal Communications Commission, confirmed for the position of Assistant Ad- EC–3080. A communication from the White transmitting, pursuant to law, the report of ministrator for Prevent, Pesticides, and House Liaison for the Department of Edu- a rule entitled ‘‘Amendment of Section Toxic Substances, received on July 23, 2001; cation, transmitting, pursuant to law, the 73.202(b), Table of Allotments, FM Broadcast to the Committee on Environment and Pub- report of a nomination confirmed for the po- Stations; Wallace, Idaho and Bigfork, Mon- lic Works. sition of Assistant Secretary of the Office of tana’’ (Doc. No. 98–159) received on July 24, EC–3069. A communication from the Acting Educational Research and Improvement, re- 2001; to the Committee on Commerce, Assistant Administrator of the Environ- ceived on July 23, 2001; to the Committee on Science, and Transportation. mental Protection Agency, transmitting, Health, Education, Labor, and Pensions. EC–3091. A communication from the Senior pursuant to law, the report of a nomination EC–3081. A communication from the Direc- Legal Advisor to the Mass Media Bureau for the position of Assistant Administrator tor of the National Science Foundation, Chief, Federal Communications Commission, for Enforcement and Compliance Assurance, transmitting, a draft of proposed legislation transmitting, pursuant to law, the report of received on July 23, 2001; to the Committee entitled ‘‘National Science Foundation Au- a rule entitled ‘‘Amendment of Section on Environment and Public Works. thorization Act for Fiscal Years 2002 and 73.202(b), Table of Allotments, FM Broadcast EC–3070. A communication from the Acting 2003’’; to the Committee on Health, Edu- Stations; Kingman and Dolan Springs, Ari- Assistant Administrator of the Environ- cation, Labor, and Pensions. zona’’ (Doc. No. 01–63) received on July 24, mental Protection Agency, transmitting, EC–3082. A communication from the Chair- 2001; to the Committee on Commerce, pursuant to law, the report of a nomination man of the National Foundation on the Arts Science, and Transportation. for the position of Assistant Administrator and the Humanities, transmitting, pursuant EC–3092. A communication from the Assist- for International Activities, received on July to law, a report relative to the Arts and Arti- ant Secretary of Legislative Affairs, Depart- 23, 2001; to the Committee on Environment facts Indemnity Program for Fiscal Year ment of State, transmitting, pursuant to and Public Works. 2000; to the Committee on Health, Education, law, the certification of a proposed license EC–3071. A communication from the Chair- Labor, and Pensions. for the export of defense articles or defense man of the Federal Trade Commission, EC–3083. A communication from the Sec- services sold commercially under a contract transmitting, pursuant to law, the report of retary of Transportation, transmitting, pur- in the amount of $50,000,000 or more to the the Office of the Inspector General for the suant to law, a report relative to the evalua- United Kingdom; to the Committee on For- period beginning October 1, 2000 through tion of driver licensing information pro- eign Relations. March 31, 2001; to the Committee on Govern- grams and assessment of technologies dated EC–3093. A communication from the Assist- mental Affairs. July 23, 2001; to the Committee on Com- ant Secretary of Legislative Affairs, Depart- EC–3072. A communication from the Execu- merce, Science, and Transportation. ment of State, transmitting, pursuant to tive Director of the Committee for Purchase EC–3084. A communication from the Assist- law, the report of the certification of a pro- From People Who Are Blind or Severely Dis- ant Secretary of Legislative Affairs, Depart- posed license for the export of defense arti- abled, transmitting, pursuant to law, the re- ment of State, transmitting, pursuant to cles or services sold commercially under con- port of additions to the procurement list; to law, a report concerning the withdrawal of tract in the amount of $50,000,000 or more to the Committee on Governmental Affairs. certification for Indonesia pursuant to the Kazakhstan and Russia; to the Committee on EC–3073. A communication from the Acting present sea turtle protection program; to the Foreign Relations. General Counsel of the United States Office Committee on Commerce, Science, and EC–3094. A communication from the Assist- of Personnel Management, transmitting, Transportation. ant Secretary of Legislative Affairs, Depart- pursuant to law, the report of a nomination EC–3085. A communication from the Execu- ment of State, transmitting, pursuant to confirmed for the position of Director, re- tive Director of the Amtrak Reform Council, law, a report relative to the elimination of ceived on July 23, 2001; to the Committee on transmitting, a report relative to institu- the fifteen percent danger pay allowance for Governmental Affairs. tional and management changes; to the Com- Belgrade and Yugoslavia; to the Committee EC–3074. A communication from the White mittee on Commerce, Science, and Transpor- on Foreign Relations. House Liaison for the Department of Justice, tation. transmitting, pursuant to law, the report of EC–3086. A communication from the Acting f a nomination for the position of Chairman of Director of the Office of Sustainable Fish- REPORTS OF COMMITTEES the Foreign Claims Settlement Commission, eries, National Marine Fisheries Service, De- received on July 23, 2001; to the Committee partment of Commerce, transmitting, pursu- The following reports of committees on the Judiciary. ant to law, the report of a rule entitled were submitted: EC–3075. A communication from the White ‘‘Fisheries of the Exclusive Economic Zone By Mr. LEAHY, from the Committee on House Liaison for the Department of Justice, Off Alaska—Closes Pacific Ocean Perch Fish- the Judiciary, with an amendment in the na- transmitting, pursuant to law, the report of ery in the West Yakutat District, Gulf of ture of a substitute: July 25, 2001 CONGRESSIONAL RECORD — SENATE S8203

S. 407: A bill to amend the Trademark Act for other purposes; to the Committee on En- S. 122 of 1946 to provide for the registration and ergy and Natural Resources. At the request of Mr. CAMPBELL, the protection of trademarks used in commerce, By Mr. SPECTER: name of the Senator from Maine (Ms. S. 1241. A bill to amend the Fair Labor in order to carry out provisions of certain SNOWE) was added as a cosponsor of S. Standards Act of 1938 to permit certain international conventions, and for other pur- 122, a bill to prohibit a State from de- poses (Rept. No. 107–46). youth to perform certain work with wood By Mr. HARKIN, from the Committee on products; to the Committee on Health, Edu- termining that a ballot submitted by Agriculture, Nutrition, and Forestry, with- cation, Labor, and Pensions. an absent uniformed services voter was out amendment: By Mr. SCHUMER (for himself and Mr. improperly or fraudulently cast unless S. 1246: An original bill to respond to the ALLARD): that State finds clear and convincing continuing economic crisis adversely affect- S. 1242. A bill to amend the Fair Credit Re- evidence of fraud, and for other pur- ing American agricultural producers. porting Act to provide for disclosure of cred- poses. it-scoring information by creditors and con- f sumer reporting agencies; to the Committee S. 159 At the request of Mrs. BOXER, the EXECUTIVE REPORT OF on Banking, Housing, and Urban Affairs. name of the Senator from Minnesota COMMITTEE By Mr. GRAHAM (for himself, Mr. MURKOWSKI, Mr. REID, Mr. NELSON of (Mr. DAYTON) was added as a cosponsor The following executive report of Florida, Mr. INHOFE, Mr. WARNER, of S. 159, a bill to elevate the Environ- committee was submitted: and Mr. BURNS): mental Protection Agency to a cabinet By Mr. BINGAMAN for the Committee on S. 1243. A bill to amend the Internal Rev- level department, to redesignate the Energy and Natural Resources. enue Code of 1986 to treat spaceports like air- ports under the exempt facility bond rules; Environmental Protection Agency as *Dan R. Brouillette, of Louisiana, to be an to the Committee on Finance. the Department of Environmental Pro- Assistant Secretary of Energy (Congres- By Mr. KENNEDY (for himself, Ms. tection Affairs, and for other purposes. sional and Intergovernmental Affairs). SNOWE, Mr. ROCKEFELLER, Mr. S. 258 *Nomination was reported with rec- CHAFEE, Ms. COLLINS, Mr. DASCHLE, ommendation that it be confirmed subject to At the request of Ms. SNOWE, the Mr. BAUCUS, Mr. BREAUX, Mr. the nominee’s commitment to respond to re- name of the Senator from Louisiana TORRICELLI, Mrs. LINCOLN, Mr. quests to appear and testify before any duly (Ms. LANDRIEU) was added as a cospon- GRAHAM, Mr. BINGAMAN, Mr. KERRY, constituted committee of the Senate. sor of S. 258, a bill to amend title XVIII Mrs. CLINTON, and Mr. CORZINE): f S. 1244. A bill to amend titles XIX and XXI of the Social Security Act to provide of the Social Security Act to provide for for coverage under the medicare pro- INTRODUCTION OF BILLS AND FamilyCare coverage for parents of enrolled gram of annual screening pap smear JOINT RESOLUTIONS children, and for other purposes; to the Com- and screening pelvic exams. The following bills and joint resolu- mittee on Finance. S. 267 tions were introduced, read the first By Mr. NICKLES: At the request of Mr. AKAKA, the S. 1245. A bill for the relief of Renato and second times by unanimous con- Rosetti; to the Committee on the Judiciary. name of the Senator from Illinois (Mr. sent, and referred as indicated: By Mr. HARKIN: DURBIN) was added as a cosponsor of S. By Mr. HATCH (for himself, Mr. SCHU- S. 1246. An original bill to respond to the 267, a bill to amend the Packers and MER, and Mr. DEWINE): continuing economic crisis adversely affect- Stockyards Act of 1921, to make it un- S. 1234. A bill to amend title 18, United ing American agricultural producers; from lawful for any stockyard owner, mar- States Code, to provide that certain sexual the Committee on Agriculture, Nutrition, ket agency, or dealer to transfer or crimes against children are predicate crimes and Forestry; placed on the calendar. market nonambulatory livestock, and for the interception of communications, and By Mr. KENNEDY: for other purposes. for other purposes; to the Committee on the S. 1247. A bill to establish a grant program S. 452 Judiciary. to promote emotional and social develop- By Mr. HATCH: ment and school readiness; to the Committee At the request of Mr. MURKOWSKI, the S. 1235. A bill to make clerical and other on Health, Education, Labor, and Pensions. name of the Senator from Georgia (Mr. technical amendments to title 18, United By Mr. KERRY (for himself, Mr. MILLER) was added as a cosponsor of S. States Code, and other laws relating to CHAFEE, Mr. REED, Mr. JEFFORDS, Mr. 452, a bill to amend title XVIII of the crime and criminal procedure; to the Com- SARBANES, Mr. LEAHY, Mr. Social Security Act to ensure that the mittee on the Judiciary. WELLSTONE, Mr. DAYTON, Mrs. FEIN- Secretary of Health and Human Serv- By Mrs. FEINSTEIN (for herself and STEIN, Mr. LEVIN, Mr. SCHUMER, Mr. DURBIN, Ms. STABENOW, Mrs. BOXER, ices provides appropriate guidance to Mr. HATCH): physicians, providers of services, and S. 1236. A bill to reduce criminal gang ac- Mr. KENNEDY, Mr. CORZINE, and Mr. tivities; to the Committee on the Judiciary. DODD): ambulance providers that are attempt- By Mr. INOUYE: S. 1248. A bill to establish a National Hous- ing to properly submit claims under S. 1237. A bill to allow certain individuals ing Trust Fund in the Treasury of the United the medicare program to ensure that of Japanese ancestry who were brought forc- States to provide for the development of de- the Secretary does not target inad- ibly to the United States from countries in cent, safe, and affordable, housing for low-in- vertent billing errors. come families, and for other purposes; to the Latin America during World War II and were S. 486 interned in the United States to be provided Committee on Banking, Housing, and Urban Affairs. At the request of Mr. LEAHY, the restitution under the Civil Liberties Act of name of the Senator from Massachu- 1988, and for other purposes; to the Com- By Mr. WELLSTONE (for himself, Mrs. mittee on the Judiciary. MURRAY, Mr. SCHUMER, Mr. DODD, setts (Mr. KERRY) was added as a co- By Mr. WELLSTONE (for himself and Mr. DAYTON, Mrs. CLINTON, and Mr. sponsor of S. 486, a bill to reduce the INOUYE): Mr. DAYTON): risk that innocent persons may be exe- S. 1249. A bill to promote the economic se- S. 1238. A bill to promote the engagement cuted, and for other purposes. curity and safety of victims of domestic and of young Americans in the democratic proc- sexual violence, and for other purposes; to S. 501 ess through civic education in classrooms, in the Committee on Finance. At the request of Mr. GRAHAM, the service learning programs, and in student name of the Senator from Maryland leadership activities, of America’s public f (Ms. MIKULSKI) was added as a cospon- schools; to the Committee on Health, Edu- ADDITIONAL COSPONSORS cation, Labor, and Pensions. sor of S. 501, a bill to amend titles IV By Mr. HAGEL (for himself, Mr. EN- S. 88 and XX of the Social Security Act to SIGN, and Mr. LUGAR): At the request of Mr. ROCKEFELLER, restore funding for the Social Services S. 1239. A bill to amend title XVIII of the the names of the Senator from Florida Block Grant, to restore the ability of Social Security Act to provide medicare (Mr. NELSON) and the Senator from States to transfer up to 10 percent of beneficiaries with a drug discount card that Mississippi (Mr. COCHRAN) were added TANF funds to carry out activities ensures access to affordable outpatient pre- as cosponsors of S. 88, a bill to amend under such block grant, and to require scription drugs; to the Committee on Fi- the Internal Revenue Code of 1986 to an annual report on such activities by nance. provide an incentive to ensure that all the Secretary of Health and Human By Mr. BENNETT: S. 1240. A bill to provide for the acquisition Americans gain timely and equitable Services. of land and construction of an interagency access to the Internet over current and S. 543 administrative and visitor facility at the en- future generations of broadband capa- At the request of Mr. DEWINE, his trance to American Fork Canyon, Utah, and bility. name was added as a cosponsor of S. S8204 CONGRESSIONAL RECORD — SENATE July 25, 2001 543, a bill to provide for equal coverage sponsor of S. 885, a bill to amend title 1040, a bill to promote freedom, fair- of mental health benefits with respect XVIII of the Social Security Act to ness, and economic opportunity for to health insurance coverage unless provide for national standardized pay- families by reducing the power and comparable limitations are imposed on ment amounts for inpatient hospital reach of the Federal establishment. medical and surgical benefits. services furnished under the medicare S. 1042 S. 677 program. At the request of Mr. INOUYE, the At the request of Mr. HATCH, the S. 979 name of the Senator from California name of the Senator from Virginia (Mr. At the request of Mr. DURBIN, the (Mrs. BOXER) was added as a cosponsor ALLEN) was added as a cosponsor of S. name of the Senator from Indiana (Mr. of S. 1042, a bill to amend title 38, 677, a bill to amend the Internal Rev- BAYH) was added as a cosponsor of S. United States Code, to improve bene- enue Code of 1986 to repeal the required 979, a bill to amend United States trade fits for Filipino veterans of World War use of certain principal repayments on laws to address more effectively import II, and for other purposes. mortgage subsidy bond financing to re- crises, and for other purposes. S. 1087 deem bonds, to modify the purchase S. 992 At the request of Mr. NICKLES, the price limitation under mortgage sub- At the request of Mr. NICKLES, the name of the Senator from Mississippi sidy bond rules based on median family name of the Senator from Utah (Mr. (Mr. COCHRAN) was added as a cospon- income, and for other purposes. HATCH) was added as a cosponsor of S. sor of S. 1087, a bill to amend the Inter- S. 775 992, a bill to amend the Internal Rev- nal Revenue Code of 1986 to provide a At the request of Mrs. LINCOLN, the enue Code of 1986 to repeal the provi- shorter recovery period of the deprecia- name of the Senator from Louisiana sion taxing policy holder dividends of tion of certain leasehold improve- (Ms. LANDRIEU) was added as a cospon- mutual life insurance companies and to ments. sor of S. 775, a bill to amend title XVIII repeal the policyholders surplus ac- S. 1116 of the Social Security Act to permit count provisions. At the request of Mr. INOUYE, the expansion of medical residency train- S. 994 name of the Senator from Indiana (Mr. ing programs in geriatric medicine and At the request of Mr. SCHUMER, the LUGAR) was added as a cosponsor of S. to provide for reimbursement of care name of the Senator from Alaska (Mr. 1116, a bill to amend the Foreign As- coordination and assessment services MURKOWSKI) was added as a cosponsor sistance Act of 1961 to provide in- provided under the medicare program. of S. 994, a bill to amend the Iran and creased foreign assistance for tuber- S. 781 Libya Sanctions Act of 1996 to extend culosis prevention, treatment, and con- At the request of Mr. AKAKA, the authorities under that Act. trol. name of the Senator from Minnesota S. 999 S. 1169 (Mr. DAYTON) was added as a cosponsor At the request of Mr. BINGAMAN, the At the request of Mr. FEINGOLD, the of S. 781, a bill to amend section 3702 of names of the Senator from Illinois (Mr. names of the Senator from Georgia title 38, United States Code, to extend DURBIN) and the Senator from Maine (Mr. MILLER) and the Senator from the authority for housing loans for (Ms. SNOWE) were added as cosponsors Rhode Island (Mr. CHAFEE) were added members of the Selected Reserve. of S. 999, a bill to amend title 10, as cosponsors of S. 1169, a bill to S. 805 United States Code, to provide for a streamline the regulatory processes ap- At the request of Mr. WELLSTONE, the Korea Defense Service Medal to be plicable to home health agencies under name of the Senator from California issued to members of the Armed Forces the medicare program under title (Mrs. FEINSTEIN) was added as a co- who participated in operations in XVIII of the Social Security Act and sponsor of S. 805, a bill to amend the Korea after the end of the Korean War. the medicaid program under title XIX Public Health Service Act to provide S. 1009 of such Act, and for other purposes. for research with respect to various At the request of Mrs. HUTCHISON, the S. 1200 forms of muscular dystrophy, including name of the Senator from New Jersey At the request of Mr. NELSON of Flor- Duchenne, Becker, limb girdle, con- (Mr. CORZINE) was added as a cosponsor ida, his name was added as a cosponsor genital, facioscapulohumeral, myo- of S. 1009, a bill to require the provi- of S. 1200, a bill to direct the Secre- tonic, oculopharyngeal, distal, and sion of information to parents and taries of the military departments to emery-dreifuss muscular dystrophies. adults concerning bacterial meningitis conduct a review of military service S. 808 and the availability of a vaccination records to determine whether certain At the request of Mr. BAUCUS, the with respect to such diseases. Jewish American war veterans, includ- name of the Senator from South Caro- S. 1022 ing those previously those previously lina (Mr. HOLLINGS) was added as a co- At the request of Mr. WARNER, the awarded the Distinguished Service sponsor of S. 808, a bill to amend the name of the Senator from Illinois (Mr. Cross, Navy Cross, or Air Force Cross, Internal Revenue Code of 1986 to repeal FITZGERALD) was added as a cosponsor should be awarded the Medal of Honor. the occupational taxes relating to dis- of S. 1022, a bill to amend the Internal S. 1203 tilled spirits, wine, and beer. Revenue Code of 1986 to allow Federal At the request of Mr. SCHUMER, the S. 824 civilian and military retirees to pay name of the Senator from Minnesota At the request of Mr. GRAHAM, the health insurance premiums on a pretax (Mr. DAYTON) was added as a cosponsor name of the Senator from New Jersey basis and to allow a deduction for of S. 1203, a bill to amend title 38, (Mr. TORRICELLI) was added as a co- TRICARE supplemental premiums. United States Code, to provide housing sponsor of S. 824, a bill to establish an S. 1037 loan benefits for the purchase of resi- informatics grant program for hos- At the request of Mrs. HUTCHISON, the dential cooperative apartment units. pitals and skilled nursing facilities. names of the Senator from Illinois (Mr. S. 1206 S. 838 DURBIN) and the Senator from Min- At the request of Mr. VOINOVICH, the At the request of Mr. DODD, the nesota (Mr. DAYTON) were added as co- name of the Senator from Virginia (Mr. names of the Senator from New Mexico sponsors of S. 1037, a bill to amend title WARNER) was added as a cosponsor of S. (Mr. BINGAMAN) and the Senator from 10, United States Code, to authorize 1206, a bill to reauthorize the Appa- Kansas (Mr. ROBERTS) were added as disability retirement to be granted lachian Regional Development Act of cosponsors of S. 838, a bill to amend the posthumously for members of the 1965, and for other purposes. Federal Food, Drug, and Cosmetic Act Armed Forces who die in the line of S. 1226 to improve the safety and efficacy of duty while on active duty, and for At the request of Mr. CAMPBELL, the pharmaceuticals for children. other purposes. name of the Senator from Colorado S. 885 S. 1040 (Mr. ALLARD) was added as a cosponsor At the request of Mr. HUTCHINSON, At the request of Mr. SHELBY, the of S. 1226, a bill to require the display the name of the Senator from Pennsyl- name of the Senator from Idaho (Mr. of the POW/MIA flag at the World War vania (Mr. SPECTER) was added as a co- CRAIG) was added as a cosponsor of S. II memorial, the Korean War Veterans July 25, 2001 CONGRESSIONAL RECORD — SENATE S8205 Memorial, and the Vietnam Veterans become a haven for those who would SECTION 1. SHORT TITLE. Memorial. commit these horrific crimes. This Act may be cited as the ‘‘Anti-Sexual Predator Act of 2001’’. S. CON. RES. 3 The Anti-Sexual Predator Act of 2001, which I am introducing today, provides SEC. 2. AUTHORIZATION OF INTERCEPTION OF At the request of Mr. FEINGOLD, the COMMUNICATIONS IN THE INVES- name of the Senator from Minnesota much-needed tools to investigators TIGATION OF SEXUAL CRIMES (Mr. DAYTON) was added as a cosponsor tracking sexual predators and child AGAINST CHILDREN. of S. Con. Res. 3, a concurrent resolu- pornographers. The legislation will be (a) CHILD PORNOGRAPHY.—Section 2516(1)(c) of title 18, United States Code, is amended by tion expressing the sense of Congress particularly useful to investigators tracking sexual predators. inserting ‘‘section 2252A (relating to mate- that a commemorative postage stamp rial constituting or containing child pornog- should be issued in honor of the U.S.S. Although in many cases much of the raphy),’’ after ‘‘2252 (sexual exploitation of Wisconsin and all those who served initial relationship between these sex- children),’’. aboard her. ual predators and their child victims (b) TRANSPORTATION FOR ILLEGAL SEXUAL takes place online, the predators will ACTIVITY.—Section 2516(1) of title 18, United f ultimately seek to have personal con- States Code, is amended— STATEMENTS ON INTRODUCED tact with the child. Thus, the commu- (1) by redesignating paragraph (p), as so re- BILLS AND JOINT RESOLUTIONS nications will move first to the tele- designated by section 434(2) of the phone, and then to face to face meet- Antiterrorism and Effective Death Penalty By Mr. HATCH (for himself, Mr. Act of 1996 (Public Law 104–132; 110 Stat. SCHUMER, and Mr. DEWINE): ings. The telephone calls between the 1274), as paragraph (q); S. 1234. A bill to amend title 18, perpetrators and the victims therefore (2) by striking paragraph (p), as so redesig- United States Code, to provide that represent a dangerous step in the lur- nated by section 201(3) of the Illegal Immi- certain sexual crimes against children ing of the child. And the more access gration Reform and Immigrant Responsi- are predicate crimes for the intercep- the sexual predator is allowed to the bility Act of 1996 (division C of Public Law tion of communications, and for other child victim, the greater the chance 104–208; 110 Stat. 3009–565); and that the predator will succeed in con- (3) by inserting after paragraph (o) the fol- purposes; to the Committee on the Ju- lowing: diciary. vincing the child to continue the ‘‘rela- tionship’’ and agree to personal meet- ‘‘(p) a violation of section 2422 (relating to Mr. HATCH. Mr. President, the Inter- coercion and enticement) or section 2423 (re- net has dramatically changed the lives ings. lating to transportation of minors) of this of the American people. The way in As the laws stand today, investiga- title, if, in connection with that violation, which we work, live, play, and learn tors do not have access to the Federal the sexual activity for which a person may has been forever changed. The benefits wiretap statutes to investigate these be charged with a criminal offense would this new technology has brought to us predators. Absent this authority, law constitute a felony offense under chapter 109A or 110 of this title, if that activity took are truly innumerable. Unfortunately, enforcement officers, upon discovery of the on-line relationship, are left to at- place within the special maritime and terri- however, the technology has also cre- torial jurisdiction of the United States; or’’. ated some fearful problems. In par- tempt to gain information about the ticular, the Internet is fast becoming relationship from an often uncoopera- By Mr. HATCH: tive or resentful child who believes an increasingly popular means by S. 1235. A bill to make clerical and that he or she is ‘‘in love’’ with the per- which criminals pursue their nefarious other technical amendments to title 18, petrator. Providing wiretap authority activities. United States Code, and other laws re- Perhaps no criminal activity is as ne- not only will aid law enforcement’s ef- lating to crime and criminal procedure; farious as sex crimes directed at chil- forts to obtain evidence of these to the Committee on the Judiciary. dren. And alarmingly, the Internet has crimes, it will also help them stop Mr. HATCH. Mr. President, I ask these crimes before the predator makes proved to be a boon for these sexual unanimous consent that the text of the physical contact with the child. predators. Before the Internet, these bill be printed in the RECORD. The Anti-Sexual Predator Act of 2001 deranged individuals operated in the There being no objection, the bill was will add three predicate offenses to the ordered to be printed in the RECORD, as open, lurking near parks or schools in Federal wiretap statute. This addition an effort to lure children. Now they are follows: will enable law enforcement to inter- S. 1235 able, with almost absolute anonymity cept wire and oral communications re- and from the security of their homes, Be it enacted by the Senate and House of Rep- lating to child pornography materials, resentatives of the United States of America in to reach our children over the Internet. the coercion and enticement of individ- Congress assembled, The result is frightening. According uals to travel interstate to engage in SECTION 1. SHORT TITLE. to State and local law enforcement of- sexual activity, the transportation of This Act may be cited as the ‘‘Criminal ficials, the Internet has brought an ex- minors for the purpose of engaging in Law Technical Amendments Act of 2001’’. plosion in sexual predator and child sexual activity. SEC. 2. TECHNICAL AMENDMENTS RELATING TO pornography activity. Since 1995, the To be sure, law enforcement will still CRIMINAL LAW AND PROCEDURE. FBI alone has investigated more than (a) MISSING AND INCORRECT WORDS.— need to obtain authority from a court (1) CORRECTION OF GARBLED SENTENCE.— 4,900 cases involving persons traveling in order to obtain a wiretap, and the interstate for the purpose of engaging Section 510(c) of title 18, United States Code, court will authorize the wiretap only if is amended by striking ‘‘fine of under this in illicit sexual relationships with mi- the government meets the strict statu- title’’ and inserting ‘‘fine under this title’’. nors and persons involved with the tory guidelines laid out in Title III. (2) INSERTION OF MISSING WORDS.—Section manufacture, dissemination and pos- Thus, this legislation does nothing to 981(d) of title 18, United States Code, is session of child pornography. undermine the legitimate expectations amended by striking ‘‘proceeds from the sale According to the Bureau, computers of privacy of law-abiding American of this section’’ and inserting ‘‘proceeds from have rapidly become one of the most citizens. the sale of such property under this section’’. (3) CORRECTION OF INCORRECT WORD.—Sec- prevalent communications devices This legislation fills a gap in our ar- with which pedophiles and other sexual tions 1425 through 1427, 1541 through 1544 and senal against child pornographers and 1546(a) of title 18, United States Code, are predators share sexually explicit pho- sexual predators. I know we all share each amended by striking ‘‘to facility’’ and tographic images of minors and iden- this goal, and I urge my colleagues to inserting ‘‘to facilitate’’. tify and recruit children for sexually il- join me in expeditiously acting on this (4) CORRECTING ERRONEOUS AMENDATORY licit relationships. important legislation. I ask unanimous LANGUAGE ON EXECUTED AMENDMENT.—Effec- This fact is not lost on the public. consent that the text of the bill be tive on the date of the enactment of Public Law 103–322, section 60003(a)(13) of such pub- When asked about cyber-crime, a ma- printed in the RECORD. jority of Americans pointed to child There being no objection, the bill was lic law is amended by striking ‘‘$1,000,000 or imprisonment’’ and inserting ‘‘$1,000,000 and pornography as their biggest concern. ordered to be printed in the RECORD, as The Pew Internet & American Life Re- imprisonment’’. follows: (5) INSERTION OF MISSING WORD.—Section port Survey found that 92 percent of S. 1234 3286 of title 18, United States Code, is amend- Americans are concerned about child Be it enacted by the Senate and House of Rep- ed by inserting ‘‘section’’ before ‘‘2332b’’. pornography. Americans are rightly resentatives of the United States of America in (6) CORRECTION OF REFERENCE TO SHORT concerned that the Internet does not Congress assembled, TITLE OF LAW.—That section 2332d(a) of title S8206 CONGRESSIONAL RECORD — SENATE July 25, 2001 18, United States Code, which relates to fi- (ii) by inserting ‘‘(2)’’ at the beginning of (A) by striking ‘‘Code,,’’ and inserting nancial transactions is amended by inserting that paragraph; ‘‘Code,’’; and ‘‘of 1979’’ after ‘‘Export Administration Act’’. (C) by inserting ‘‘(3)’’ at the beginning of (B) by striking ‘‘services),,’’ and inserting (7) ELIMINATION OF TYPO.—Section 1992(b) the third undesignated paragraph; and ‘‘services),’’. of title 18, United States Code, is amended by (D) by redesignating subsection (j) as sub- (4) REPEAL OF SECTION GRANTING DUPLICA- striking ‘‘term or years’’ and inserting section (k). TIVE AUTHORITY.— ‘‘term of years’’. (8) PUNCTUATION CORRECTION IN SECTION (A) Section 3503 of title 18, United States (8) SPELLING CORRECTION.—Section 2339A(a) 1091.—Section 1091(b)(1) of title 18, United Code, is repealed. of title 18, United States Code, is amended by States Code, is amended by striking ‘‘sub- (B) The table of sections at the beginning striking ‘‘or an escape’’ and inserting ‘‘of an section (a)(1),’’ and inserting ‘‘subsection of chapter 223 of title 18, United States Code, escape’’. (a)(1)’’. is amended by striking the item relating to (9) SECTION 3553.—Section 3553(e) of title 18, (9) PUNCTUATION CORRECTION IN SECTION section 3503. United States Code, is amended by inserting 2311.—Section 2311 of title 18, United States (5) ELIMINATION OF OUTMODED REFERENCE TO ‘‘a’’ before ‘‘minimum’’. Code, is amended by striking the period after PAROLE.—Section 929(b) of title 18, United (10) MISSPELLING IN SECTION 205.—Section ‘‘carcasses thereof’’ the second place that States Code, is amended by striking the last 205(d)(1)(B) of title 18, United States Code, is term appears and inserting a semicolon. sentence. amended by striking ‘‘groups’s’’ and insert- (10) SYNTAX CORRECTION.—Section 115(b)(2) (d) CORRECTION OF OUTMODED FINE ing ‘‘group’s’’. of title 18, United States Code, is amended by AMOUNTS.— (11) CONFORMING CHANGE AND INSERTING striking ‘‘, attempted kidnapping, or con- (1) IN TITLE 18, UNITED STATES CODE.— MISSING WORD IN SECTION 709.—The paragraph spiracy to kidnap of a person’’ and inserting (A) IN SECTION 492.—Section 492 of title 18, in section 709 of title 18, United States Code, ‘‘or attempted kidnapping of, or a conspiracy United States Code, is amended by striking that begins with ‘‘A person who’’ is to kidnap, a person’’. ‘‘not more than $100’’ and inserting ‘‘under amended— (11) CORRECTING CAPITALIZATION IN SECTION this title’’. 982.—Section 982(a)(8) of title 18, United (A) by striking ‘‘A person who’’ and insert- (B) IN SECTION 665.—Section 665(c) of title ing ‘‘Whoever’’; and States Code, is amended by striking ‘‘Court’’ 18, United States Code, is amended by strik- and inserting ‘‘court’’. (B) by inserting ‘‘or’’ after the semicolon ing ‘‘a fine of not more than $5,000’’ and in- (12) PUNCTUATION CORRECTIONS IN SECTION at the end. serting ‘‘a fine under this title’’. 1029.—Section 1029 of title 18, United States (12) ERROR IN LANGUAGE BEING STRICKEN.— (C) IN SECTIONS 1924, 2075, 2113(b), AND 2236.— Code, is amended— Effective on the date of its enactment, sec- (i) Section 1924(a) of title 18, United States (A) in subsection (c)(1)(A)(ii), by striking tion 726(2) of the Antiterrorism and Effective Code, is amended by striking ‘‘not more than ‘‘(9),’’ and inserting ‘‘(9)’’; and Death Penalty Act of 1996 (Public Law 104– $1,000,’’ and inserting ‘‘under this title’’. (B) in subsection (e), by adding a semicolon 132) is amended— (ii) Sections 2075 and 2113(b) of title 18, at the end of paragraph (8). (A) in subparagraphs (C) and (E), by strik- United States Code, are each amended by (13) CORRECTIONS OF CONNECTORS AND PUNC- ing ‘‘section’’ the first place it appears; and striking ‘‘not more than $1,000’’ and insert- (B) in subparagraph (G), by striking ‘‘relat- TUATION IN SECTION 1030.—Section 1030 of title 18, United States Code, is amended— ing ‘‘under this title’’. ing to’’ the first place it appears. (A) by striking ‘‘and’’ at the end of sub- (iii) Section 2236 of title 18, United States (b) MARGINS, PUNCTUATION, AND SIMILAR section (c)(2)(A); Code, is amended by inserting ‘‘under this ERRORS.— (B) by inserting ‘‘and’’ at the end of sub- title’’ after ‘‘warrant, shall be fined’’, and by (1) MARGIN ERROR.—Section 1030(c)(2) of section (c)(2)(B)(iii); striking ‘‘not more than $1,000’’. title 18, United States Code, is amended so (C) by striking ‘‘; and’’ at the end of sub- (D) IN SECTION 372 AND 752.—Sections 372 and that the margins of subparagraph (B) and section (c)(3)(B) and inserting a period; 752(a) of title 18, United States Code, are each of its clauses, are moved 2 ems to the (D) by striking the period at the end of each amended by striking ‘‘not more than left. subsection (e)(4)(I) and inserting a semi- $5,000’’ and inserting ‘‘under this title’’. (2) CORRECTING CAPITALIZATION IN LAN- colon; and (E) IN SECTION 924(e)(1).—Section 924(e)(1) of GUAGE TO BE STRICKEN.—Effective on the date (E) by striking ‘‘and’’ at the end of sub- title 18, United States Code, is amended by of its enactment, section 607(g)(2) of the Eco- section (e)(7). striking ‘‘not more than $25,000’’ and insert- nomic Espionage Act of 1996 is amended by (14) CORRECTION OF PUNCTUATION IN SECTION ing ‘‘under this title’’. striking ‘‘territory’’ and inserting ‘‘Terri- 1032.—Section 1032(1) of title 18, United States (2) IN THE CONTROLLED SUBSTANCES ACT.— tory’’. Code, is amended by striking ‘‘13,’’ and in- (A) IN SECTION 401.—Section 401(d) of the (3) CORRECTING PARAGRAPHING.—The mate- serting ‘‘13’’. Controlled Substances Act (21 U.S.C. 841(d)) rial added to section 521(a) of title 18, United (15) CORRECTION OF PUNCTUATION IN SECTION is amended— States Code, by section 607(q) of the Eco- 1345.—Section 1345(a)(1) of title 18, United (i) in paragraph (1), by striking ‘‘and shall nomic Espionage Act of 1996 is amended to States Code, is amended— be fined not more than $10,000’’ and inserting appear as a paragraph indented 2 ems from (A) in subparagraph (B), by striking ‘‘, or’’ ‘‘or fined under title 18, United States Code, the left margin. and inserting ‘‘; or’’; and or both’’; and (4) SUBSECTION PLACEMENT CORRECTION.— (B) in subparagraph (C), by striking the pe- (ii) in paragraph (2), by striking ‘‘and shall Section 1513 of title 18, United States Code, riod and inserting a semicolon. be fined not more than $20,000’’ and inserting is amended by transferring subsection (d) so (16) CORRECTION OF PUNCTUATION IN SECTION ‘‘or fined under title 18, United States Code, that it appears following subsection (c). 3612.—Section 3612(f)(2)(B) of title 18, United or both’’. (5) INSERTION OF PARENTHETICAL DESCRIP- States Code, is amended by striking ‘‘pre- (B) IN SECTION 402.—Section 402(c)(2) of the TIONS.—Section 2332b(g)(5)(B)(i) of title 18, ceding.’’ and inserting ‘‘preceding’’. Controlled Substances Act (21 U.S.C. 842(c)) United States Code, is amended— (17) CORRECTION OF INDENTATION IN CON- is amended— (A) by inserting ‘‘(relating to certain TROLLED SUBSTANCES ACT.—Section 402(c)(2) (i) in subparagraph (A), by striking ‘‘of not killings in Federal facilities)’’ after ‘‘930(c)’’; of the Controlled Substances Act (21 U.S.C. more than $25,000’’ and inserting ‘‘under title (B) by inserting ‘‘(relating to wrecking 842(c)(2)) is amended by moving the margin 18, United States Code’’; and trains)’’ after ‘‘1992’’; and of subparagraph (C) 2 ems to the left. (ii) in subparagraph (B), by striking ‘‘of (C) by striking ‘‘2332c,’’. (c) ELIMINATION OF REDUNDANCIES.— $50,000’’ and inserting ‘‘under title 18, United (6) CORRECTION TO ALLOW FOR INSERTION OF (1) ELIMINATION OF REDUNDANT PROVISION.— States Code’’. NEW SUBPARAGRAPH AND CORRECTION OF ERRO- Section 2516(1) of title 18, United States (C) IN SECTION 403.—Section 403(d) of the NEOUS INDENTATION.—Section 1956(c)(7) of Code, is amended— Controlled Substances Act (21 U.S.C. 843(d)) title 18, United States Code, is amended— (A) by striking the first paragraph (p); and is amended— (A) in subparagraph (B)(ii), by moving the (B) by inserting ‘‘or’’ at the end of para- (i) by striking ‘‘of not more than $30,000’’ margin 2 ems to the right; graph (o). each place that term appears and inserting (B) by striking ‘‘or’’ at the end of subpara- (2) ELIMINATION OF DUPLICATE AMEND- ‘‘under title 18, United States Code’’; and graph (D); MENTS.—Effective on the date of its enact- (ii) by striking ‘‘of not more than $60,000’’ (C) by striking the period at the end of sub- ment, paragraphs (1), (2), and (4) of section each place it appears and inserting ‘‘under paragraph (E) and inserting ‘‘; or’’; and 601(b), paragraph (2) of section 601(d), para- title 18, United States Code’’. (D) in subparagraph (F), by striking ‘‘Any’’ graph (2) of section 601(f), paragraphs (1) and (e) CROSS REFERENCE CORRECTIONS.— and inserting ‘‘any’’. (2)(A) of section 601(j), paragraphs (1) and (2) (1) SECTION 3664.—Section 3664(o)(1)(C) of (7) CORRECTION OF CONFUSING SUBDIVISION of section 601(k), subsection (d) of section title 18, United States Code, is amended by DESIGNATION.—Section 1716 of title 18, United 602, paragraph (4) of section 604(b), sub- striking ‘‘section 3664(d)(3)’’ and inserting States Code, is amended— section (r) of section 605, and paragraph (2) of ‘‘subsection (d)(5)’’. (A) in the first undesignated paragraph, by section 607(j) of the Economic Espionage Act (2) CHAPTER 228.—Section 3592(c)(1) of title inserting ‘‘(j)(1)’’ before ‘‘Whoever’’; of 1996 are repealed. 18, United States Code, is amended by strik- (B) in the second undesignated paragraph— (3) ELIMINATION OF EXTRA COMMA.—Section ing ‘‘section 36’’ and inserting ‘‘section 37’’. (i) by striking ‘‘not more than $10,000’’ and 1956(c)(7)(D) of title 18, United States Code, is (3) CORRECTING ERRONEOUS CROSS REF- inserting ‘‘under this title’’; and amended— ERENCE IN CONTROLLED SUBSTANCES ACT.— July 25, 2001 CONGRESSIONAL RECORD — SENATE S8207 Section 511(a)(10) of the Controlled Sub- (3) in section 1071, by striking ‘‘fine of Francisco’s Mission District. An inno- stances Act (21 U.S.C. 881(a)(10)) is amended under this title’’ and inserting ‘‘fine under cent bystander was caught in the cross- by striking ‘‘1822 of the Mail Order Drug Par- this title’’; fire and shot through both legs. aphernalia Control Act’’ and inserting ‘‘422’’. (4) in section 1368(a), by inserting ‘‘to’’ A brave eyewitness gave law enforce- (4) CORRECTION TO REFLECT CROSS REF- after ‘‘serious bodily injury’’; ment the name of one shooting suspect, ERENCE CHANGE MADE BY OTHER LAW.—Effec- (5) in section 1956(c)(7)(B)(ii), by inserting tive on the date of its enactment, section ‘‘or’’ at the end thereof; who was then arrested. The gang then 601(c)(3) of the Economic Espionage Act of (6) in section 1956(c)(7)(B)(iii), by inserting tracked down the witness, put a 9 mil- 1996 is amended by striking ‘‘247(d)’’ and in- a closing parenthesis after ‘‘1978’’; limeter automatic to his head, and serting ‘‘247(e)’’. (7) in subsections (b)(1) and (c) of section threatened to kill him for cooperating (5) TYPOGRAPHICAL AND TYPEFACE ERROR IN 2252A, by striking ‘‘paragraphs’’ and insert- with the police. TABLE OF CHAPTERS.—The item relating to ing ‘‘paragraph’’; and I would like to explain how this legis- chapter 123 in the table of chapters at the be- (8) in section 2254(a)(3), by striking the lation will help deter and punish such ginning of part I of title 18, United States comma before the period at the end. crimes, and why Congress should act Code, is amended— SEC. 4. REPEAL OF OUTMODED PROVISIONS. (A) by striking ‘‘2271’’ and inserting ‘‘2721’’; quickly to pass it. (a) Section 14 of title 18, United States First, the bill makes it a separate and Code, and the item relating thereto in the (B) so that the item appears in bold face table of sections at the beginning of chapter Federal crime to recruit persons to join type. 1 of title 18, United States Code, are re- a criminal street gang with the intent (6) SECTION 4104.—Section 4104(d) of title 18, pealed. that the recruit participate in a Fed- United States Code, is amended by striking (b) Section 1261 of such title is amended— eral drug or violent crime. ‘‘section 3653 of this title and rule 32(f) of’’ (1) by striking ‘‘(a) The Secretary’’ and in- The penalty is up to 10 years in jail. and inserting ‘‘section 3565 of this title and serting ‘‘The Secretary’’; and The offender can also be held respon- the applicable provisions of’’. (2) by striking subsection (b). sible for reimbursing the government’s (7) ERROR IN AMENDATORY LANGUAGE.—Ef- (c) Section 1821 of such title is amended by fective on the date of its enactment, section striking ‘‘, the Canal Zone’’. costs in housing, maintaining, and 583 of the Foreign Operations, Export Fi- (d) Section 3183 of such title is amended by treating the minor until the age of 18. nancing, and Related Programs Appropria- striking ‘‘or the Panama Canal Zone,’’. The purpose of this provision is to tions Act, 1998 (111 Stat. 2436) is amended by (e) Section 3241 of such title is amended by deter criminal gang recruitment. striking ‘‘Section 2401’’ and inserting ‘‘Sec- striking ‘‘United States District Court for Such recruitment has continued to tion 2441’’. the Canal Zone and the’’. grow and grow every year. (8) ERROR IN CROSS REFERENCE TO COURT Even while crime has been dropping RULES.—The first sentence of section 3593(c) By Mrs. FEINSTEIN (for herself generally, the number of criminal of title 18, United States Code, is amended by and Mr. HATCH): gangs and gang members has spiraled. striking ‘‘rule 32(c)’’ and inserting ‘‘rule 32’’. S. 1236. A bill to reduce criminal gang The 1999 Justice Department survey (9) SECTION 1836.—Section 1836 of title 18, activities; to the Committee on the Ju- of gangs, the most recent available, United States Code, is amended— diciary. (A) in subsection (a), by striking ‘‘this sec- found that the number of gang mem- Mrs. FEINSTEIN. Mr. President, I bers has increased 8 percent just from tion’’ and inserting ‘‘this chapter’’; and rise to introduce the Criminal Gang (B) in subsection (b), by striking ‘‘this sub- 1998. section’’ and inserting ‘‘this section’’. Abatement Act of 2001, a bill to give In fact, the growth of criminal gangs (10) CORRECTION OF ERRONEOUS CITE IN law enforcement additional tools to in the country over the last 20 years, CHAPTER 119.—Section 2510(10) of title 18, fight the scourge of gang violence. has been extraordinary. United States Code, is amended by striking This legislation builds on and im- Twenty years ago, the gang problem ‘‘shall have’’ and all that follows through proves the Violent Crime Control and was centered in Los Angeles and Chi- ‘‘United States Code;’’ and inserting ‘‘has Law Enforcement Act of 1994, the first the meaning given that term in section 3 of cago. Today, though, there are gangs in Federal statute to address directly the all 50 States and the District of Colum- the Communications Act of 1934;’’. problem of criminal gangs. (11) ELIMINATION OF OUTMODED CITE IN SEC- bia. I am delighted that Senator HATCH TION 2339A.—Section 2339A(a) of title 18, In 1980, there were gangs in 286 juris- United States Code, is amended by striking joins me in introducing this bill and I dictions. Today, they are in over 1500 ‘‘2332c,’’. thank him for his hard work in helping jurisdictions. (12) CORRECTION OF REFERENCES IN AMEND- develop the legislation. In 1980, there were about 2000 gangs. ATORY LANGUAGE.—Effective the date of its I know that this bill will be familiar Today, there are over 26,000 gangs. enactment, section 115(a)(8)(B) of Public Law to my colleagues. It is similar to legis- In 1980, there were about 100,000 gang 105–119 is amended— lation that was included in the Juve- members. Today, there are 840,500 gang (A) in clause (i)— nile Justice bill in the last Congress. (i) by striking ‘‘at the end of’’ and insert- members. The Senate passed the Juvenile Jus- Let me read from a Department of ing ‘‘following’’; and tice bill overwhelmingly. Unfortu- (ii) by striking ‘‘paragraph’’ the second Justice publication entitled ‘‘The place it appears and inserting ‘‘subsection’’; nately, it did not become law. That is Growth of Youth Gang Problems in the and why Senator HATCH and I are intro- United States: 1970–1998’’ that was just (B) in clause (ii), by striking ‘‘subpara- ducing this gang legislation separately. released a few months ago: graph (A)’’ and inserting ‘‘clause (i)’’. Mr. President, I care deeply about Youth gang problems in the United States (f) TABLES OF SECTIONS CORRECTIONS.— solving the problem of gang violence grew dramatically between the 1970’s and (1) CONFORMING TABLE OF SECTIONS TO and crime. 1990’s, with the prevalence of gangs reaching HEADING OF SECTION.—The item relating to I worked extensively on this problem unprecedented levels. The growth was mani- section 1837 in the table of sections at the be- when I was Mayor of San Francisco and fested by steep increase in the number of cit- ginning of chapter 90 of title 18, United have long considered it one of my top ies, counties, and States reporting gang States Code, is amended by striking ‘‘Con- priorities. problems. Increases in the number of gang duct’’ and inserting ‘‘Applicability to con- I am often struck by how vicious localities were paralleled by increases in the duct’’. gang crimes can be, and how damaging proportions and populations of localities re- (2) CONFORMING HEADING TO TABLE OF SEC- porting gang problems. There was a shift in they are to the victims and to the sur- TIONS ENTRY.—The heading of section 1920 of regions contains larger numbers of gang cit- title 18, United States Code, is amended by rounding community. ies, with the Old South showing the most striking ‘‘employee’s’’ and inserting ‘‘em- Let me give you a couple of recent dramatic increase. The size of the gang-prob- ployees’’’. examples from my own home city of lem localities also changed, with gang prob- San Francisco. lems spreading to cities, villages, and coun- SEC. 3. ADDITIONAL TECHNICALS. Last year, gang members tried to rob ties smaller in size than at any time in the Title 18, United States Code, is amended— a passerby with an assault weapon past. (1) in section 922(t)(1)(C), by striking from their car. When the victim re- And as gangs have increased, so have ‘‘1028(d)(1)’’ and inserting ‘‘1028(d)’’; (2) in section 1005— sisted, the gang shot the victim 17 all forms of youth violence. (A) in the first undesignated paragraph, by times. The victim survived but will That is because youngsters who join striking ‘‘Act,,’’ and inserting ‘‘Act,’’; and never walk again. gangs are much more likely to commit (B) by inserting ‘‘or’’ at the end of the Only two months before that assault, violent crimes than similarly situated third undesignated paragraph; two rival gangs had a shootout in San youngsters who are not in gangs. S8208 CONGRESSIONAL RECORD — SENATE July 25, 2001 Research shows, for example, that who was found wearing typical gang at- ant, as part of his or her criminal con- young people who join gangs are four tire, holding a gun and beeper, and spiracy, commits two or more predi- to six times more likely to engage in tattooed with the phrase ‘‘Thug Life.’’ cate acts. criminal behavior when they are gang I believe that we need to punish gang The bill ensures that, for gang of- members than when they are not. recruitment of children very severely. fenses, offenders can get a sentence up And it is also because gang members This bill would do that. to 10 years greater than the maximum are responsible for a large proportion The bill increases the penalties for term they receive for their most seri- of violent crime. They don’t just com- gang members who commit drug or vio- ous offense. They can also forfeit prop- mit one violent crime but many. lent crimes and who use physical force erty derived from the offense. One study found, for example, that to tamper with witnesses, victims, or The offenses added by the bill are gang members, who were 14 percent of informants. those commonly pursued by gangs. sample, reported committing 89 per- The bill also generally directs the One study of gangs in various coun- cent of all serious violent offenses in U.S. Sentencing Commission to in- ties, for example, found that: 44–67 per- the area. crease penalties for criminal street cent of gang members reported being Enacting this bill would give law en- gang members who commit crimes. involved in auto theft; 34–48 percent in forcement an important tool to deter There is a strong link between gangs intimidating or assaulting witnesses or criminal gang recruitment, thus reduc- and drugs. By fighting gangs, we can victims; and 4–10 percent in kidnap- ing gang crime. help reduce the supply of illegal drugs ping. Other studies have found that gang The bill makes it a separate Federal in this country. extortion is also common. crime to use a minor to commit a Fed- According to the 1999 Justice Depart- Drug gangs commonly use booby ment gang survey, almost half of youth eral violent crime, and sets penalties traps, that sometimes include explo- gang members sell drugs to generate for doing so. sives, to protect their cultivation or profits for the gang. The penalty is twice the maximum manufacturing sites from law enforce- A survey of California law enforce- term that would otherwise be author- ment authorities and the public. ized for the offense or, for repeat of- ment by my staff found that gang Numerous gangs illegally launder fenders, three times the maximum pen- members in the States’ largest cities their illicit drug profits. alty. are involved in 50 to 90 percent of all These include Russian and West Afri- The bill also increases the minimum drug offenses. can criminal gangs as well as street penalties for persons using minors to This is confirmed by gang members gangs such as the Bloods, Crips, Gang- distribute drugs. themselves. ster Disciples, and Latin Kings. Currently, both first-time and repeat For example, in one survey of State Alien smuggling and harboring is es- offenders can receive a minimum of prison inmates who were gang mem- pecially prevalent in San Francisco, only a year. bers, almost 70 percent said that they Los Angeles, Boston, and New York. Under the bill, a first-time offender had manufactured, imported, or sold Among the worst offenders is the will receive at least 3 years and a re- drugs as a group. brutal Fuk Ching gang. peat-offender will receive at least 5 Worse, the DOJ 1999 gang survey After a police crackdown in New years. found that about 40 percent of youth York, law enforcement reports that These provisions are intended to gangs are ‘‘drug gangs,’’ that is, gangs Fuk Ching began to branch out to Chi- deter gangs from recruiting youngsters organized specifically to traffic in cago, Maryland, and western Pennsyl- to commit crimes. drugs. vania. Gangs recruit minors because they This is an increase from the 34 per- The changes made by this legislation know that children are often not fully cent reported for 1998. The increase was should help reduce drug and violent aware of the consequences of their ac- particularly pronounced in rural areas. crimes. tions. There is also a close correlation be- The Travel Act allows Federal pros- Gangs also know that, if the child is tween gangs and violent crimes. ecutors to charge certain interstate caught, he or she will probably receive For example, gangs commit about crimes such as extortion, bribery, and lighter punishment than an adult. half of all violent crimes in California’s arson, and for business enterprises in- Gangs commonly start new recruits major cities. In some areas of Los An- volving gambling, liquor, drugs, or as drug lookouts or runners. geles, such as South Central and East prostitution. Once the youngsters get older, gangs Los Angeles, gangs account for 70–80 This statute was passed in 1961 with encourage them to engage in more vio- percent of all violent crimes. Mafia-related criminal activity in lent activity. The increased penalties in this legis- mind. And young recruits often commit lation will help reduce drug and violent This legislation amends the Travel violent crimes to gain the gang’s re- crimes, including threats against wit- Act to enable law enforcement to re- spect and improve their status within nesses and informants. spond more effectively to the growing the gang. Currently, under the Federal gang problem of organized, highly sophisti- I am very troubled by the fact that statute, 18 U.S.C. 521, gang members cated, and mobile criminal street many youngsters, some barely in their can only get enhanced penalties for gangs. While the Travel Act currently al- teens, are lured into gangs by older gang crimes that involve drugs or vio- lows law enforcement to target some children and start a life of crime even lence. activities, such as drug trafficking, the before they start high school. The penalty is up to an additional 10 list is not complete. One study of eighth graders in 11 cit- years in jail. The list needs to be updated to better ies, found that 9 percent were currently This bill allows enhanced penalties reflect interstate crimes often com- gang members and 17 percent said that for crimes that are often committed by mitted today by gang members. they had belonged to a gang at some gang members but which may not in- Thus, the bill amends the Travel Act point in their lives. volve drugs or violence. to include crimes such as drive-by According to California law enforce- These crimes include distributing ex- shootings, serious assaults, and intimi- ment, the average age of a new gang re- plosives, kidnapping, extortion, illegal dating witnesses. cruit in Los Angeles is 11, in San Diego gambling, money laundering, obstruc- In California’s largest cities, gang 12–15, and in San Francisco 15. tion of justice, and illegally trans- members commit 80–100 percent of all In Alabama, it is 12–14. In Virginia, it porting aliens. drive-by shootings and around 50 per- is 13. In Ohio, it is 16. The crimes act as ‘‘predicate’’ crimes cent of violent crimes. In gangs such as the Latin Kings, ba- permitting an additional charge of par- The numbers are similar for other bies of gang members are considered ticipating in a criminal gang. states as well. gang members from birth. The Federal gang statute is sort of A recent survey in Illinois, for exam- A South Carolina law enforcement similar in design to the criminal RICO ple, found that 50 percent of the juris- officer told us that he recently looked statute. That statute permits an addi- dictions in that state face a serious into the case of one six-year-old child, tional RICO charge where the defend- problem of gang drive-by shootings. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8209 The bill also increases the maximum to assess regional drug threats, design almost 1 of every 5 of gang members in penalty for most violations of the strategies to combat those threats, and their area were migrants from another Travel Act from 5 years to 10 and au- to develop initiatives to implement the area. thorizes the death penalty for certain strategies. In fact, 83 percent of respondents said homicides that technically do not qual- HIDTAs are based on an equal part- that the appearance of gang members ify as murder. nership between different law enforce- in more suburban or rural areas was Defendants who commit violent ment agencies. caused by migration of gangsters from crimes covered by the act or who try to HIDTAs integrate and synchronize central cities. intimidate or retaliate against wit- efforts to reduce drug trafficking. Gang members even travel to coun- nesses can get 20 years. And, if they They eliminate unnecessary duplica- tries such as Mexico and El Salvador. kill someone, they can get life impris- tion of effort and maximize resources. The Logan Heights Gang in San onment or the death penalty. And they improve intelligence and Diego, for example, is currently em- The bill should ensure that prosecu- information sharing both within and ployed by the Arellano-Felix Cartel to tors can use the Travel Act to act between regions. help guard drug shipments in Mexico. against crimes caused by the new HIDTAs are necessary because drug The Logan Heights Gang has also Mafia: organized street gangs. trafficking tends to be been linked to the killing of Cardinal The bill would increase the penalties ‘‘headquartered’’ in certain areas of the Juan Pasados-Ocampo in Guadalajara for using or attempting to use physical country, from which it spreads to other in 1993. force to intimidate witnesses. areas. As gangs have spread into rural areas The bill would increase the max- Moreover, drug traffickers have been and become more interstate and inter- imum punishment for this crime from highly organized and developed sophis- national, it has become more impor- 10 years to 20 years. ticated interstate and international op- tant than ever to ensure coordination The bill would also create a crime of erations. between local, state, and federal law threatening to use physical force However, both of these points are enforcement to combat gangs. against a witness. true for criminal gangs generally. The HIDTA program has worked well Such a threat could be punished by While criminal street gangs flourish and provides a good model for the high up to 10 years. in certain urban areas such as Los An- intensity interstate gang activity area Violent crimes by gang members geles and Chicago, they typically also program that this bill creates. often go unpunished because witnesses use these cities as bases to invade more I expect that the high intensity are afraid that, if they testify, gangs rural locales. interstate gang activity area program In addition, many gangs have gone will kill or hurt them or their families. will help reduce the gang problem in from relatively disorganized groups of For example, the Philadelphia deputy the same way that the HIDTA program street toughs to highly disciplined, district attorney testified before Con- has helped reduce the drug problem. hierarchical ‘‘corporations,’’ often en- gress in 1997 that a very high number of The bill also allows serious juvenile compassing numerous jurisdictions. the unsolved homicides in Philadelphia drug offenses to be Armed Career The Gangster Disciples Nation, for were unsolved due to gang intimida- Criminal Act predicates. example, developed a corporate struc- tion. This provision ensures that career ture. One study found that intimidation of They had a chairman of the board, criminals do not escape higher sen- victims and witnesses was a major two boards of directors, one for prisons tences just because their most serious problem for 40–50 percent of prosecu- and one for streets, governors, regents, drug offenses occurred when they were tors. area coordinators, enforcers, and a juvenile. A similar study determined that wit- ‘‘shorties,’’ youth who staff drug-sell- Under this legislation, all armed ca- ness intimidation occurs in at least 75 ing sites and help with drug deals. reer criminals will get up to the max- percent of violent crimes in gang-domi- From 1987 to 1994, this gang was re- imum statutory maximum of 15 years nated neighborhoods. sponsible for killing more than 200 peo- in jail, time which may be not reduced Recently, DOJ estimated that wit- ple. Moreover, one-half of their arrests through suspension or probation. ness intimidation has been growing were for drug offenses and only one- The bill makes the gang statute con- since 1990 and is now a factor in about third for nonlethal violence. sistent with the Supreme Court’s re- two-thirds of violent crimes committed In 1996, the Gangster Disciples Na- cent opinion in Apprendi v. United in some gang-dominated neighbor- tion and other Chicago-based gangs States. hoods. were in 110 jurisdictions in 35 States. In that decision, the Supreme Court The bill would help deter and punish Southern California-based gangs are held that any fact that increases the victim and witness intimidation by equally well-dispersed. penalty for a crime beyond the statu- gangs. In 1994, gangs claiming affiliation tory maximum must be treated as an The bill amends several criminal with the Bloods or Crips, both of whom element of the offense. statutes to address violent crimes fre- are based in Southern California, were This decision has caused some prob- quently or typically committed by in 180 jurisdictions in 42 states. lems for law enforcement in pros- gangs. As a result of such dispersal, violent ecuting gang crimes. Crimes include carjacking, assault, criminal gangs can be found in rural This is because the Federal gang manslaughter, racketeering, murder- areas. statute has been treated as a sentence for-hire, and fraud against the United For example, Washington State law enhancement statute, not a stand- States. enforcement told us about one gang alone criminal offense statute. These amendments make it easier for member that they traced from Comp- Before Apprendi, prosecutors would prosecutors to prove these crimes by ton, California to San Francisco, then charge gang members with drug and eliminating or modifying the intent re- to Portland, Seattle, and Billings, other crimes. quirement for the crimes or by increas- Montana, and finally Sioux Falls, If they were convicted, they would ing the penalties for violations. South Dakota. then ask the court to enhance the gang The bill permits the Attorney Gen- The Justice Department has found member’s sentence because of his or eral to designate high intensity inter- that, from the 1970s to the 1990s, the her membership in a criminal gang. state gang activity areas, HIIGAs, and number of small cities or towns, those On many occasions, this sentence en- authorizes $100,000,000 for each of 7 with populations smaller than 10,000, hancement would go beyond the statu- years for these task forces. with gangs increased by between 15 to tory maximum for the underlying of- These provisions are modeled after 39 times. fenses. similar provisions creating high inten- This is a larger relative increase than In light of Apprendi, this bill re- sity drug trafficking areas, HIDTAs. for cities with populations larger than writes federal law to ensure that pros- HIDTAs are joint efforts of local, 10,000. ecutors can charge gang members for a State, and Federal law enforcement In the 1999 National Youth Gang Sur- separate offense under the federal gang agencies whose leaders work together vey, law enforcement estimated that statute. S8210 CONGRESSIONAL RECORD — SENATE July 25, 2001 In doing so, the bill also makes it uses a minor to commit a crime of violence was found to have committed as a basis for easier for prosecutors to charge gang for which such person may be prosecuted in the person’s conviction under this section. members by reducing the membership a court of the United States, or to assist in ‘‘(2) CONSTRUCTION WITH OTHER CONVIC- requirement for a criminal gang from a avoiding detection or apprehension for such TIONS.—A term of imprisonment imposed an offense, shall— under this section shall run consecutively minimum of five members to a min- ‘‘(1) be subject to twice the maximum term with any term imposed upon conviction of imum of three members. of imprisonment and twice the maximum another count under the same indictment or The bill authorizes $50,000,000 for 5 fine that would otherwise be authorized for information for an offense described in sub- years to make grants to prosecutors’ the offense; and section (c). officers to combat gang crime and ‘‘(2) for the second and any subsequent con- ‘‘(3) FORFEITURE.—A person convicted youth violence. viction under this subsection, be subject to under this section shall also forfeit to the This money will help implement this three times the maximum term of imprison- United States, notwithstanding any provi- legislation by ensuring that law en- ment and three times the maximum fine sion of State law, all property, whether real forcement has the money to prosecute that would otherwise be authorized for the or personal, derived directly or indirectly offense. from the offense, all property used to facili- gang members. ‘‘(b) DEFINITIONS.—In this section: tate the offense, and all property traceable This is important legislation. ‘‘(1) CRIME OF VIOLENCE.—The term ‘crime thereto. The forfeiture shall be in accord- I urge my colleagues to act quickly of violence’ has the meaning set forth in sec- ance with the procedures set forth in the to pass it. tion 16 of this title. Federal Rules of Criminal Procedure and sec- I would also ask unanimous consent ‘‘(2) MINOR.—The term ‘minor’ means a tion 413 of the Controlled Substances Act (21 that the text of the bill and an accom- person who is less than 18 years of age. U.S.C. 853). panying section-by-section description ‘‘(3) USES.—The term ‘uses’ means em- ‘‘(c) PREDICATE OFFENSES.—The offenses be printed in the RECORD. ploys, hires, persuades, induces, entices, or described in this subsection are as follows: There being no objection, the mate- coerces.’’. ‘‘(1) A Federal felony involving a con- rial was ordered to be printed in the (b) CLERICAL AMENDMENT.—The table of trolled substance (as defined in section 102 of sections at the beginning of chapter 1 of title the Controlled Substances Act (21 U.S.C. RECORD, as follows: 18, United States Code, is amended by adding 802)) for which the maximum penalty is not S. 1236 at the end the following: less than 5 years. Be it enacted by the Senate and House of Rep- ‘‘25. Use of minors in crimes of violence.’’. ‘‘(2) A Federal felony crime of violence (as resentatives of the United States of America in defined in section 16 of this title) against the Congress assembled, SEC. 4. INCREASED PENALTIES FOR USING MI- NORS TO DISTRIBUTE DRUGS. person of another. SECTION 1. SHORT TITLE. Section 420 of the Controlled Substances ‘‘(3) An offense under section 522 of this This Act may be cited as the ‘‘Criminal Act (21 U.S.C. 861) is amended— title. Gang Abatement Act of 2001’’. (1) in subsection (b), by striking ‘‘one ‘‘(4) An offense under section 844 of this SEC. 2. SOLICITATION OR RECRUITMENT OF PER- year’’ and inserting ‘‘3 years’’; and title. SONS IN CRIMINAL STREET GANG ‘‘(5) An offense under section 875 or 876 of ACTIVITY. (2) in subsection (c), by striking ‘‘one year’’ and inserting ‘‘5 years’’. this title. (a) PROHIBITED ACTS.—Chapter 26 of title ‘‘(6) An offense under section 1084 or 1955 of 18, United States Code, is amended by adding SEC. 5. CRIMINAL STREET GANGS. this title. at the end the following: (a) IN GENERAL.—Section 521 of title 18, ‘‘(7) An offense under section 1956 of this ‘‘§ 522. Recruitment of persons to participate United States Code, is amended to read as title, to the extent that the offense is related in criminal street gang activity follows: to an offense involving a controlled sub- ‘‘(a) PROHIBITED ACTS.—It shall be unlawful ‘‘§ 521. Criminal street gangs stance. for any person to use any facility in, or trav- ‘‘(a) DEFINITIONS.—In this section: ‘‘(8) An offense under chapter 73 of this el in, interstate or foreign commerce, or ‘‘(1) CONVICTION.—The term ‘conviction’ in- title. cause another to do so, to recruit, solicit, in- cludes a finding, under Federal or State law, ‘‘(9) An offense under section 274(a)(1)(A), duce, command, or cause another person to that a person has committed an act of juve- 277, or 278 of the Immigration and Nation- be or remain as a member of a criminal nile delinquency involving an offense de- ality Act (8 U.S.C. 1324(a)(1)(A), 1327, 1328)). street gang, or conspire to do so, with the in- scribed in subsection (c). ‘‘(10) A conspiracy, attempt, or solicitation tent that the person being recruited, solic- ‘‘(2) CRIMINAL STREET GANG.—The term to commit an offense described in para- ited, induced, commanded, or caused to be or ‘criminal street gang’ means an ongoing graphs (1) through (9). remain a member of such gang participate in group, club, organization, or association of 3 ‘‘(11) A State offense that would have been an offense described in section 521(c) of this or more persons, whether formal or an offense described in paragraphs (1) title. informal— through (10), if Federal jurisdiction existed. ‘‘(b) PENALTIES.—Any person who violates ‘‘(A) that has as 1 of its primary purposes (b) AMENDMENT OF SPECIAL SENTENCING subsection (a) shall— or activities the commission of 1 or more of PROVISION.—Section 3582(d) of title 18, ‘‘(1) be imprisoned not more than 10 years, the offenses described in subsection (c); United States Code, is amended— fined under this title, or both; and ‘‘(B) the members of which engage, or have (1) by striking ‘‘chapter 95 (racketeering) ‘‘(2) if the person recruited, solicited, in- engaged within the past 5 years, in a con- or 96 (racketeer influenced and corrupt orga- duced, commanded, or caused is a minor, at tinuing series of offenses described in sub- nizations) of this title’’ and inserting ‘‘sec- the discretion of the sentencing judge, be lia- section (c); and tion 521 or 522 (criminal street gangs) of this ble for any costs incurred by the Federal ‘‘(C) the activities of which affect inter- title, in chapter 95 (racketeering) or 96 (rack- Government, or by any State or local gov- state or foreign commerce. eteer influenced and corrupt organizations) ernment, for housing, maintaining, and ‘‘(3) STATE.—The term ‘State’ means a of this title,’’; and treating the person until the person attains State of the United States, the District of (2) by inserting ‘‘a criminal street gang or’’ the age of 18 years. Columbia, and any commonwealth, territory, before ‘‘an illegal enterprise’’. ‘‘(c) DEFINITIONS.—In this section: or possession of the United States. (c) CONFORMING AMENDMENT RELATING TO ORDERS FOR RESTITUTION.—Section 3663(c)(4) ‘‘(1) CRIMINAL STREET GANG.—The term ‘‘(b) OFFENSE.— of title 18, United States Code, is amended by ‘criminal street gang’ has the meaning set ‘‘(1) IN GENERAL.—Whoever during the com- striking ‘‘chapter 46 or chapter 96 of this forth in section 521 of this title. mission of an offense described in paragraphs title’’ and inserting ‘‘section 521 of this title, ‘‘(2) MINOR.—The term ‘minor’ means a (1) through (10) of subsection (c)— under chapter 46 or 96 of this title,’’. person who is less than 18 years of age.’’. ‘‘(A) participates in a criminal street gang (b) CLERICAL AMENDMENT.—The table of with knowledge that its members engage in SEC. 6. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF CRIMI- sections at the beginning of chapter 26 of or have engaged in a continuing series of of- title 18, United States Code, is amended by NAL GANGS. fenses described in subsection (c); (a) TRAVEL ACT AMENDMENTS.—Section adding at the end the following: ‘‘(B) intends to promote or further the felo- 1952 of title 18, United States Code, is ‘‘522. Recruitment of persons to participate nious activities of the criminal street gang amended— in criminal street gang activ- or maintain or increase the person’s position (1) in subsection (a)— ity.’’. in the gang; and (A) by striking ‘‘and thereafter performs or SEC. 3. PENALTIES FOR USE OF MINORS IN ‘‘(C) has been convicted within the past 5 attempts to perform’’ and inserting ‘‘and CRIMES OF VIOLENCE. years of an offense described in subsection thereafter performs, or attempts or conspires (a) IN GENERAL.—Chapter 1 of title 18, (c), to perform’’; United States Code, is amended by adding at shall be imprisoned for a term that is not (B) by striking ‘‘5 years’’ and inserting ‘‘10 the end the following: more than 10 years greater than the max- years’’; and ‘‘§ 25. Use of minors in crimes of violence imum term provided by statute for the most (C) by inserting ‘‘, and may be sentenced to ‘‘(a) PENALTIES.—Whoever, being a person serious offense described in paragraphs (1) death’’ after ‘‘if death results shall be im- not less than 18 years of age, intentionally through (10) of subsection (c) that the person prisoned for any term of years or for life’’; July 25, 2001 CONGRESSIONAL RECORD — SENATE S8211 (2) by redesignating subsections (b) and (c) ‘‘(B) in the case of— (iii) in paragraph (6), by striking ‘‘three’’ as subsections (c) and (d), respectively; ‘‘(i) an attempt to murder; or and inserting ‘‘ten’’; and (3) by inserting after subsection (a) the fol- ‘‘(ii) the use, or attempted use, of physical (B) in subsection (b)— lowing new subsection (b): force against any person, (i) by striking ‘‘and’’ at the end of para- ‘‘(b) Whoever travels in interstate or for- imprisonment for not more than twenty graph (1); eign commerce or uses the mail or any facil- years; and (ii) by striking the period at the end of ity in interstate or foreign commerce with ‘‘(C) in the case of the use of the threat of paragraph (2) and inserting ‘‘; and’’; and intent, by bribery, force, intimidation, or physical force against any person, imprison- (iii) by adding at the end the following new threat, directed against any person, to delay ment for not more than ten years.’’; paragraph (3): or influence the testimony of or prevent (2) in subsection (b), by striking ‘‘or phys- ‘‘(3) ‘serious bodily injury’ has the meaning from testifying a witness in a State criminal ical force’’; and set forth in section 2119 of this title.’’. proceeding, or by any such means to cause (3) by adding at the end the following: (d) CONSPIRACY.—Section 371 of title 18, any person to destroy, alter, or conceal a ‘‘(j) Whoever conspires to commit any of- United States Code, is amended— record, document, or other object, with in- fense under this section shall be subject to (1) by designating the first paragraph as tent to impair the object’s integrity or avail- the same penalties as those prescribed for subsection (a); ability for use in such a proceeding, and the offense the commission of which was the (2) in subsection (a), as so designated, by thereafter performs, or attempts or conspires object of the conspiracy.’’. striking ‘‘either to commit any offense to perform, an act described in this sub- (b) RETALIATING AGAINST A WITNESS.—Sec- against the United States, or’’; section shall be fined under this title, im- tion 1513 of title 18, United States Code, is (3) by striking the second paragraph; and prisoned not more than 20 years, or both, and amended by adding at the end the following: (4) by adding at the end the following new if death results, shall be imprisoned for any ‘‘(e) Whoever conspires to commit any of- subsection: term of years or for life, and may be sen- fense under this section shall be subject to ‘‘(b) If two or more persons conspire to tenced to death.’’; and the same penalties as those prescribed for commit any offense against the United (4) in subsection (c), as so redesignated, by the offense the commission of which was the States, and one or more of such persons do inserting ‘‘assault with a deadly weapon, as- object of the conspiracy.’’. any act to effect the object of the con- sault resulting in serious bodily injury (as (c) CONFORMING AMENDMENTS.— spiracy, each shall be subject to the same defined in section 1365 of this title), shooting (1) WITNESS TAMPERING.—Section 1512 of penalties as those prescribed for the most se- at an occupied dwelling or motor vehicle, in- title 18, United States Code, is amended in rious offense the commission of which was timidation of or retaliation against a wit- subsections (b)(3) and (c)(2) by inserting ‘‘su- the object of the conspiracy, except that the ness, victim, juror, or informant,’’ after ‘‘ex- pervised release,’’ after ‘‘probation’’. penalty of death shall not be imposed.’’. tortion, bribery,’’. (2) RETALIATION AGAINST A WITNESS.—Sec- SEC. 9. SERIOUS JUVENILE DRUG OFFENSES AS (b) AMENDMENT TO SENTENCING GUIDE- tion 1513 of title 18, United States Code, is PREDICATE FOR ARMED CAREER LINES.—Pursuant to its authority under sec- amended in subsections (a)(1)(B) and (b)(2) by CRIMINAL STATUS. tion 994(p) of title 28, United States Code, the inserting ‘‘supervised release,’’ after ‘‘proba- Section 924(e)(2)(C) of title 18, United United States Sentencing Commission shall tion’’. States Code, is amended by inserting ‘‘or se- rious drug offense’’ after ‘‘violent felony’’. amend the Federal Sentencing Guidelines to SEC. 8. OTHER VIOLENT OFFENSES FREQUENTLY provide an appropriate increase in the of- OR TYPICALLY COMMITTED BY SEC. 10. SENTENCING GUIDELINES FOR GANG fense level for violations of section 1952 of GANGS. CRIMES, INCLUDING AN INCREASE IN OFFENSE LEVEL FOR PARTICIPA- title 18, United States Code, as amended by (a) CARJACKING.—Section 2119 of title 18, TION IN CRIME AS A GANG MEMBER. this section. United States Code, is amended by striking Pursuant to its authority under section SEC. 7. INCREASED PENALTIES FOR USING PHYS- ‘‘, with the intent to cause death or serious 994(p) of title 28, United States Code, the ICAL FORCE TO TAMPER WITH WIT- bodily harm’’. United States Sentencing Commission shall NESSES, VICTIMS, OR INFORMANTS. (b) AMENDMENTS RELATING TO VIOLENT amend the Federal sentencing guidelines to (a) IN GENERAL.—Section 1512 of title 18, CRIME IN AREAS OF EXCLUSIVE FEDERAL JU- eliminate the policy statement in section United States Code, is amended— RISDICTION.— 5K2.18 of the guidelines regarding section 521 (1) in subsection (a)— (1) ASSAULT WITHIN MARITIME AND TERRI- of title 18, United States Code, and instead (A) in paragraph (1), by striking ‘‘as pro- TORIAL JURISDICTION OF UNITED STATES.—Sec- provide a base offense level in chapter 2 of vided in paragraph (2)’’ and inserting ‘‘as tion 113(a)(3) of title 18, United States Code, the guidelines for offenses described in sec- provided in paragraph (3)’’; is amended by striking ‘‘with intent to do tions 521 and 522 of title 18, United States (B) by redesignating paragraph (2) as para- bodily harm,’’. Code, that reflects the seriousness of these graph (3); (2) MANSLAUGHTER.—Section 1112(b) of title offenses. Such guidelines shall include an ap- (C) by inserting after paragraph (1) the fol- 18, United States Code, is amended by strik- propriate enhancement (which shall be in ad- lowing: ing ‘‘ten years’’ and inserting ‘‘twenty dition to any other adjustment under chap- ‘‘(2) Whoever uses physical force or the years’’. ter 3 of the Federal Sentencing guidelines) threat of physical force against any person, (3) OFFENSES WITHIN INDIAN COUNTRY.—Sec- for any offense described in section 521 if the or attempts to do so, with intent to— tion 1153(a) of title 18, United States Code, is offense was both committed in connection ‘‘(A) influence, delay, or prevent the testi- amended by inserting ‘‘an offense for which with, or in furtherance of, the activities of a mony of any person in an official proceeding; the maximum statutory term of imprison- criminal street gang and the defendant was a ‘‘(B) cause or induce any person to— ment under section 1363 of this title is great- member of the gang at the time of the of- ‘‘(i) withhold testimony, or withhold a er than five years,’’ after ‘‘a felony under fense. Such guidelines shall also include an record, document, or other object, from an chapter 109A,’’. appropriate enhancement (which shall be in official proceeding; (4) RACKETEER INFLUENCED AND CORRUPT addition to any other adjustment under ‘‘(ii) alter, destroy, mutilate, or conceal an ORGANIZATIONS.—Section 1961(1)(A) of title chapter 3 of the Federal Sentencing Guide- object with intent to impair the object’s in- 18, United States Code, is amended by insert- lines) for a person who, in violating such sec- tegrity or availability for use in an official ing ‘‘or would have been so chargeable except tion 522, recruits, solicits, induces, com- proceeding; that the act or threat (other than gambling) mands, or causes another person residing in ‘‘(iii) evade legal process summoning that was committed in Indian country, as defined another State to be or remain a member of person to appear as a witness, or to produce in section 1151 of this title, or in any other a criminal street gang, or who crosses a a record, document, or other object, in an of- area of exclusive federal jurisdiction’’ after State line with intent to violate such section ficial proceeding; or ‘‘chargeable under State law’’. 522. ‘‘(iv) be absent from an official proceeding (c) AMENDMENTS TO STATUTES PUNISHING SEC. 11. HIGH INTENSITY INTERSTATE GANG AC- to which such person has been summoned by VIOLENT CRIMES FOR HIRE OR IN AID OF RACK- TIVITY AREAS. legal process; or ETEERING.— (a) DEFINITIONS.—In this section: ‘‘(C) hinder, delay, or prevent the commu- (1) MURDER-FOR-HIRE.—Section 1958(a) of (1) GOVERNOR.—The term ‘‘Governor’’ nication to a law enforcement officer or title 18, United States Code, is amended by means a Governor of a State or the Mayor of judge of the United States of information re- inserting ‘‘or other felony crime of violence the District of Columbia. lating to the commission or possible com- against the person’’ after ‘‘murder’’. (2) HIGH INTENSITY INTERSTATE GANG ACTIV- mission of a Federal offense or a violation of (2) VIOLENT CRIMES IN AID OF RACKET- ITY AREA.—The term ‘‘high intensity inter- conditions of probation, supervised release, EERING.—Section 1959 of title 18, United state gang activity area’’ means an area parole, or release pending judicial pro- States Code, is amended— within a State that is designated as a high ceedings, (A) in subsection (a)— intensity interstate gang activity area under shall be punished as provided in paragraph (i) in paragraph (4)— subsection (b)(1). (3).’’; and (I) by inserting ‘‘specified in paragraphs (1) (3) STATE.—The term ‘‘State’’ means a (D) in paragraph (3), as so redesignated— through (3)’’ after ‘‘threatening to commit a State of the United States, the District of (i) by striking ‘‘and’’ at the end of subpara- crime of violence’’; and Columbia, and any commonwealth, territory, graph (A); and (II) by striking ‘‘five’’ and inserting ‘‘ten’’; or possession of the United States. (ii) by striking subparagraph (B) and in- (ii) in paragraph (5), by striking ‘‘ten’’ and (b) HIGH INTENSITY INTERSTATE GANG AC- serting the following: inserting ‘‘twenty’’; TIVITY AREAS.— S8212 CONGRESSIONAL RECORD — SENATE July 25, 2001

(1) DESIGNATION.—The Attorney General, SEC. 12. AUTHORITY TO MAKE GRANTS TO PROS- authorized for the offense. For any second or upon consultation with the Secretary of the ECUTORS’ OFFICES TO COMBAT subsequent conviction under the section, the Treasury and the Governors of appropriate GANG CRIME AND YOUTH VIOLENCE. offender is subject to three times the max- States, may designate as a high intensity (a) IN GENERAL.—Section 31702 of subtitle Q imum penalty. of title III of the Violent Crime Control and interstate gang activity area a specified area SECTION 4 that is located— Law Enforcement Act of 1994 (42 U.S.C. 13862) Amends 21 U.S.C. 861 to increase the min- (A) within a State; or is amended— imum penalty to three years for any first- (B) in more than 1 State. (1) in paragraph (2), by striking ‘‘and’’ at time offender who employs or uses a minor (2) ASSISTANCE.—In order to provide Fed- the end; to distribute, receive, or avoid detection of a eral assistance to a high intensity interstate (2) in paragraph (4), by striking the period controlled substance in violation of the title gang activity area, the Attorney General at the end and inserting a semicolon; and or title III. The minimum punishment for a may— (3) by adding at the end the following: repeat offender is increased to five years. (A) facilitate the establishment of a re- ‘‘(5) to allow the hiring of additional pros- gional task force, consisting of Federal, ecutors, so that more cases can be pros- SECTION 5 State, and local law enforcement authori- ecuted and backlogs reduced; Amends 18 U.S.C. 521 to transform it from ties, for the coordinated investigation, dis- ‘‘(6) to provide funding to enable prosecu- a penalty enhancement provision to an of- ruption, apprehension, and prosecution of tors to address drug, gang, and youth vio- fense and, in so doing, also redefines the criminal activities of gangs and gang mem- lence problems more effectively; term ‘‘criminal street gang’’ to reduce the bers in the high intensity interstate gang ac- ‘‘(7) to provide funding to assist prosecu- membership requirement from ‘‘5 or more tivity area; and tors with funding for technology, equipment, persons’’ to ‘‘3 or more persons.’’ The rewrit- (B) direct the detailing from any Federal and training to assist prosecutors in reduc- ing of section 521 is in response to Apprendi department or agency (subject to the ap- ing the incidence of, and increase the suc- v. United States, 530 U.S. 466 (2000), in which proval of the head of that department or cessful identification and speed of prosecu- the Supreme Court held that any fact that agency, in the case of a department or agen- tion of young violent offenders; and increases the penalty for a crime beyond the cy other than the Department of Justice) of ‘‘(8) to provide funding to assist prosecu- statutory maximum, other than for a prior personnel to the high intensity interstate tors in their efforts to engage in community conviction, must be treated as an element of gang activity area. prosecution, problem solving, and conflict the offense. (3) CRITERIA FOR DESIGNATION.—In consid- resolution techniques through collaborative The proposed amendment establishes ten ering an area (within a State or within more efforts with police, school officials, proba- predicate offenses in subsection c. Those of- than 1 State) for designation as a high inten- tion officers, social service agencies, and fenses are: a Federal felony involving a con- sity interstate gang activity area under this community organizations.’’. trolled substance for which the maximum section, the Attorney General shall (b) AUTHORIZATION OF APPROPRIATIONS.— penalty is not less than 5 years; a Federal consider— Section 31707 of subtitle Q of title III of the felony crime of violence; an offense under (A) the extent to which gangs from the Violent Crime Control and Law Enforcement newly created section 522; an offense under area are involved in interstate or inter- Act of 1994 (42 U.S.C. 13867) is amended to section 844, (importation, manufacture, dis- national criminal activity; read as follows: tribution, and storage of explosive materials; (B) the extent to which the area is affected ‘‘SEC. 31707. AUTHORIZATION OF APPROPRIA- an offense under sections 875 or 876, kidnap- by the criminal activity of gang members TIONS. ping and extortion; an offense under section who— ‘‘There are authorized to be appropriated 1084 or 1955, illegal gambling; an offense (i) are located in, or have relocated from, to carry out this subtitle, $50,000,000 for each under section 1956, money laundering, to the other States; or of fiscal years 2002 through 2006.’’. extent it relates to an offense involving a (ii) are located in, or have immigrated (le- SEC. 13. NOTIFICATION AFTER ARREST. controlled substance; an offense under chap- gally or illegally) from, foreign countries; Section 5033 of title 18, United States Code, ter 73 of title 18, obstruction of justice; an of- (C) the extent to which the area is affected is amended by striking ‘‘arresting officer’’ fense under section 274(a)(1)(A), 277, or 278 of by the criminal activity of gangs that origi- each place it appears in the first and second the Immigration and Nationality Act, illegal nated in other States or foreign countries; sentences and inserting ‘‘arresting officer or transportation of an alien; and a conspiracy, (D) the extent to which State and local law another representative of the Attorney Gen- attempt, or solicitation to commit an of- enforcement agencies have committed re- eral’’. fense described above. sources to respond to the problem of crimi- Any person who commits one of the predi- nal gang activity in the area, as an indica- CRIMINAL GANG ABATEMENT ACT OF 2001— cate offenses while participating in a crimi- tion of their determination to respond ag- SECTION-BY-SECTION nal street gang with the intent of promoting gressively to the problem; SECTION 1 the felonious activities of the gang, and who has been convicted within the past five years (E) the extent to which a significant in- The short title of the bill is the ‘‘Criminal of one of the predicate offenses, faces an ad- crease in the allocation of Federal resources Gang Abatement Act of 2001.’’ would enhance local response to gang-related ditional 10-year consecutive sentence for the criminal activities in the area; and SECTION 2 predicate crime. The bill also provides for (F) any other criteria that the Attorney Adds section 522 to Chapter 26 of title 18, the forfeiture of any property derived di- General considers to be appropriate. which prohibits any person from traveling rectly or indirectly from the offense. in, or using any facility in, interstate com- The bill also amends 18 U.S.C. 3582(d) to (c) AUTHORIZATION OF APPROPRIATIONS.— merce to recruit or retain a person as a allow the court to include as part of the sen- (1) IN GENERAL.—There is authorized to be appropriated to carry out this section member of a criminal street gang with the tence for any person convicted under section $100,000,000 for each of fiscal years 2002 intent that the recruited or retained indi- 521 or 522 an order requiring the offender through 2008, to be used in accordance with vidual participate in an offense described in while in prison to not associate or commu- paragraph (2). section 521(c) of the title. Section 521(c) of- nicate with a specified person upon a show- fenses are Federal felonies involving con- ing of probable cause that the association or (2) USE OF FUNDS.—Of amounts made avail- able under paragraph (1) in each fiscal year— trolled substances for which the maximum communication is for the purpose of enabling (A) 60 percent shall be used to carry out penalty is not less than five years, a Federal the offender to be engaged in illegal activity. subsection (b)(2); and felony crime of violence involving the use or SECTION 6 (B) 40 percent shall be used to make grants attempted use of physical force, and conspir- Amends 18 U.S.C. 1952 to increase the max- for community-based programs to provide acies to commit either of these two offenses. imum penalty for traveling in interstate or The penalties for violating the section in- crime prevention and intervention services foreign commerce or using any facility in clude imprisonment for not more than 10 that are designed for gang members and at- interstate or foreign commerce to distribute years, fines, or both. In addition, if the indi- risk youth in areas designated pursuant to the proceeds of any unlawful activity or for vidual who was recruited is a minor, the de- this section as high intensity interstate gang promoting, managing, establishing, carrying fendant may be held liable for any costs in- activity areas. on of any unlawful activity from five years curred by the Federal, State, or local govern- (3) REQUIREMENT.— to ten. In addition, the bill authorizes the ment for housing, maintaining, and treating (A) IN GENERAL.—The Attorney General death penalty for any person convicted of the minor until the age of 18. shall ensure that not less than 10 percent of traveling, or using any facility, in foreign or The term ‘‘criminal street gang’’ is amend- amounts made available under paragraph (1) interstate commerce to commit any crime of ed in section 5 of this bill. in each fiscal year are used to assist rural violence to further an unlawful activity, if States affected as described in subparagraphs SECTION 3 that act of violence results in death. Con- (B) and (C) of subsection (b)(3). Prohibits the intentional use of minors to spiring to violate the section is treated the (B) RURAL STATE DEFINED.—In this para- commit a crime of violence or to assist in same as an actual or attempted violation. graph, the term ‘‘rural State’’ has the mean- avoiding detection or apprehension for such The bill amends the section to include new ing given the term in section 1501(b) of title an offense. Any first-time offender shall be subsection b, which provides that any person I of the Omnibus Crime Control and Safe subject to twice the maximum term of im- who travels in interstate or foreign com- Streets Act of 1968 (42 U.S.C. 3796bb(b)). prisonment and fine that would otherwise be merce or uses any facility in interstate or July 25, 2001 CONGRESSIONAL RECORD — SENATE S8213 foreign commerce with the intent to delay or stands, the section applies only to those who the area, and any other criteria deemed ap- influence the testimony of or prevent from intend that a murder be committed; 2. 18 propriate. testifying a witness in a State criminal pro- U.S.C. 1959, which deals with violent crimes After such designation, the Attorney Gen- ceeding or who seeks to cause any person to in aid of racketeering. The bill increases the eral may provide assistance to the area by destroy, alter or conceal evidence and there- penalty for violating various subsections of facilitating the establishment of a regional after performs, or attempts or conspires to section 1959. The maximum punishment for task force, consisting of Federal, State, and perform, an act described above shall be im- threatening to commit a crime of violence is local law enforcement, for the coordinated prisoned not more than 20 years, fined, or increased from five to ten years; for attempt- investigation, disruption, apprehension, and both, and if death results, may be imprisoned ing or conspiring to commit murder or kid- prosecution of criminal activities of gangs for any term of years or for life, or be sen- napping is increased from ten to twenty and gang members in the area. In addition, tenced to death. years; and for attempting or conspiring to the Attorney General may direct the detail- The proposed section also amends redesig- commit a crime involving maiming, assault ing from any Federal department or agency, nated subsection c by amending ‘‘unlawful with a dangerous weapon, or assault result- subject to the approval of the head of that activity’’ to include assault with a deadly ing in serious bodily injury is increased from department or agency of personnel to the weapon, assault resulting in serious bodily three to ten years. The amendment also in- high intensity interstate gang activity area. injury, shooting at an occupied dwelling or corporates the definition of ‘‘serious bodily The bill authorizes $100,000,000 for each of motor vehicle, and intimidation of or retal- injury’’ set forth in section 2119 of the title fiscal years 2002 through 2008. Sixty percent iation against a witness, victim, juror, or in- as the term was previously undefined within of the appropriation is to be used to carry formant. the section. out the activities described above. The re- Finally, the bill directs the United States Subsection d amends 18 U.S.C. 371, dealing mainder is to be used to make grants for Sentencing Commission to amend the Fed- with conspiracies to commit offenses against community-based programs to provide crime eral Sentencing Guidelines to provide an ap- or to defraud the United States. The bill prevention and intervention services that propriate increase in the offense level for strikes the second paragraph of section 371, are designed for gang members and at-risk violations of the newly amended section. dealing with conspiracies involving mis- youth in the designated areas. The bill fur- ther requires the Attorney General to ensure demeanors. A second subsection is added SECTION 7 that not less than 10 percent of the amounts that provides that if two or more persons Amends 18 U.S.C. 1512 to increase the pen- spent each fiscal year are used to assist rural conspire to commit any offense against the alties for the use of physical force or the States. threat of physical force with the intent to United States, and one or more such persons SECTION 12 influence, delay, or prevent the testimony of acts on the conspiracy, each shall be subject any person in an official proceeding. to the same penalties as those prescribed for Amends the Violent Crime Control and The bill increases the maximum term of the most serious offense that was the object Law Enforcement Act of 1994, 42 U.S.C. 13862, imprisonment for the use of physical force of the conspiracy, except that the penalty of to permit additional uses for grants made by against any person in violation of the sec- death shall not be imposed. the Attorney General under the section. The additional uses are: to hire additional pros- tion from 10 years to 20 years. In the case of SECTION 9 the use of the threat of physical force ecutors; to provide funding to enable pros- Amends the term ‘‘conviction’’ in 18 U.S.C. ecutors to address drug, gang, and youth vio- against any person, the individual may be 924(e)(2)(C), part of the Armed Career Crimi- imprisoned for not more than ten years. lence problems more effectively; to provide nal Act, to include an act of juvenile delin- funding to assist prosecutors with funding Identical penalties are assessed for those quency involving serious drug offenses. who conspire to commit any offense under for technology, equipment, and training; and SECTION 10 the section. to provide funding to assist prosecutors in Requires the United States Sentencing their efforts to engage in community pros- SECTION 8 Commission to amend the Federal sen- ecution, problem solving, and conflict reso- This section amends various sections of tencing guidelines to eliminate the policy lution techniques through collaborative ef- title 18 to address violent offenses frequently statement in section 5K2.18 dealing with sen- forts with police, school officials, probation or typically committed by gangs. Most of the tence enhancement for gang crimes. As with officers, social service agencies, and commu- amendments either eliminate a mens rea re- the amendment to 18 U.S.C. 521 in section 5 nity organizations. quirement or increase the penalty for a vio- of the bill, the deletion is in response to the The bill authorizes the appropriation of lation. recent decision in Apprendi v. New Jersey, 530 $50,000,000 for each of fiscal years 2002 Subsection a amends 18 U.S.C. 2119 by U.S. 466 (2000). through 2006 to carry out the subtitle. eliminating the requirement that the of- Instead of the to-be-deleted and no longer SECTION 13 fender intend to cause death or serious bod- appropriate policy statement, the proposed ily harm during a carjacking in order to vio- Amends 18 U.S.C. 5033 so that government amendment directs the Commission to pro- officials, other than the arresting officer, late the section. vide a base offense level for offenses de- Subsection b amends: 1. 18 U.S.C. 113(a)(3), may advise juveniles of their rights, notify scribed in 18 U.S.C. 521 and 522 that reflects dealing with assaults within the maritime the Attorney General, and notify the juve- the seriousness of the offenses-including an and territorial jurisdiction of the United nile’s parents of the juvenile’s detainment appropriate enhancement for any offense de- States, by striking the requirement that the and rights. This provision clarifies a provi- scribed in section 521 committed by a mem- offender intend to do bodily harm when as- sion that has been interpreted in an overly ber of a criminal street gang in connection saulting a person with a dangerous weapon; literal manner by the Ninth Circuit and is with the activities of the gang. The guide- 2. 18 U.S.C. 1112(b), dealing with man- now causing numerous problems for law en- lines are also to include an appropriate en- slaughter within the maritime and terri- forcement in that circuit. See United States v. hancement for a person who, in violating torial jurisdiction of the United States, by Juvenile (RRA–A), 229 F.3d 737, 748 (9th Cir. section 522, recruits, solicits, induces, com- increasing the maximum penalty for vol- 2000) (Trott, J., dissenting). mands, or causes another person residing in untary manslaughter from ten years to another State to be or remain a member of twenty; 3. 18 U.S.C. 1153(a), which deals with By Mr. INOUYE: a criminal street gang, or who crosses a offenses committed within Indian country, S. 1237. A bill to allow certain indi- State line with intent to violate section 522. by including within the list of offenses sub- viduals of Japanese ancestry who were ject to the same law and penalties as all SECTION 11 brought forcibly to the United States other persons ‘‘an offense for which the max- Permits the Attorney General to designate from countries in Latin America dur- imum statutory term of imprisonment under an area as a high intensity interstate gang ing World War II and were interned in section 1363 of this title is greater than five activity area. The Attorney General makes the United States to be provided res- years’’; 4. 18 U.S.C. 1961(1)(A) by including such designation upon consultation with the titution under the Civil Liberties Act Secretary of the Treasury and the Governors within the definition of ‘‘racketeering activ- of 1988, and for other purposes; to the ity’’ the illegal activities specified in the of the appropriate States. In making such section that ‘‘would have been chargeable’’ designation, the Attorney General considers Committee on the Judiciary. under State law ‘‘except that the act or the extent to which gangs from the area are Mr. INOUYE. Mr. President, I rise to threat, other than gambling was committed involved in interstate or international crimi- introduce the Wartime Parity and Jus- in Indian country, as defined in section 1151 nal activity, the extent to which the area is tice Act of 2001, the Senate companion of this title, or in any other area of exclusive affected by the criminal activity of gang bill to H.R. 619. Among other things, Federal jurisdiction’’. members who are located in, or have relo- the bill provides restitution to Latin Subsection c amends: 1. 18 U.S.C. 1958(a), cated from, other States or foreign coun- Americans of Japanese ancestry who dealing with murder-for-hire, by bringing tries, the extent to which State and local were brought to the United States, within the scope of the section those who law enforcement agencies have committed travel, or use any facility, in interstate or resources to respond to the problem of crimi- then interned in Immigration and Nat- foreign commerce with the intent that a fel- nal gang activity in the area, the extent to uralization Service camps during ony crime of violence against the person be which a significant increase in the allocation World War II. committed in violation of the laws of any of Federal resources would enhance local re- Between December, 1941, to Feb- State or the United States. As it currently sponse to gang-related criminal activity in ruary, 1948, more than 2,000 men, S8214 CONGRESSIONAL RECORD — SENATE July 25, 2001 women, and children of Japanese an- in classrooms, in service learning pro- cent of high school seniors were cestry were relocated from thirteen grams, and in student leadership ac- ‘‘Below Basic’’ in their civics achieve- Latin American countries to the tivities, of America’s public schools; to ment. And, a 1999 study published by United States. During World War II, the Committee on Health, Education, the Lyndon B. Johnson School of Pub- the United States had these individuals Labor, and Pensions. lic Affairs at The University of Texas shipped to the United States to be Mr. WELLSTONE. Mr. President, I at Austin showed that the introduction traded with the Japanese Government hope that colleagues will support a bill of mandated state assessments in other for American prisoners of war. Of this I am introducing today: the Hubert H. fields, but typically not in civics, has number, approximately 800 were traded Humphrey Civic Education Enhance- resulted in a reduction in the amount for American prisoners of war. The re- ment Act. Senator DAYTON joins me as of class time spent on civics. maining individuals were placed in in- an original co-sponsor of this legisla- Moreover, in the years after leaving ternment camps throughout the United tion. As a co-sponsor of Senator DODD’s high school, young Americans are be- States. electoral reform bill, I look forward to coming less engaged in the democratic The governments of those thirteen a debate later this year on a strong process. While 50 percent of Americans Latin American countries cooperated electoral reform measure that will en- between the ages of 18 and 25 voted in with the United States because they sure that all Americans who wish to 1972, only 38 percent of that age group received millions of dollars in mone- vote be able to do so easily and without voted in 2000. And, according to a Har- tary compensation for their assistance. facing acts of intimidation and to do so vard University survey published in Much like their Japanese American using equipment that ensures all votes 2000, 85 percent of young people now counterparts in the United States, will be counted. However, as we think say that volunteer work is better than these people were selected merely be- about reforming the methods through political engagement as a way to solve cause of their ethnic origin. which our democracy is practiced on important issues. It is this evidence The big difference, however, is that Election Day, we should focus atten- that links this effort directly to any the United States made an effort to re- tion on an issue that arguably presents serious electoral reform effort. There- dress the wrong committed against the a challenge to the vibrancy of that de- fore, it is time for a serious national Japanese Americans. The Civil Lib- mocracy that is even more funda- response to all of these troubling indi- erties Act of 1988, signed into law by mental: the decline of young Ameri- cators on the civic health of those that President Reagan, allowed for mone- cans’ engagement in public affairs. we are relying upon to be thoughtful, tary compensation of $20,000 and an Turning the tide on political detach- active citizens in the years ahead. The apology from the United States Gov- ment by young persons through a new vibrancy of American elections of the ernment to all Japanese Americans in- commitment to civic education in our future depend upon our revitalizing terned in camps throughout the coun- public schools is the purpose of the civic education today. try. More than 120,000 Japanese Ameri- Humphrey Act. It is most appropriate that this legis- cans were placed into these internment Civic knowledge, civic intellectual lation focused on enhancing civic edu- camps because they were a ‘‘threat’’ to skills, civic participation skills, and cation would also serve as a memorial national security. To this day, not one civic virtue on the part of the Amer- to one of the great Minnesotans of the case of sabotage or espionage by Japa- ican citizenry are all crucial for the vi- twentieth century, Hubert H. Hum- nese Americans during World War II tality of a healthy representative de- phrey. As a political scientist, Mayor has been uncovered by the United mocracy. But, there is growing evi- of St. Paul, United States Senator and States Government. dence that many of our younger citi- as Vice President of the United States, Japanese Latin Americans were not zens are lagging in all of the compo- Hubert H. Humphrey exemplified thor- an eligible class under the Civil Lib- nents necessary for their effective en- oughly the application of civic knowl- erties Act of 1988 even though they suf- gagement in public life as they enter edge, civic intellectual skills, civic par- fered under the same conditions experi- adulthood. Because all these skills and ticipation skills, and civic virtue in enced by their Japanese American values are vital to effective citizenship, our representative democracy. As a counterparts. a multifaceted approach to enhancing teacher of political science at In 1996, Japanese Latin Americans civic education in our Nation’s elemen- Macalester College, Hubert Humphrey sued the United States Government in tary and secondary schools, expressed made the case to students that, to be Mochizuki v. the United States of in the Humphrey Act, is a true na- effective citizens, they must be in- America. Through the settlement of tional priority. formed about the political process and this case, the Japanese Latin Ameri- There are numerous pieces of evi- be analytical about the issues of their cans were eventually awarded $5,000 dence for a crisis in civic education time as they take stances on them. By each, along with a letter of apology that threatens the future vibrancy of becoming active in party politics and, signed by President Clinton. The set- our democracy. The most recent na- eventually, by running for office, Hum- tlement agreement explicitly allows tionwide survey of incoming college phrey was a role model of a participant for further action by Congress to fund freshmen conducted by the Higher Edu- in the democratic experience at the Japanese Latin American redress, in cation Research Institute at the Uni- local, State, and national levels. His light of the fact that Japanese Ameri- versity of California at Los Angeles re- belief in promoting public service was cans were allowed $20,000 under the ports that only 28.1 percent of the stu- also shown in his nonstop work, begin- Civil Liberties Act of 1988. dents entering college in the fall of 2000 ning in his first campaign for President My bill will allow us to correct this reported an interest in ‘‘keeping up to in 1960, in envisioning and supporting inequity by offering $20,000 to eligible date with political affairs.’’ This was the Peace Corps program. Finally, Hu- Japanese Latin Americans. The Japa- the lowest level in the 35 year history bert Humphrey stood firm in his prin- nese Latin Americans who chose to ac- of the survey. In 1966, 60.3 percent of ciples on so many occasions, exem- cept their $5,000 award would be offered students reported an interest in polit- plifying the civic virtue that is a cru- up to an additional $15,000 each. This ical affairs. In addition, the 1998 Na- cial ingredient of complete citizenship. bill would also reauthorize the edu- tional Assessment of Educational His moving oratory supporting Presi- cational mandate in the Act to con- Progress, NAEP, Civics Assessment re- dent Truman’s civil rights proposals at tinue research and education efforts, vealed startling results in terms of the 1948 Democratic National Conven- ensuring the internees’ experiences American students’ competence in tion helped to shift his political party will be remembered, and hopefully, to civics at grade levels 4, 8, and 12. At and, eventually, the entire nation on prevent recurrences. each grade level the percentage of stu- one of the fundamental issues of his dents shown to be ‘‘Below Basic’’ out- time. He showed fortitude in speech By Mr. WELLSTONE (for himself numbered the percentage in the ‘‘At or after speech and vote after vote on the and Mr. DAYTON): above Proficient’’ and ‘‘Advanced’’ lev- floor of this Senate in expressing his S. 1238. A bill to promote the engage- els combined. Thirty-one percent of heartfelt duty to support America’s ment of young Americans in the demo- fourth-grade students, thirty percent neediest citizens. As he put it: ‘‘The cratic process through civic education of eighth-graders, and thirty-five per- moral test of government is how that July 25, 2001 CONGRESSIONAL RECORD — SENATE S8215 government treats those who are in the tional Youth Leadership Council, that of funds for districts under the ‘‘inno- dawn of life, the children; those who exemplifies the power of service learn- vative programs’’ section of the Ele- are in the twilight of life, the elderly; ing as a force in civic education. After mentary and Secondary Education Act. and those who are in the shadows of the 8th grade students on a field trip to Specifically, it would allow local life, the sick, the needy and the handi- a historic cemetery discovered that it schools to use federal money to fund capped.’’ There simply is no more wor- had been ‘‘whites only,’’ a second field community service programs which thy person to memorialize in a new sig- trip discovered the burial site for the ‘‘train and mobilize young people to nificant national commitment to civic town’s African-Americans in the 19th measurably strengthen their commu- education than Hubert H. Humphrey. century. That cemetery was found to nities through nonviolence, responsi- Recognizing that there is no single be in a deplorable state, with vandal- bility, compassion, respect, and moral answer to revitalizing civic engage- ized headstones, unmarked graves, and courage.’’ I applaud the philosophy and ment in young Americans, the Hum- poorly kept records. The students key work of Do Something, an national or- phrey Act includes five sections, each question: ‘‘What are we going to do ganization founded in 1993 guided by centered on bettering a different aspect about it?’’ This led to the creation of the principle that young people could of civic education in the elementary the African American History Project change the world if they believed in and secondary schools of America. To- and any number of learning experi- themselves and had the tools to take gether, these five components of the ences emanating out of this service to action. Using a project-centered ap- Humphrey Act offer a thoughtful step accurately rehabilitate the cemetery: proach, Do Something recognizes forward in American civic education. Math classes platted the unmapped young people as effective leaders and, First, in decades past, new and vet- cemetery; history students undertook in the projects that they have pro- eran teachers in the field of social oral histories; research on those buried moted in hundreds of communities studies had high-quality professional in the cemetery took students to the linking students and caring educators development opportunities made avail- court records and to the pages of a 19th together, they have helped young per- able to them through programs funded century black newspaper. One of the sons turn their ideas into action. This by the federal government as part of results of the endeavor was the devel- section of the Humphrey Act would the National Defense Education Act, opment of a curriculum on the history promote the work of Do Something and the Education Professional Develop- of African-Americans in Huntsville for other local community service endeav- ment Act, the National Science Foun- third-graders by the middle-school stu- ors in schools all over the country. dation, and other programs designed by dents with the assistance of their Next, our Nation’s public middle and the Department of Education. In recent teachers. In this case, service and high schools often miss opportunities years, most of these federally-funded learning were almost entirely inter- to develop and support student govern- opportunities, particularly helpful for woven. ments that are viable voices for stu- new teachers, have disappeared. Social It is crucial, however, to connect dents in the operations of those studies teachers, most of whom are service learning experiences to class- schools. A 1996 study by the National now nearing retirement age, have told room civics curriculum to long-term Association of Secondary School Prin- me how crucial these programs, gen- payoff in terms of promoting students’ cipals showed that fewer than half of erally in the format of summer insti- involvement in public affairs. The high school students believed that tutes, were in aiding their ability to Humphrey Act would increase the au- their student government ‘‘affects deci- excite and inform their students about thorization of funds for the school- sions about co-curricular activities.’’ civics. We need to offer the same op- based Learn and Serve Program and Barely one-third expressed confidence portunities to younger civics teachers would authorize Service Learning In- in those governments’ ability to ‘‘af- and the same benefits of good civics stitutes dedicated to training/retrain- fect decisions about school rules.’’ We teachers to their students. Therefore, ing service learning teachers. Raising should also be concerned about the de- the Humphrey Act authorizes, at $25 the authorization level of the school- cline in participation in student lead- million annually, summer Civics Insti- based Learn and Serve program to $65 ership activities. Between 1972 and 1992, tutes to promote creative curricula and million would allow an expansion of a student government participation fell pedagogy. The establishment of a new program for which the funding levels by 20 percent and work on student pub- set of university and college campus- have been flat in recent fiscal years lications fell by 7 percent. Effective, based summer institutes for teachers of and would enhance states and local dis- innovative student government in all grades focused both on enlarging tricts to more sharply link service which the representatives of the stu- the teachers’ knowledge of specific learning programs to civic knowledge dents are connected to the decision- content as well as helping them to and engagement. Moreover, presently making processes in the school do more teach civics in exciting ways is a way there is little money left for the profes- than simply enhance the experiences of that the Federal Government can play sional development of new service those who are in the elected student a role in quickly making a difference learning instructors, including mid-ca- leadership positions. It also sends the in enhancing the civics classroom for reer teachers who are interested in message to those leaders’ constituents America’s students. being retrained in service learning. that participation in politics and gov- Next, when high in quality, service Therefore, it is important to develop a ernment can truly make a difference in learning programs have been shown to summer campus-based Service Learn- one’s daily life. Dynamic student lead- increase student efficacy in public af- ing Institutes program, to parallel the ership experiences can make a dif- fairs and to enhance students’ knowl- Civics Institutes program. Great ference in promoting the civic edu- edge of how government works and how strides have been made in the field of cation within America’s middle-schools social change can be brought about. service learning in recent years even and high schools. Therefore, this bill For instance, according to a 1997 study, with a limited federal investment; it is develops a competitive grants program high school students who participated time for this national investment to to provide funding for school districts in service learning programs have been increase in the interest of the future to use in strengthening student govern- shown to be more engaged in commu- vitality of our democracy. ment programs. In a similar manner, nity organizations and to vote than Third, we should do more to encour- student engagement in local or state their nonparticipant counterparts 15 age local schools’ innovation in the de- government activities or on school years after their service learning expe- velopment of community service pro- boards can be crucial in allowing young riences. I know that many of my col- grams that explicitly link volunteer persons to experience first-hand early leagues have heard stories from stu- activities to social change in their in their lives that participation does dents and educators engaged in service communities. Therefore, the Humphrey indeed matter. At present, in some learning that add depth to this data. I Act incorporates provisions of a bill in- communities, high school students are will recount just one description of a troduced in the House of Representa- explicitly involved in the activities of recent school-based service learning tives by Representative LINDSEY city government and school boards; we program in Huntsville, Alabama, co- GRAHAM to make spending on commu- should do all we can to make that more ordinated by the St. Paul-based Na- nity service programs an allowable use common. The grant programs in this S8216 CONGRESSIONAL RECORD — SENATE July 25, 2001 portion of the Humphrey Act, there- the State Education Agency K–12 Serv- Sec. 3. Commissioner as member of the fore, also may be used to develop inno- ice-Learning Network, the National board of trustees of the medi- vative programs for student engage- Youth Leadership Council, Do Some- care trust funds. ment in governmental activities. thing, the National Community Serv- Sec. 4. Exclusion of part D costs from deter- Finally, while a variety of civics edu- ice Coalition, Earth Force, Youth Serv- mination of part B monthly cation enhancement programs have ice America, the American Youth Pol- premium. been implemented through Federal icy Forum, the National Association of Sec. 5. Medigap revisions. Government efforts and at the state Secondary School Principals, and the SEC. 2. VOLUNTARY MEDICARE OUTPATIENT and local level, no comprehensive, na- National Association of Student Coun- PRESCRIPTION DRUG DISCOUNT tional research exists on the short- and cils. AND SECURITY PROGRAM. long-term efficacy of such programs in Hubert Humphrey said, ‘‘It is not (a) ESTABLISHMENT OF PROGRAM.—Title encouraging civic knowledge and other enough to merely defend democracy. XVIII of the Social Security Act (42 U.S.C. learning or in promoting civic engage- To defend it may be to lose it; to ex- 1395 et seq.) is amended by redesignating ment. This contrasts with the exten- tend it is to strengthen it. Democracy part D as part E and by inserting after part sive research on the effectiveness of is not property; it is an idea.’’ Let us C the following new part: different approaches to the teaching of extend democracy and, in so doing, cre- reading and mathematics that has ate a new generation of civic engage- ‘‘PART D—VOLUNTARY MEDICARE OUTPATIENT driven decisions about curricula in ment. I strongly urge my colleagues to PRESCRIPTION DRUG DISCOUNT AND SECU- RITY PROGRAM those fields. Therefore, the final sec- memorialize Hubert H. Humphrey and tion of the legislation authorizes the his life of civic engagement with the ‘‘DEFINITIONS Department of Education’s Office of passage of this legislation. Educational Research and Improve- ‘‘SEC. 1860. In this part: ment, OERI, to carry out an extensive By Mr. HAGEL (for himself, Mr. ‘‘(1) COMMISSIONER.—The term ‘Commis- sioner’ means the Commissioner of Medicare five-year research project on the fre- ENSIGN, and Mr. LUGAR): Prescription Drugs appointed under section quency and efficacy of different ap- S. 1239. A bill to amend title XVIII of 1860S(a). proaches employed in civic education, the Social Security Act to provide ‘‘(2) COVERED OUTPATIENT DRUG.— with attention given to their effective- medicare beneficiaries with a drug dis- ‘‘(A) IN GENERAL.—Except as provided in ness with different subgroups of stu- count card that ensures access to af- subparagraph (B), the term ‘covered out- dents. These include traditional class- fordable outpatient prescription drugs; patient drug’ means— room-based civics education, the feder- to the Committee on Finance. ‘‘(i) a drug that may be dispensed only ally-funded ‘‘We the People . . . the Mr. HAGEL. Mr. President, I ask upon a prescription and that is described in Citizen and the Constitution’’ cur- unanimous consent that the text of the clause (i) or (ii) of subparagraph (A) of sec- tion 1927(k)(2); or ricular program, experiential learning bill be printed in the RECORD. There being no objection, the bill was ‘‘(ii) a biological product or insulin de- programs such as the Close Up pro- scribed in subparagraph (B) or (C) of such gram, service learning, student govern- ordered to be printed in the RECORD, as section. ment, as well as more innovative pro- follows: ‘‘(B) EXCLUSIONS.— grams such as the ‘‘public works’’ ap- S. 1239 ‘‘(i) IN GENERAL.—The term ‘covered out- proach to civic engagement, designed Be it enacted by the Senate and House of Rep- patient drug’ does not include drugs or class- by the Hubert Humphrey Institute of resentatives of the United States of America in es of drugs, or their medical uses, which may Public Affairs at the University of Min- Congress assembled, be excluded from coverage or otherwise re- nesota, that involve work on common SECTION 1. SHORT TITLE; TABLE OF CONTENTS. stricted under section 1927(d)(2), other than (a) SHORT TITLE.—This Act may be cited as those restricted under subparagraph (E) of projects of civic benefit with a focus on the ‘‘Medicare Rx Drug Discount and Secu- such section (relating to smoking cessation bringing together individuals with ide- rity Act of 2001’’. agents). ological, cultural, racial, income, and (b) TABLE OF CONTENTS.—The table of con- ‘‘(ii) AVOIDANCE OF DUPLICATE COVERAGE.— other differences in carrying out the tents of this Act is as follows: A drug prescribed for an individual that project. So that we make wise cur- Sec. 1. Short title; table of contents. would otherwise be a covered outpatient ricular and funding decisions in the fu- Sec. 2. Voluntary Medicare Outpatient Pre- drug under this part shall not be considered ture we need to know which ap- scription Drug Discount and Se- to be such a drug if payment for the drug is proaches, and combinations of ap- curity Program. available under part A or B (but such drug shall be so considered if such payment is not proaches, to civic education are the ‘‘PART D—VOLUNTARY MEDICARE OUTPATIENT PRESCRIPTION DRUG DISCOUNT AND SECU- available because the eligible beneficiary has most effective in achieving the out- RITY PROGRAM exhausted benefits under part A or B), with- comes we expect. ‘‘Sec. 1860. Definitions. out regard to whether the individual is enti- We should celebrate the efforts of all tled to benefits under part A or enrolled ‘‘SUBPART 1—ESTABLISHMENT OF VOLUNTARY who have been involved in the civic under part B. MEDICARE OUTPATIENT PRESCRIPTION DRUG ‘‘(3) ELIGIBLE BENEFICIARY.—The term ‘eli- education of America’s students. This DISCOUNT AND SECURITY PROGRAM bill does not denigrate their efforts. gible beneficiary’ means an individual who ‘‘Sec. 1860A. Establishment of program. is— But, because the engagement in public ‘‘Sec. 1860B. Enrollment. ‘‘(A) eligible for benefits under part A or affairs by our young people is so impor- ‘‘Sec. 1860C. Providing enrollment and cov- enrolled under part B; and erage information to bene- tant for the long-term health of our de- ‘‘(B) not eligible for prescription drug cov- mocracy, it is time to take a step for- ficiaries. ‘‘Sec. 1860D. Enrollee protections. erage under a medicaid plan under title XIX. ward in establishing a comprehensive ‘‘Sec. 1860E. Annual enrollment fee. ‘‘(4) ELIGIBLE ENTITY.—The term ‘eligible new federal commitment to civic edu- ‘‘Sec. 1860F. Benefits under the program. entity’ means any entity that the Commis- cation. The Humphrey Civic Education ‘‘Sec. 1860G. Selection of entities to provide sioner determines to be appropriate to pro- Enhancement Act combines new com- prescription drug coverage. vide the benefits under this part, including— mitments to the professional develop- ‘‘Sec. 1860H. Payments to eligible entities ‘‘(A) pharmaceutical benefit management ment of civics teachers, an increase in for administering the cata- companies; strophic benefit. ‘‘(B) wholesale and retail pharmacy deliv- funding for school-based service learn- ‘‘Sec. 1860I. Determination of income levels. ery systems; ing and the professional development ‘‘Sec. 1860J. Appropriations. ‘‘(C) insurers; of service learning teachers, local inno- ‘‘SUBPART 2—ESTABLISHMENT OF THE ‘‘(D) Medicare+Choice organizations; vation in community service programs MEDICARE PRESCRIPTION DRUG AGENCY ‘‘(E) other entities; or in schools, and an encouragement of a ‘‘Sec. 1860S. Medicare Prescription Drug ‘‘(F) any combination of the entities de- revitalized student involvement in stu- Agency. scribed in subparagraphs (A) through (E). dent leadership programs and in local ‘‘Sec. 1860T. Commissioner; Deputy Commis- ‘‘(5) POVERTY LINE.—The term ‘poverty government. I am proud that a broad sioner; other officers. line’ means the income official poverty line ‘‘Sec. 1860U. Administrative duties of the (as defined by the Office of Management and range of organizations recognize the Commissioner. Budget, and revised annually in accordance need for this legislation and have en- ‘‘Sec. 1860V. Medicare Competition and Pre- with section 673(2) of the Omnibus Budget dorsed this bill. These include the Na- scription Drug Advisory Reconciliation Act of 1981) applicable to a tional Council of the Social Studies, Board.’’. family of the size involved. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8217

‘‘SUBPART 1—ESTABLISHMENT OF VOLUNTARY ‘‘(4) PART D COVERAGE TERMINATED BY TER- 2702(a)(1) of the Public Health Service Act) MEDICARE OUTPATIENT PRESCRIPTION DRUG MINATION OF COVERAGE UNDER PARTS A AND B or any other factor. DISCOUNT AND SECURITY PROGRAM OR ELIGIBILITY FOR MEDICAL ASSISTANCE.— ‘‘(B) MEDICARE+CHOICE LIMITATIONS PER- ‘‘ESTABLISHMENT OF PROGRAM ‘‘(A) IN GENERAL.—In addition to the MITTED.—The provisions of paragraphs (2) ‘‘SEC. 1860A. (a) PROVISION OF BENEFIT.— causes of termination specified in section and (3) (other than subparagraph (C)(i), relat- The Commissioner shall establish a Medicare 1838, the Commissioner shall terminate an ing to default enrollment) of section 1851(g) Outpatient Prescription Drug Discount and individual’s coverage under this part if the (relating to priority and limitation on termi- Security Program under which an eligible individual is— nation of election) shall apply to eligible en- beneficiary may voluntarily enroll and re- ‘‘(i) no longer enrolled in part A or B; or tities under this subsection. ceive benefits under this part through enroll- ‘‘(ii) eligible for prescription drug coverage ‘‘(2) NONDISCRIMINATION.—An eligible enti- ment with an eligible entity with a contract under a medicaid plan under title XIX. ty offering prescription drug coverage under under this part. ‘‘(B) EFFECTIVE DATE.—The termination de- this part shall not establish a service area in ‘‘(b) PROGRAM TO BEGIN IN 2003.—The Com- scribed in subparagraph (A) shall be effective a manner that would discriminate based on missioner shall establish the program under on the effective date of— health or economic status of potential en- this part in a manner so that benefits are ‘‘(i) the termination of coverage under part rollees. first provided for months beginning with A or (if later) under part B; or ‘‘(b) DISSEMINATION OF INFORMATION.— ‘‘(1) GENERAL INFORMATION.—An eligible January 2003. ‘‘(ii) the coverage under title XIX. ‘‘(c) VOLUNTARY NATURE OF PROGRAM.— ‘‘(b) ENROLLMENT WITH ELIGIBLE ENTITY.— entity with a contract under this part shall Nothing in this part shall be construed as re- ‘‘(1) PROCESS.— disclose, in a clear, accurate, and standard- quiring an eligible beneficiary to enroll in ‘‘(A) IN GENERAL.—The Commissioner shall ized form to each eligible beneficiary en- the program under this part. establish a process through which an eligible rolled for prescription drug coverage with ‘‘(d) FINANCING.—The costs of providing beneficiary who is enrolled under this part such entity under this part at the time of en- benefits under this part shall be payable shall make an annual election to enroll with rollment and at least annually thereafter, from the Federal Supplementary Medical In- any eligible entity that has been awarded a the information described in section surance Trust Fund established under sec- contract under this part and serves the geo- 1852(c)(1) relating to such prescription drug tion 1841. graphic area in which the beneficiary re- coverage. Such information includes the fol- lowing: ‘‘ENROLLMENT sides. ‘‘(B) RULES.—In establishing the process ‘‘(A) Access to covered outpatient drugs, ‘‘SEC. 1860B. (a) ENROLLMENT UNDER PART including access through pharmacy net- D.— under subparagraph (A), the Commissioner shall use rules similar to the rules for enroll- works. ‘‘(1) ESTABLISHMENT OF PROCESS.— ‘‘(B) How any formulary used by the eligi- ‘‘(A) IN GENERAL.—The Commissioner shall ment and disenrollment with a Medicare+Choice plan under section 1851 (in- ble entity functions. establish a process through which an eligible ‘‘(C) Grievance and appeals procedures. beneficiary (including an eligible beneficiary cluding the special election periods under subsection (e)(4) of such section). ‘‘(2) DISCLOSURE UPON REQUEST OF GENERAL enrolled in a Medicare+Choice plan offered COVERAGE, UTILIZATION, AND GRIEVANCE IN- by a Medicare+Choice organization) may ‘‘(2) MEDICARE+CHOICE ENROLLEES.—An eli- gible beneficiary who is enrolled under this FORMATION.—Upon request of an eligible ben- make an election to enroll under this part. eficiary, the eligible entity shall provide the part and enrolled in a Medicare+Choice plan Except as otherwise provided in this sub- information described in section 1852(c)(2) offered by a Medicare+Choice organization section, such process shall be similar to the (other than subparagraph (D)) to such bene- must enroll with an eligible entity in order process for enrollment under part B under ficiary. to receive benefits under this part. The bene- section 1837. ‘‘(3) RESPONSE TO BENEFICIARY QUESTIONS.— ficiary may elect to receive such benefits ‘‘(B) REQUIREMENT OF ENROLLMENT.—An el- Each eligible entity offering prescription from the Medicare+Choice organization in igible beneficiary must enroll under this drug coverage under this part shall have a which the beneficiary is enrolled if the orga- part in order to be eligible to receive the mechanism for providing specific informa- nization has been awarded a contract under benefits under this part. tion to enrollees upon request. The entity this part. ‘‘(2) ENROLLMENT PERIODS.— shall make available, through an Internet ‘‘(3) COMPETITION.—Eligible entities with a ‘‘(A) IN GENERAL.—Except as provided website and in writing upon request, infor- contract under this part shall compete for under subparagraph (B) or (C), an eligible mation on specific changes in its formulary. beneficiary may not enroll in the program beneficiaries on the basis of discounts, ‘‘(c) ACCESS TO COVERED BENEFITS.— under this part during any period after the formularies, pharmacy networks, and other ‘‘(1) ENSURING PHARMACY ACCESS.— beneficiary’s initial enrollment period under services provided for under the contract. ‘‘(A) IN GENERAL.—Each eligible entity ‘‘(c) ENROLLMENT PERIOD FOR BENEFITS IN part B (as determined under section 1837). with a contract under this part shall permit 2003.—The processes developed under sub- ‘‘(B) SPECIAL ENROLLMENT PERIOD.—In the any pharmacy located in the area covered by sections (a) and (b) shall ensure that eligible case of eligible beneficiaries that have re- such contract to participate in the pharmacy beneficiaries are permitted to enroll under cently lost eligibility for prescription drug network of the eligible entity if the phar- this part and with an eligible entity prior to coverage under a medicaid plan under title macy agrees to accept such operating terms January 1, 2003, in order to ensure that cov- XIX, the Commissioner shall establish a spe- as the eligible entity may specify, including erage under this part is effective as of such cial enrollment period in which such bene- any fee schedule, requirements relating to date. ficiaries may enroll under this part. covered expenses, and quality standards re- ‘‘(C) OPEN ENROLLMENT PERIOD IN 2003 FOR ‘‘PROVIDING ENROLLMENT AND COVERAGE lating to the provision of prescription drug CURRENT BENEFICIARIES.—The Commissioner INFORMATION TO BENEFICIARIES coverage. shall establish a period, which shall begin on ‘‘SEC. 1860C. (a) ACTIVITIES.—The Commis- ‘‘(B) CONSTRUCTION.—Nothing in this para- the date on which the Commissioner first be- sioner shall provide for activities under this graph shall be construed as requiring a phar- gins to accept elections for enrollment under part to broadly disseminate information to macy to participate in a pharmacy network this part and shall end on December 31, 2003, eligible beneficiaries (and prospective eligi- of an eligible entity with a contract under during which any eligible beneficiary may— ble beneficiaries) regarding enrollment under this part to participate in any other cov- ‘‘(i) enroll under this part; or this part and the prescription drug coverage erage program of the eligible entity. ‘‘(ii) enroll or re-enroll under this part made available by eligible entities with a ‘‘(2) ACCESS TO NEGOTIATED PRICES FOR PRE- after having previously declined or termi- contract under this part. SCRIPTION DRUGS.—For requirements relating nated such enrollment. ‘‘(b) SPECIAL RULE FOR FIRST ENROLLMENT to the access of an eligible beneficiary to ne- ‘‘(3) PERIOD OF COVERAGE.— UNDER THE PROGRAM.—To the extent prac- gotiated prices (including applicable dis- ‘‘(A) IN GENERAL.—Except as provided in ticable, the activities described in subsection counts), see section 1860F(a). subparagraph (B) and subject to subpara- (a) shall ensure that eligible beneficiaries ‘‘(3) REQUIREMENTS ON DEVELOPMENT AND graph (C), an eligible beneficiary’s coverage are provided with such information at least APPLICATION OF FORMULARIES.—Insofar as an under the program under this part shall be 60 days prior to the first enrollment period eligible entity with a contract under this effective for the period provided under sec- described in section 1860B(c). part uses a formulary, the following require- tion 1838, as if that section applied to the ‘‘ENROLLEE PROTECTIONS ments must be met: program under this part. ‘‘SEC. 1860D. (a) GUARANTEED ISSUE AND ‘‘(A) FORMULARY COMMITTEE.—The eligible ‘‘(B) ENROLLMENT DURING OPEN AND SPECIAL NONDISCRIMINATION.— entity must establish a pharmaceutical and ENROLLMENT.—Subject to subparagraph (C), ‘‘(1) GUARANTEED ISSUE.— therapeutic committee that develops the for- an eligible beneficiary who enrolls under the ‘‘(A) IN GENERAL.—An eligible beneficiary mulary. Such committee shall include at program under this part under subparagraph who is eligible to enroll with an eligible enti- least 1 physician and at least 1 pharmacist. (B) or (C) of paragraph (2) shall be entitled to ty under section 1860B(b) for prescription ‘‘(B) INCLUSION OF DRUGS IN ALL THERA- the benefits under this part beginning on the drug coverage under this part at a time dur- PEUTIC CATEGORIES.—The formulary must in- first day of the month following the month ing which elections are accepted under this clude drugs within all therapeutic categories in which such enrollment occurs. part with respect to the coverage shall not and classes of covered outpatient drugs (al- ‘‘(C) LIMITATION.—Coverage under this part be denied enrollment based on any health though not necessarily for all drugs within shall not begin prior to January 1, 2003. status-related factor (described in section such categories and classes). S8218 CONGRESSIONAL RECORD — SENATE July 25, 2001

‘‘(C) APPEALS AND EXCEPTIONS TO APPLICA- tion with respect to benefits it offers under catastrophic benefit under subsection (b), TION.—The entity must have, as part of the a Medicare+Choice plan under part C. the negotiated prices (including applicable appeals process under subsection (f)(2), a ‘‘(2) APPEALS OF FORMULARY DETERMINA- discounts) shall continue to be available to process for appeals for denials of coverage TIONS.—Under the appeals process under the beneficiary for those prescription drugs based on such application of the formulary. paragraph (1) an individual who is enrolled for which payment may not be made under ‘‘(d) COST AND UTILIZATION MANAGEMENT; with an eligible entity with a contract under section 1860H(b). For purposes of this sub- QUALITY ASSURANCE; MEDICATION THERAPY this part for prescription drug coverage may paragraph, the term ‘prescription drugs’ is MANAGEMENT PROGRAM.— appeal any denial of coverage of a prescrip- not limited to covered outpatient drugs, but ‘‘(1) IN GENERAL.—For purposes of pro- tion drug to obtain coverage for a medically does not include any over-the-counter drug viding access to negotiated benefits under necessary covered outpatient drug that is that is not a covered outpatient drug. section 1860F(a) and the catastrophic benefit not on the formulary of the eligible entity ‘‘(B) LIMITATIONS.— described in section 1860F(b), the eligible en- (established under subsection (c)) if the pre- ‘‘(i) FORMULARY RESTRICTIONS.—Insofar as tity shall have in place— scribing physician determines that the ther- an eligible entity with a contract under this ‘‘(A) an effective cost and drug utilization apeutically similar drug that is on the for- part uses a formulary, the negotiated prices management program, including appropriate mulary is not effective for the enrollee or (including applicable discounts) for prescrip- incentives to use generic drugs, when appro- has significant adverse effects for the en- tion drugs shall only be available for drugs priate; rollee. included in such formulary. ‘‘(B) quality assurance measures and sys- ‘‘(g) CONFIDENTIALITY AND ACCURACY OF EN- ‘‘(ii) AVOIDANCE OF DUPLICATE COVERAGE.— tems to reduce medical errors and adverse ROLLEE RECORDS.—An eligible entity shall The negotiated prices (including applicable drug interactions, including a medication meet the requirements of section 1852(h) discounts) for prescription drugs shall not be therapy management program described in with respect to enrollees under this part in available for any drug prescribed for an eligi- paragraph (2); and the same manner as such requirements apply ble beneficiary if payment for the drug is ‘‘(C) a program to control fraud, abuse, and to a Medicare+Choice organization with re- available under part A or B (but such nego- waste. spect to enrollees under part C. tiated prices shall be available if payment ‘‘(2) MEDICATION THERAPY MANAGEMENT ‘‘ANNUAL ENROLLMENT FEE under part A or B is not available because PROGRAM.— ‘‘SEC. 1860E. (a) AMOUNT.— the beneficiary has not met the deductible or ‘‘(A) IN GENERAL.—A medication therapy ‘‘(1) IN GENERAL.—Except as provided in has exhausted benefits under part A or B). management program described in this para- subsection (c), enrollment under the program ‘‘(2) DISCOUNT CARD.—The Commissioner graph is a program of drug therapy manage- under this part is conditioned upon payment shall develop a uniform standard card format ment and medication administration pro- of an annual enrollment fee of $25. to be issued by each eligible entity that may vided by a community-based pharmacy that ‘‘(2) ANNUAL PERCENTAGE INCREASE.— be used by an enrolled beneficiary to ensure is designed to ensure that prescription drugs ‘‘(A) IN GENERAL.—In the case of any cal- the access of such beneficiary to negotiated made available under this part are appro- endar year beginning after 2003, the dollar prices under paragraph (1). priately used to achieve therapeutic goals amount in paragraph (1) shall be increased ‘‘(3) ENSURING DISCOUNTS IN ALL AREAS.— and reduce the risk of adverse events, includ- by an amount equal to— The Commissioner shall develop procedures ing adverse drug interactions. ‘‘(i) such dollar amount; multiplied by that ensure that each eligible beneficiary ‘‘(B) ELEMENTS.—Such program shall ‘‘(ii) the inflation adjustment. that resides in an area where no eligible en- include— ‘‘(B) INFLATION ADJUSTMENT.—For purposes tity has been awarded a contract under this ‘‘(i) enhanced beneficiary understanding of of subparagraph (A)(ii), the inflation adjust- part is provided with access to negotiated such appropriate use through beneficiary ment for any calendar year is the percentage prices for prescription drugs (including ap- education, counseling, and other appropriate (if any) by which— plicable discounts). means; and ‘‘(i) the average per capita aggregate ex- ‘‘(b) CATASTROPHIC BENEFIT.— ‘‘(ii) increased beneficiary adherence with penditures for covered outpatient drugs in ‘‘(1) IN GENERAL.—Subject to paragraph (4) prescription medication regimens through the United States for medicare beneficiaries, (relating to eligibility for the catastrophic medication refill reminders, special pack- as determined by the Commissioner for the benefit) and any formulary used by the eligi- aging, and other appropriate means. 12-month period ending in July of the pre- ble entity with which the eligible beneficiary ‘‘(C) DEVELOPMENT OF PROGRAM IN COOPERA- vious year; exceeds is enrolled, the catastrophic benefit shall be TION WITH LICENSED PHARMACISTS.—The pro- ‘‘(ii) such aggregate expenditures for the administered as follows: gram shall be developed in cooperation with 12-month period ending with July 2003. ‘‘(A) BENEFICIARIES WITH ANNUAL INCOMES licensed pharmacists and physicians. ‘‘(C) ROUNDING.—If any increase deter- BELOW 200 PERCENT OF THE POVERTY LINE.—In ‘‘(D) CONSIDERATIONS IN PHARMACY FEES.— mined under clause (ii) is not a multiple of the case of an eligible beneficiary whose An eligible entity with a contract under this $1, such increase shall be rounded to the modified adjusted gross income (as defined in part shall establish fees for pharmacists, nearest multiple of $1. paragraph (4)(E)) is below 200 percent of the pharmacies, and others providing services ‘‘(b) COLLECTION OF ANNUAL ENROLLMENT poverty line, the beneficiary shall not be re- under the medication therapy management FEE.— sponsible for making a payment for a cov- program that take into account the re- ‘‘(1) IN GENERAL.—Unless the eligible bene- ered outpatient drug provided to the bene- sources and time used in implementing the ficiary makes an election under paragraph ficiary in a year to the extent that the out- program. (2), the annual enrollment fee described in of-pocket expenses of the beneficiary for ‘‘(3) TREATMENT OF ACCREDITATION.—Sec- subsection (a) shall be collected and credited such drug, when added to the out-of-pocket tion 1852(e)(4) (relating to treatment of ac- to the Federal Supplementary Medical Insur- expenses of the beneficiary for covered out- creditation) shall apply to prescription drug ance Trust Fund in the same manner as the patient drugs previously provided in the coverage provided under this part with re- monthly premium determined under section year, exceed $1,200. spect to the following requirements, in the 1839 is collected and credited to such Trust ‘‘(B) BENEFICIARIES WITH ANNUAL INCOMES same manner as they apply to Fund under section 1840. BETWEEN 200 AND 400 PERCENT OF THE POVERTY Medicare+Choice plans under part C with re- ‘‘(2) DIRECT PAYMENT.—An eligible bene- LINE.—In the case of an eligible beneficiary spect to the requirements described in a ficiary may elect to pay the annual enroll- whose modified adjusted gross income (as so clause of section 1852(e)(4)(B): ment fee directly or in any other manner ap- defined) exceeds 200 percent, but does not ex- ‘‘(A) Subsection (c)(1) (relating to access to proved by the Commissioner. The Commis- ceed 400 percent, of the poverty line, the ben- covered benefits). sioner shall establish procedures for making eficiary shall not be responsible for making ‘‘(B) Subsection (g) (relating to confiden- such an election. a payment for a covered outpatient drug pro- tiality and accuracy of enrollee records). ‘‘(c) WAIVER.—The Commissioner shall vided to the beneficiary in a year to the ex- ‘‘(e) GRIEVANCE MECHANISM.—Each eligible waive the enrollment fee described in sub- tent that the out-of-pocket expenses of the entity shall provide meaningful procedures section (a) in the case of an eligible bene- beneficiary for such drug, when added to the for hearing and resolving grievances between ficiary whose income is below 200 percent of out-of-pocket expenses of the beneficiary for the organization (including any entity or in- the poverty line. covered outpatient drugs previously provided dividual through which the eligible entity ‘‘BENEFITS UNDER THE PROGRAM in the year, exceed $2,500. provides covered benefits) and eligible bene- ‘‘SEC. 1860F. (a) ACCESS TO NEGOTIATED ‘‘(C) BENEFICIARIES WITH ANNUAL INCOMES ficiaries enrolled with the entity under this PRICES.— ABOVE 400 PERCENT OF THE POVERTY LINE.—In part in accordance with section 1852(f). ‘‘(1) NEGOTIATED PRICES.— the case of an eligible beneficiary whose ‘‘(f) COVERAGE DETERMINATIONS, RECONSID- ‘‘(A) IN GENERAL.—Subject to subparagraph modified adjusted gross income (as so de- ERATIONS, AND APPEALS.— (B), each eligible entity with a contract fined) exceeds 400 percent of the poverty line, ‘‘(1) IN GENERAL.—An eligible entity shall under this part shall provide each eligible the beneficiary shall not be responsible for meet the requirements of section 1852(g) with beneficiary enrolled with the entity with ac- making a payment for a covered outpatient respect to covered benefits under the pre- cess to negotiated prices (including applica- drug provided to the beneficiary in a year to scription drug coverage it offers under this ble discounts) for such prescription drugs as the extent that the out-of-pocket expenses of part in the same manner as such require- the eligible entity determines appropriate. If the beneficiary for such drug, when added to ments apply to a Medicare+Choice organiza- such a beneficiary becomes eligible for the the out-of-pocket expenses of the beneficiary July 25, 2001 CONGRESSIONAL RECORD — SENATE S8219

for covered outpatient drugs previously pro- a process under which the Commissioner ac- ‘‘(d) SECONDARY PAYER PROVISIONS.—The vided in the year, exceed $5,000. cepts bids from eligible entities and awards provisions of section 1862(b) shall apply to ‘‘(2) ANNUAL PERCENTAGE INCREASE.— contracts to the entities to provide the bene- the benefits provided under this part. ‘‘(A) IN GENERAL.—In the case of any cal- fits under this part to eligible beneficiaries ‘‘DETERMINATION OF INCOME LEVELS endar year after 2003, the dollar amounts in in an area. ‘‘SEC. 1860I. (a) PROCEDURES.—The Commis- paragraph (1) shall be increased by an ‘‘(b) SUBMISSION OF BIDS.—Each eligible en- sioner shall establish procedures for deter- amount equal to— tity desiring to enter into a contract under mining the income levels of eligible bene- ‘‘(i) such dollar amount; multiplied by this part shall submit a bid to the Commis- ficiaries for purposes of sections 1860E(c) and ‘‘(ii) the inflation adjustment determined sioner at such time, in such manner, and ac- 1860F(b). under section 1860E(a)(2)(B) for such calendar companied by such information as the Com- ‘‘(b) PERIODIC REDETERMINATIONS.—Such year. missioner may reasonably require. income determinations shall be valid for a ‘‘(B) ROUNDING.—If any increase deter- ‘‘(c) AWARDING OF CONTRACTS.— period (of not less than 1 year) specified by mined under subparagraph (A) is not a mul- ‘‘(1) IN GENERAL.—The Commissioner shall, the Commissioner. tiple of $1, such increase shall be rounded to consistent with the requirements of this part ‘‘APPROPRIATIONS the nearest multiple of $1. and the goal of containing medicare program ‘‘(3) ELIGIBLE ENTITY NOT AT RISK FOR CATA- costs, award at least 2 contracts in each ‘‘SEC. 1860J. There are authorized to be ap- STROPHIC BENEFIT.— area, unless only 1 bidding entity meets the propriated from time to time, out of any ‘‘(A) IN GENERAL.—The Commissioner, and terms and conditions specified by the Com- moneys in the Treasury not otherwise appro- not the eligible entity, shall be at risk for missioner under paragraph (2). priated, to the Federal Supplementary Med- the provision of the catastrophic benefit ‘‘(2) TERMS AND CONDITIONS.—The Commis- ical Insurance Trust Fund established under under this subsection. sioner shall not award a contract to an eligi- section 1841, an amount equal to the amount ‘‘(B) PROVISIONS RELATING TO PAYMENTS TO ble entity under this section unless the Com- by which the benefits and administrative ELIGIBLE ENTITIES.—For provisions relating missioner finds that the eligible entity is in costs of providing the benefits under this to payments to eligible entities for admin- compliance with such terms and conditions part exceed the enrollment fees collected istering the catastrophic benefit under this as the Commissioner shall specify. under section 1860E. subsection, see section 1860H. ‘‘(3) COMPARATIVE MERITS.—In determining ‘‘SUBPART 2—ESTABLISHMENT OF THE ‘‘(4) CATASTROPHIC BENEFIT NOT AVAILABLE which of the eligible entities that submitted MEDICARE PRESCRIPTION DRUG AGENCY TO CERTAIN HIGH INCOME INDIVIDUALS.— bids that meet the terms and conditions ‘‘MEDICARE PRESCRIPTION DRUG AGENCY ‘‘(A) IN GENERAL.—An eligible beneficiary specified by the Commissioner under para- ‘‘SEC. 1860S. (a) ESTABLISHMENT.—There is enrolled under this part whose modified ad- graph (2) to award a contract, the Commis- established, as an independent agency in the justed gross income for a taxable year ex- sioner shall consider the comparative merits executive branch of the Government, a Medi- ceeds 600 percent of the poverty line shall of each of the bids. not be eligible for the catastrophic benefit care Prescription Drug Agency (in this part under this subsection. ‘‘PAYMENTS TO ELIGIBLE ENTITIES FOR referred to as the ‘Agency’). ‘‘(B) BENEFICIARY STILL ELIGIBLE FOR DIS- ADMINISTERING THE CATASTROPHIC BENEFIT ‘‘(b) DUTY.—It shall be the duty of the COUNT BENEFIT.—Nothing in subparagraph ‘‘SEC. 1860H. (a) IN GENERAL.—The Commis- Agency to administer the Medicare Out- (A) shall be construed as affecting the eligi- sioner shall establish procedures for making patient Prescription Drug Discount and Se- bility of a beneficiary described in such sub- payments to an eligible entity under a con- curity Program under subpart 1. paragraph for the benefits under subsection tract entered into under this part for— ‘‘COMMISSIONER; DEPUTY COMMISSIONER; OTHER (a). ‘‘(1) providing covered outpatient prescrip- OFFICERS ‘‘(C) PROCEDURES FOR DETERMINING MODI- tion drugs to beneficiaries eligible for the ‘‘SEC. 1860T. (a) COMMISSIONER OF MEDICARE FIED ADJUSTED GROSS INCOME.— catastrophic benefit in accordance with sub- PRESCRIPTION DRUGS.— ‘‘(i) IN GENERAL.—The Commissioner shall section (b); and ‘‘(1) APPOINTMENT.—There shall be in the establish procedures for determining the ‘‘(2) costs incurred by the entity in admin- Agency a Commissioner of Medicare Pre- modified adjusted gross income of eligible istering the catastrophic benefit in accord- scription Drugs (in this subpart referred to beneficiaries enrolled under this part. ance with subsection (c). as the ‘Commissioner’) who shall be ap- ‘‘(ii) CONSULTATION.—The Commissioner ‘‘(b) PAYMENT FOR COVERED OUTPATIENT pointed by the President, by and with the ad- shall consult with the Secretary of the PRESCRIPTION DRUGS.— vice and consent of the Senate. Treasury in making the determinations de- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(2) COMPENSATION.—The Commissioner scribed in clause (i). subsection (c) and subject to paragraph (2), shall be compensated at the rate provided for ‘‘(iii) DISCLOSURE OF INFORMATION.—Not- the Commissioner may only pay an eligible level I of the Executive Schedule. withstanding section 6103(a) of the Internal entity for covered outpatient drugs furnished ‘‘(3) TERM.— Revenue Code of 1986, the Secretary of the by the eligible entity to an eligible bene- ‘‘(A) IN GENERAL.—The Commissioner shall Treasury may, upon written request from ficiary enrolled with such entity under this be appointed for a term of 6 years. the Commissioner, disclose to officers and part that is eligible for the catastrophic ben- ‘‘(B) CONTINUANCE IN OFFICE.—In any case employees of the Medicare Prescription Drug efit under section 1860F(b). in which a successor does not take office at Agency such return information as is nec- ‘‘(2) LIMITATIONS.— the end of a Commissioner’s term of office, essary to make the determinations described ‘‘(A) FORMULARY RESTRICTIONS.—Insofar as such Commissioner may continue in office in clause (i). Return information disclosed an eligible entity with a contract under this until the appointment of a successor. under the preceding sentence may be used by part uses a formulary, the Commissioner ‘‘(C) DELAYED APPOINTMENTS.—A Commis- officers and employees of the Medicare Pre- may not make any payment for a covered sioner appointed to a term of office after the scription Drug Agency only for the purposes outpatient drug that is not included in such commencement of such term may serve of, and to the extent necessary in, making formulary. under such appointment only for the remain- such determinations. ‘‘(B) NEGOTIATED PRICES.—The Commis- der of such term. ‘‘(D) DEFINITION OF MODIFIED ADJUSTED sioner may not pay an amount for a covered ‘‘(D) REMOVAL.—An individual serving in GROSS INCOME.—In this paragraph, the term outpatient drug furnished to an eligible ben- the office of Commissioner may be removed ‘modified adjusted gross income’ means ad- eficiary that exceeds the negotiated price from office only under a finding by the Presi- justed gross income (as defined in section 62 (including applicable discounts) that the dent of neglect of duty or malfeasance in of- of the Internal Revenue Code of 1986)— beneficiary would have been responsible for fice. ‘‘(i) determined without regard to sections under section 1860F(a). ‘‘(4) RESPONSIBILITIES.—The Commissioner 135, 911, 931, and 933 of such Code; and ‘‘(c) PAYMENT FOR ADMINISTRATIVE shall be responsible for the exercise of all ‘‘(ii) increased by the amount of interest COSTS.— powers and the discharge of all duties of the received or accrued by the taxpayer during ‘‘(1) PROCEDURES.—The procedures estab- Agency, and shall have authority and con- the taxable year which is exempt from tax lished under subsection (a)(1) shall provide trol over all personnel and activities thereof. under such Code. for payment to the eligible entity of an ad- ‘‘(5) PROMULGATION OF RULES AND REGULA- ‘‘(5) ENSURING CATASTROPHIC BENEFIT IN ministrative fee for each prescription filled TIONS.— ALL AREAS.—The Commissioner shall develop by the entity for an eligible beneficiary— ‘‘(A) IN GENERAL.—The Commissioner may procedures for the provision of the cata- ‘‘(A) who is enrolled with the entity; and prescribe such rules and regulations as the strophic benefit under this subsection to ‘‘(B) to whom subparagraph (A), (B), or (C) Commissioner determines necessary or ap- each eligible beneficiary that resides in an of section 1860F(b)(1) applies with respect to propriate to carry out the functions of the area where there are no eligible entities that a covered outpatient drug. Agency. have been awarded a contract under this ‘‘(2) AMOUNT.—The fee described in para- ‘‘(B) RULEMAKING.—The regulations pre- part. graph (1) shall be— scribed by the Commissioner shall be subject ‘‘SELECTION OF ENTITIES TO PROVIDE ‘‘(A) negotiated by the Commissioner; and to the rulemaking procedures established PRESCRIPTION DRUG COVERAGE ‘‘(B) consistent with such fees paid under under section 553 of title 5, United States ‘‘SEC. 1860G. (a) ESTABLISHMENT OF BIDDING private sector pharmaceutical benefit con- Code. PROCESS.—The Commissioner shall establish tracts. ‘‘(6) DELEGATION OF AUTHORITY.— S8220 CONGRESSIONAL RECORD — SENATE July 25, 2001

‘‘(A) IN GENERAL.—The Commissioner may 5, United States Code, such officers and em- 552a(a)(5) of title 5, United States Code) pur- assign duties, and delegate, or authorize suc- ployees as are necessary to administer the suant to this subsection shall be made as a cessive redelegations of, authority to act and activities to be carried out through the routine use under subsection (b)(3) of section to render decisions, to such officers and em- Medicare Prescription Drug Agency. 552a of such title (unless otherwise author- ployees of the Agency as the Commissioner ‘‘(2) FLEXIBILITY WITH RESPECT TO CIVIL ized under such section 552a). may find necessary. SERVICE LAWS.— ‘‘(B) COMPUTERIZED COMPARISON.—Any ‘‘(B) EFFECT OF DELEGATION.—Within the ‘‘(A) IN GENERAL.—The staff of the Medi- computerized comparison of records, includ- limitations of such delegations, redelega- care Prescription Drug Agency shall be ap- ing matching programs, between the Com- tions, or assignments, all official acts and pointed without regard to the provisions of missioner and the Secretary shall be con- decisions of such officers and employees title 5, United States Code, governing ap- ducted in accordance with subsections (o), shall have the same force and effect as pointments in the competitive service, and, (p), (q), (r), and (u) of section 552a of title 5, though performed or rendered by the Com- subject to subparagraph (B), shall be paid United States Code. missioner. without regard to the provisions of chapters ‘‘(4) TIMELY ACTION.—The Commissioner ‘‘(7) CONSULTATION WITH SECRETARY OF 51 and 53 of such title (relating to classifica- and the Secretary shall each ensure that HEALTH AND HUMAN SERVICES.—The Commis- tion and schedule pay rates). timely action is taken to establish any nec- sioner and the Secretary shall consult, on an ‘‘(B) MAXIMUM RATE.—In no case may the essary routine uses for disclosures required ongoing basis, to ensure the coordination of rate of compensation determined under sub- under paragraph (1) or agreed to under para- the programs administered by the Commis- paragraph (A) exceed the rate of basic pay graph (2). sioner with the programs administered by payable for level IV of the Executive Sched- ‘‘MEDICARE COMPETITION AND PRESCRIPTION the Secretary under this title and under title ule under section 5315 of title 5, United DRUG ADVISORY BOARD XIX. States Code. ‘‘(b) DEPUTY COMMISSIONER OF MEDICARE ‘‘(b) BUDGETARY MATTERS.— ‘‘SEC. 1860V. (a) ESTABLISHMENT OF PRESCRIPTION DRUGS.— ‘‘(1) SUBMISSION OF ANNUAL BUDGET.—The BOARD.—There is established a Medicare Pre- ‘‘(1) APPOINTMENT.—There shall be in the Commissioner shall prepare an annual budg- scription Drug Advisory Board (in this sec- Agency a Deputy Commissioner of Medicare et for the Agency, which shall be submitted tion referred to as the ‘Board’). Prescription Drugs (in this subpart referred by the President to Congress without revi- ‘‘(b) ADVICE ON POLICIES; REPORTS.— to as the ‘Deputy Commissioner’) who shall sion, together with the President’s annual ‘‘(1) ADVICE ON POLICIES.—On and after the be appointed by the President, by and with budget for the Agency. date the Commissioner takes office, the the advice and consent of the Senate. ‘‘(2) APPROPRIATIONS REQUESTS.— Board shall advise the Commissioner on poli- ‘‘(A) STAFFING AND PERSONNEL.—Appropria- ‘‘(2) TERM.— cies relating to the Medicare Outpatient Pre- tions requests for staffing and personnel of ‘‘(A) IN GENERAL.—The Deputy Commis- scription Drug Discount and Security Pro- sioner shall be appointed for a term of 6 the Agency shall be based upon a comprehen- gram under subpart 1. sive workforce plan, which shall be estab- years. ‘‘(2) REPORTS.— lished and revised from time to time by the ‘‘(B) CONTINUANCE IN OFFICE.—In any case ‘‘(A) IN GENERAL.—With respect to matters Commissioner. in which a successor does not take office at of the administration of subpart 1, the Board ‘‘(B) ADMINISTRATIVE EXPENSES.—Appro- the end of a Deputy Commissioner’s term of shall submit to Congress and to the Commis- priations for administrative expenses of the office, such Deputy Commissioner may con- sioner of Medicare Prescription Drugs such Agency are authorized to be provided on a bi- tinue in office until the entry upon office of reports as the Board determines appropriate. ennial basis. such a successor. Each such report may contain such rec- ‘‘(c) SEAL OF OFFICE.— ‘‘(C) DELAYED APPOINTMENT.—A Deputy ommendations as the Board determines ap- ‘‘(1) IN GENERAL.—The Commissioner shall Commissioner appointed to a term of office cause a Seal of Office to be made for the propriate for legislative or administrative after the commencement of such term may Agency of such design as the Commissioner changes to improve the administration of serve under such appointment only for the shall approve. such subpart. Each such report shall be pub- remainder of such term. lished in the Federal Register. ‘‘(2) JUDICIAL NOTICE.—Judicial notice shall ‘‘(3) COMPENSATION.—The Deputy Commis- be taken of the seal made under paragraph ‘‘(B) MAINTAINING INDEPENDENCE OF sioner shall be compensated at the rate pro- (1). BOARD.—The Board shall directly submit to vided for level II of the Executive Schedule. ‘‘(d) DATA EXCHANGES.— Congress reports required under subpara- ‘‘(4) DUTIES.— ‘‘(1) DISCLOSURE OF RECORDS AND OTHER IN- graph (A). No officer or agency of the United ‘‘(A) IN GENERAL.—The Deputy Commis- FORMATION.—Notwithstanding any other pro- States may require the Board to submit to sioner shall perform such duties and exercise vision of law (including subsections (b), (o), any officer or agency of the United States such powers as the Commissioner shall from (p), (q), (r), and (u) of section 552a of title 5, for approval, comments, or review, prior to time to time assign or delegate. United States Code)— the submission to Congress of such reports. ‘‘(B) ACTING COMMISSIONER.—The Deputy ‘‘(A) the Secretary shall disclose to the ‘‘(c) STRUCTURE AND MEMBERSHIP OF THE Commissioner shall be Acting Commissioner Commissioner any record or information re- BOARD.— of the Agency during the absence or dis- quested in writing by the Commissioner for ‘‘(1) MEMBERSHIP.—The Board shall be com- ability of the Commissioner, unless the the purpose of administering any program posed of 7 members who shall be appointed as President designates another officer of the administered by the Commissioner, if follows: Government as Acting Commissioner, in the records or information of such type were dis- ‘‘(A) PRESIDENTIAL APPOINTMENTS.— event of a vacancy in the office of the Com- closed to the Administrator of the Health ‘‘(i) IN GENERAL.—Three members shall be missioner. Care Financing Administration in the De- appointed by the President, by and with the ‘‘(c) CHIEF ACTUARY.— partment of Health and Human Services advice and consent of the Senate. ‘‘(1) APPOINTMENT.— under applicable rules, regulations, and pro- ‘‘(ii) LIMITATION.—Not more than 2 such ‘‘(A) IN GENERAL.—There shall be in the cedures in effect before the date of enact- members may be from the same political Agency a Chief Actuary, who shall be ap- ment of the Medicare Rx Drug Discount and party. pointed by, and in direct line of authority to, Security Act of 2001; and ‘‘(B) SENATORIAL APPOINTMENTS.—Two the Commissioner. ‘‘(B) the Commissioner shall disclose to the members (each member from a different po- ‘‘(B) QUALIFICATIONS.—The Chief Actuary Secretary or to any State any record or in- litical party) shall be appointed by the Presi- shall be appointed from individuals who have formation requested in writing by the Sec- dent pro tempore of the Senate with the ad- demonstrated, by their education and experi- retary to be so disclosed for the purpose of vice of the Chairman and the Ranking Mi- ence, superior expertise in the actuarial administering any program administered by nority Member of the Committee on Finance sciences. the Secretary, if records or information of of the Senate. ‘‘(C) DUTIES.—The Chief Actuary shall such type were so disclosed under applicable ‘‘(C) CONGRESSIONAL APPOINTMENTS.—Two serve as the chief actuarial officer of the rules, regulations, and procedures in effect members (each member from a different po- Agency, and shall exercise such duties as are before the date of enactment of the Medicare litical party) shall be appointed by the appropriate for the office of the Chief Actu- Rx Drug Discount and Security Act of 2001. Speaker of the House of Representatives, ary and in accordance with professional ‘‘(2) EXCHANGE OF OTHER DATA.—The Com- with the advice of the Chairman and the standards of actuarial independence. missioner and the Secretary shall periodi- Ranking Minority Member of the Committee ‘‘(2) COMPENSATION.—The Chief Actuary cally review the need for exchanges of infor- on Ways and Means of the House of Rep- shall be compensated at the highest rate of mation not referred to in paragraph (1) and resentatives. basic pay for the Senior Executive Service shall enter into such agreements as may be ‘‘(2) QUALIFICATIONS.—The members shall under section 5382(b) of title 5, United States necessary and appropriate to provide infor- be chosen on the basis of their integrity, im- Code. mation to each other or to States in order to partiality, and good judgment, and shall be ‘‘ADMINISTRATIVE DUTIES OF THE meet the programmatic needs of the request- individuals who are, by reason of their edu- COMMISSIONER ing agencies. cation, experience, and attainments, excep- ‘‘SEC. 1860U. (a) PERSONNEL.— ‘‘(3) ROUTINE USE.— tionally qualified to perform the duties of ‘‘(1) IN GENERAL.—The Commissioner may ‘‘(A) IN GENERAL.—Any disclosure from a members of the Board. employ, without regard to chapter 31 of title system of records (as defined in section ‘‘(d) TERMS OF APPOINTMENT.— July 25, 2001 CONGRESSIONAL RECORD — SENATE S8221

‘‘(1) IN GENERAL.—Subject to paragraph (2), established for the Senior Executive Service ‘‘(v) MODERNIZATION OF MEDICARE SUPPLE- each member of the Board shall serve for a under section 5382 of title 5, United States MENTAL POLICIES.— term of 6 years. Code. ‘‘(1) PROMULGATION OF MODEL REGULA- ‘‘(2) CONTINUANCE IN OFFICE AND STAGGERED ‘‘(2) STAFF.— TION.— TERMS.— ‘‘(A) IN GENERAL.—The Board may employ, ‘‘(A) NAIC MODEL REGULATION.—If, within 9 ‘‘(A) CONTINUANCE IN OFFICE.—A member without regard to chapter 31 of title 5, months after the date of enactment of the appointed to a term of office after the com- United States Code, such officers and em- Medicare Rx Drug Discount and Security Act mencement of such term may serve under ployees as are necessary to administer the of 2001, the National Association of Insur- such appointment only for the remainder of activities to be carried out by the Board. ance Commissioners (in this subsection re- such term. ‘‘(B) FLEXIBILITY WITH RESPECT TO CIVIL ferred to as the ‘NAIC’) changes the 1991 ‘‘(B) STAGGERED TERMS.—The terms of SERVICE LAWS.— NAIC Model Regulation (described in sub- service of the members initially appointed ‘‘(i) IN GENERAL.—The staff of the Board section (p)) to revise the benefit package under this section shall begin on January 1, shall be appointed without regard to the pro- classified as ‘J’ under the standards estab- 2002, and expire as follows: visions of title 5, United States Code, gov- lished by subsection (p)(2) (including the ‘‘(i) PRESIDENTIAL APPOINTMENTS.—The erning appointments in the competitive benefit package classified as ‘J’ with a high terms of service of the members initially ap- service, and, subject to clause (ii), shall be deductible feature, as described in subsection pointed by the President shall expire as des- paid without regard to the provisions of (p)(11)) so that— ignated by the President at the time of nom- chapters 51 and 53 of such title (relating to ‘‘(i) the coverage for outpatient prescrip- ination, 1 each at the end of— classification and schedule pay rates). tion drugs available under such benefit pack- ‘‘(I) 2 years; ‘‘(ii) MAXIMUM RATE.—In no case may the age is replaced with coverage for outpatient ‘‘(II) 4 years; and rate of compensation determined under prescription drugs that complements but ‘‘(III) 6 years. clause (i) exceed the rate of basic pay pay- does not duplicate the benefits for out- ‘‘(ii) SENATORIAL APPOINTMENTS.—The able for level IV of the Executive Schedule patient prescription drugs that beneficiaries terms of service of members initially ap- under section 5315 of title 5, United States are otherwise entitled to under this title; pointed by the President pro tempore of the Code. ‘‘(ii) a uniform format is used in the policy Senate shall expire as designated by the ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— with respect to such revised benefits; and President pro tempore of the Senate at the There are authorized to be appropriated, out ‘‘(iii) such revised standards meet any ad- of the Federal Supplemental Medical Insur- time of nomination, 1 each at the end of— ditional requirements imposed by the Medi- ance Trust Fund established under section ‘‘(I) 3 years; and care Rx Drug Discount and Security Act of 1841, and the general fund of the Treasury, ‘‘(II) 6 years. 2001; such sums as are necessary to carry out the ‘‘(iii) CONGRESSIONAL APPOINTMENTS.—The subsection (g)(2)(A) shall be applied in each purposes of this section.’’. State, effective for policies issued to policy terms of service of members initially ap- (b) CONFORMING REFERENCES TO PREVIOUS holders on and after January 1, 2003, as if the pointed by the Speaker of the House of Rep- PART D.— reference to the Model Regulation adopted resentatives shall expire as designated by (1) IN GENERAL.—Any reference in law (in on June 6, 1979, were a reference to the 1991 the Speaker of the House of Representatives effect before the date of enactment of this NAIC Model Regulation as changed under at the time of nomination, 1 each at the end Act) to part D of title XVIII of the Social Se- this subparagraph (such changed regulation of— curity Act is deemed a reference to part E of referred to in this section as the ‘2003 NAIC ‘‘(I) 4 years; and such title (as in effect after such date). Model Regulation’). ‘‘(II) 5 years. (2) SECRETARIAL SUBMISSION OF LEGISLATIVE ‘‘(B) REGULATION BY THE SECRETARY.—If ‘‘(C) REAPPOINTMENTS.—Any person ap- PROPOSAL.—Not later than 6 months after the NAIC does not make the changes in the pointed as a member of the Board may not the date of enactment of this section, the 1991 NAIC Model Regulation within the 9- serve for more than 8 years. Secretary of Health and Human Services month period specified in subparagraph (A), ‘‘(D) VACANCIES.—Any member appointed shall submit to the appropriate committees the Secretary shall promulgate, not later to fill a vacancy occurring before the expira- of Congress a legislative proposal providing than 9 months after the end of such period, tion of the term for which the member’s for such technical and conforming amend- a regulation and subsection (g)(2)(A) shall be predecessor was appointed shall be appointed ments in the law as are required by the pro- applied in each State, effective for policies only for the remainder of that term. A mem- visions of this section. issued to policy holders on and after January ber may serve after the expiration of that (c) EFFECTIVE DATE.— 1, 2003, as if the reference to the Model Regu- member’s term until a successor has taken (1) IN GENERAL.—The amendment made by office. A vacancy in the Board shall be filled subsection (a) shall take effect on the date of lation adopted on June 6, 1979, were a ref- in the manner in which the original appoint- enactment of this Act. erence to the 1991 NAIC Model Regulation as changed by the Secretary under this sub- ment was made. (2) TIMING OF INITIAL APPOINTMENTS.—The ‘‘(e) CHAIRPERSON.—A member of the Board Commissioner and Deputy Commissioner of paragraph (such changed regulation referred shall be designated by the President to serve Medicare Prescription Drugs may not be ap- to in this section as the ‘2003 Federal Regula- as Chairperson for a term of 4 years, coinci- pointed before March 1, 2002. tion’). ‘‘(C) CONSULTATION WITH WORKING GROUP.— dent with the term of the President, or until SEC. 3. COMMISSIONER AS MEMBER OF THE the designation of a successor. BOARD OF TRUSTEES OF THE MEDI- In promulgating standards under this para- ‘‘(f) EXPENSES AND PER DIEM.—Members of CARE TRUST FUNDS. graph, the NAIC or Secretary shall consult the Board shall serve without compensation, (a) IN GENERAL.—Section 1841(b) of the So- with a working group similar to the working except that, while serving on business of the cial Security Act (42 U.S.C. 1395t(b)) is group described in subsection (p)(1)(D). Board away from their homes or regular amended by striking ‘‘and the Secretary of ‘‘(D) MODIFICATION OF STANDARDS IF MEDI- places of business, members may be allowed Health and Human Services, all ex officio,’’ CARE BENEFITS CHANGE.—If benefits under travel expenses, including per diem in lieu of and inserting ‘‘, the Secretary of Health and part D of this title are changed and the Sec- subsistence, as authorized by section 5703 of Human Services, and the Commissioner of retary determines, in consultation with the title 5, United States Code, for persons in the Medicare Prescription Drugs, all ex officio,’’. NAIC, that changes in the 2003 NAIC Model Government employed intermittently. (b) EFFECTIVE DATE.—The amendment Regulation or 2003 Federal Regulation are ‘‘(g) MEETING.— made by this subsection shall take effect on needed to reflect such changes, the preceding ‘‘(1) IN GENERAL.—The Board shall meet at March 1, 2002. provisions of this paragraph shall apply to the call of the Chairperson (in consultation SEC. 4. EXCLUSION OF PART D COSTS FROM DE- the modification of standards previously es- with the other members of the Board) not TERMINATION OF PART B MONTHLY tablished in the same manner as they applied less than 4 times each year to consider a spe- PREMIUM. to the original establishment of such stand- cific agenda of issues, as determined by the Section 1839(g) of the Social Security Act ards. Chairperson in consultation with the other (42 U.S.C. 1395r(g)) is amended— ‘‘(2) CONSTRUCTION OF BENEFITS IN OTHER members of the Board. (1) by striking ‘‘attributable to the appli- MEDICARE SUPPLEMENTAL POLICIES.—Nothing ‘‘(2) QUORUM.—Four members of the Board cation of section’’ and inserting ‘‘attrib- in the benefit packages classified as ‘A’ (not more than 3 of whom may be of the utable to— through ‘I’ under the standards established same political party) shall constitute a ‘‘(1) the application of section’’; by subsection (p)(2) (including the benefit quorum for purposes of conducting business. (2) by striking the period and inserting ‘‘; package classified as ‘F’ with a high deduct- ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.— and’’; and ible feature, as described in subsection The Board shall be exempt from the provi- (3) by adding at the end the following new (p)(11)) shall be construed as providing cov- sions of the Federal Advisory Committee Act paragraph: erage for benefits for which payment may be (5 U.S.C. App.). ‘‘(2) the Voluntary Medicare Outpatient made under part D. ‘‘(i) PERSONNEL.— Prescription Drug Discount and Security ‘‘(3) APPLICATION OF PROVISIONS AND CON- ‘‘(1) STAFF DIRECTOR.—The Board shall, Program under part D.’’. FORMING REFERENCES.— without regard to the provisions of title 5, SEC. 5. MEDIGAP REVISIONS. ‘‘(A) APPLICATION OF PROVISIONS.—The pro- United States Code, relating to the competi- Section 1882 of the Social Security Act (42 visions of paragraphs (4) through (10) of sub- tive service, appoint a Staff Director who U.S.C. 1395ss) is amended by adding at the section (p) shall apply under this section, ex- shall be paid at a rate equivalent to a rate end the following new subsection: cept that— S8222 CONGRESSIONAL RECORD — SENATE July 25, 2001 ‘‘(i) any reference to the model regulation ity. This new facility, which will be lo- the Senate will also enact this impor- applicable under that subsection shall be cated near the mouth of American tant issue. deemed to be a reference to the applicable Fork Canyon in the town of Highland, As the former Chairman of the 2003 NAIC Model Regulation or 2003 Federal UT, will not only benefit the visiting Labor, Health and Human Services and Regulation; and Education Appropriations Sub- ‘‘(ii) any reference to a date under such public, but will also result in better co- paragraphs of subsection (p) shall be deemed ordination between the NPS and USFS. committee, I have strongly supported to be a reference to the appropriate date The land exchange requires the Sec- increased funding for the enforcement under this subsection. retary of Agriculture’s approval and of the important child safety protec- ‘‘(B) OTHER REFERENCES.—Any reference to must conform with the ‘‘Uniform Ap- tions contained in the Fair Labor a provision of subsection (p) or a date appli- praisal Standards for Federal Land Ac- Standards Act. I also believe, however, cable under such subsection shall also be quisitions.’’ Furthermore, the ex- that accommodation must be made for considered to be a reference to the appro- change is being conducted with a pri- youths who are exempt from compul- priate provision or date under this sub- sory school-attendance laws after the section.’’. vate landowner who is willing to trade his property for various USFS parcels eighth grade. It is extremely important By Mr. BENNETT: on the Uinta National Forest. that youths who are exempt from at- S. 1240. A bill to provide for the ac- The necessity for this legislation is tending school be provided with access quisition of land and construction of an ten years overdue. The original visitor to jobs and apprenticeships in areas interagency administrative and visitor center at Timpanogos Cave was built that offer employment where they live. facility at the entrance to American as part of the NPS’s Mission ’66 pro- The need for access to popular trades Fork Canyon, Utah, and for other pur- gram. Unfortunately it burned down in is demonstrated by the Amish commu- poses; to the Committee on Energy and 1991. In 1992, as an emergency measure, nity. In 1998, I toured an Amish saw- Natural Resources. the NPS began use of a 20 foot by 60 mill in Lancaster County, PA, and had Mr. BENNETT. Mr. President, I rise foot double-wide trailer to serve tem- the opportunity to meet with some of today to introduce the Timpanogos porarily as a make-shift visitor center. my Amish constituency. In December Interagency Land Exchange Act of The trailer still serves today as the vis- 2000, Representative PITTS and I held a 2001. itor center. The trailer is not suitable meeting in Gap, PA, with over 20 mem- Before I explain the details of my for the monument’s annual visitation bers of the Amish community to hear legislation I would like to share with of 125,000 people. On high visitation their concerns on this issue. On May 3, my colleagues a bit of the area’s his- days the center is easily overrun by the 2001, I chaired a hearing of the Labor, tory. So everyone understands the lay public. Additionally, the center suffers Health and Human Services and Edu- of the land, Timpanogos Cave is in from rock-fall that has caused signifi- cation Appropriations Subcommittee American Fork Canyon, which is a 45– cant damage to the roof of the trailer to examine these issues. 50 minute drive south of Salt Lake and raises obvious safety issues. At the hearing the Amish explained City. Now that my colleagues have a The NPS will not be the only bene- that while they once made their living general idea of the location let me ficiary of this new site. As I stated be- almost entirely by farming, they have share some information on the designa- fore,the Pleasant Grove Ranger Dis- increasingly had to expand into other tion of the cave. After being solicited trict of the Uinta National Forest will occupations as farmland has dis- by a group of Utahns familiar with also be getting a new home. Currently, appeared in many areas due to pressure Timpanogos Cave, President Warren G. the Pleasant Grove Ranger District is from development. As a result, many of Harding, invoking the Antiquities Act, housed in a 1950’s era building that was the Amish have come to rely more and designated the Timpanogos Cave Na- not designed for today’s staffing re- more on work in sawmills to make tional Monument on October 14, 1922. It quirements or modern day computer their living. The Amish culture expects just so happens that today is the 77th and communications needs. It is simply youth, upon the completion of their anniversary of the dedication of the too small and too outdated. The new education at the age of 14, to begin to Timpanogos Cave National Monument. facility will meet the space needs of learn a trade that will enable them to The dedication took place on July 25, the ranger district and be more tech- become productive members of society. 1924. The Secretary of the Interior at nology friendly. Furthermore, the pub- In many areas, work in sawmills is one that time, Hubert Work, invited a lic now will be able to visit one conven- of the major occupations available for group of journalists from New York iently located office to inquire about the Amish, whose belief system limits City on a five week tour of the recently NPS and USFS activities. the types of jobs they may hold. Unfor- created national parks and monuments I view the Timpanogos Interagency tunately, these youths are currently in the west. Ostensibly, the tour had Land Exchange Act of 2001 as simple prohibited by law from employment in been organized to publicize the features legislation that will correct a decade this industry until they reach the age of the new parks of the quickly grow- old problem. I look forward to working of 18. This prohibition threatens both ing National Park Service. After spend- with the Committee on Energy and the religion and lifestyle of the Amish. ing over a month visiting National Natural Resources to move this legisla- Under my legislation, youths would Parks, the group arrived at tion quickly. not be allowed to operate power ma- Timpanogos Cave National Monument chinery, but would be restricted to per- of the 25th of July where Mr. Alvah By Mr. SPECTER: forming activities such as sweeping, Davison, a noted New York publisher, S. 1241. A bill to amend the Fair stacking wood, and writing orders. My gave the dedication speech. Labor Standards Act of 1938 to permit legislation requires that the youths I believe it is fitting on the 77th anni- certain youth to perform certain work must be protected from wood particles versary of the dedication of the with wood products; to the Committee or flying debris and wear protective Timpanogos Cave National Monument on Health, Education, Labor, and Pen- equipment, all while under strict adult to introduce legislation that will en- sions. supervision. The Department of Labor hance the unique visitor experience at Mr. SPECTER. Mr. President, I have must monitor these safeguards to in- this site. The Timpanogos Interagency sought recognition today to introduce sure that they are enforced. Land Exchange Act of 2001 authorizes legislation designed to permit certain The Department of Justice has raised the exchange of 266 acres of United youths, those exempt from attending serious concerns under the Establish- States Forest Service land for 37 acres school, between the ages of 14 and 18 to ment Clause with the House legisla- of private land. This newly acquired work in sawmills under special safety tion. The House measure conferred ben- land will serve as the site for a new vis- conditions and close adult supervision. efits only to a youth who is a ‘‘member itor center and administrative offices I introduced identical measures in the of a religious sect or division thereof of the Pleasant Grove Ranger district 105th and 106th Congresses. Similar leg- whose established teachings do not per- of the Uinta National Forest and the islation introduced by my distin- mit formal education beyond the Timpanogos Cave National Monument. guished colleague, Representative JO- eighth grade.’’ By conferring the ‘‘ben- My legislation also authorizes the con- SEPH R. PITTS, has already passed in efit’’ of working in a sawmill only to struction of the new interagency facil- the House twice before. I am hopeful the adherents of certain religions, the July 25, 2001 CONGRESSIONAL RECORD — SENATE S8223 Department argues that the bill ap- of the satellites that enter the atmos- ‘‘(l) SPACEPORT.— pears to impermissibly favor religion phere are launched by this country. ‘‘(1) IN GENERAL.—For purposes of sub- to ‘‘irreligion.’’ In drafting my legisla- Our Nation’s spaceports are a vital section (a)(1), the term ‘spaceport’ means— tion, I attempted to overcome such an component of the infrastructure needed ‘‘(A) any facility directly related and es- sential to servicing spacecraft, enabling objection by conferring permission to to expand and enhance the U.S. role in spacecraft to launch or reenter, or transfer- work in sawmills to all youths who the international space arena. The ring passengers or space cargo to or from ‘‘are exempted from compulsory edu- Spaceport Equality Act is an impor- spacecraft, but only if such facility is lo- cation laws after the eighth grade.’’ In- tant step in increasing our competitive cated at, or in close proximity to, the launch deed, I think a broader focus is nec- position in this emerging industry. site or reentry site, and essary to create a sufficient range of This bill will stimulate investment ‘‘(B) any other functionally related and vocational opportunities for all youth in expanding and modernizing our Na- subordinate facility at or adjacent to the who are legally out of school and in tion’s space launch facilities by low- launch site or reentry site at which launch services or reentry services are provided, in- need of vocational opportunities. ering the cost of financing spaceport cluding a launch control center, repair shop, I also believe that the logic of the construction and renovation. Upon en- maintenance or overhaul facility, and rocket Supreme Court’s 1972 decision in Wis- actment, the bill will increase U.S. assembly facility. consin v. Yoder supports my bill. In launch capacity, and enhance both our ‘‘(2) ADDITIONAL TERMS.—For purposes of Yoder, the Court held that Wisconsin’s economic and national security. paragraph (1)— compulsory school attendance law re- The commercial space market is ex- ‘‘(A) SPACE CARGO.—The term ‘space cargo’ quiring children to attend school until pected to become increasingly more includes satellites, scientific experiments, the age of 16 violated the Free Exercise competitive in the next decade. The other property transported into space, and ability to have a robust space launch any other type of payload, whether or not Clause. The Court found that the Wis- such property returns from space. capability is in our best interests eco- consin law imposed a substantial bur- ‘‘(B) SPACECRAFT.—The term ‘spacecraft’ den on the free exercise of religion by nomically as well as strategically. means a launch vehicle or a reentry vehicle. the Amish since attending school be- My proposal does not provide direct ‘‘(C) OTHER TERMS.—The terms ‘launch’, yond the eighth grade ‘‘contravenes Federal spending to our commercial ‘launch site’, ‘launch services’, ‘launch vehi- the basic religious tenets and practices space transportation industry. Instead, cle’, ‘payload’, ‘reenter’, ‘reentry services’, of the Amish faith.’’ I believe a similar it creates the conditions necessary to ‘reentry site’, and ‘reentry vehicle’ shall argument can be made with respect to stimulate private sector capital invest- have the respective meanings given to such terms by section 70102 of title 49, United Amish youth working in sawmills. As ment in infrastructure. This bill offers Congress the chance to help open a new States Code (as in effect on the date of en- their population grows and their sub- actment of this subsection).’’. sistence through an agricultural way of age to space, where the States and (d) EXCEPTION FROM FEDERALLY GUARAN- life decreases, trades such as sawmills local communities can themselves take TEED BOND PROHIBITION.—Paragraph (3) of become more and more crucial to the part in space transportation. section 149(b) of the Internal Revenue Code continuation of their lifestyle. Barring To be state of the art in space re- of 1986 (relating to exceptions) is amended by youths from the sawmills denies these quires state of the art financing on the adding at the end the following new subpara- ground. I urge my colleagues in the graph: youths the very vocational training ‘‘(E) EXCEPTION FOR SPACEPORTS.—Para- and path to self-reliance that was cen- Senate to join us in this important ef- graph (1) shall not apply to any exempt facil- tral to the Yoder Court’s holding that fort by co-sponsoring this bill. ity bond issued as part of an issue described the Amish do not need the final two I ask unanimous consent that the in paragraph (1) of section 142(a) to provide a years of public education. text of the bill and a short summary of spaceport in situations where— I offer my legislation with the hope the bill be printed in the RECORD. ‘‘(i) the guarantee of the United States (or that my colleagues will work with me There being no objection, the mate- an agency or instrumentality thereof) is the to provide relief for the Amish commu- rial was ordered to be printed in the result of payment of rent, user fees, or other RECORD, as follows: charges by the United States (or any agency nity. I am pleased to have received a or instrumentality thereof), and S. 1243 commitment on the Senate floor from ‘‘(ii) the payment of the rent, user fees, or Senator KENNEDY, Chairman of the Be it enacted by the Senate and House of Rep- other charges is for, and conditioned upon, Committee on Health, Education, resentatives of the United States of America in the use of the spaceport by the United States Labor, and Pensions, to hold a hearing Congress assembled, (or any agency or instrumentality thereof).’’. on this issue, and I urge the timely SECTION 1. SHORT TITLE. (e) CONFORMING AMENDMENT.—The heading This Act may be cited as the ‘‘Spaceport consideration of my bill by the full for section 142(c) of the Internal Revenue Equality Act’’. Code of 1986 is amended by inserting ‘‘, Senate. SEC. 2. SPACEPORTS TREATED LIKE AIRPORTS SPACEPORTS,’’ after ‘‘AIRPORTS’’. UNDER EXEMPT FACILITY BOND (f) EFFECTIVE DATE.—The amendments By Mr. GRAHAM (for himself, RULES. made by this section shall apply to bonds Mr. MURKOWSKI, Mr. REID, Mr. (a) IN GENERAL.—Paragraph (1) of section issued after the date of the enactment of this NELSON of Florida, Mr. INHOFE, 142(a) of the Internal Revenue Code of 1986 Act. Mr. WARNER, and Mr. BURNS): (relating to exempt facility bonds) is amend- S. 1243. A bill to amend the Internal ed to read as follows: THE SPACEPORT EQUALITY ACT Revenue Code of 1986 to treat space- ‘‘(1) airports and spaceports,’’. DESCRIPTION OF PRESENT LAW (b) TREATMENT OF GROUND LEASES.—Para- Present law allows exempt facility bonds ports like airports under the exempt graph (1) of section 142(b) of the Internal facility bond rules; to the Committee to be issued to finance certain transpor- Revenue Code of 1986 (relating to certain fa- tation facilities, such as airports, docks and on Finance. cilities must be governmentally owned) is wharves, mass commuting facilities, high Mr. GRAHAM. Mr. President, today I amended by adding at the end the following speed intercity rail facilities, and storage or am introducing with my colleagues, new subparagraph: training facilities directly related to the Senators MURKOWSKI, REID of Nevada, ‘‘(C) SPECIAL RULE FOR SPACEPORT GROUND foregoing. Except for high-speed intercity NELSON of Florida, INHOFE, WARNER LEASES.—For purposes of subparagraph (A), rail facilities, these facilities must be owned spaceport property which is located on land and BURNS legislation entitled the by a governmental unit to be eligible for owned by the United States and which is Spaceport Equality Act. such financing. Exempt facility bonds for used by a governmental unit pursuant to a airports, docks and wharves, and govern- Currently airports, high speed rail, lease (as defined in section 168(h)(7)) from mentally-owned, high-speed intercity rail fa- seaports, mass transit, and other trans- the United States shall be treated as owned cilities are not subject to the private activ- portation projects can raise money by such unit if— ity bond volume cap. Only 25% of the exempt through the issuance of tax-exempt ‘‘(i) the lease term (within the meaning of facility bonds for a privately-owned, high- bonds. The Spaceport Equality Act section 168(i)(3)) is at least 15 years, and speed intercity rail facility require private amends the Internal Revenue Code to ‘‘(ii) such unit would be treated as owning activity bond volume cap. clarify that spaceports enjoy the same such property if such lease term were equal Airports.—Treasury Department regula- to the useful life of such property.’’. tions provide that airport property eligible favorable tax treatment. (c) DEFINITION OF SPACEPORT.—Section 142 for exempt facility bond financing includes The U.S. aerospace industry manu- of the Internal Revenue Code of 1986 is facilities that are directly related and essen- factures nearly 70 percent of the amended by adding at the end the following tial to the servicing of aircraft, enabling air- world’s satellites, but only 40 percent new subsection: craft to take off and land, and transferring S8224 CONGRESSIONAL RECORD — SENATE July 25, 2001 passengers or cargo to or from aircraft, but amendment specifies that payment by the and stay covered. Patients will enroll, only if the facilities are located at, or in federal government of rent, user fees, or and will enroll their children, too. close proximity to, the take-off and landing other charges for the use of spaceport prop- We also know that many families area. The regulations also provide that air- erty will not be taken into account in deter- lose coverage because complicated ap- ports include other functionally related and mining whether bonds for spacesports are subordinate facilities at or adjacent to the federally guaranteed as long as such pay- plications and burdensome require- airport, such as terminals, hangers, loading ments are conditioned on the use of such ments make it hard to stay insured. facilities, repair shops, maintenance or over- property and not payable unconditionally Our bill sees that families will have a haul facilities, and land-based navigational and in all events. simple application and that they won’t aids such as radar installations. Facilities, have to enroll over and over again. It the primary function of which is manufac- By Mr. KENNEDY (for himself, also makes sure that families they turing rather than transportation, are not Ms. SNOWE, Mr. ROCKEFELLER, aren’t excluded because that have sim- eligible for exempt facility bond financing. Mr. CHAFEE, Ms. COLLINS, Mr. ple assets like cars. Public Use Requirement.—Treasury Depart- DASCHLE, Mr. BAUCUS, Mr. ment regulations provide generally that, in I am pleased that this legislation has order to qualify as an exempt facility, the fa- BREAUX, Mr. TORRICELLI, Mrs. so much support in the Finance Com- cility must serve or be available on a regular LINCOLN, Mr. GRAHAM, Mr. mittee. In addition to Senator SNOWE, basis for general public use, or be part of a BINGAMAN, Mr. KERRY, Mrs. we have the support of every single facility so used, as contrasted with similar CLINTON, and Mr. CORZINE). Democrat in that committee. I hope types of facilities that are constructed for S. 1244. A bill to amend titles XIX that we can move on this legislation the exclusive use of a limited number of non- and XXI of the Social Security Act to before the August recess. governmental persons in their trades or busi- provide for FamilyCare coverage for These are long-overdue steps to give nesses. For example, a private dock or wharf parents of enrolled children, and for millions more Americans the health leased to and serving only a single manufac- other purposes; to the Committee on turing plant would not qualify as a facility coverage they deserve. It’s a signifi- for general public use, but a hangar or repair Finance. cant step toward the day when every facility at a municipal airport, or a dock or Mr. KENNEDY. Mr. President, it’s a man, woman and child in America has a wharf, would qualify even if it is leased or privilege to join Senator SNOWE and affordable health coverage. The Nation permanently assigned to a single nongovern- Senator ROCKEFELLER and many others needs both, and I’m hopeful that Con- mental person provided that person directly in introducing the Family Care Act of gress will enact both as soon as pos- serves the general public, such as a common 2001 to expand health coverage to mil- sible. passenger carrier or freight carrier. Certain lions of families. I ask unanimous consent that the facilities, such as sewage and solid waste dis- Families across America get up every posal facilities, are treated in all events as text of the bill and letters of support be serving a general public use although they day, go to work, play by the rules, and printed in the RECORD. may be part of a nonpublic facility, such as still cannot afford the health insurance There being no objection, the mate- a manufacturing facility used in the trade of they need to stay healthy and protect rial was ordered to be printed in the business of a single manufacturer. themselves when serious illness RECORD, as follows: Federally Guaranteed Bonds.—Bonds di- strikes. Family Care is a practical, S. 1244 rectly or indirectly guaranteed by the common-sense solution for millions of Be it enacted by the Senate and House of Rep- United States (or any agency or instrument hardworking families, and it deserves resentatives of the United States of America in thereof) are not tax-exempt. The Treasury to be a national priority. Congress assembled, Department has not issued detailed regula- tions interpreting the prohibition of federal The legislation we are introducing SECTION 1. SHORT TITLE OF TITLE; TABLE OF CONTENTS. guarantees and the scope of the prohibition today will provide health insurance to (a) SHORT TITLE.—This Act may be cited as is unclear. millions of Americans. And it does so without creating a new program or a the ‘‘FamilyCare Act of 2001’’. EXPLANATION OF SPACEPORT EQUALITY ACT (b) TABLE OF CONTENTS.—The table of con- The Spaceport Equality Act clarifies that new bureaucracy. It builds on the ex- tents of this Act is as follows: isting Children’s Health Insurance Pro- spaceports are eligible for exempt facility Sec. 1. Short title of title; table of contents. bond financing to the same extent as air- gram. By allowing children and their Sec. 2. Renaming of title XXI program. ports. As in the case of airports, the facili- parents to be covered, we can reduce Sec. 3. FamilyCare coverage of parents ties must be owned by a governmental unit the number of uninsured Americans by under the medicaid program to be eligible for such financing. one-third. and title XXI. The term ‘‘spaceport’’ includes facilities Four years ago we worked together, Sec. 4. Automatic enrollment of children directly related and essential to servicing Republicans and Democrats, to expand born to title XXI parents. spacecraft, enabling spacecraft to take off or coverage to uninsured children in fami- Sec. 5. Optional coverage of legal immi- land, and transferring passengers or space grants under the medicaid pro- cargo door from spacecraft, but only if the lies whose income is too high for Med- gram and title XXI. facilities are located at, or in close prox- icaid but not enough to afford private Sec. 6. Optional coverage of children imity to, the launch site. Space cargo in- health insurance. The Children’s through age 20 under the med- cludes satellites, scientific experiments, and Health Insurance Program has already icaid program and title XXI. other property transported into space, brought quality health care to over 3 Sec. 7. Application of simplified title XXI whether or not the cargo will return from million children, and many more are procedures under the medicaid space. The term ‘‘spaceport’’ also includes eligible. program. other functionally related and subordinate Sec. 8. Improving welfare-to-work transition facilities at or adjacent to the spaceport, Our bill is an important step to build under the medicaid program. such as launch control centers, repair shops, on that initiative. Over 80 percent of Sec. 9. Elimination of 100 hour rule and maintenance or overhaul facilities, and rock- children who are uninsured or enrolled other AFDC-related eligibility et assembly facilities that must be located in Medicaid or CHIP have uninsured restrictions. at or adjacent to the launch site. The term parents. Expanding CHIP to cover par- Sec. 10. State grant program for market in- ‘‘spaceport’’ further includes storage facili- ents as well as children will make a novation. ties directly related to any governmentally- huge difference to millions of working Sec. 11. Limitations on conflicts of interest. Sec. 12. Increase in CHIP allotment for each owned spaceport (including a spaceport families. owned by the U.S. Government. of fiscal years 2002 through 2004. It is intended that spaceports shall be We also need to do more to help sign Sec. 13. Demonstration programs to improve treated in all respects as serving the general up the large number of children who medicaid and CHIP outreach to public and will therefore satisfy the public are already eligible for health coverage homeless individuals and fami- use requirements contained in present Treas- but have never enrolled. The numbers lies. ury Department regulations. It is also in- are dramatic. Ninety-five percent of Sec. 14. Technical and conforming amend- tended that the use of spaceport facilities by low-income uninsured children are eli- ments to authority to pay med- the federal government will not prevent the gible for Medicaid or CHIP. If we can icaid expansion costs from title XXI appropriation. spaceport facilities from being treated as sign up these children, we can give al- serving the general public, will not prevent Sec. 15. Additional CHIP revisions. the spaceport from being treated as owned most every child in America a real SEC. 2. RENAMING OF TITLE XXI PROGRAM. by a government unit, and will not otherwise chance at a healthy childhood. (a) IN GENERAL.—The heading of title XXI render such facilities ineligible for exempt Our legislation includes steps to of the Social Security Act (42 U.S.C. 1397aa facility bond financing. In addition, the make it easier for families to register et seq.) is amended to read as follows: July 25, 2001 CONGRESSIONAL RECORD — SENATE S8225

‘‘TITLE XXI—FAMILYCARE PROGRAM’’. expenditures described in the following (A) FAMILYCARE COVERAGE.—Title XXI of (b) PROGRAM REFERENCES.—Any reference clauses (i) and (ii): the Social Security Act (42 U.S.C. 1397aa et in any provision of Federal law or regulation ‘‘(i) PARENTS.—If the conditions described seq.) is amended by adding at the end the fol- to ‘‘SCHIP’’ or ‘‘State children’s health in- in clause (iii) are met, expenditures for med- lowing: surance program’’ under title XXI of the So- ical assistance for parents described in sec- ‘‘SEC. 2111. OPTIONAL FAMILYCARE COVERAGE cial Security Act shall be deemed a reference tion 1902(k)(1) and for parents who would be OF PARENTS OF TARGETED LOW-IN- to the FamilyCare program under such title. described in such section but for the fact COME CHILDREN. SEC. 3. FAMILYCARE COVERAGE OF PARENTS that they are eligible for medical assistance ‘‘(a) OPTIONAL COVERAGE.—Notwith- UNDER THE MEDICAID PROGRAM under section 1931 or under a waiver ap- standing any other provision of this title, a AND TITLE XXI. proved under section 1115. State child health plan may provide for cov- (a) INCENTIVES TO IMPLEMENT FAMILYCARE ‘‘(ii) CERTAIN PREGNANT WOMEN.—Expendi- erage, through an amendment to its State COVERAGE.— tures for medical assistance for pregnant child health plan under section 2102, of (1) UNDER MEDICAID.— women under section 1902(l)(1)(A) in a family FamilyCare assistance for individuals who (A) ESTABLISHMENT OF NEW OPTIONAL ELIGI- the income of which exceeds the income are targeted low-income parents in accord- BILITY CATEGORY.—Section 1902(a)(10)(A)(ii) level applicable under section 1902(l)(2)(A) to ance with this section, but only if— of the Social Security Act (42 U.S.C. a family of the size involved as of January 1, ‘‘(1) the State meets the conditions de- 1396a(a)(10)(A)(ii)) is amended— 2000. scribed in section 1905(u)(4)(A)(iii); and (i) by striking ‘‘or’’ at the end of subclause ‘‘(iii) CONDITIONS.—The conditions de- ‘‘(2) the State elects to provide medical as- (XVII); scribed in this clause are the following: sistance under section 1902(a)(10)(A)(ii)(XIX), (ii) by adding ‘‘or’’ at the end of subclause ‘‘(I) The State has a State child health under section 1931, or under a waiver under (XVIII); and plan under title XXI which (whether imple- section 1115 to individuals described in sec- (iii) by adding at the end the following: mented under such title or under this title) tion 1902(k)(1)(A)(i) and elects an applicable ‘‘(XIX) who are individuals described in has an effective income level for children income level for such individuals that con- subsection (k)(1) (relating to parents of cat- that is at least 200 percent of the poverty sistent with paragraphs (1)(B) and (2) of sec- egorically eligible children);’’. line. tion 1902(k), ensures to the maximum extent (B) PARENTS DESCRIBED.—Section 1902 of ‘‘(II) Such State child health plan does not possible, that those individuals shall be en- the Social Security Act is further amended limit the acceptance of applications, does rolled in the same program as their children by inserting after subsection (j) the fol- not use a waiting list for children who meet if their children are eligible for coverage lowing: eligibility standards to qualify for assist- under title XIX (including under a waiver au- ‘‘(k)(1)(A) Individuals described in this ance, and provides benefits to all children in thorized by the Secretary or under section paragraph are individuals— the State who apply for and meet eligibility 1902(r)(2)).’’. ‘‘(i) who are the parents of an individual standards. ‘‘(b) DEFINITIONS.—For purposes of this who is under 19 years of age (or such higher ‘‘(III) The State plans under this title and title: age as the State may have elected under sec- title XXI do not provide coverage for parents ‘‘(1) FAMILYCARE ASSISTANCE.—The term tion 1902(l)(1)(D)) and who is eligible for med- with higher family income without covering ‘FamilyCare assistance’ has the meaning ical assistance under subsection (a)(10)(A); parents with a lower family income. given the term child health assistance in sec- ‘‘(ii) who are not otherwise eligible for ‘‘(IV) The State does not apply an income tion 2110(a) as if any reference to targeted medical assistance under such subsection, level for parents that is lower than the effec- low-income children were a reference to tar- under section 1931, or under a waiver ap- tive income level (expressed as a percent of geted low-income parents. proved under section 1115 or otherwise (ex- the poverty line) that has been specified ‘‘(2) TARGETED LOW-INCOME PARENT.—The cept under subsection (a)(10)(A)(ii)(XIX)); under the State plan under title XIX (includ- term ‘targeted low-income parent’ has the and ing under a waiver authorized by the Sec- meaning given the term targeted low-income ‘‘(iii) whose family income exceeds the in- retary or under section 1902(r)(2)), as of Jan- child in section 2110(b) as if the reference to come level applicable under the State plan uary 1, 2000, to be eligible for medical assist- a child were deemed a reference to a parent under part A of title IV as in effect as of ance as a parent under this title. (as defined in paragraph (3)) of the child; ex- July 16, 1996, but does not exceed the highest ‘‘(iv) DEFINITIONS.—For purposes of this cept that in applying such section— income level applicable to a child in the fam- subsection: ‘‘(A) there shall be substituted for the in- ily under this title. ‘‘(I) The term ‘parent’ has the meaning come level described in paragraph (1)(B)(ii)(I) ‘‘(B) In establishing an income eligibility given such term for purposes of section the applicable income level in effect for a level for individuals described in this para- 1902(k)(1). targeted low-income child; graph, a State may vary such level con- ‘‘(II) The term ‘poverty line’ has the mean- ‘‘(B) in paragraph (3), January 1, 2000, shall sistent with the various income levels estab- ing given such term in section 2110(c)(5).’’. be substituted for July 1, 1997; and lished under subsection (l)(2) based on the (D) APPROPRIATION FROM TITLE XXI ALLOT- ‘‘(C) in paragraph (4), January 1, 2000, shall ages of children described in subsection (l)(1) MENT FOR CERTAIN MEDICAID EXPANSION be substituted for March 31, 1997. in order to ensure, to the maximum extent COSTS.—Subparagraph (B) of section ‘‘(3) PARENT.—The term ‘parent’ includes possible, that such individuals shall be en- 2105(a)(1) of the Social Security Act, as an individual treated as a caregiver for pur- rolled in the same program as their children. amended by section 14(a), is amended to read poses of carrying out section 1931. ‘‘(C) An individual may not be treated as as follows: ‘‘(4) OPTIONAL TREATMENT OF PREGNANT being described in this paragraph unless, at ‘‘(B) FAMILYCARE PARENTS.—Expenditures WOMEN AS PARENTS.—A State child health the time of the individual’s enrollment under for medical assistance that is attributable to plan may treat a pregnant woman who is not this title, the child referred to in subpara- expenditures described in section otherwise a parent as a targeted low-income graph (A)(i) of the individual is also enrolled 1905(u)(4)(A).’’. parent for purposes of this section but only under this title. (E) ONLY COUNTING ENHANCED PORTION FOR if the State has established an income level ‘‘(D) In this subsection, the term ‘parent’ COVERAGE OF ADDITIONAL PREGNANT WOMEN.— under section 1902(l)(2)(A)(i) for pregnant includes an individual treated as a caregiver Section 1905 of the Social Security Act (42 women that is at least 185 percent of the in- for purposes of carrying out section 1931. U.S.C. 1396d) is amended— come official poverty line described in such ‘‘(2) In the case of a parent described in (i) in the fourth sentence of subsection (b), section. paragraph (1) who is also the parent of a by inserting ‘‘(except in the case of expendi- ‘‘(c) REFERENCES TO TERMS AND SPECIAL child who is eligible for child health assist- tures described in subsection (u)(5))’’ after RULES.—In the case of, and with respect to, ance under title XXI, the State may elect ‘‘do not exceed’’; a State providing for coverage of FamilyCare (on a uniform basis) to cover all such parents (ii) in subsection (u), by inserting after assistance to targeted low-income parents under section 2111 or under this title.’’. paragraph (4) (as inserted by subparagraph under subsection (a), the following special (C) ENHANCED MATCHING FUNDS AVAILABLE (C)), the following: rules apply: IF CERTAIN CONDITIONS MET.—Section 1905 of ‘‘(5) For purposes of the fourth sentence of ‘‘(1) Any reference in this title (other than the Social Security Act (42 U.S.C. 1396d) is subsection (b) and section 2105(a), the fol- subsection (b)) to a targeted low-income amended— lowing payments under this title do not child is deemed to include a reference to a (i) in the fourth sentence of subsection (b), count against a State’s allotment under sec- targeted low-income parent. by striking ‘‘or subsection (u)(3)’’ and insert- tion 2104: ‘‘(2) Any such reference to child health as- ing ‘‘, (u)(3), or (u)(4)’’; and ‘‘(A) REGULAR FMAP FOR EXPENDITURES FOR sistance with respect to such parents is (ii) in subsection (u)— PREGNANT WOMEN WITH INCOME ABOVE JANU- deemed a reference to FamilyCare assist- (I) by redesignating paragraph (4) as para- ARY 1, 2000 INCOME LEVEL AND BELOW 185 PER- ance. graph (6), and CENT OF POVERTY.—The portion of the pay- ‘‘(3) In applying section 2103(e)(3)(B) in the (II) by inserting after paragraph (3) the fol- ments made for expenditures described in case of a family provided coverage under this lowing: paragraph (4)(A)(ii) that represents the section, the limitation on total annual ag- ‘‘(4) For purposes of subsection (b) and sec- amount that would have been paid if the en- gregate cost-sharing shall be applied to the tion 2105(a)(1): hanced FMAP had not been substituted for entire family. ‘‘(A) FAMILYCARE PARENTS.—The expendi- the Federal medical assistance percentage.’’. ‘‘(4) In applying section 2110(b)(4), any ref- tures described in this subparagraph are the (2) UNDER TITLE XXI.— erence to ‘section 1902(l)(2) or 1905(n)(2) (as S8226 CONGRESSIONAL RECORD — SENATE July 25, 2001

selected by a State)’ is deemed a reference to be made to a State under this title from an ‘‘(A) REGULAR FMAP FOR EXPENDITURES FOR the income level applicable to parents under allotment provided under this subsection un- PREGNANT WOMEN WITH INCOME ABOVE 133 PER- section 1931 or under a waiver approved less the State has made an election to pro- CENT OF POVERTY.—The portion of the pay- under section 1115, or, in the case of a preg- vide FamilyCare assistance.’’. ments made for expenditures described in nant woman described in subsection (b)(4), (ii) CONFORMING AMENDMENTS.—Section paragraph (4)(A)(ii) that represents the the income level established under section 2104 of the Social Security Act (42 U.S.C. amount that would have been paid if the en- 1902(l)(2)(A). 1397dd) is amended— hanced FMAP had not been substituted for ‘‘(5) In applying section 2102(b)(3)(B), any (I) in subsection (a), by inserting ‘‘subject the Federal medical assistance percentage.’’; reference to children is deemed a reference to subsection (d),’’ after ‘‘under this sec- and to parents.’’. tion,’’; (ii) by adding at the end the following: (B) ADDITIONAL ALLOTMENT FOR STATES (II) in subsection (b)(1), by inserting ‘‘and ‘‘(B) FAMILYCARE PARENTS UNDER 100 PER- PROVIDING FAMILYCARE.— subsection (d)’’ after ‘‘Subject to paragraph CENT OF POVERTY.—Payments for expendi- (i) IN GENERAL.—Section 2104 of the Social (4)’’; and tures described in paragraph (4)(A)(i) in the Security Act (42 U.S.C. 1397dd) is amended by (III) in subsection (c)(1), by inserting ‘‘sub- case of parents whose income does not ex- inserting after subsection (c) the following: ject to subsection (d),’’ after ‘‘for a fiscal ceed 100 percent of the income official pov- ‘‘(d) ADDITIONAL ALLOTMENTS FOR STATE year,’’. erty line applicable to a family of the size in- PROVIDING FAMILYCARE.— (C) NO COST-SHARING FOR PREGNANCY-RE- volved. ‘‘(1) APPROPRIATION; TOTAL ALLOTMENT.— LATED BENEFITS.—Section 2103(e)(2) of the ‘‘(C) REGULAR FMAP FOR EXPENDITURES FOR For the purpose of providing additional al- Social Security Act (42 U.S.C. 1397cc(e)(2)) is CERTAIN CHILDREN IN FAMILIES WITH INCOME lotments to States to provide FamilyCare amended— ABOVE MEDICAID MANDATORY LEVEL.—The por- coverage under section 2111, there is appro- (i) in the heading, by inserting ‘‘AND PREG- tion of the payments made for expenditures priated, out of any money in the Treasury NANCY-RELATED SERVICES’’ after ‘‘PREVENTIVE described in paragraph (4)(B) that represents not otherwise appropriated— SERVICES’’; and the amount that would have been paid if the ‘‘(A) for fiscal year 2002, $2,000,000,000; (ii) by inserting before the period at the enhanced FMAP had not been substituted for ‘‘(B) for fiscal year 2003, $2,000,000,000; end the following: ‘‘and for pregnancy-re- the Federal medical assistance percentage.’’. ‘‘(C) for fiscal year 2004, $3,000,000,000; lated services’’. (B) CONFORMING AMENDMENTS.—Subpara- ‘‘(D) for fiscal year 2005, $3,000,000,000; (3) EFFECTIVE DATE.—The amendments graph (B) of section 2105(a)(1) of the Social ‘‘(E) for fiscal year 2006, $6,000,000,000; made by this subsection apply to items and Security Act, as amended by section 14(a) ‘‘(F) for fiscal year 2007, $7,000,000,000; services furnished on or after October 1, 2001, and subsection (a)(1)(D), is amended to read ‘‘(G) for fiscal year 2008, $8,000,000,000; whether or not regulations implementing as follows: ‘‘(H) for fiscal year 2009, $9,000,000,000; such amendments have been issued. ‘‘(B) CERTAIN FAMILYCARE PARENTS AND ‘‘(I) for fiscal year 2010, $10,000,000,000; and OTHERS.—Expenditures for medical assist- ‘‘(J) for fiscal year 2011 and each fiscal year (b) RULES FOR IMPLEMENTATION BEGINNING ance that is attributable to expenditures de- thereafter, the amount of the allotment pro- WITH FISCAL YEAR 2005.— scribed in section 1905(u)(4), except as pro- vided under this paragraph for the preceding (1) REQUIRED COVERAGE OF FAMILYCARE vided in section 1905(u)(5).’’. fiscal year increased by the percentage in- PARENTS.—Section 1902(a)(10)(A)(i) of the So- (4) EFFECTIVE DATE.—The amendments crease (if any) in the medical care expendi- cial Security Act (42 U.S.C. 1396a(a)(10)(A)(i)) made by this subsection apply as of October ture category of the Consumer Price Index is amended— for All Urban Consumers (United States city (A) by striking ‘‘or’’ at the end of sub- 1, 2004, to fiscal years beginning on or after average). clause (VI); such date and to expenditures under the State plan on and after such date, whether or ‘‘(2) STATE AND TERRITORIAL ALLOTMENTS.— (B) by striking the semicolon at the end of not regulations implementing such amend- ‘‘(A) IN GENERAL.—In addition to the allot- subclause (VII) and insert ‘‘, or’’; and ments provided under subsections (b) and (c), (C) by adding at the end the following: ments have been issued. subject to paragraphs (3) and (4), of the ‘‘(VIII) who are described in subsection (c) MAKING TITLE XXI BASE ALLOTMENTS amount available for the additional allot- (k)(1) (or would be described if subparagraph PERMANENT.—Section 2104(a) of the Social ments under paragraph (1) for a fiscal year, (A)(ii) of such subsection did not apply) and Security Act (42 U.S.C. 1397dd(a)) is the Secretary shall allot to each State with who are in families with incomes that do not amended— a State child health plan approved under this exceed 100 percent of the poverty line appli- (1) by striking ‘‘and’’ at the end of para- title— cable to a family of the size involved;’’. graph (9); ‘‘(i) in the case of such a State other than (2) EXPANSION OF AVAILABILITY OF EN- (2) by striking the period at the end of a commonwealth or territory described in HANCED MATCH UNDER MEDICAID FOR PRE-CHIP paragraph (10) and inserting ‘‘; and’’; and clause (ii), the same proportion as the pro- EXPANSIONS.—Paragraph (4) of section 1905(u) (3) by adding at the end the following: portion of the State’s allotment under sub- of the Social Security Act (42 U.S.C. ‘‘(11) for fiscal year 2008 and each fiscal section (b) (determined without regard to 1396d(u)), as inserted by subsection (a)(1)(C), year thereafter, the amount of the allotment subsection (f)) to 98.95 percent of the total is amended— provided under this subsection for the pre- amount of the allotments under such section (A) by amending clause (ii) of subpara- ceding fiscal year increased by the percent- for such States eligible for an allotment graph (A) to read as follows: age increase (if any) in the medical care ex- under this subparagraph for such fiscal year; ‘‘(ii) CERTAIN PREGNANT WOMEN.—Expendi- penditure category of the Consumer Price and tures for medical assistance for pregnant Index for All Urban Consumers (United ‘‘(ii) in the case of a commonwealth or ter- women under section 1902(l)(1)(A) in a family States city average).’’. ritory described in subsection (c)(3), the the income of which exceeds the 133 percent (d) OPTIONAL APPLICATION OF PRESUMPTIVE same proportion as the proportion of the of the income official poverty line.’’; and ELIGIBILITY PROVISIONS TO PARENTS.—Sec- commonwealth’s or territory’s allotment (B) by adding at the end the following: tion 1920A of the Social Security Act (42 under subsection (c) (determined without re- ‘‘(B) CHILDREN IN FAMILIES WITH INCOME U.S.C. 1396r–1a) is amended by adding at the gard to subsection (f)) to 1.05 percent of the ABOVE MEDICAID MANDATORY LEVEL NOT PRE- end the following: total amount of the allotments under such VIOUSLY DESCRIBED.—The expenditures de- ‘‘(e) A State may elect to apply the pre- section for commonwealths and territories scribed in this subparagraph are expendi- vious provisions of this section to provide for eligible for an allotment under this subpara- tures (other than expenditures described in a period of presumptive eligibility for med- graph for such fiscal year. paragraph (2) or (3)) for medical assistance ical assistance for a parent (as defined for ‘‘(B) AVAILABILITY AND REDISTRIBUTION OF made available to any child who is eligible purposes of section 1902(k)(1)) of a child with UNUSED ALLOTMENTS.—In applying sub- for assistance under section 1902(a)(10)(A) respect to whom such a period is provided sections (e) and (f) with respect to additional (other than under clause (i)) and the income under this section.’’. allotments made available under this sub- of whose family exceeds the minimum in- (e) CONFORMING AMENDMENTS.— section, the procedures established under come level required under subsection (1) ELIGIBILITY CATEGORIES.—Section such subsections shall ensure such additional 1902(l)(2) (or, if higher, the minimum level 1905(a) of the Social Security Act (42 U.S.C. allotments are only made available to States required under section 1931 for that State) 1396d(a)) is amended, in the matter before which have elected to provide coverage for a child of the age involved (treating any paragraph (1)— under section 2111. child who is 19 or 20 years of age as being 18 (A) by striking ‘‘or’’ at the end of clause ‘‘(3) USE OF ADDITIONAL ALLOTMENT.—Addi- years of age).’’. (xii); tional allotments provided under this sub- (3) OFFSET OF ADDITIONAL EXPENDITURES (B) by inserting ‘‘or’’ at the end of clause section are not available for amounts ex- FOR ENHANCED MATCH FOR PRE-CHIP EXPAN- (xiii); and pended before October 1, 2001. Such amounts SION; ELIMINATION OF OFFSET FOR REQUIRED (C) by inserting after clause (xiii) the fol- are available for amounts expended on or COVERAGE OF FAMILYCARE PARENTS.— lowing: after such date for child health assistance (A) IN GENERAL.—Section 1905(u)(5) of the ‘‘(xiv) who are parents described (or treat- for targeted low-income children, as well as Social Security Act (42 U.S.C. 1396d(u)(5)), as ed as if described) in section 1902(k)(1),’’. for FamilyCare assistance. added by subsection (a)(1)(E), is amended— (2) INCOME LIMITATIONS.—Section 1903(f)(4) ‘‘(4) REQUIRING ELECTION TO PROVIDE (i) by amending subparagraph (A) to read of the Social Security Act (42 U.S.C. FAMILYCARE COVERAGE.—No payments may as follows: 1396b(f)(4)) is amended— July 25, 2001 CONGRESSIONAL RECORD — SENATE S8227 (A) effective October 1, 2004, by in- 1, 2001, and apply to medical assistance and ‘‘(D) the State shall not require a face-to- serting ‘‘1902(a)(10)(A)(i)(VIII),’’ after child health assistance furnished on or after face interview for purposes of initial eligi- ‘‘1902(a)(10)(A)(i)(VII),’’; and such date, whether or not regulations imple- bility determinations and redeterminations (B) by inserting ‘‘1902(a)(10)(A)(ii)(XIX),’’ menting such amendments have been issued. unless the State requires such an interview after ‘‘1902(a)(10)(A)(ii)(XVIII),’’. SEC. 6. OPTIONAL COVERAGE OF CHILDREN for such purposes under such child health (3) CONFORMING AMENDMENT RELATING TO NO THROUGH AGE 20 UNDER THE MED- plan with respect to such individuals.’’. WAITING PERIOD FOR PREGNANT WOMEN.—Sec- ICAID PROGRAM AND TITLE XXI. (2) EFFECTIVE DATE.—The amendments tion 2102(b)(1)(B) of the Social Security Act (a) MEDICAID.— made by paragraph (1) apply to determina- (42 U.S.C. 1397bb(b)(1)(B)) is amended— (1) IN GENERAL.—Section 1902(l)(1)(D) of the tions of eligibility made on or after the date (A) by striking ‘‘, and’’ at the end of clause Social Security Act (42 U.S.C. 1396a(l)(1)(D)) that is 1 year after the date of the enactment (i) and inserting a semicolon; is amended by inserting ‘‘(or, at the election of this Act, whether or not regulations im- (B) by striking the period at the end of of a State, 20 or 21 years of age)’’ after ‘‘19 plementing such amendments have been clause (ii) and inserting ‘‘; and’’; and years of age’’. issued. (C) by adding at the end the following: (2) CONFORMING AMENDMENTS.— (b) PRESUMPTIVE ELIGIBILITY.— ‘‘(iii) may not apply a waiting period (in- (A) Section 1902(e)(3)(A) of the Social Secu- (1) IN GENERAL.—Section 1920A(b)(3)(A)(i) of cluding a waiting period to carry out para- rity Act (42 U.S.C. 1396a(e)(3)(A)) is amended the Social Security Act (42 U.S.C. 1396r– graph (3)(C)) in the case of a targeted low-in- by inserting ‘‘(or 1 year less than the age the 1a(b)(3)(A)(i)) is amended by inserting ‘‘a come parent who is pregnant.’’. State has elected under subsection (l)(1)(D))’’ child care resource and referral agency,’’ after ‘‘18 years of age’’. SEC. 4. AUTOMATIC ENROLLMENT OF CHILDREN after ‘‘a State or tribal child support en- BORN TO TITLE XXI PARENTS. (B) Section 1902(e)(12) of the Social Secu- forcement agency,’’. Section 2102(b)(1) of the Social Security rity Act (42 U.S.C. 1396a(e)(12)) is amended by (2) APPLICATION TO PRESUMPTIVE ELIGI- Act (42 U.S.C. 1397bb(b)(1)) is amended by inserting ‘‘or such higher age as the State BILITY FOR PREGNANT WOMEN UNDER MED- adding at the end the following: has elected under subsection (l)(1)(D)’’ after ICAID.—Section 1920(b) of the Social Security ‘‘19 years of age’’. ‘‘(C) AUTOMATIC ELIGIBILITY OF CHILDREN Act (42 U.S.C. 1396r–1(b)) is amended by add- (C) Section 1920A(b)(1) of the Social Secu- BORN TO A PARENT BEING PROVIDED ing at the end after and below paragraph (2) rity Act (42 U.S.C. 1396r–1a(b)(1)) is amended FAMILYCARE.—Such eligibility standards the following flush sentence: shall provide for automatic coverage of a by inserting ‘‘or such higher age as the State ‘‘The term ‘qualified provider’ includes a has elected under section 1902(l)(1)(D)’’ after child born to an individual who is provided qualified entity as defined in section ‘‘19 years of age’’. assistance under this title in the same man- 1920A(b)(3).’’. (D) Section 1928(h)(1) of the Social Secu- ner as medical assistance would be provided (3) APPLICATION UNDER TITLE XXI.— rity Act (42 U.S.C. 1396s(h)(1)) is amended by under section 1902(e)(4) to a child described (A) IN GENERAL.—Section 2107(e)(1)(D) of inserting ‘‘or 1 year less than the age the in such section.’’. the Social Security Act (42 U.S.C. State has elected under section 1902(l)(1)(D)’’ 1397gg(e)(1)) is amended to read as follows: SEC. 5. OPTIONAL COVERAGE OF LEGAL IMMI- before the period at the end. GRANTS UNDER THE MEDICAID PRO- ‘‘(D) Sections 1920 and 1920A (relating to GRAM AND TITLE XXI. (E) Section 1932(a)(2)(A) of the Social Secu- presumptive eligibility).’’. (a) MEDICAID PROGRAM.—Section 1903(v) of rity Act (42 U.S.C. 1396u–2(a)(2)(A)) is amend- (B) CONFORMING ELIMINATION OF RESOURCE the Social Security Act (42 U.S.C. 1396b(v)) is ed by inserting ‘‘(or such higher age as the TEST.—Section 2102(b)(1)(A) of such Act (42 amended— State has elected under section U.S.C. 1397bb(b)(1)(A)) is amended— (1) in paragraph (1), by striking ‘‘paragraph 1902(l)(1)(D))’’ after ‘‘19 years of age’’. (i) by striking ‘‘ and resources (including (b) TITLE XXI.—Section 2110(c)(1) of the So- (2)’’ and inserting ‘‘paragraphs (2) and (4)’’; any standards relating to spenddowns and cial Security Act (42 U.S.C. 1397jj(c)(1)) is and disposition of resources)’’; and amended by inserting ‘‘(or such higher age as (2) by adding at the end the following: (ii) by adding at the end the following: ‘‘Ef- the State has elected under section ‘‘(4)(A) A State may elect (in a plan fective 1 year after the date of the enact- 1902(l)(1)(D))’’. amendment under this title) to provide med- ment of the FamilyCare Act of 2001, such (c) EFFECTIVE DATE.—The amendments standards may not include the application of ical assistance under this title, notwith- made by this section take effect on October a resource standard or test.’’. standing sections 401(a), 402(b), 403, and 421 of 1, 2001, and apply to medical assistance and (c) AUTOMATIC REASSESSMENT OF ELIGI- the Personal Responsibility and Work Oppor- child health assistance provided on or after BILITY FOR TITLE XXI AND MEDICAID BENE- tunity Reconciliation Act of 1996, for aliens such date, whether or not regulations imple- FITS FOR CHILDREN LOSING MEDICAID OR TITLE who are lawfully residing in the United menting such amendments have been issued. States (including battered aliens described XXI ELIGIBILITY.— SEC. 7. APPLICATION OF SIMPLIFIED TITLE XXI (1) LOSS OF MEDICAID ELIGIBILITY.—Section in section 431(c) of such Act) and who are PROCEDURES UNDER THE MED- otherwise eligible for such assistance, within ICAID PROGRAM. 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— any of the following eligibility categories: (a) APPLICATION UNDER MEDICAID.— (A) by striking the period at the end of ‘‘(i) PREGNANT WOMEN.—Women during (1) IN GENERAL.—Section 1902(l) of the So- pregnancy (and during the 60-day period be- cial Security Act (42 U.S.C. 1396a(l)) is paragraph (65) and inserting ‘‘; and’’, and ginning on the last day of the pregnancy). amended— (B) by inserting after paragraph (65) the ‘‘(ii) CHILDREN.—Children (as defined under (A) in paragraph (3), by inserting ‘‘subject following: such plan), including optional targeted low- to paragraph (5)’’, after ‘‘Notwithstanding ‘‘(66) provide, in the case of a State with a income children described in section subsection (a)(17),’’; and State child health plan under title XXI, that 1905(u)(2)(B). (B) by adding at the end the following: before medical assistance to a child (or a ‘‘(iii) PARENTS.—If the State has elected ‘‘(5) With respect to determining the eligi- parent of a child) is discontinued under this the eligibility category described in clause bility of individuals under 19 years of age (or title, a determination of whether the child (ii), caretaker relatives who are parents (in- such higher age as the State has elected (or parent) is eligible for benefits under title cluding individuals treated as a caregiver for under paragraph (1)(D)) for medical assist- XXI shall be made and, if determined to be purposes of carrying out section 1931) of chil- ance under subsection (a)(10)(A) and, sepa- so eligible, the child (or parent) shall be dren (described in such clause or otherwise) rately, with respect to determining the eligi- automatically enrolled in the program under who are eligible for medical assistance under bility of individuals for medical assistance such title without the need for a new appli- the plan. under subsection (a)(10)(A)(i)(VIII) or cation.’’. ‘‘(B) In the case of a State that has elected (a)(10)(A)(ii)(XIX), notwithstanding any (2) LOSS OF TITLE XXI ELIGIBILITY AND CO- to provide medical assistance to a category other provision of this title, if the State has ORDINATION WITH MEDICAID.—Section 2102(b) of aliens under subparagraph (A), no debt established a State child health plan under (42 U.S.C. 1397bb(b)) is amended— shall accrue under an affidavit of support title XXI— (A) in paragraph (3), by redesignating sub- against any sponsor of such an alien on the ‘‘(A) the State may not apply a resource paragraphs (D) and (E) as subparagraphs (E) basis of provision of assistance to such cat- standard; and (F), respectively, and by inserting after egory and the cost of such assistance shall ‘‘(B) the State shall use the same sim- subparagraph (C) the following: not be considered as an unreimbursed cost.’’. plified eligibility form (including, if applica- ‘‘(D) that before health assistance to a (b) TITLE XXI.—Section 2107(e)(1) of the So- ble, permitting application other than in child (or a parent of a child) is discontinued cial Security Act (42 U.S.C. 1397gg(e)(1)) is person) as the State uses under such State under this title, a determination of whether amended by adding at the end the following: child health plan with respect to such indi- the child (or parent) is eligible for benefits ‘‘(E) Section 1903(v)(4) (relating to optional viduals; under title XIX is made and, if determined to coverage of categories of lawful resident ‘‘(C) the State shall provide for initial eli- be so eligible, the child (or parent) is auto- alien children and parents), but only with re- gibility determinations and redetermina- matically enrolled in the program under spect to an eligibility category under this tions of eligibility using verification poli- such title without the need for a new appli- title, if the same eligibility category has cies, forms, and frequency that are no less cation;’’; been elected under such section for purposes restrictive than the policies, forms, and fre- (B) by redesignating paragraph (4) as para- of title XIX.’’. quency the State uses for such purposes graph (5); and (c) EFFECTIVE DATE.—The amendments under such State child health plan with re- (C) by inserting after paragraph (3) the fol- made by this section take effect on October spect to such individuals; and lowing new paragraph: S8228 CONGRESSIONAL RECORD — SENATE July 25, 2001

‘‘(4) COORDINATION WITH MEDICAID.—The ability of medical assistance under title XIX (iv) by redesignating such subparagraph as State shall coordinate the screening and en- of the Social Security Act (42 U.S.C. 1396 et subparagraph (A) (with appropriate indenta- rollment of individuals under this title and seq.) and of child health and FamilyCare as- tion); and under title XIX consistent with the fol- sistance under title XXI of such Act, includ- (C) in subparagraph (A)(ii)— lowing: ing information on how to obtain an applica- (i) in the heading, by striking ‘‘REPORTING ‘‘(A) Information that is collected under tion for assistance under such programs. REQUIREMENTS AND’’; this title or under title XIX which is needed ‘‘(II) Information on the programs referred (ii) by striking ‘‘notify the family of the to make an eligibility determination under to in subclause (I) shall be provided on a reporting requirement under subparagraph the other title shall be transmitted to the form separate from the application form for (B)(ii) and’’ and inserting ‘‘provide the fam- appropriate administering entity under such free and reduced price lunches under clause ily with notification of’’; and other title in a timely manner so that cov- (i).’’. (iii) by redesignating such subparagraph as erage is not delayed and families do not have (e) 12-MONTHS CONTINUOUS ELIGIBILITY.— subparagraph (B) (with appropriate indenta- to submit the same information twice. Fami- (1) MEDICAID.—Section 1902(e)(12) of the So- tion). lies shall be provided the information they cial Security Act (42 U.S.C. 1396a(e)(12)) is (2) REMOVAL OF REQUIREMENT FOR PREVIOUS need to complete the application process for amended— RECEIPT OF MEDICAL ASSISTANCE.—Section coverage under both titles and be given ap- (A) by striking ‘‘At the option of the State, 1925(a)(1) of the Social Security Act (42 propriate notice of any determinations made the plan may’’ and inserting ‘‘The plan U.S.C. 1396r–6(a)(1)) is amended— on their applications for such coverage. shall’’; (A) by inserting ‘‘but subject to subpara- ‘‘(B) If a State does not use a joint applica- (B) by striking ‘‘an age specified by the graph (B)’’ after ‘‘any other provision of this tion under this title and such title, the State State (not to exceed 19 years of age)’’ and in- title’’; shall— serting ‘‘19 years of age (or such higher age (B) by redesignating the matter after ‘‘RE- ‘‘(i) promptly inform a child’s parent or as the State has elected under subsection QUIREMENT.—’’ as a subparagraph (A) with caretaker in writing and, if appropriate, (l)(1)(D)) or, at the option of the State, who the heading ‘‘IN GENERAL.—’’ and with the orally, that a child has been found likely to is eligible for medical assistance as the par- same indentation as subparagraph (B) (as be eligible under title XIX; ent of such a child’’; and added by subparagraph (C)); and ‘‘(ii) provide the family with an applica- (C) in subparagraph (A), by striking ‘‘a pe- (C) by adding at the end the following: riod (not to exceed 12 months) ’’ and insert- tion for medical assistance under such title ‘‘(B) STATE OPTION TO WAIVE REQUIREMENT ing ‘‘the 12-month period beginning on the and offer information about what (if any) FOR 3 MONTHS PREVIOUS RECEIPT OF MEDICAL date’’. further information, documentation, or ASSISTANCE.—A State may, at its option, other steps are needed to complete such ap- (2) TITLE XXI.—Section 2102(b)(2) of such elect also to apply subparagraph (A) in the plication process; Act (42 U.S.C. 1397bb(b)(2)) is amended by case of a family that had applied for and was adding at the end the following: ‘‘Such meth- ‘‘(iii) offer assistance in completing such eligible for such aid for fewer than 3 months ods shall provide 12-months continuous eligi- application process; and during the 6 immediately preceding months bility for children under this title in the ‘‘(iv) promptly transmit the separate appli- described in such subparagraph.’’. same manner that section 1902(e)(12) provides cation under this title or the information ob- (3) PERMITTING INCREASE OR WAIVER OF 185 12-months continuous eligibility for children tained through such application, and all PERCENT OF POVERTY EARNING LIMIT.—Section described in such section under title XIX. If other relevant information and documenta- 1925(b)(3)(A)(iii)(III) of the Social Security a State has elected to apply section tion, including the results of the screening Act (42 U.S.C. 1396r–6(b)(3)(A)(iii)(III)) is 1902(e)(12) to parents, such methods may pro- process, to the State agency under title XIX amended— vide 12-months continuous eligibility for for a final determination on eligibility under (A) by inserting ‘‘(at its option)’’ after parents under this title in the same manner such title. that such section provides 12-months contin- ‘‘the State’’; and ‘‘(C) Applicants are notified in writing of— uous eligibility for parents described in such (B) by inserting ‘‘(or such higher percent ‘‘(i) benefits (including restrictions on section under title XIX.’’. as the State may specify)’’ after ‘‘185 per- cost-sharing) under title XIX; and cent’’. (3) EFFECTIVE DATE.— ‘‘(ii) eligibility rules that prohibit children (4) EXEMPTION FOR STATES COVERING NEEDY (A) IN GENERAL.—The amendments made who have been screened eligible for medical by this subsection shall take effect on Octo- FAMILIES UP TO 185 PERCENT OF POVERTY.— assistance under such title from being en- ber 1, 2001 (or, if later, 60 days after the date Section 1925 of the Social Security Act (42 rolled under this title, other than provi- of the enactment of this Act), whether or not U.S.C. 1396r–6), as amended by subsection (a), sional temporary enrollment while a final regulations implementing such amendments is amended— eligibility determination is being made have been issued. (A) in each of subsections (a)(1) and (b)(1), under such title. SEC. 8. IMPROVING WELFARE-TO-WORK TRANSI- by inserting ‘‘but subject to subsection (f),’’ ‘‘(D) If the agency administering this title TION UNDER THE MEDICAID PRO- after ‘‘Notwithstanding any other provision is different from the agency administering a GRAM. of this title,’’; and State plan under title XIX, such agencies (a) MAKING PROVISION PERMANENT.— (B) by adding at the end the following: shall coordinate the screening and enroll- (1) IN GENERAL.—Subsection (f) of section ‘‘(f) EXEMPTION FOR STATE COVERING NEEDY ment of applicants for such coverage under 1925 of the Social Security Act (42 U.S.C. FAMILIES UPTO185 PERCENT OF POVERTY.— both titles. 1396r–6) is repealed. ‘‘(1) IN GENERAL.—At State option, the pro- ‘‘(E) The coordination procedures estab- (2) CONFORMING AMENDMENT.—Section visions of this section shall not apply to a lished between the program under this title 1902(e)(1) of the Social Security Act (42 State that uses the authority under section and under title XIX shall apply not only to U.S.C. 1396a(e)(1)) is repealed. 1902(a)(10)(A)(ii)(XIX), section 1931(b)(2)(C), the initial eligibility determination of a (b) STATE OPTION OF INITIAL 12-MONTH ELI- or otherwise to make medical assistance family but also to any renewals or redeter- GIBILITY.—Section 1925 of the Social Security available under the State plan under this minations of such eligibility.’’. Act (42 U.S.C. 1396r–6) is amended— title to eligible individuals described in sec- (3) EFFECTIVE DATE.—The amendments (1) in subsection (a), by adding at the end tion 1902(k)(1), or all individuals described in made by paragraphs (1) and (2) apply to indi- the following: section 1931(b)(1), and who are in families viduals who lose eligibility under the med- ‘‘(5) OPTION OF 12-MONTH INITIAL ELIGIBILITY with gross incomes (determined without re- icaid program under title XIX, or under a PERIOD.—A State may elect to treat any ref- gard to work-related child care expenses of State child health insurance plan under title erence in this subsection to a 6-month period such individuals) at or below 185 percent of XXI, respectively, of the Social Security Act (or 6 months) as a reference to a 12-month the income official poverty line (as defined on or after October 1, 2001 (or, if later, 60 period (or 12 months). In the case of such an by the Office of Management and Budget, days after the date of the enactment of this election, subsection (b) shall not apply.’’; and revised annually in accordance with sec- Act), whether or not regulations imple- and tion 673(2) of the Omnibus Budget Reconcili- menting such amendments have been issued. (2) in subsection (b)(1), by inserting ‘‘and ation Act of 1981) applicable to a family of (d) PROVISION OF MEDICAID AND CHIP AP- subsection (a)(5)’’ after ‘‘paragraph (3)’’. the size involved. PLICATIONS AND INFORMATION UNDER THE (c) SIMPLIFICATION.— ‘‘(2) APPLICATION TO OTHER PROVISIONS OF SCHOOL LUNCH PROGRAM.—Section 9(b)(2)(B) (1) REMOVAL OF ADMINISTRATIVE REPORTING THIS TITLE.—The State plan of a State de- of the Richard B. Russell National School REQUIREMENTS FOR ADDITIONAL 6-MONTH EX- scribed in paragraph (1) shall be deemed to Lunch Act (42 U.S.C. 1758(b)(2)(B)) is TENSION.—Section 1925(b)(2) of the Social Se- meet the requirements of section amended— curity Act (42 U.S.C. 1396r–6(b)(2)) is 1902(a)(10)(A)(i)(I).’’. (1) by striking ‘‘(B) Applications’’ and in- amended— (d) EFFECTIVE DATE.—The amendments serting ‘‘(B)(i) Applications’’; and (A) by striking subparagraph (B); made by this section take effect on October (2) by adding at the end the following: (B) in subparagraph (A)(i)— 1, 2001, whether or not regulations imple- ‘‘(ii)(I) Applications for free and reduced (i) in the heading, by striking ‘‘AND RE- menting such amendments have been issued. price lunches that are distributed pursuant QUIREMENTS’’; SEC. 9. ELIMINATION OF 100 HOUR RULE AND to clause (i) to parents or guardians of chil- (ii) by striking ‘‘(I)’’ and all that follows OTHER AFDC-RELATED ELIGIBILITY dren in attendance at schools participating through ‘‘(II)’’ and inserting ‘‘(i)’’; RESTRICTIONS. in the school lunch program under this Act (iii) by striking ‘‘, and (III)’’ and inserting (a) IN GENERAL.—Section 1931(b)(1)(A)(ii) of shall also contain information on the avail- ‘‘and (ii)’’; the Social Security Act (42 U.S.C. 1396u– July 25, 2001 CONGRESSIONAL RECORD — SENATE S8229 1(b)(1)(A)(ii)) is amended by inserting ‘‘other care benefits with respect to such individ- (B) by adding at the end the following: than the requirement that the child be de- uals. ‘‘(F) Section 1902(a)(67) (relating to prohi- prived of parental support or care by reason (d) EVALUATION.—The Secretary shall enter bition of affiliation with debarred individ- of the death, continued absence from the into a contract with an appropriate entity uals).’’. home, incapacity, or unemployment of a par- outside the Department of Health and (c) EFFECTIVE DATE.—The amendments ent,’’ after ‘‘section 407(a),’’. Human Services to conduct an overall eval- made by this section shall apply to expendi- (b) CONFORMING AMENDMENT.—Section uation of the program at the end of the pro- tures made on or after October 1, 2001, 1905(a) of the Social Security Act (42 U.S.C. gram period. Such evaluation shall include whether or not regulations implementing 1396d(a)) is amended, in the matter before an analysis of improvements in access, costs, such amendments have been issued. paragraph (1), in clause (ii), by striking ‘‘if quality of care, or choice of coverage, under different demonstration grants. SEC. 12. INCREASE IN CHIP ALLOTMENT FOR such child is (or would, if needy, be) a de- EACH OF FISCAL YEARS 2002 (e) OPTION TO PROVIDE FOR INITIAL PLAN- pendent child under part A of title IV’’. THROUGH 2004. (c) EFFECTIVE DATE.—The amendments NING GRANTS.—Notwithstanding the previous Paragraphs (5), (6), and (7) of section 2104(a) made by this section apply to eligibility de- provisions of this section, under the program of the Social Security Act (42 U.S.C. terminations made on or after October 1, the Secretary may provide for a portion of 1397dd(a)) are amended by striking 2001, whether or not regulations imple- the amounts appropriated under subsection ‘‘$3,150,000,000’’ each place it appears and in- menting such amendments have been issued. (f) (not to exceed $5,000,000) to be made avail- serting ‘‘$4,150,000,000’’. SEC. 10. STATE GRANT PROGRAM FOR MARKET able to any State for initial planning grants INNOVATION. to permit States to develop demonstration SEC. 13. DEMONSTRATION PROGRAMS TO IM- (a) IN GENERAL.—The Secretary of Health grant proposals under the previous provi- PROVE MEDICAID AND CHIP OUT- and Human Services (in this section referred sions of this section. REACH TO HOMELESS INDIVIDUALS AND FAMILIES. to as the ‘‘Secretary’’) shall establish a pro- (f) AUTHORIZATION OF APPROPRIATIONS.— gram (in this section referred to as the ‘‘pro- There are authorized to be appropriated (a) AUTHORITY.—The Secretary of Health gram’’) to award demonstration grants under $100,000,000 for each fiscal year to carry out and Human Services may award demonstra- this section to States to allow States to this section. Amounts appropriated under tion grants to not more than 7 States (or demonstrate the effectiveness of innovative this subsection shall remain available until other qualified entities) to conduct innova- ways to increase access to health insurance expended. tive programs that are designed to improve through market reforms and other innova- (g) STATE DEFINED.—In this section, the outreach to homeless individuals and fami- term ‘‘State’’ has the meaning given such tive means. Such innovative means may in- lies under the programs described in sub- term for purposes of title XIX of the Social clude any of the following: section (b) with respect to enrollment of Security Act (42 U.S.C. 1396 et seq.). (1) Alternative group purchasing or pooling such individuals and families under such pro- arrangements, such as purchasing coopera- SEC. 11. LIMITATIONS ON CONFLICTS OF INTER- grams and the provision of services (and co- EST. tives for small businesses, reinsurance pools, ordinating the provision of such services) (a) LIMITATION ON CONFLICTS OF INTEREST or high risk pools. under such programs. IN MARKETING ACTIVITIES.— (2) Individual or small group market re- (b) PROGRAMS FOR HOMELESS DESCRIBED.— (1) TITLE XXI.—Section 2105(c) of the Social forms. The programs described in this subsection Security Act (42 U.S.C. 300aa–5(c)) is amend- are as follows: (3) Consumer education and outreach. ed by adding at the end the following: (4) Subsidies to individuals, employers, or (1) MEDICAID.—The program under title ‘‘(8) LIMITATION ON EXPENDITURES FOR MAR- XIX of the Social Security Act (42 U.S.C. 1396 both, in obtaining health insurance. KETING ACTIVITIES.—Amounts expended by a (b) SCOPE; DURATION.—The program shall et seq.). State for the use of an administrative vendor (2) CHIP.—The program under title XXI of be limited to not more than 10 States and to in marketing health benefits coverage to a total period of 5 years, beginning on the the Social Security Act (42 U.S.C. 1397aa et low-income children under this title shall seq.). date the first demonstration grant is made. not be considered, for purposes of subsection (c) CONDITIONS FOR DEMONSTRATION (3) TANF.—The program under part of A of (a)(2)(D), to be reasonable costs to admin- GRANTS.— title IV of the Social Security Act (42 U.S.C. ister the plan unless the following conditions (1) IN GENERAL.—The Secretary may not 601 et seq.). are met with respect to the vendor: provide for a demonstration grant to a State (4) SAMHSA BLOCK GRANTS.—The program ‘‘(A) The vendor is independent of any enti- of grants under part B of title XIX of the under the program unless the Secretary finds ty offering the coverage in the same area of Public Health Service Act (42 U.S.C. 300x–1 et that under the proposed demonstration the State in which the vendor is conducting seq.). grant— marketing activities. (5) FOOD STAMP PROGRAM.—The program (A) the State will provide for demonstrated ‘‘(B) No person who is an owner, employee, under the Food Stamp Act of 1977 (7 U.S.C. increase of access for some portion of the ex- consultant, or has a contract with the ven- 2011 et seq.). isting uninsured population through a mar- dor either has any direct or indirect finan- ket innovation (other than merely through a cial interest with such an entity or has been (6) WORKFORCE INVESTMENT ACT.—The pro- financial expansion of a program initiated excluded from participation in the program gram under the Workforce Investment Act of before the date of the enactment of this Act); under this title or title XVIII or XIX or 1999 (29 U.S.C. 2801 et seq.). (B) the State will comply with applicable debarred by any Federal agency, or subject (7) WELFARE-TO-WORK.—The welfare-to- Federal laws; to a civil money penalty under this Act.’’. work program under section 403(a)(5) of the (C) the State will not discriminate among (b) PROHIBITION OF AFFILIATION WITH Social Security Act (42 U.S.C. 603(a)(5)). participants on the basis of any health sta- DEBARRED INDIVIDUALS.— (8) OTHER PROGRAMS.—Other public and pri- tus-related factor (as defined in section (1) MEDICAID.—Section 1903(i) of the Social vate benefit programs that serve low-income 2791(d)(9) of the Public Health Service Act (42 Security Act (42 U.S.C. 1396b(i))is amended— individuals. U.S.C. 300gg–91(d)(9)), except to the extent a (A) by striking the period at the end of (c) APPROPRIATIONS.—For the purposes of State wishes to focus on populations that paragraph (20) and inserting ‘‘; or’’; and carrying out this section, there is appro- otherwise would not obtain health insurance (B) by inserting after paragraph (20) the priated for fiscal year 2002, out of any funds because of such factors; and following: in the Treasury not otherwise appropriated, (D) the State will provide for such evalua- ‘‘(21) with respect to any amounts ex- $10,000,000, to remain available until ex- tion, in coordination with the evaluation re- pended for an entity that receives payments pended. quired under subsection (d), as the Secretary under the plan unless— SEC. 14. TECHNICAL AND CONFORMING AMEND- may specify. ‘‘(A) no person with an ownership or con- MENTS TO AUTHORITY TO PAY MED- (2) APPLICATION.—The Secretary shall not trol interest (as defined in section 1124(a)(3)) ICAID EXPANSION COSTS FROM provide a demonstration grant under the in the entity is a person that is debarred, TITLE XXI APPROPRIATION. program to a State unless— suspended, or otherwise excluded from par- (a) AUTHORITY TO PAY MEDICAID EXPANSION (A) the State submits to the Secretary ticipating in procurement or non-procure- COSTS FROM TITLE XXI APPROPRIATION.— such an application, in such a form and man- ment activities under the Federal Acquisi- Section 2105(a) of the Social Security Act (42 ner, as the Secretary specifies; tion Regulation; and U.S.C. 1397ee(a)) is amended to read as fol- (B) the application includes information ‘‘(B) such entity has not entered into an lows: regarding how the demonstration grant will employment, consulting, or other agreement ‘‘(a) ALLOWABLE EXPENDITURES.— address issues such as governance, targeted for the provision of items or services that ‘‘(1) IN GENERAL.—Subject to the suc- population, expected cost, and the continu- are material to such entity’s obligations ceeding provisions of this section, the Sec- ation after the completion of the demonstra- under the plan with a person described in retary shall pay to each State with a plan tion grant period; and subparagraph (A).’’. approved under this title, from its allotment (C) the Secretary determines that the dem- (2) TITLE XXI.—Section 2107(e)(1) of the So- under section 2104, an amount for each quar- onstration grant will be used consistent with cial Security Act (42 U.S.C. 1397gg(e)(1)), as ter equal to the enhanced FMAP of the fol- this section. amended by sections 5(b) and 7(b)(3), is fur- lowing expenditures in the quarter: (3) FOCUS.—A demonstration grant pro- ther amended— ‘‘(A) CHILD HEALTH ASSISTANCE UNDER MED- posal under this section need not cover all (A) in subparagraph (B), by striking ‘‘and ICAID.—Expenditures for child health assist- uninsured individuals in a State or all health (17)’’ and inserting ‘‘(17), and (21)’’; and ance under the plan for targeted low-income S8230 CONGRESSIONAL RECORD — SENATE July 25, 2001 children in the form of providing medical as- (1) by redesignating subparagraphs (A) and ‘‘(I) to represent themselves or have rep- sistance for expenditures described in the (B) as clauses (i) and (ii) and indenting ap- resentatives of their choosing in the review fourth sentence of section 1905(b). propriately; process; ‘‘(B) RESERVED.—[reserved]. (2) by designating the matter beginning ‘‘(II) timely review their files and other ap- ‘‘(C) CHILD HEALTH ASSISTANCE UNDER THIS with ‘‘Payment may be made’’ as a subpara- plicable information relevant to the review TITLE.—Expenditures for child health assist- graph (A) with the heading ‘‘IN GENERAL’’ of the decision; and ance under the plan for targeted low-income and indenting appropriately; and ‘‘(III) fully participate in the review proc- children in the form of providing health ben- (3) by adding at the end the following new ess, whether the review is conducted in per- efits coverage that meets the requirements subparagraphs: son or in writing, including by presenting of section 2103. ‘‘(B) APPLICATION OF REQUIREMENTS.—In supplemental information during the review ‘‘(D) ASSISTANCE AND ADMINISTRATIVE EX- carrying out subparagraph (A)— process.’’. PENDITURES SUBJECT TO LIMIT.—Expenditures ‘‘(i) the Secretary shall not require a min- (d) EFFECTIVE DATE.—The amendments only to the extent permitted consistent with imum employer contribution level that is made by this section apply as of October 1, subsection (c)— separate from the requirement of cost-effec- 2001, whether or not regulations imple- ‘‘(i) for other child health assistance for tiveness under subparagraph (A)(i), but a menting such amendments have been issued. targeted low-income children; State shall identify a reasonable minimum ‘‘(ii) for expenditures for health services employer contribution level that is based on NATIONAL WOMEN’S LAW CENTER, initiatives under the plan for improving the data demonstrating that such a level is rep- Washington, DC, July 24, 2001. health of children (including targeted low-in- resentative to the employer-sponsored insur- Hon. EDWARD M. KENNEDY, come children and other low-income chil- ance market in the State and shall monitor Hon. OLYMPIA SNOWE, dren); employer contribution levels over time to U.S. Senate, Washington, DC. DEAR SENATORS KENNEDY AND SNOWE: We ‘‘(iii) for expenditures for outreach activi- determine whether substitution is occurring would like to thank you for your leadership ties as provided in section 2102(c)(1) under and report the findings in annual reports in introducing the ‘‘FamilyCare Act of 2001,’’ the plan; and under section 2108(a); which would allow states to provide health ‘‘(iv) for other reasonable costs incurred by ‘‘(ii) the State shall establish a waiting pe- riod of at least 6 months without group insurance coverage for millions of women. the State to administer the plan. This is such a critical women’s health issue ‘‘(2) ORDER OF PAYMENTS.—Payments under health coverage, but may establish reason- able exceptions to such period and shall not that over one hundred organizations working a subparagraph of paragraph (1) from a on women’s health throughout the nation State’s allotment for expenditures described apply such a waiting period to a child who is provided coverage under a group health plan have endorsed the bill. The list of these orga- in each such subparagraph shall be made on nizations follows: a quarterly basis in the order of such sub- under section 1906; ORGANIZATIONS ADDRESSING WOMEN’S HEALTH paragraph in such paragraph. ‘‘(iii) subject to clause (iv), the State shall provide satisfactory assurances that the THAT ENDORSE THE FAMILYCARE ACT OF 2001 ‘‘(3) NO DUPLICATIVE PAYMENT.—In the case of expenditures for which payment is made minimum benefits and cost-sharing protec- 9to5 National Association of Working Women under paragraph (1), no payment shall be tions established under this title are pro- AFL–CIO made under title XIX.’’. vided, either through the coverage under Abortion Access Project subparagraph (A) or as a supplement to such Abortion Rights Fund of Western Massachu- (b) CONFORMING AMENDMENTS.— coverage; and setts (1) SECTION 1905(u).—Section 1905(u)(1)(B) of ‘‘(iv) coverage under such subparagraph ACCESS/Women’s Health Rights Coalition the Social Security Act (42 U.S.C. shall not be considered to violate clause (iii) African American Women Evolving 1396d(u)(1)(B)) is amended by inserting ‘‘and because it does not comply with require- Alan Guttmacher Institute section 2105(a)(1)’’ after ‘‘subsection (b)’’. ments relating to reviews of health service American Association of University Women (2) SECTION 2105(c).—Section 2105(c)(2)(A) of decisions if the enrollee involved is provided American College of Nurse-Midwives the Social Security Act (42 U.S.C. the option of being provided benefits directly American College of Obstetricians and Gyne- 1397ee(c)(2)(A)) is amended by striking ‘‘sub- under this title. cologists paragraphs (A), (C), and (D) of’’. ‘‘(C) ACCESS TO EXTERNAL REVIEW PROC- American Counseling Association (c) EFFECTIVE DATE.—The amendments ESS.—In carrying out subparagraph (A), if a American Federation of Teachers made by this section shall be effective as if State provides coverage under a group health American Medical Women’s Association included in the enactment of the Balanced plan that does not meet the following exter- American Public Health Association Budget Act of 1997 (Public Law 105–33; 111 nal review requirements, the State must give Americans for Democratic Action Stat. 251), whether or not regulations imple- applicants and enrollees (at initial enroll- Association of Maternal and Child Health menting such amendments have been issued. ment and at each redetermination of eligi- Programs SEC. 15. ADDITIONAL CHIP REVISIONS. bility) the option to obtain health benefits Association of Reproductive Health Profes- coverage other than through that group sionals (a) LIMITING COST-SHARING TO 2.5 PERCENT health plan: Boston Women’s Health Book Collective FOR FAMILIES WITH INCOME BELOW 150 PER- ‘‘(i) The enrollee has an opportunity for ex- California Women’s Law Center CENT OF POVERTY.—Section 2103(e)(3)(A) of ternal review of a— Catholics for a Free Choice the Social Security Act (42 U.S.C. ‘‘(I) delay, denial, reduction, suspension, or Center for Community Change 1397cc(e)(3)(A)) is amended— termination of health services, in whole or in Center for Reproductive Law and Policy (1) by striking ‘‘and’’ at the end of clause part, including a determination about the Center for Women Policy Studies (i); type or level of services; and Central Conference of American Rabbis (2) by striking the period at the end of ‘‘(II) failure to approve, furnish, or provide Child Care Law Center clause (ii) and inserting ‘‘; and’’; and payment for health services in a timely man- Choice USA (3) by adding at the end the following new ner. Church Women United clause: ‘‘(ii) The external review is conducted by Coalition of Labor Union Women ‘‘(iii) total annual aggregate cost-sharing the State or a impartial contractor other Connecticut Association for Human Services described in clauses (i) and (ii) with respect than the contractor responsible for the mat- Connecticut Sexual Assault Crisis Services to all such targeted low-income children in a ter subject to external review. Connecticut Women’s Health Campaign family under this title that exceeds 2.5 per- ‘‘(iii) The external review decision is made Contact Center cent of such family’s income for the year in- on a timely basis in accordance with the FamiliesUSA volved.’’. medical needs of the patient. If the medical Family Planning Advocates of New York (b) REPORTING OF ENROLLMENT DATA.— needs of the patient do not dictate a shorter State (1) QUARTERLY REPORTS.—Section 2107(b)(1) time frame, the review must be completed— Family Violence Prevention Fund of such Act (42 U.S.C. 1397gg(b)(1)) is amend- ‘‘(I) within 90 calendar days of the date of Family Voices ed by adding at the end the following: ‘‘In the request for internal or external review; Feminist Majority quarterly reports on enrollment required or Feminist Women’s Health Center under this paragraph, a State shall include ‘‘(II) within 72 hours if the enrollee’s physi- Florida NOW information on the age, gender, race, eth- cian or plan determines that the deadline Friends of Midwives, CT nicity, service delivery system, and family under subclause (I) could seriously jeop- Hadassah income of individuals enrolled.’’. ardize the enrollee’s life or health or ability Human Rights Campaign (2) ANNUAL REPORTS.—Section to attain, maintain, or regain maximum Human Services Coalition of Dade County 2108(b)(1)(B)(i) of such Act (42 U.S.C. function (except that a State may extend the Jewish Women International 1397hh(b)(1)(B)(i)) is amended by inserting 72-hour deadline by up to 14 days if the en- Jewish Women’s Coalition, Inc. ‘‘primary language of enrollees,’’ after ‘‘fam- rollee requests an extension). Juneau Pro-Choice Coalition ily income,’’. ‘‘(iv) The external review decision shall be Justice for Women Working Group of the Na- (c) EMPLOYER COVERAGE WAIVER in writing. tional Council of Churches CHANGES.—Section 2105(c)(3) of such Act (42 ‘‘(v) Applicants and enrollees have an Lutheran Office for Governmental Affairs, U.S.C. 1397ee(c)(3)) is amended— opportunity— ELCA July 25, 2001 CONGRESSIONAL RECORD — SENATE S8231 McAuley Institute Vice President, Wom- programs to encourage market innovation in Maine Women’s Health Campaign en’s Health and Re- health care insurance. AHA believes these March of Dimes productive Rights. are good first steps toward lowering the Mexican American Legal Defense and Edu- number of the uninsured. cation Fund AMERICAN ACADEMY OF PEDIATRICS, In addition to expanding public programs, Ms. Foundation for Women Washington, DC, July 24, 2001. AHA supports other measures that utilize National Abortion and Reproductive Rights Hon. EDWARD M. KENNEDY, the tax code to make health care insurance Action League U.S. Senate, more affordable for low-income working fam- National Abortion Federation Washington, DC. ilies. Toward that end, AHA also supports National Asian Women’s Health Organiza- DEAR SENATOR KENNEDY: On behalf of the the bipartisan REACH Act drafted by Sen- tion 55,000 members of the American Academy of ators Jeffords, Snowe, Frist, Chafee, Breaux, National Association of Commissions on Pediatrics, I am writing to express the Acad- Lincoln and Carper; and the bipartisan Fair Women emy’s strong support of the Family Care Act Care for the Uninsured Act (S. 683) sponsored National Association of Community Health of 2001. This legislation takes critical steps by Senators Santorum and Torricelli. Both Centers, Inc. to ensure that every child in the United of these bills would establish refundable tax National Association of Nurse Practitioners States has access to affordable quality credits to help low-income families purchase in Women’s Health health care. We are pleased that you and health care insurance. your colleagues have put this measure for- National Association of Public Hospitals and Our nation’s hospitals see every day that ward and we look forward to working with Health Systems the absence of health coverage is a signifi- you in the coming months to ensure that the National Association of Social Workers cant barrier to care, reducing the likelihood bill’s provisions become law. that people will get appropriate preventive, National Black Nurses Association In addition to the important expansion of diagnostic and chronic care. AHA supports National Black Women’s Health Project coverage options under Medicaid and SCHIP, your efforts to help more low-income fami- National Center for Policy Research for including those for pregnant women and im- lies to get the health care coverage they Women and Families migrant children and their families, we need and deserve. We thank you for your National Center on Poverty Law strongly endorse the numerous components leadership and we look forward to working National Center on Women and Aging of the legislation that will make getting en- with you to advance the Family Care Act of National Coalition Against Domestic Vio- rolled, and staying enrolled, in Medicaid and 2001. lence SCHIP simpler for children and families. By Sincerely, National Council of Churches of Christ in the expanding the types of entities that are able RICK POLLACK, USA to perform presumptive eligibility deter- Executive Vice President. National Council of Jewish Women minations, consolidating application and en- National Council of Women’s Organizations rollment procedures and providing for auto- NATIONAL ASSOCIATION OF National Family Planning and Reproductive matic redetermination of eligibility, states CHILDREN’S HOSPITALS, Health Association can ensure that children and families have Alexandria, VA, July 24, 2001. National Health Law Program seamless access to quality care. National Hispanic Council on Aging We appreciate your continued attention to Hon. EDWARD KENNEDY, National Hispanic Medical Association the health care needs of our nation’s chil- Hon. OLYMPIA SNOWE, National Network of Abortion Funds dren. If we can be of assistance in your ef- U.S. Senate, Washington, DC. National Organization for Women forts, please do not hesitate to contact me at DEAR SENATOR KENNEDY AND SENATOR National Partnership for Women and Fami- (202) 347–8600. SNOWE: On behalf of the National Associa- lies Sincerely, tion of Children’s Hospitals (N.A.C.H.), which National Training Center on Domestic and GRAHAM NEWSON, represents over 100 children’s hospitals na- Sexual Violence Director, tionwide, I want to express our strong sup- National Women’s Health Network Department of Federal Affairs. port for your introduction of the National Women’s Law Center ‘‘FamilyCare Act of 2001.’’ National Women’s Political Caucus AMERICAN HOSPITAL ASSOCIATION, As providers of care to all children, regard- New York Affiliate of the National Abortion Washington, DC, July 24, 2001. less of their economic status, children’s hos- and Reproductive Rights Action League Hon. EDWARD M. KENNEDY, pitals devote more than 40% of their patient (NARAL/NY) Chairman, Committee on Health, Education, care to children who rely on Medicaid or are Northwest Connecticut Chapter of the Older Labor, and Pensions, U.S. Senate, Russell uninsured, and more than three-fourths of Women’s League Building, Washington, DC. their patient-care to children with chronic Northwest Women’s Law Center DEAR CHAIRMAN KENNEDY: The American and congenital conditions. These hospitals NOW Legal Defense and Educational Fund Hospital Association (AHA), which rep- have extensive experience in assisting fami- Ohio Empowerment Coalition resents 5,000 hospitals, health care systems, lies to enroll eligible children in Medicaid Oregon Law Center networks, and other providers of care, shares and SCHIP. They are keenly aware of the im- Planned Parenthood Federation of America your goal of expanding access to health care portance of addressing the challenges that Progressive Leadership Alliance of Nevada coverage for the nation’s over 42 million un- states face in enrolling this often hard to Project WISE/Project Inform insured Americans. As you know, eight out reach population of eligible children. Religious Coalition for Reproductive Choice of every 10 uninsured persons lives in a work- In particular, N.A.C.H. appreciates your ef- Religious Network of Equality for Women ing family. Ten million of the uninsured are forts to simplify and coordinate the applica- Service Employees International Union children. The uninsured are concentrated tion process for SCHIP and Medicaid, as well Society for Women’s Health Research disproportionately in low-income families. as to provide new tools for states to use in Texas Council on Family Violence And while health care coverage by itself does identifying and enrolling families. We Union of American Hebrew Congregations not guarantee good health or access to ap- strongly support your provision guaran- Unitarian Universalist Association of propriate health services, the absence of teeing continuous 12-month eligibility for Congregations health care coverage is a major contributor children and parents, which will address one Welfare Law Center to poor health. major problem in assuring coverage for eligi- Welfare Rights Initiative AHA supports an array of legislative pro- ble children. Westchester Coalition for Legal Abortion posals that would expand coverage to low-in- N.A.C.H. also applauds your provisions Wider Opportunities for Women come people, including those that would that continue children’s coverage as the first Women Employed build on current programs such as Medicaid priority of the SCHIP program, including (1) Women Empowered Against Violence, Incor- and the State Children’s Health Insurance requiring states to first cover children up to porated Program (S–CHIP), and those that would use 200% of poverty and eliminating waiting lists Women Leaders Online changes in the tax code to bolster coverage. in the SCHIP program before covering par- Women of Reform Judaism Therefore, AHA strongly supports the objec- ents, and (2) requiring every child who loses Women Work! tive of your bipartisan legislation, the Fam- coverage under Medicaid or SCHIP to be Women’s Emergency Network ily Care Act of 2001, sponsored with Senator automatically screened for other avenues of Women’s International Public Health Net- Snowe. Your legislation embraces, as one op- eligibility and if found eligible, enrolled im- work tion, expanding state options to allow cov- mediately in that program. Working for Equality and Economic Libera- erage of the parents of children covered by N.A.C.H. further supports your legisla- tion S–CHIP. We support provisions that would tion’s provision to give states additional YWCA of the USA improve state options for Medicaid coverage flexibility under SCHIP and Medicaid to Zeta Phi Beta Sorority for children, pregnant women, and those cover legal immigrant children. In states Sincerely, making the transition from welfare to work. with high proportions of uninsured children, MARCIA D. GREENBERGER, Furthermore, we applaud your provisions such as California, Texas and Florida, the Co-President. that would simplify applications, increased federal government’s bar on coverage of REGAN RALPH, outreach activities, and create state grant legal immigrant children helps contribute to S8232 CONGRESSIONAL RECORD — SENATE July 25, 2001 the fact that Hispanic children represent the THE CATHOLIC HEALTH ASSOCIATION, S. 1247. A bill to establish a grant highest rate of uninsured children of all Washington, DC, July 24, 2001. program to promote emotional and so- major racial and ethnic minority groups. Hon. EDWARD M. KENNEDY, cial development and school readiness; Your provision to ensure coverage of legal Russell Senate Office Building, immigrant children would be extremely use- U.S. Senate, Washington, DC. to the Committee on Health, Edu- ful in improving this situation. DEAR SENATOR KENNEDY: On behalf of the cation, Labor, and Pensions. N.A.C.H. greatly appreciates your efforts Catholic Health Association of the United to provide all children with the best possible States (CHA), the national leadership organi- Mr. KENNEDY. Mr. President, I am chance at starting out and staying healthy. zation of more than 2,000 Catholic healthcare proud to introduce the Foundations for We welcome and look forward to working sponsors, systems, facilities, and related or- Learning Act. I want to thank my son, with you to pass the ‘‘FamilyCare Act of ganizations, I write to thank you for your ef- PATRICK for his leadership in devel- forts to expand health coverage for unin- 2001.’’ oping this legislation. This bill is an Sincerely, sured low-income families. CHA shares your LAWRENCE A. MCANDREWS, commitment to the goal of accessible and af- extremely important piece of legisla- President and CEO. fordable care for all, and we strongly support tion that addresses the whole child’s the ‘‘Family Care Act of 2001’’ as an impor- early development. tant step toward that goal. MARCH OF DIMES, The ‘‘Family Care Act of 2001’’ would allow There is no question that healthy Washington, DC, July 24, 2001. states to extend Medicaid and State Chil- emotional and social development are Hon. EDWARD KENNEDY, dren’s Health Insurance Program (SCHIP) U.S. Senate, Washington, DC. coverage to parents of children already eligi- critical to school success. The develop- DEAR SENATOR KENNEDY: On behalf of more ble for these programs. Most of these individ- ment of curiosity, self-direction, the than 3 million volunteers and 1600 staff mem- uals are working but do not have incomes ability to cooperate with peers and to bers of the March of Dimes, I want to com- sufficient to afford the high cost of private exhibit self-control are essential before mend you for introducing the ‘‘Family Care insurance. Family Care is a cost-effective Act of 2001.’’ The March of Dimes is com- way to address this problem. Not only would a child can be ready to learn. Children mitted to increasing access to appropriate it reduce the number of uninsured parents whose lives are threatened by socio- and affordable health care for women, in- but it would also improve enrollment of un- economic disadvantage, violence, fam- fants and children and supports the targeted insured low-income children in Medicaid and ily disruption and diagnosed disabil- approach to expanding the State Children’s SCHIP at a time when more than 10 million Health Insurance Program contained in the children still do not have health coverage. ities are at a severe disadvantage in Family Care proposal. While a number of states have already initi- the classroom. There is no question The ‘‘Family Care Act of 2001’’ contains a ated efforts to expand SCHIP to parents and these children cannot perform at their number of beneficial provisions that would to eliminate enrollment barriers, much more highest academic potential. expand and improve SCHIP. The March of needs to be done. Moreover, the additional Dimes strongly supports giving states the funding called for in your bill is essential if While we are all concerned about option to cover low-income pregnant women states are to proceed with the assurance of reading readiness and children’s readi- in Medicaid and SCHIP programs with an en- federal support for their coverage expansion ness to learn, we cannot ignore the un- hanced matching rate. We understand that efforts. Family Care would allow states to cover un- We are also pleased that your bill would derlying factors that enable them to insured parents of children enrolled in Med- address gaps in Medicaid and SCHIP cov- learn. We know that children cannot icaid and SCHIP as well as uninsured first- erage for pregnant women and legal immi- learn when they are hungry or sleepy, grants. time pregnant women. SCHIP is the only but rarely do we stop to think about major federally-funded program that denies Catholic hospitals and healthcare systems coverage to pregnant women while providing provide inpatient and outpatient care in 48 their emotional ability to learn. Chil- coverage to their infants and children. We states and more than 360 local areas. Every dren who are angry, afraid or cannot know prenatal care improves birth out- day we see the impact that lack of health in- surance has on families’ access to coordi- control their own emotions, or have no comes. Expanding health insurance coverage sense of self-direction, and ability to for low-income pregnant women has bipar- nated and high-quality health care. With a substantial federal surplus, Congress and the tisan support in both the House and Senate. resolve conflicts with peers are not The March of Dimes also supports Family administration simply must make address- ready to learn either. ing this problem a national priority. We ap- Care provisions to require automatic enroll- Last month, a national study re- ment of children born to SCHIP parents; plaud your leadership in introducing the automatic screening of every child who loses ‘‘Family Care Act of 2001’’ and look forward ported that children who receive more to working with you and your colleagues to coverage under Medicaid or SCHIP to deter- than 30 hours per week of non-parental advance this important bill. mine eligibility for other health programs; child care exhibit higher levels of ag- and distribution of information on the avail- Sincerely, Rev. MICHAEL D. PLACE, STD, gressive behavior than those who spend ability of Medicaid and SCHIP through the less than 10 hours per week in com- school lunch program. The March of Dimes President and CEO. also supports giving states the option to pro- parable settings. The study called na- CHILDRENS DEFENSE FUND, vide Medicaid and SCHIP benefits to chil- tional attention to the quality of child Washington, DC, July 24, 2001. dren and pregnant women who arrived le- Hon. EDWARD M. KENNEDY, care that parents entrust the care of gally to the United States after August 23, their young children to. It also rekin- 1996, and to people ages 19 and 20. The Na- U.S. Senate, Russell Senate Office Building, tional Governors Association recently en- Washington, DC. dled the Nation’s interest in the early DEAR SENATOR KENNEDY: We are taking years and how these years contribute dorsed this proposal as part of its legislation this opportunity to thank you for your work policy platform. on the FamilyCare Act and your intention to to a young children’s development. As Finally, we commend you for raising issues introduce the bill in the current Congress. we debate investments in early care such as the elimination of assets tests in This proposal has the strong support of the Medicaid and CHIP for parents and children and education, we must not underesti- Children’s Defense Fund because it provides mate the need to look at the social and as well as providing for guaranteed contin- and strengthens health care coverage for un- uous 12-month eligibility for parents and insured children and their parents. Building emotional readiness of the child that children enrolled in Medicaid and CHIP. on the successes of Medicaid and the Chil- leads to later academic readiness. While controversial, we hope states would dren’s Health Insurance Program (CHIP), Studies are showing that increasing voluntarily adopt these provisions which this legislation will increase coverage for un- would provide the kind of continuity that is insured children, provide funding for health numbers of children are unprepared to so important for keeping families insured. insurance coverage for the uninsured parents cope with the demand of school, not be- We thank you for your leadership in intro- of Medicaid and CHIP-eligible children, and cause they lack the academic tools, but ducing the ‘‘Family Care Act of 2001’’ and are simplify the enrollment process for Medicaid eager to work with you to achieve approval because they lack the social skills and and CHIP to make the programs more family emotional self-regulation necessary to of this much needed legislation. friendly. Sincerely, We look forward to working with you for succeed. In a survey of kindergarten ANNA ELEANOR ROOSEVELT, passage of the FamilyCare Act by the Con- teachers, 46 percent said that at least Vice Chair, Board of gress. half of their class had difficulty fol- Trustees; Chair, Na- Sincerely, lowing directions, 34 percent reported tional Public Affairs GREGG, HAIFLEY, Committee. Deputy Director Health Division. half of the class or more had difficulty Dr. JENNIFER L. HOWSE, working as part of a group, and 20 per- President. By Mr. KENNEDY: cent said at least half of the class had July 25, 2001 CONGRESSIONAL RECORD — SENATE S8233 problems with social skills. Is it a sur- resources to support the development used to help alleviate the current hous- prise that children who cannot follow of a healthy whole child. ing crisis. According to current projec- simple directions and get along with I hope that my colleagues will join tions, approximately $5.7 billion will be their peers cannot learn to read? me in supporting and pushing this im- available for the Trust Fund in the According to the latest data, 61 per- portant legislation. first year and $2 billion will be avail- cent of children under age 4 are in reg- able each year thereafter. ularly scheduled child care. With such By Mr. KERRY (for himself, Mr. The need for affordable housing is a high percentage of our youngest chil- CHAFEE, Mr. REED, Mr. JEF- great. While many Americans have dren in child care and with such cer- FORDS, Mr. SARBANES, Mr. benefitted from the growing economy tainty as we have that early care and LEAHY, Mr. WELLSTONE, Mr. over the past decade, it has also fueled education has a long-lasting if not per- DAYTON, Mrs. FEINSTEIN, Mr. a dramatic increase in the cost of hous- manent impact on an individual’s so- LEVIN, Mr. SCHUMER, Mr. DUR- ing. Many working families have been cial and academic development, we BIN, Ms. STABENOW, Mrs. BOXER, unable to keep up with these increases. cannot deny the necessity of ensuring Mr. KENNEDY, Mr. CORZINE, and HUD estimates that more than five that those providers are equipped to Mr. DODD): million American households have work with all of our children including S. 1248. A bill to establish a National what is considered ‘‘worst case’’ hous- those with emotional and behavioral Housing Trust Fund in the Treasury of ing needs. Many of these families are problems. the United States to provide for the de- spending more than half their income Neither can we deny that the most velopment of decent, safe, and afford- for housing or are living in severely important relationship in a child’s life able, housing for low-income families, substandard housing. Since 1990, the is the one with his or her parents. It is and for other purposes; to the Com- number of families who have ‘‘worst absolutely essential to the child’s fu- mittee on Banking, Housing, and case’’ housing needs has increased by 12 ture success that the parent-child rela- Urban Affairs. percent, that’s 600,000 more American tionship be as healthy as possible. Mr. KERRY. Mr. President, our Na- families that cannot afford a decent Without a close, dependable relation- tion is facing an affordable housing cri- and safe place to live. Recent growth in our economy also has squeezed many ship with a healthy and responsible sis. Recent changes in the housing working families out of tight housing adult, a child’s potential for growth market have limited the availability of markets across the country. On aver- could be severely and permanently im- affordable housing across the country age, a person needs to earn more than paired. We must provide high quality while the growth in our economy in the $11 per hour just to afford the median education and support not only for last decade has dramatically increased the cost of housing that remains. That rent on a two-bedroom apartment in children but also for their parents. the United States. There is not one The goal of this legislation is to en- is why, along with sixteen cosponsors, I metropolitan area in the country able all children to enter school ready am proposing to address the severe shortage of affordable housing by in- where a minimum wage earner can af- to learn by focusing on the social and ford to pay the rent for a two-bedroom troducing legislation that will estab- emotional development of children apartment. This hourly figure is dra- lish a National Affordable Housing ages 0–5. The bill would accomplish matically higher in many metropolitan Trust Fund. this by: providing family support ini- areas, an hourly wage of $22 is needed The Affordable Housing Trust Fund tiatives such as parent training and in San Francisco; $21 on Long Island; that is established in this legislation home visitation to provide intensive $17 in Boston; $16 in the D.C. area; $14 would create an affordable housing pro- early interventions to families of at- in Seattle and Chicago; and, $13 in At- risk children; providing consultations duction program, ensuring that new lanta. and professional development opportu- rental units are built for those who Mikala Bembery is a single mother nities for child care workers and hiring most need assistance extremely low-in- with two boys who now lives in Fra- of behavioral specialists by early child- come families, including working fami- mingham, MA. Her family’s housing hood service providers and the develop- lies. The goal is to create long-term af- story is not unique for many low-and ment of curriculum for use in early fordable, mixed-income developments moderate income families in Massachu- childhood settings; providing early in areas with the greatest opportuni- setts and across the nation. In 1995, intervention services to at-risk chil- ties for low-income families. Seventy- Mikala lost her full-time job and could dren to promote their emotional and five percent of Trust Fund assistance not make the rent on the fair market social development; and by developing will be given out, based on need, apartment in which she and her chil- community resources and linkages be- through matching grants to states. The dren lived. While she quickly got a tween early childhood service providers States will allocate funds on a com- part-time job, for the next two years, to enhance the quality of services to petitive basis to projects that meet the Bembery family was forced to live children. Federal requirements, such as mixed- with friends or in rooming houses be- This bill will help communities lay income projects and long-term afford- cause they did not initially qualify for the foundation for school readiness by ability, and to address local needs. The either a shelter or a Federal Section 8 providing funding to integrate emo- remainder of the funding will be com- subsidy. Finally, after appealing HUD’s tional and social development support petitively awarded by the Department decision and months of delay, Mikala services into early childhood programs of Housing and Urban Development, was given a Section 8 voucher for her and strengthening the capacity of par- HUD, to intermediaries such as the En- family. You would think that obtain- ents to constructively manage behav- terprise Foundation, which will be re- ing a Section 8 voucher would allow ior problems. quired to leverage private funds. A por- the Bembery family to find affordable Study after study had shown that tion of the Trust Fund will be used to housing. However, because there is a intervention can work to increase the promote home ownership activities for dramatic shortage of affordable hous- quality of early care and educational low-income Americans. ing in Massachusetts, it took several experiences that children receive. Funding for the Trust Fund would be months of searching to find a new Study after study has shown that fi- drawn from excess revenue generated apartment for her family. Every avail- nancial resources are essential to im- by the Federal Housing Administration able apartment was viewed by hun- proving quality of early care and edu- and Government National Mortgage dreds of people and landlords were able cation. Study after study has shown Administration beyond the amounts to pick and choose whom they wanted. that investments in young children can necessary to ensure their safety and Because of Mikala’s strong work his- save costs of adolescents’ incarceration soundness. These Federal housing pro- tory, she and her family were finally tomorrow. Investing in young children grams generate billions of dollars in able to move into a new apartment two is well worth the investment. If we’re excess income, which currently go to years after she lost her full time job. serious about adequately preparing our the general Treasury for use on other Although, Mikala kept working and children for school and for life, we Federal priorities. It is time to stop her children stayed in school through- must provide communities, families, taking housing money out of housing out their ordeal, this family is still child care providers with the necessary programs. These excess funds should be struggling to rebuild their lives. S8234 CONGRESSIONAL RECORD — SENATE July 25, 2001 Working families in this country are $20 billion from federal housing pro- affordable housing stock. It is my hope increasingly finding themselves unable grams for other uses. that this legislation will be taken up to afford housing. A person trying to This year, many Republicans in the and passed this Congress so that we can live in Boston would have to make Congress and the Bush Administration avoid losing any more affordable units. more than $35,000, annually, just to af- have supported more than $2 billion in However, we must also focus on pro- ford a 2-bedroom apartment. This additional cuts for the Department of ducing additional housing, which is ex- means teachers, janitors, social work- Housing and Urban Development budg- actly what this Housing Trust Fund ers, police officers and other full time et. These cuts include terminating the will do. workers may have trouble affording Drug Elimination Program, reducing I urge you to support this legislation even a modest 2-bedroom apartment. funding for the Community Develop- which restores our commitment to pro- At the same time, there has been a ment Block Grant, and funds incre- viding affordable housing for all fami- tremendous decline in the available mental Section 8 vouchers for 53,500 lies. We can no longer turn our backs stock of affordable housing. Between fewer families. Thankfully, under the on those families who struggle every 1993 and 1995, there was a 900,000 decline leadership of the Democrats in the Sen- day just to put a roof over their heads. in the number of affordable rental ate and Chairman BARBARA MIKULSKI, units available to very low-income the worst of these cuts have been re- Mr. LEAHY. Mr. President, I rise families. From 1996 to 1998, there was stored in the Senate FY 2002 VA–HUD today in support of the National Af- another 19 percent decline in the num- and Independent Agencies Appropria- fordable Housing Trust Fund Act of ber of affordable housing units. This tions bill. Nevertheless, we still have 2001. This is an important piece of leg- amounted to a dramatic reduction of much more work to do. The Common- islation that will help address the lack 1.3 million affordable housing units wealth of Massachusetts is expected to of affordable housing available in our available to low-income Americans. receive a reduction in federal assist- Nation today. Making matters worse, many current ance at a time when my State has the For far too long we have neglected affordable housing providers are decid- greatest need. The future is even our Nation’s stock of affordable hous- ing to opt-out of their Section 8 con- bleaker. These reductions at HUD fol- ing, allowing too many properties to tracts or are prepaying their HUD-in- low the enactment of a tax plan that fall by the wayside. Between 1995 to sured mortgages. These decisions have will make it almost impossible for any 1997 the nation lost 370,000 affordable limited further the availability of af- significant increases in the HUD’s rental units, nearly 5 percent of the fordable housing across the country. budget over the next decade. We need housing available to low-income fami- Many more providers will be able to to bring housing resources back up to lies. These homes were lost to deterio- opt-out of their Section 8 contracts in where they belong and the National Af- ration, demolition, or simply because the next few years, further limiting the fordable Housing Trust Fund will pro- landlords opted out of Federal pro- availability of affordable housing in vide desperately needed funds to begin grams in order to secure more lucra- our nation. This decline has already production of affordable housing in the tive rents. forced many working families eligible United States. Enacting the Housing Unfortunately these units were not for Section 8 vouchers in Boston, Mas- Trust Fund legislation is an important replaced at a pace adequate enough to sachusetts to live outside the City step in the right direction to add re- address the need. Our most vulnerable there is no affordable housing avail- sources to housing and to help begin populations, the low-income, the elder- able. producing housing again. ly, and working families, have been left The loss of affordable housing has ex- We can no longer ignore the lack of with the difficult task of finding an acerbated the housing crisis in this affordable housing, and the impact it is apartment or a house that they can af- country, and the Federal Government having on families and children around ford. Roughly five million households must take action. We have the re- the country. It is not clear to me why in the United States have ‘‘worst case’’ sources, yet we are not devoting these this lack of housing has not caused housing needs. These families are resources to fix the problem. Despite more uproar. How many families need spending over 50 percent of their in- the fact that more families are unable to be pushed out of their homes and comes on rent alone, leaving precious to afford housing, we have decreased into the streets, before action is taken. little to put groceries on the table, gas federal spending on critical housing I believe it is time for our Nation to in their cars, or buy clothes for their programs over time. Between 1978 and take a new path, one that ensures that kids. every American, especially our chil- 1995, the number of households receiv- In my home State of Vermont, the dren, has the opportunity to live in de- ing housing assistance was increased situation is no different. Production of cent and safe housing. Everyone knows by almost three million. From 1978 new housing has stalled, prices for that decent housing, along with neigh- through 1984, we provided an additional rental units have dramatically in- borhood and living environment, play 230,000 families with housing assistance creased, and rental vacancy rates are enormous roles in shaping young lives. each year. This number dropped signifi- at an all time low. The competition for Federal housing assistance, has bene- cantly to 126,000 additional households housing, any housing at all, is so great fitted millions of low-income children each year from 1985 through 1995. that many low and middle-income fam- In 1996, this Nation’s housing policy across the nation and has helped in de- ilies must stay in hotels, school dorms, went all the way back to square one— veloping stable home environments. and homeless shelters until they can not only was there no increase in fami- However, too many children currently find a permanent place. This results in lies receiving housing assistance, but live in families that have substandard a huge personal and emotional loss to the number of assisted units actually housing or are homeless. These chil- the families and drives up the needs for decreased. From 1996 to 1998, the num- dren are less likely to do well in school additional State and Federal social ber of HUD assisted households dropped and less likely to be productive citi- services dollars to help these people in by 51,000. zens. Because of the positive affect their time of crisis. During this time of rising rents, in- that this legislation would have on creased housing costs, and the loss of America’s children, the Trust Fund For those fortunate enough to find affordable housing units, it is incom- was included in the Act to Leave No an apartment available for rent, few prehensible that we are not doing more Child Behind, a comprehensive pro- are able to afford the rent that the to increase the amount of housing as- posal by the Children’s Defense Fund market demands. It is estimated that sistance available to working families. to assist in the development of our Na- the average person would have to earn Unfortunately, President Bush and Re- tion’s children. over $11 dollars per hour to afford a publicans in the Congress have again I also believe that our Nation de- two bedroom apartment at the Fair failed to assist working families in ob- serves a program that would assist in Market Rent. taining decent affordable housing. maintaining the affordable housing While Vermont has a dedicated com- From fiscal year 1995 to fiscal year stock that already exists. I am working munity of State officials, no profit or- 1999, Republicans in control of the Con- with Senator JAMES JEFFORDS in devel- ganizations, advocates and affordable gress diverted or rescinded more than oping legislation to help preserve our housing developers working to ensure July 25, 2001 CONGRESSIONAL RECORD — SENATE S8235 the housing needs of our State’s popu- tragedy of first being abused and then families, but also by employers and the lation are met, the resources are sim- losing a job, health insurance or any nation as a whole. From the perspec- ply not available to construct the num- other means of self sufficiency because tive of employers, a 1999 CNN report ber of units necessary to alleviate the they were abused. found that 37 percent of domestic vio- problem. As a result the number of In response to this cycle of violence lence victims said that domestic vio- homeless families in the state are ris- and dependence, and in response to do- lence impacted their ability to do their ing. mestic and sexual violence’s dev- job and 24 percent said it caused them In Chittenden County, Vermont’s astating impact on a victim’s financial to be late from work. A survey of em- most populous region, the number of independence, this legislation would ployers confirmed this—49 percent of families seeking services from home- help to ensure the economic security of corporate executives said that domes- less shelters has risen 400 percent in victims of domestic violence, sexual as- tic violence harmed their company’s three years, over half of these families sault and stalking so they are better productivity. The Bureau of National are working families, unable to afford able to provide permanent safety for Affairs has estimated that domestic vi- a place to live even while holding down themselves and their children and so olence costs employers between $3 bil- a job. This is a trend we see spreading they are not forced, because of eco- lion and $5 billion in lost time and pro- throughout the state. We cannot allow nomic dependence, to stay in an abu- ductivity each year. Ninety-four per- this to continue. sive relationship. In the fight against cent of corporate security and safety The creation of a National Affordable violence against women, and after the directors at companies nationwide Housing Trust Fund will go a long way passage of the Violence Against Women rank domestic violence as a high secu- to help address this situation. By har- Act of 2000, this legislation is a next, rity concern, and homicide continues nessing revenues generated by other critical step. to be the leading cause of death of The link between poverty and domes- Federal housing programs, States, women in the workplace. The United tic and sexual abuse is clear. For exam- communities and non-profit organiza- States Department of Labor, in 2000 re- ple, according to the United States tions, will be able to leverage local ported that Domestic Violence ac- Conference of Mayors, domestic vio- funds for new housing construction in counted for 27 percent of all incidents lence is the fourth leading cause of of workplace violence. the most needy areas. homelessness. A 2000 study conducted More generally, prior to 1994, the I cannot think of a time in recent by the Manpower Research and Devel- Congress gathered years of testimony history when it has been more impor- opment Corporation of Minnesota’s and evidence as to the negative impact tant to reaffirm the federal govern- welfare program, the Minnesota Fam- of gender violence in the national econ- ment’s commitment to the housing ily Investment Program, showed that omy and found that gender violence needs of this country, and I am proud 49 percent of single-parent long term costs the economy $10 billion per year. to rise as a cosponsor of this bill. There recipients were in abusive relation- Victims need to be able to deal with is a long road ahead of us in our en- ships while they were receiving or had these problems without fear of being deavor to create a National Affordable recently been receiving MFIP benefits. fired and without fear of losing their Housing Trust Fund, and I look for- A 1998 GAO study found that when livelihoods and their children’s liveli- ward to working with my colleagues to compared with women who report hoods. Corporations, too, need to be ensure that the final product is fair never experiencing abuse, women who able to ensure their employee’s safety and equitable to all regions of the report having been abused experience and productivity. That is the goal of country, including rural and small more spells of unemployment; greater this legislation. VESSA would help states. job turnover; and significantly higher break down the economic barriers that I urge my colleagues to join me in rates of receipt of welfare, Medicaid prevent victims from leaving their support of this legislation. and food stamps. batterer or abuser, protect victims Economic dependence is a clear rea- from violence in the workplace and By Mr. WELLSTONE (for him- son people who are in abusive relation- mitigate the negative economic effects self, Mrs. MURRAY, Mr. SCHU- ships may return to abusers or even of violence on employers and on the na- MER, Mr. DODD, Mr. DAYTON, may not be able to leave abusive situa- tional economy. Mrs. CLINTON, and Mr. INOUYE): tions in the first place. Abusers will go The bill would provide emergency S. 1249. A bill to promote the eco- to great lengths to sabotage their part- leave for employees who need to ad- nomic security and safety of victims of ner’s ability to have a job or get an dress the effects of domestic and sexual domestic and sexual violence, and for education so that their partners will assault. That way, if a victim had to go other purposes; to the Committee on remain dependent on them. If we want to court to get a restraining order or Finance. battered women and victims of sexual leave work to find shelter, the victim Mr. WELLSTONE. Mr. President, violence to be able to escape the dan- could take limited leave without facing along with my colleagues, Senators gerous, often life-threatening situa- the prospect of being fired, demoted or MURRAY, SCHUMER, DODD, DAYTON, tions in which they are trapped, they financially penalized. CLINTON and INOUYE, I am introducing need the economic means to do so. Yet, The bill would also extend unemploy- legislation that if adopted would have victims of domestic and sexual vio- ment compensation to people who are a most profound and even life-saving lence face very serious challenges to forced to leave their job to provide for effect on people who are victims of do- self-sufficiency every day. their safety or their children’s safety. mestic and sexual violence and their Multiple studies of domestic violence As mentioned above, homicide is the families. It is called the Victims’ Eco- victims who were working while being leading cause of death for women in nomic Security and Safety Act. Simi- abused found that as many as 60 per- the workplace, 15 percent of these lar to the Battered Women’s Economic cent of respondents said they had been deaths are due to domestic violence, 11 Security and Safety Act, which I intro- reprimanded at work for behaviors re- percent of all rapes occur at the work- duced last session, the legislation ac- lated to the abuse, such as being late place. These grim statistics do not knowledges that the impact of domes- to work, and as many as 52 percent said begin to address the many women that tic and sexual violence extends far be- they had lost their jobs because of the are physically injured or otherwise yond the moment the abuse occurs. It abuse. Almost 50 percent of sexual as- harassed at work each day. Often, the strikes at the heart of victims’ and sault survivors reported they had lost only way to escape that kind of brutal their families’ economic self suffi- their jobs or were forced to quit in the stalking is for a victim to leave her job ciency. As a result, many victims are aftermath of the assaults. A study so she can relocate to a safer place. In unable to provide for their own or their from the National WorkPlace Resource circumstances in which a victim is children’s safety. Too often they are Center on Domestic Violence found forced to leave a job to ensure her own forced to choose between protecting that abusive husbands and partners safety, unemployment compensation themselves from abuse and keeping a harass 74 percent of employed battered should be available to her, so that she roof over their head. This is a choice women at work. does not have to make the terrible that no mother should have to make. The effects of this are felt not only choice of risking her safety to ensure Nor should any person face the double by the victims of such abuse and their her livelihood. S8236 CONGRESSIONAL RECORD — SENATE July 25, 2001 Further, VESSA would prohibit dis- timate partners was 1,082,110. Eighty- SA 1067. Mrs. FEINSTEIN submitted an crimination in employment against seven percent of these were committed amendment intended to be proposed by her victims because of domestic and sexual against women. According to recent to the bill H.R. 2299, supra; which was or- dered to lie on the table. assault. Victims should not be fired or government estimates, more than SA 1068. Mr. LOTT submitted an amend- passed over for promotions for reasons 900,000 women are raped every year in ment intended to be proposed by him to the beyond their control. Maintaining a the United States. Women who are vic- bill H.R. 2299, supra; which was ordered to lie victim’s dependence is the insidious tims of abuse are especially vulnerable on the table. goal of an abuser. The abuser must to changes in employment, pay, and SA 1069. Mr. VOINOVICH submitted an never be rewarded for his crime and a benefits. Because of these factors they amendment intended to be proposed by him victim should never face severe punish- need legal protection. to the bill H.R. 2299, supra; which was or- dered to lie on the table. ment because of being abused. Today, it’s time to take the next step. Our bill will protect victims who SA 1070. Mr. CRAPO (for himself and Mr. The bill would also prohibit insur- CRAIG) submitted an amendment intended to ance providers from discriminating are forced to flee their jobs. Today a be proposed by him to the bill H.R. 2299, against such victims because of a his- woman can receive unemployment supra; which was ordered to lie on the table. tory of domestic and sexual assault. compensation if she leaves her job be- SA 1071. Mr. FITZGERALD (for himself Such discrimination only forces people cause her husband must relocate. But and Mr. INHOFE) submitted an amendment to lie about their victimization and if that same woman must leave her job intended to be proposed by him to the bill avoid medical treatment until it is too because she’s fleeing abuse, she can’t H.R. 2299, supra; which was ordered to lie on receive unemployment compensation. the table. late. It punishes victims for a perpetra- SA 1072. Mr. MCCAIN (for himself and Mr. tor’s crime. That’s wrong, and our bill will protect GRAMM) submitted an amendment intended Finally, the bill recognizes the posi- those victims. to be proposed by him to the bill H.R. 2299, tive role that companies can play in Our bill will also protect victims by supra; which was ordered to lie on the table. helping victims of domestic and sexual allowing them unpaid time to get the SA 1073. Mr. MCCAIN (for himself and Mr. violence at the same time that they help they need. Today, a woman can GRAMM) submitted an amendment intended can increase their own productivity. It use the Family Medical Leave Act, to be proposed by him to the bill H.R. 2299, supra; which was ordered to lie on the table. would provide a tax credit to busi- FMLA, to care for a sick or injured spouse. But a woman cannot use FMLA SA 1074. Mr. MCCAIN (for himself and Mr. nesses that implement workplace safe- GRAMM) submitted an amendment intended ty and education programs to combat leave to go to court to stop abuse. Our to be proposed by him to the bill H.R. 2299, violence against women. bill will correct these fatal flaws. supra; which was ordered to lie on the table. For women attempting to escape a Finally, our bill will protect victims SA 1075. Mr. MCCAIN (for himself and Mr. violent environment, this legislation of domestic violence from insurance GRAMM) submitted an amendment intended could be a lifeline. I urge that all my discrimination. Insurance companies to be proposed by him to the bill H.R. 2299, have classified domestic violence as a supra; which was ordered to lie on the table. colleagues support it so that we can SA 1076. Mr. MCCAIN (for himself and Mr. help ensure that no more women are high risk behavior. That punishes women who are victims. Once again, GRAMM) submitted an amendment intended forced to trade their family’s personal to be proposed by him to the bill H.R. 2299, safety for their economic livelihood. I women must sacrifice their economic supra; which was ordered to lie on the table. urge that my colleagues support it so safety net if they choose to come for- SA 1077. Mr. MCCAIN (for himself and Mr. that no more women have to face the ward and seek help from violence. Title GRAMM) submitted an amendment intended double violation of first being as- IV of VESSA would prohibit discrimi- to be proposed by him to the bill H.R. 2299, supra; which was ordered to lie on the table. saulted and second losing their job or nation in all lines of insurance against victims of domestic violence, stalking SA 1078. Mr. MCCAIN (for himself and Mr. their self-sufficiency because of it. In GRAMM) submitted an amendment intended what seems to many like a hopeless and sexual assault. I am proud of the guidance we’ve re- to be proposed by him to the bill H.R. 2299, situation, we can take very strong ac- supra; which was ordered to lie on the table. ceived from advocates in crafting this tions to improve the safety and the SA 1079. Mr. MCCAIN (for himself and Mr. legislation. I want to thank them for lives of the millions of victims of do- GRAMM) submitted an amendment intended their efforts and their commitment to mestic and sexual violence. The cycle to be proposed by him to the bill H.R. 2299, breaking the cycle of violence. I want supra; which was ordered to lie on the table. too many people face can end. Today to particularly acknowledge the efforts SA 1080. Mr. MCCAIN (for himself and Mr. we have the opportunity not just to of the advocates in Washington State GRAMM) submitted an amendment intended help victims escape violence, but also to be proposed by him to the bill H.R. 2299, who have provided invaluable input in to provide for so many people a light at supra; which was ordered to lie on the table. drafting this legislation. Without the the end of a very dark tunnel. Today SA 1081. Mr. MCCAIN (for himself and Mr. grassroots support for our commu- we can give victims hope that they will GRAMM) submitted an amendment intended nities, we couldn’t have passed VAWA to be proposed by him to the bill H.R. 2299, not only survive, but that they will be in the first place. Their support and supra; which was ordered to lie on the table. able to maintain or regain their inde- leadership will help us take this crit- SA 1082. Mr. MCCAIN (for himself and Mr. pendence and have a safe, happy and ical next step in passing VESSA. GRAMM) submitted an amendment intended productive future. I urge my colleagues to be proposed by him to the bill H.R. 2299, to join me in support of this bill and to f supra; which was ordered to lie on the table. cosponsor this bill. AMENDMENTS SUBMITTED AND SA 1083. Mr. MCCAIN (for himself and Mr. Mrs. MURRAY. Mr. President, I am PROPOSED GRAMM) submitted an amendment intended proud to join with my colleagues, Sen- to be proposed by him to the bill H.R. 2299, SA 1063. Mr. KERRY submitted an amend- supra; which was ordered to lie on the table. ators WELLSTONE and SCHUMER, to in- ment intended to be proposed by him to the SA 1084. Mr. MCCAIN (for himself and Mr. troduce the Victims Economic Safety bill H.R. 2299, making appropriations for the GRAMM) submitted an amendment intended and Security Act, VESSA. VESSA will Department of Transportation and related to be proposed by him to the bill H.R. 2299, help our country take the next step agencies for the fiscal year ending Sep- supra; which was ordered to lie on the table. forward to protest victims of domestic tember 30, 2002, and for other purposes; which SA 1085. Mr. MCCAIN (for himself and Mr. violence. In 1994, our country took a was ordered to lie on the table. GRAMM) submitted an amendment intended dramatic step forward by passing the SA 1064. Mr. GRAHAM proposed an amend- to be proposed by him to the bill H.R. 2299, ment to amendment SA 1025 submitted by supra; which was ordered to lie on the table. historic Violence Against Women Act, Mrs. MURRAY and intended to be proposed to SA 1086. Mr. MCCAIN (for himself and Mr. VAWA. This landmark legislation the bill (H.R. 2299) supra. GRAMM) submitted an amendment intended brought together social service pro- SA 1065. Mr. GRAMM (for himself, Mr. to be proposed by him to the bill H.R. 2299, viders, victim advocates, law enforce- MCCAIN, and Mr. DOMENICI) proposed an supra; which was ordered to lie on the table. ment, and the courts to respond to the amendment to amendment SA 1030 sub- SA 1087. Mr. MCCAIN (for himself and Mr. immediate threat of violence. VAWA mitted by Mrs. MURRAY and intended to be GRAMM) submitted an amendment intended has been a success in meeting the im- proposed to the amendment SA 1025 proposed to be proposed by him to the bill H.R. 2299, by Mrs. MURRAY to the bill (H.R. 2299) supra. supra; which was ordered to lie on the table. mediate challenges. But there is still SA 1066. Mrs. FEINSTEIN submitted an SA 1088. Mr. MCCAIN (for himself and Mr. work to be done. amendment intended to be proposed by her GRAMM) submitted an amendment intended Between 1993 and 1998 the average an- to the bill H.R. 2299, supra; which was or- to be proposed by him to the bill H.R. 2299, nual number of physical attacks on in- dered to lie on the table. supra; which was ordered to lie on the table. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8237

SA 1089. Mr. MCCAIN (for himself and Mr. SA 1111. Mr. MCCAIN (for himself and Mr. SA 1132. Ms. COLLINS submitted an GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended amendment intended to be proposed by her to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. dered to lie on the table. SA 1090. Mr. MCCAIN (for himself and Mr. SA 1112. Mr. MCCAIN (for himself and Mr. SA 1133. Mrs. HUTCHISON submitted an GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended amendment intended to be proposed by her to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. dered to lie on the table. SA 1091. Mr. MCCAIN (for himself and Mr. SA 1113. Mr. MCCAIN (for himself and Mr. SA 1134. Mr. BOND submitted an amend- GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. on the table. SA 1092. Mr. MCCAIN (for himself and Mr. SA 1114. Mr. MCCAIN (for himself and Mr. SA 1135. Mr. SHELBY submitted an amend- GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. on the table. SA 1093. Mr. MCCAIN (for himself and Mr. SA 1115. Mr. MCCAIN (for himself and Mr. SA 1136. Mr. STEVENS submitted an GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended amendment intended to be proposed by him to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. dered to lie on the table. SA 1094. Mr. MCCAIN (for himself and Mr. SA 1116. Mr. MCCAIN (for himself and Mr. SA 1137. Mr. STEVENS submitted an GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended amendment intended to be proposed by him to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. dered to lie on the table. SA 1095. Mr. MCCAIN (for himself and Mr. SA 1117. Mr. MCCAIN (for himself and Mr. SA 1138. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. on the table. SA 1096. Mr. MCCAIN (for himself and Mr. SA 1118. Mr. MCCAIN (for himself and Mr. SA 1139. Mr. GRAMM (for himself, Mr. GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended MCCAIN, and Mr. DOMENICI) submitted an to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, amendment intended to be proposed by him supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. to the bill H.R. 2299, supra; which was or- SA 1097. Mr. MCCAIN (for himself and Mr. SA 1119. Mr. MCCAIN (for himself and Mr. dered to lie on the table. SA 1140. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, ment intended to be proposed by him to the supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. bill H.R. 2299, supra; which was ordered to lie SA 1098. Mr. MCCAIN (for himself and Mr. SA 1120. Mr. MCCAIN (for himself and Mr. on the table. SA 1141. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. on the table. SA 1099. Mr. MCCAIN (for himself and Mr. SA 1121. Mr. MCCAIN (for himself and Mr. SA 1142. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. on the table. SA 1100. Mr. MCCAIN (for himself and Mr. SA 1122. Mr. MCCAIN (for himself and Mr. SA 1143. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended GRAMM) submitted an amendment intended ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. on the table. SA 1101. Mr. MCCAIN submitted an amend- SA 1123. Mr. INHOFE submitted an amend- SA 1144. Mr. GRAMM submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by him to the ment intended to be proposed by him to the bill H.R. 2299, supra; which was ordered to lie bill H.R. 2299, supra; which was ordered to lie bill H.R. 2299, supra; which was ordered to lie on the table. on the table. on the table. SA 1102. Mr. MCCAIN (for himself and Mr. SA 1124. Mr. ALLEN submitted an amend- SA 1145. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended ment intended to be proposed by him to the ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. on the table. on the table. SA 1103. Mr. MCCAIN (for himself and Mr. SA 1125. Mr. ALLEN submitted an amend- SA 1146. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended ment intended to be proposed by him to the ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. on the table. on the table. SA 1104. Mr. MCCAIN (for himself and Mr. SA 1126. Mr. ALLEN submitted an amend- SA 1147. Mr. GRAMM submitted an amend- GRAMM) submitted an amendment intended ment intended to be proposed by him to the ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, bill H.R. 2299, supra; which was ordered to lie bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. on the table. on the table. SA 1105. Mr. MCCAIN (for himself and Mr. SA 1127. Ms. COLLINS submitted an SA 1148. Mr. DOMENICI submitted an GRAMM) submitted an amendment intended amendment intended to be proposed by her amendment intended to be proposed by him to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- to the bill H.R. 2299, supra; which was or- supra; which was ordered to lie on the table. dered to lie on the table. dered to lie on the table. SA 1106. Mr. MCCAIN (for himself and Mr. SA 1128. Ms. COLLINS submitted an SA 1149. Mr. DURBIN submitted an amend- GRAMM) submitted an amendment intended amendment intended to be proposed by her ment intended to be proposed by him to the to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- bill H.R. 2299, supra; which was ordered to lie supra; which was ordered to lie on the table. dered to lie on the table. on the table. SA 1107. Mr. MCCAIN (for himself and Mr. SA 1129. Ms. COLLINS submitted an SA 1150. Mr. FEINGOLD submitted an GRAMM) submitted an amendment intended amendment intended to be proposed by her amendment intended to be proposed by him to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- to the bill H.R. 2299, supra; which was or- supra; which was ordered to lie on the table. dered to lie on the table. dered to lie on the table. SA 1108. Mr. MCCAIN (for himself and Mr. SA 1130. Ms. COLLINS submitted an SA 1151. Mr. GRAHAM (for himself and Ms. GRAMM) submitted an amendment intended amendment intended to be proposed by her SNOWE) submitted an amendment intended to be proposed by him to the bill H.R. 2299, to the bill H.R. 2299, supra; which was or- to be proposed by him to the bill H.R. 2299, supra; which was ordered to lie on the table. dered to lie on the table. supra; which was ordered to lie on the table. SA 1109. Mr. MCCAIN (for himself and Mr. SA 1131. Ms. COLLINS (for herself, Ms. SA 1152. Mr. ALLARD (for himself and Mr. GRAMM) submitted an amendment intended SNOWE, Mr. SCHUMER, Mr. BAUCUS, Mr. INHOFE) submitted an amendment intended to be proposed by him to the bill H.R. 2299, BINGAMAN, Mr. INHOFE, Mrs. CLINTON, Mr. to be proposed by him to the bill H.R. 2299, supra; which was ordered to lie on the table. BURNS, Mr. BROWNBACK, Mr. AKAKA, Mr. JEF- supra; which was ordered to lie on the table. SA 1110. Mr. MCCAIN (for himself and Mr. FORDS, and Mr. NELSON, of Nebraska) sub- SA 1153. Mr. BAYH (for himself and Mr. GRAMM) submitted an amendment intended mitted an amendment intended to be pro- LUGAR) submitted an amendment intended to be proposed by him to the bill H.R. 2299, posed by her to the bill H.R. 2299, supra; to be proposed by him to the bill H.R. 2299, supra; which was ordered to lie on the table. which was ordered to lie on the table. supra; which was ordered to lie on the table. S8238 CONGRESSIONAL RECORD — SENATE July 25, 2001 SA 1154. Mr. MURKOWSKI proposed an tember 30, 2002, and for other purposes; by him to the bill H.R. 2299, making ap- amendment to the bill S. 1218, to extend the as follows: propriations for the Department of authorities of the Iran and Libya Sanctions On page 17, line 11, insert after ‘‘projects’’ Transportation and related agencies Act of 1996 until 2006. the following: ‘‘that are designed to achieve for the fiscal year ending September 30, SA 1155. Mr. BROWNBACK submitted an the goals and purposes set forth in section amendment intended to be proposed by him 2002, and for other purposes; which was 5203 of the Intelligent Transportation Sys- to the bill S. 723, to amend the Public Health ordered to lie on the table; as follows: tems Act of 1998 (subtitle C of title V of Pub- Service Act to provide for human embryonic At the appropriate place, insert the fol- lic Law 105–178; 112 Stat. 453; 23 U.S.C. 502 stem cell generation and research; which was lowing: note)’’. referred to the Committee on Health, Edu- SEC. ll. PROTECT SOCIAL SECURITY SUR- cation, Labor, and Pensions. SA 1065. Mr. GRAMM (for himself, PLUSES ACT OF 2001. SA 1156. Mr. BROWNBACK submitted an (a) SHORT TITLE.—This section may be amendment intended to be proposed by him Mr. MCCAIN, and Mr. DOMENICI) pro- posed an amendment to amendment SA cited as the ‘‘Protect Social Security Sur- to the bill S. 723, supra; which was referred pluses Act of 2001’’. URRAY to the Committee on Health, Education, 1030 submitted by Mrs. M and in- (b) REVISION OF ENFORCING DEFICIT TAR- Labor, and Pensions. tended to be proposed to the amend- GETS.—Section 253 of the Balanced Budget SA 1157. Mr. SMITH, of New Hampshire ment SA 1025 proposed by Mrs. MURRAY and Emergency Deficit Control Act of 1985 (2 (for himself, Mr. HARKIN, and Mr. HATCH) to the bill (H.R. 2299) making appro- U.S.C. 903) is amended— submitted an amendment intended to be pro- priations for the Department of Trans- (1) by striking subsection (b) and inserting posed by him to the bill H.R. 2500, making portation and related agencies for the the following: appropriations for the Departments of Com- ‘‘(b) EXCESS DEFICIT; MARGIN.—The excess merce, Justice, and State, the Judiciary, and fiscal year ending September 30, 2002, and for other purposes; as follows: deficit is, if greater than zero, the estimated related agencies for the fiscal year ending deficit for the budget year, minus the margin September 30, 2002, and for other purposes; At the end of the amendment, insert the for that year. In this subsection, the margin which was ordered to lie on the table. following: ‘‘Provided, That notwithstanding for each fiscal year is 0.5 percent of esti- f any other provision of this section, and con- mated total outlays for that fiscal year.’’; sistent with United States obligations under (2) by striking subsection (c) and inserting TEXT OF AMENDMENTS the North American Free Trade Agreement, the following: SA 1063. Mr. KERRY submitted an nothing in this section shall be applied so as ‘‘(c) ELIMINATING EXCESS DEFICIT.—Each to discriminate against Mexico by imposing amendment intended to be proposed by non-exempt account shall be reduced by a any requirements on a Mexican motor car- dollar amount calculated by multiplying the him to the bill H.R. 2299, making ap- rier that seeks to operate in the United propriations for the Department of baseline level of sequesterable budgetary re- States that do not exist with regard to sources in that account at that time by the Transportation and related agencies United States and Canadian motor carriers, uniform percentage necessary to eliminate for the fiscal year ending September 30, in recognition of the fact that the North an excess deficit.’’; and 2002, and for other purposes; which was American Free Trade Agreement is an agree- (3) by striking subsections (g) and (h). ordered to lie on the table; as follows: ment among three free and equal nations, (c) MEDICARE EXEMPT.—The Balanced each of which has recognized rights and obli- On page 78, line 19, strike the end period Budget and Emergency Deficit Control Act gations under that trade agreement.’’. and insert a semicolon. of 1985 is amended— (1) in section 253(e)(3)(A), by striking On page 78, between lines 19 and 20, insert SA 1066. Mrs. FEINSTEIN submitted the following: clause (i); and (3) the Administrator of the Environ- an amendment intended to be proposed (2) in section 256, by striking subsection mental Protection Agency, in coordination by her to the H.R. 2299, making appro- (d). with the Secretary of Transportation and in priations for the Department of Trans- (d) ECONOMIC AND TECHNICAL ASSUMP- consultation with State agencies charged portation and related agencies for the TIONS.—Notwithstanding section 254(j) of the with developing and implementing State im- fiscal year ending September 30, 2002, Balanced Budget and Emergency Deficit plementation plans, provides to Congress an and for other purposes; which was or- Control Act of 1985 (2 U.S.C. 904(j)), the Office evaluation of the impacts of implementing dered to lie on the table; as follows: of Management and Budget shall use the eco- the cross-border trucking provisions of the nomic and technical assumptions underlying On page 39 line 24, strike the period and in- North American Free Trade Agreement on the report issued pursuant to section 1106 of sert ‘‘; and public health, welfare, and the environment, title 31, United States Code, for purposes of ‘‘$2,000,000 for San Bernardino, California including— determining the excess deficit under section Metrolink project.’’. (A) attainment and maintenance of the na- 253(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, as added by sub- tional primary and secondary ambient air SA 1067. Mrs. FEINSTEIN submitted quality standards for any air pollutant under section (b). section 109 of the Clean Air Act (42 U.S.C. an amendment intended to be proposed (e) APPLICATION OF SEQUESTRATION TO 7409); and by her to the bill H.R. 2299, making ap- BUDGET ACCOUNTS.—Section 256(k) of the (B) emissions of toxic air pollutants; and propriations for the Department of Balanced Budget and Emergency Deficit (4) if the Administrator of the Environ- Transportation and related agencies Control Act of 1985 (2 U.S.C. 906(k)) is amend- mental Protection Agency finds, after con- for the fiscal year ending September 30, ed by— sidering the results of the study required by 2002, and for other purposes; which was (1) striking paragraph (2); and (2) redesignating paragraphs (3) through (6) this subsection, that regulation of cross-bor- ordered to lie on the table; as follows: der trucking is necessary to prevent adverse as paragraphs (2) through (5), respectively. effects on public health, welfare, and the en- On page 33, line 14, insert before the semi- (f) STRENGTHENING SOCIAL SECURITY POINTS vironment (including attainment of national colon ‘‘, including $350,000 for Alameda OF ORDER.— ambient air quality standards), the Adminis- Contra Costa Transit District, buses and bus (1) IN GENERAL.—Section 312 of the Con- trator, in consultation with the Secretary of facility’’. gressional Budget Act of 1974 (2 U.S.C. 643) is Transportation and the United States Trade amended by inserting at the end the fol- Representative, shall develop and implement SA 1068. Mr. LOTT submitted an lowing: appropriate and necessary regulations, con- amendment intended to be proposed by ‘‘(g) STRENGTHENING SOCIAL SECURITY sistent with the obligations specified under him to the bill H.R. 2299, making ap- POINT OF ORDER.—It shall not be in order in the North American Free Trade Agreement, propriations for the Department of the House of Representatives or the Senate to prevent the adverse effects, and provide to Transportation and related agencies to consider a concurrent resolution on the Congress necessary and appropriate legisla- for the fiscal year ending September 30, budget (or any amendment thereto or con- tive proposals, consistent with the obliga- 2002, and for other purposes; which was ference report thereon) or any bill, joint res- olution, amendment, motion, or conference tions specified under the North American ordered to lie on the table; as follows: Free Trade Agreement, to prevent the ad- report that would violate or amend section verse effects. On page 16, line 10, after ‘‘Code:’’, insert 13301 of the Budget Enforcement Act of the following: ‘‘$5,000,000 shall be available to 1990.’’. SA 1064. Mr. GRAHAM proposed an the State of Mississippi for construction of (2) SUPER MAJORITY REQUIREMENT.— amendment to amendment SA 1025 sub- facilities to house the Center for Advanced (A) POINT OF ORDER.—Section 904(c)(1) of Vehicular Systems and Engineering Exten- the Congressional Budget Act of 1974 is mitted by Mrs. MURRAY and intended sion Facility, to remain available until ex- amended by inserting ‘‘312(g),’’ after to be proposed to the bill (H.R. 2299) pended;’’. ‘‘310(d)(2),’’. making appropriations for the Depart- (B) WAIVER.—Section 904(d)(2) of the Con- ment of Transportation and related SA 1069. Mr. VOINOVICH submitted gressional Budget Act of 1974 is amended by agencies for the fiscal year ending Sep- an amendment intended to be proposed inserting ‘‘312(g),’’ after ‘‘310(d)(2),’’. July 25, 2001 CONGRESSIONAL RECORD — SENATE S8239 (3) ENFORCEMENT IN EACH FISCAL YEAR.— SA 1072. Mr. MCCAIN (for himself and On page 78, line 16, strike ‘‘(H)’’ and insert The Congressional Budget Act of 1974 is Mr. GRAMM) submitted an amendment ‘‘(G)’’. amended in— intended to be proposed by him to the SA 1077. Mr. MCCAIN (for himself and (A) section 301(a)(7) (2 U.S.C. 632(a)(7)), by bill H.R. 2299, making appropriations striking ‘‘for the fiscal year’’ through the pe- Mr. GRAMM) submitted an amendment riod and inserting ‘‘for each fiscal year cov- for the Department of Transportation intended to be proposed by him to the ered by the resolution’’; and and related agencies for the fiscal year bill H.R. 2299, making appropriations (B) section 311(a)(3) (2 U.S.C. 642(a)(3)), by ending September 30, 2002, and for for the Department of Transportation striking beginning with ‘‘for the first fiscal other purposes; which was ordered to and related agencies for the fiscal year year’’ through the period and insert the fol- lie on the table; as follows: ending September 30, 2002, and for lowing: ‘‘for any of the fiscal years covered On page 75, line 18, insert ‘‘and’’ after the other purposes; which was ordered to by the concurrent resolution.’’. semicolon. (g) EFFECTIVE DATE.—This section and the lie on the table; as follows: On page 75, beginning with line 23, strike amendments made by this section shall On page 74, line 19, strike ‘‘and based’’. through line 2 on page 76 apply to fiscal years 2002 through 2006. On page 76, line 3, strike ‘‘(vi)’’ and insert SA 1078. Mr. MCCAIN (for himself and ‘‘(v)’’. SA 1070. Mr. CRAPO (for himself and Mr. GRAMM) submitted an amendment Mr. CRAIG) submitted an amendment intended to be proposed by him to the SA 1073. Mr. MCCAIN (for himself and intended to be proposed by him to the Mr. GRAMM) submitted an amendment bill H.R. 2299, making appropriations bill H.R. 2299, making appropriations intended to be proposed by him to the for the Department of Transportation for the Department of Transportation bill H.R. 2299, making appropriations and related agencies for the fiscal year and related agencies for the fiscal year for the Department of Transportation ending September 30, 2002, and for ending September 30, 2002, and for and related agencies for the fiscal year other purposes; which was ordered to other purposes; which was ordered to ending September 30, 2002, and for lie on the table; as follows: lie on the table; as follows: other purposes; which was ordered to On page 76, strike lines 3 through 6, and in- On page 81, between lines 13 and 14, insert sert the following: the following: lie on the table; as follows: ‘‘(vi) requiring motor carrier safety inspec- SEC. 350. (a) IN GENERAL.—Section 47109 of On page 78, line 7, insert ‘‘and’’ after the tors to be on duty during all operating hours title 49, United States Code, is amended by semicolon. at all United States-Mexico border crossings redesignating subsection (c) as subsection (d) On page 78, beginning in line 14, strike ‘‘ve- used by commercial vehicles;’’. and inserting after subsection (b) the fol- hicles; and’’ and insert ‘‘vehicles.’’. lowing: On page 78, strike lines 16 through 19. SA 1079. Mr. MCCAIN (for himself and ‘‘(c) GRANDFATHER RULE.— Mr. GRAMM) submitted an amendment ‘‘(1) IN GENERAL.—In the case of any SA 1074. Mr. MCCAIN (for himself and intended to be proposed by him to the project approved after September 30, 2001, at Mr. GRAMM) submitted an amendment bill H.R. 2299, making appropriations an airport that has less than .25 percent of intended to be proposed by him to the for the Department of Transportation the total number of passenger boardings at bill H.R. 2299, making appropriations and related agencies for the fiscal year all commercial service airports, and that is located in a State containing unappropriated for the Department of Transportation ending September 30, 2002, and for and unreserved public lands and nontaxable and related agencies for the fiscal year other purposes; which was ordered to Indian lands (individual and tribal) of more ending September 30, 2002, and for lie on the table; as follows: than 5 percent of the total area of all lands other purposes; which was ordered to On page 73, strike lines 5 through 7. in the State, the Government’s share of al- lie on the table; as follows: On page 73, line 8, strike ‘‘(C)’’ and insert lowable costs of the project shall be in- On page 75, strike lines 16 through 22. ‘‘(B)’’. On page 73, line 12, strike ‘‘(D)’’ and insert creased by the same ratio as the basic share On page 75, line 23, strike ‘‘(v)’’ and insert ‘‘(C)’’. of allowable costs of a project divided into ‘‘(iv)’’. the increased (Public Lands States) share of On page 73, line 19, strike ‘‘(E)’’ and insert On page 76, line 3, strike ‘‘(vi)’’ and insert ‘‘(D)’’. allowable costs of a project as shown on doc- ‘‘(v)’’. uments of the Federal Aviation Administra- On page 74, line 1, strike ‘‘(F)’’ and insert tion dated August 3, 1979, at airports for ‘‘(E)’’. SA 1075. Mr. MCCAIN (for himself and On page 74, line 5, strike ‘‘(G)’’ and insert which the basic share was 80 percent on Au- Mr. GRAMM) submitted an amendment ‘‘(F)’’. gust 3, 1979. provided that this subsection On page 74, line 12, strike ‘‘(H)’’ and insert shall apply only if— intended to be proposed by him to the bill H.R. 2299, making appropriations ‘‘(G)’’. ‘‘(A) the State contained unappropriated On page 74, line 21, strike ‘‘(I)’’ and insert and unreserved public lands and nontaxable for the Department of Transportation ‘‘(H)’’. Indian lands of more than 5 percent of the and related agencies for the fiscal year total area of all lands in the State on August ending September 30, 2002, and for SA 1080. Mr. MCCAIN (for himself and 3, 1979; and other purposes; which was ordered to Mr. GRAMM) submitted an amendment ‘‘(B) the application under subsection (b), lie on the table; as follows: intended to be proposed by him to the does not increase the Government’s share of On page 77, strike line 9 through 25. bill H.R. 2299, making appropriations allowable costs of the project On page 78, line 1, strike ‘‘(F)’’ and insert for the Department of Transportation ‘‘(2) LIMITATION.—The Government’s share ‘‘(E)’’. of allowable project costs determined under and related agencies for the fiscal year On page 78, line 8, strike ‘‘(G)’’ and insert this subsection shall not exceed the lesser of ending September 30, 2002, and for ‘‘(F)’’. 93.75 percent or the highest percentage Gov- other purposes; which was ordered to On page 78, line 16, strike ‘‘(H)’’ and insert ernment share applicable to any project in lie on the table; as follows: ‘‘(G)’’. any State under subsection (b).’’. On page 72, beginning with line 23, strike (b) CONFORMING AMENDMENT.—Subsection through line 4 on page 73 and insert the fol- SA 1076. Mr. MCCAIN (for himself and (a) of Section 47109, title 49, United States lowing: Code, is amended by striking ‘‘Except as pro- Mr. GRAMM) submitted an amendment ‘‘(A)(i) requires a safety review of such vided in subsection (b)’’, and inserting in lieu intended to be proposed by him to the motor carrier to be performed before the car- thereof ‘‘Except as provided in subsection (b) bill H.R. 2299, making appropriations rier is granted conditional operating author- or subsection (c)’’. for the Department of Transportation ity to operate beyond United States munici- and related agencies for the fiscal year palities and commercial zones on the United SA 1071. Mr. FITZGERALD (for him- ending September 30, 2002, and for States-Mexico border, and before the carrier self and Mr. INHOFE) submitted an other purposes; which was ordered to is granted permanent operating authority to amendment intended to be proposed by operate beyond United States municipalities him to the bill H.R. 2299, making ap- lie on the table; as follows: and commercial zones on the United States- propriations for the Department of On page 76, strike lines 19 through 24. Mexico border; and Transportation and related agencies On page 77, line 1, strike ‘‘(D)’’ and insert ‘‘(ii) requires the safety review to include ‘‘(C)’’. verification of available performance data for the fiscal year ending September 30, On page 77, line 9, strike ‘‘(E)’’ and insert and safety management programs, including 2002, and for other purposes; which was ‘‘(D)’’. drug and alcohol testing, drivers’ qualifica- ordered to lie on the table; as follows: On page 78, line 1, strike ‘‘(F)’’ and insert tions, drivers’ hours-of-service records, On page 55, line 1, insert ‘‘preserving serv- ‘‘(E)’’. records of periodic vehicle inspections, insur- ice at Chicago Meigs Airport (‘Meigs On page 78, line 8, strike ‘‘(G)’’ and insert ance, and other information necessary to de- Field’),’’ after ‘‘Airport.’’. ‘‘(F)’’. termine the carrier’s preparedness to comply S8240 CONGRESSIONAL RECORD — SENATE July 25, 2001 with Federal motor carrier safety rules and On page 75, strike lines 16 through 22. and related agencies for the fiscal year regulations;’’. On page 75, line 23, strike ‘‘(v)’’ and insert ending September 30, 2002, and for ‘‘(iv)’’. other purposes; which was ordered to On page 76, line 3, strike ‘‘(vi)’’ and insert SA 1081. Mr. MCCAIN (for himself and lie on the table; as follows: Mr. GRAMM) submitted an amendment ‘‘(v)’’. intended to be proposed by him to the On page 73 line 9 strike ‘‘electronically’’ and insert in a ‘‘timely manner. bill H.R. 2299, making appropriations SA 1085. Mr. MCCAIN (for himself and for the Department of Transportation Mr. GRAMM) submitted an amendment intended to be proposed by him to the SA 1090. Mr. MCCAIN (for himself and and related agencies for the fiscal year Mr. GRAMM) submitted an amendment ending September 30, 2002, and for bill H.R. 2299, making appropriations for the Department of Transportation intended to be proposed by him to the other purposes; which was ordered to bill H.R. 2299, making appropriations lie on the table; as follows: and related agencies for the fiscal year ending September 30, 2002, and for for the Department of Transportation On page 72, line 15, strike ‘‘Between United and related agencies for the fiscal year States and Mexico.’’ and insert ‘‘In the other purposes; which was ordered to lie on the table; as follows: ending September 30, 2002, and for United States.’’. other purposes; which was ordered to In the following places, strike ‘‘Mexican’’ On page 77, strike line 9 through 25. and insert ‘‘foreign’’; On page 78, line 1, strike ‘‘(F)’’ and insert lie on the table; as follows: (1) Page 72, line 18. ‘‘(E)’’. On page 73 starting on line 16 strike ‘‘in- (2) Page 73, line 6. On page 78, line 8, strike ‘‘(G)’’ and insert cluding hours-of-service rules under part 395 (3) Page 73, line 10. ‘‘(F)’’. of title 49, Code of Federal Regulations.’’ (4) Page 73, line 13. On page 78, line 16, strike ‘‘(H)’’ and insert (5) Page 74, line 14. ‘‘(G)’’. SA 1091. Mr. MCCAIN (for himself and (6) Page 76, line 4. Mr. GRAMM) submitted an amendment (7) Page 77, line 5. SA 1086. Mr. MCCAIN (for himself and intended to be proposed by him to the (8) Page 77, line 15. Mr. GRAMM) submitted an amendment bill H.R. 2299, making appropriations (9) Page 77, line 18. intended to be proposed by him to the (10) Page 78, line 3. for the Department of Transportation (11) Page 78, line 10. bill H.R. 2299, making appropriations and related agencies for the fiscal year (12) Page 78, line 20. for the Department of Transportation ending September 30, 2002, and for On pages 72 through 78, strike ‘‘United and related agencies for the fiscal year other purposes; which was ordered to States-Mexico’’ each place it appears and in- ending September 30, 2002, and for lie on the table; as follows: sert ‘‘United States’’. other purposes; which was ordered to On page 74 starting on line 5 strike On page 76, line 14, strike ‘‘in Mexico’’ and lie on the table; as follows: ‘‘Weigh-In-Motion (WIM) systems as well as insert ‘‘Outside the United States’’. On page 78, line 7, insert ‘‘and’’ after the fixed scales suitable for enforcement action On page 77, beginning in line 9, strike ‘‘the semicolon. and requires that inspectors verify by either Mexican government’’ and insert ‘‘the gov- On page 78, beginning in line 14, strike ‘‘ve- means the weight of each commercial vehi- ernment of any foreign country that shares a hicles; and’’ and insert ‘‘vehicles.’’. cle entering the United States at such a border with the United States’’. On page 78, strike lines 16 through 19. crossing’’ and insert ‘‘a means suitable for On page 78, line 16, strike ‘‘in Mexico’’ and enforcement of determining the weight of insert ‘‘in any foreign country that shares a SA 1087. Mr. MCCAIN (for himself and commercial vehicles entering the United border with the United states’’. States at such a crossing.’’ On page 78, beginning in line 21, strike Mr. GRAMM) submitted an amendment ‘‘Mexico-domiciled motor carrier’’ and insert intended to be proposed by him to the Mr. MCCAIN (for himself and ‘‘motor carrier domiciled in any foreign bill H.R. 2299, making appropriations SA 1092. country that shares a border with the United for the Department of Transportation Mr. GRAMM) submitted an amendment States’’. and related agencies for the fiscal year intended to be proposed by him to the ending September 30, 2002, and for bill H.R. 2299, making appropriations SA 1082. Mr. MCCAIN (for himself and other purposes; which was ordered to for the Department of Transportation Mr. GRAMM) submitted an amendment lie on the table; as follows: and related agencies for the fiscal year intended to be proposed by him to the ending September 30, 2002, and for On page 72 starting on line 23 strike ‘‘full bill H.R. 2299, making appropriations safety compliance review of the carrier con- other purposes; which was ordered to for the Department of Transportation sistent with the safety fitness evaluation lie on the table; as follows: and related agencies for the fiscal year procedures set forth in part 385 of title 49. On page 74 line 21 strike ‘‘regulations’’ and ending September 30, 2002, and for Code of Federal Regulations, and gives the insert regulations, policies, or interim final other purposes; which was ordered to carrier a satisfactory rating’’ and insert rules.’’ lie on the table; as follows: ‘‘safety review which includes verification of available performance data and safety man- On page 76, line 13, strike ‘‘on-site’’. SA 1093. Mr. MCCAIN (for himself and agement programs, including drug and alco- Mr. GRAMM) submitted an amendment hol testing, drivers’ qualifications, drivers’ SA 1083. Mr. MCCAIN (for himself and intended to be proposed by him to the hours-of-service records, records of periodic bill H.R. 2299, making appropriations Mr. GRAMM) submitted an amendment vehicle inspections, insurance, and other in- intended to be proposed by him to the formation necessary to determine the car- for the Department of Transportation bill H.R. 2299, making appropriations riers preparedness to comply with Federal and related agencies for the fiscal year for the Department of Transportation motor carrier safety rules and regulations’’. ending September 30, 2002, and for and related agencies for the fiscal year other purposes; which was ordered to ending September 30, 2002, and for SA 1088. Mr. MCCAIN (for himself and lie on the table; as follows: other purposes; which was ordered to Mr. GRAMM) submitted an amendment On page 75 starting on line 3 strike ‘‘, that lie on the table; as follows: intended to be proposed by him to the include the administration of a proficiency examination’’. On page 75, line 18, insert ‘‘and’’ after the bill H.R. 2299, making appropriations semicolon. for the Department of Transportation On page 75, beginning with line 23, strike and related agencies for the fiscal year SA 1094. Mr. MCCAIN (for himself and through line 2 on page 76. ending September 30, 2002, and for Mr. GRAMM) submitted an amendment On page 76, line 3, strike ‘‘(vi)’’ and insert other purposes; which was ordered to intended to be proposed by him to the ‘‘(v)’’. lie on the table; as follows: bill H.R. 2299, making appropriations On page 73 line 5 strike ‘‘compliance’’ and for the Department of Transportation Mr. MCCAIN (for himself and SA 1084. line 7 following ‘‘facilities’’ insert ‘‘where and related agencies for the fiscal year Mr. GRAMM) submitted an amendment warranted by safety considerations of the ending September 30, 2002, and for intended to be proposed by him to the availability of safety performance data.’’ other purposes; which was ordered to bill H.R. 2299, making appropriations lie on the table; as follows: for the Department of Transportation SA 1089. Mr. MCCAIN (for himself and On page 76 strike all after ‘‘(2) the’’ and related agencies for the fiscal year Mr. GRAMM) submitted an amendment through page 78 line 19. ending September 30, 2002, and for intended to be proposed by him to the other purposes; which was ordered to bill H.R. 2299, making appropriations SA 1095. Mr. MCCAIN (for himself and lie on the table; as follows: for the Department of Transportation Mr. GRAMM) submitted an amendment July 25, 2001 CONGRESSIONAL RECORD — SENATE S8241 intended to be proposed by him to the for the Department of Transportation On page 75, beginning with line 23, strike bill H.R. 2299, making appropriations and related agencies for the fiscal year through line 2 on page 76. for the Department of Transportation ending September 30, 2002, and for On page 76, line 3, strike ‘‘(vi)’’ and insert and related agencies for the fiscal year other purposes; which was ordered to ‘‘(v)’’. ending September 30, 2002, and for lie on the table; as follows: SA 1106. Mr. MCCAIN (for himself and other purposes; which was ordered to On page 75, strike lines 16 through 22. Mr. GRAMM) submitted an amendment lie on the table; as follows: On page 75, line 23, strike ‘‘(v)’’ and insert intended to be proposed by him to the On page 74, strike lines 1 through 4. ‘‘(iv)’’. bill H.R. 2299, making appropriations On page 74, line 5, strike ‘‘(G)’’ and insert On page 76, line 3, strike ‘‘(vi)’’ and insert ‘‘(v)’’. for the Department of Transportation ‘‘(F)’’. and related agencies for the fiscal year On page 74, strike ‘‘(H)’’ and insert ‘‘(G)’’. On page 74, strike ‘‘(I)’’ and insert ‘‘(H)’’. SA 1101. Mr. MCCAIN (for himself and ending September 30, 2002, and for Mr. GRAMM) submitted an amendment other purposes; which was ordered to SA 1096. Mr. MCCAIN (for himself and intended to be proposed by him to the lie on the table; as follows: Mr. GRAMM) submitted an amendment bill H.R. 2299, making appropriations On page 72, beginning with line 23, strike intended to be proposed by him to the for the Department of Transportation through line 4 on page 73. bill H.R. 2299, making appropriations and related agencies for the fiscal year On page 73, line 5, strike ‘‘(B)’’ and insert for the Department of Transportation ending September 30, 2002, and for ‘‘(A)’’. other purposes; which was ordered to On page 73, line 8, strike ‘‘(C)’’ and insert and related agencies for the fiscal year ‘‘(B)’’. ending September 30, 2002, and for lie on the table; as follows: On page 73, line 12, strike ‘‘(D)’’ and insert other purposes; which was ordered to On page 72, beginning with line 14, strike ‘‘(C)’’. lie on the table; as follows: through line 24 on page 78. On page 73, line 19, strike ‘‘(E)’’ and insert On page 74, strike lines 5 through 11. ‘‘(D)’’. On page 74, line 12, strike ‘‘(H)’’ and insert SA 1102. Mr. MCCAIN (for himself and On page 74, line 1, strike ‘‘(F)’’ and insert ‘‘(G)’’. Mr. GRAMM) submitted an amendment ‘‘(E)’’. On page 74, line 21, strike ‘‘(I)’’ and insert intended to be proposed by him to the On page 74, line 5, strike ‘‘(G)’’ and insert ‘‘(H)’’. bill H.R. 2299, making appropriations ‘‘(F)’’. for the Department of Transportation On page 74, line 12, strike ‘‘(H)’’ and insert SA 1097. Mr. MCCAIN (for himself and ‘‘(G)’’. and related agencies for the fiscal year On page 74, line 5, strike ‘‘(I)’’ and insert Mr. GRAMM) submitted an amendment ending September 30, 2002, and for ‘‘(H)’’. intended to be proposed by him to the other purposes; which was ordered to bill H.R. 2299, making appropriations lie on the table; as follows: SA 1107. Mr. MCCAIN (for himself and for the Department of Transportation On page 78, line 7, insert ‘‘and’’ after the Mr. GRAMM) submitted an amendment and related agencies for the fiscal year semicolon. intended to be proposed by him to the ending September 30, 2002, and for On page 78, beginning in line 14, strike ‘‘ve- bill H.R. 2299, making appropriations other purposes; which was ordered to hicles; and’’ and insert ‘‘vehicles.’’. for the Department of Transportation On page 78, strike lines 16 through 19. lie on the table; as follows: and related agencies for the fiscal year On page 74, strike lines 12 through 20. SA 1103. Mr. MCCAIN (for himself and ending September 30, 2002, and for On page 74, line 21, strike ‘‘(J)’’ and insert other purposes; which was ordered to ‘‘(H)’’. Mr. GRAMM) submitted an amendment intended to be proposed by him to the lie on the table; as follows: SA 1098. Mr. MCCAIN (for himself and bill H.R. 2299, making appropriations On page 73, strike lines 5 through 7. On page 73, line 8, strike ‘‘(C)’’ and insert Mr. GRAMM) submitted an amendment for the Department of Transportation and related agencies for the fiscal year ‘‘(B)’’. intended to be proposed by him to the On page 73, line 12, strike ‘‘(D)’’ and insert bill H.R. 2299, making appropriations ending September 30, 2002, and for ‘‘(C)’’. for the Department of Transportation other purposes; which was ordered to On page 73, line 19, strike ‘‘(E)’’ and insert and related agencies for the fiscal year lie on the table; as follows: ‘‘(D)’’. ending September 30, 2002, and for On page 77, strike lines 9 through 25. On page 74, line 1, strike ‘‘(F)’’ and insert other purposes; which was ordered to On page 78, line 1, strike ‘‘(F)’’ and insert ‘‘(E)’’. lie on the table; as follows: ‘‘(E)’’. On page 74, line 5, strike ‘‘(G)’’ and insert On page 78, line 8, strike ‘‘(G)’’ and insert ‘‘(F)’’. On page 75, strike lines 5 through 9. ‘‘(F)’’. On page 74, line 12, strike ‘‘(H)’’ and insert On page 75, line 10, strike ‘‘(iii)’’ and insert On page 78, line 16, strike ‘‘(H)’’ and insert ‘‘(G)’’. ‘‘(ii)’’. ‘‘(G)’’. On page 74, line 21, strike ‘‘(I)’’ and insert On page 75, line 16, strike ‘‘(iv)’’ and insert ‘‘(H)’’. ‘‘(iii)’’. SA 1104. Mr. MCCAIN (for himself and On page 75, line 23, strike ‘‘(v)’’ and insert Mr. GRAMM) submitted an amendment SA 1108. Mr. MCCAIN (for himself and ‘‘(iv)’’. Mr. GRAMM) submitted an amendment On page 76, line 3, strike ‘‘(vi)’’ and insert intended to be proposed by him to the ‘‘(v)’’. bill H.R. 2299, making appropriations intended to be proposed by him to the for the Department of Transportation bill H.R. 2299, making appropriations SA 1099. Mr. MCCAIN (for himself and and related agencies for the fiscal year for the Department of Transportation Mr. GRAMM) submitted an amendment ending September 30, 2002, and for and related agencies for the fiscal year intended to be proposed by him to the other purposes; which was ordered to ending September 30, 2002, and for bill H.R. 2299, making appropriations lie on the table; as follows: other purposes; which was ordered to for the Department of Transportation On page 75, strike lines 16 through 22. lie on the table; as follows: and related agencies for the fiscal year On page 75, line 23, strike ‘‘(v)’’ and insert On page 73, strike lines 8 through 11. ending September 30, 2002, and for ‘‘(iv)’’. On page 73, line 12, strike ‘‘(D)’’ and insert other purposes; which was ordered to On page 76, line 3, strike ‘‘(vi)’’ and insert ‘‘(C)’’. ‘‘(v)’’. On page 73, line 19, strike ‘‘(E)’’ and insert lie on the table; as follows: ‘‘(D)’’. On page 75, strike lines 10 through 15. SA 1105. Mr. MCCAIN (for himself and On page 74, line 1, strike ‘‘(F)’’ and insert On page 75, line 16, strike ‘‘(iv)’’ and insert Mr. GRAMM) submitted an amendment ‘‘(E)’’. ‘‘(iii)’’. intended to be proposed by him to the On page 74, line 5, strike ‘‘(G)’’ and insert On page 75, line 23, strike ‘‘(v)’’ and insert ‘‘(F)’’. ‘‘(iv)’’. bill H.R. 2299, making appropriations for the Department of Transportation On page 74, line 12, strike ‘‘(H)’’ and insert On page 76, line 3, strike ‘‘(vi)’’ and insert ‘‘(G)’’. ‘‘(v)’’. and related agencies for the fiscal year On page 74, line 21, strike ‘‘(I)’’ and insert ending September 30, 2002, and for ‘‘(H)’’. SA 1100. Mr. MCCAIN (for himself and other purposes; which was ordered to Mr. GRAMM) submitted an amendment lie on the table; as follows: SA 1109. Mr. MCCAIN (for himself and intended to be proposed by him to the On page 75, line 18, insert ‘‘and’’ after the Mr. GRAMM) submitted an amendment bill H.R. 2299, making appropriations semicolon. intended to be proposed by him to the S8242 CONGRESSIONAL RECORD — SENATE July 25, 2001 bill H.R. 2299, making appropriations On page 78, line 16, strike ‘‘(H)’’ and insert intended to be proposed by him to the for the Department of Transportation ‘‘(G)’’. bill H.R. 2299, making appropriations and related agencies for the fiscal year for the Department of Transportation ending September 30, 2002, and for SA 1114. Mr. MCCAIN (for himself and and related agencies for the fiscal year other purposes; which was ordered to Mr. GRAMM) submitted an amendment ending September 30, 2002, and for lie on the table; as follows: intended to be proposed by him to the other purposes; which was ordered to bill H.R. 2299, making appropriations On page 73, strike lines 12 through 18. lie on the table; as follows: On page 73, line 19, strike ‘‘(E)’’ and insert for the Department of Transportation On page 78, strike lines 1 through 7. ‘‘(D)’’. and related agencies for the fiscal year On page 74, line 1, strike ‘‘(F)’’ and insert On page 78, line 8, strike ‘‘(G)’’ and insert ending September 30, 2002, and for ‘‘(F)’’. ‘‘(E)’’. other purposes; which was ordered to On page 74, line 5, strike ‘‘(G)’’ and insert On page 78, line 16, strike ‘‘(H)’’ and insert ‘‘(F)’’. lie on the table; as follows: ‘‘(G)’’. On page 74, line 12, strike ‘‘(H)’’ and insert On page 76, strike lines 13 through 18. ‘‘(G)’’. On page 76, line 19, strike ‘‘(C)’’ and insert SA 1119. Mr. MCCAIN (for himself and ‘‘(B)’’. On page 74, line 21, strike ‘‘(I)’’ and insert Mr. GRAMM) submitted an amendment ‘‘(H)’’. On page 77, line 1, strike ‘‘(D)’’ and insert ‘‘(C)’’. intended to be proposed by him to the SA 1110. Mr. MCCAIN (for himself and On page 77, line 9, strike ‘‘(E)’’ and insert bill H.R. 2299, making appropriations Mr. GRAMM) submitted an amendment ‘‘(D)’’. for the Department of Transportation On page 78, line 1, strike ‘‘(F)’’ and insert and related agencies for the fiscal year intended to be proposed by him to the ‘‘(E)’’. bill H.R. 2299, making appropriations On page 78, line 8, strike ‘‘(G)’’ and insert ending September 30, 2002, and for for the Department of Transportation ‘‘(F)’’. other purposes; which was ordered to and related agencies for the fiscal year On page 78, line 16, strike ‘‘(H)’’ and insert lie on the table; as follows: ending September 30, 2002, and for ‘‘(G)’’. On page 74, strike lines 22 through 25; on other purposes; which was ordered to page 75, strike lines 1 through 4. SA 1115. Mr. MCCAIN (for himself and lie on the table; as follows: On page 75, line 5, strike ‘‘(ii)’’ and insert Mr. GRAMM) submitted an amendment On page 73, strike lines 19 through 24. ‘‘(i)’’. On page 74, line 1, strike ‘‘(F)’’ and insert intended to be proposed by him to the On page 75, line 10, strike ‘‘(iii)’’ and insert ‘‘(E)’’. bill H.R. 2299, making appropriations ‘‘(ii)’’. On page 74, line 5, strike ‘‘(G)’’ and insert for the Department of Transportation On page 75, line 16, strike ‘‘(iv)’’ and insert ‘‘(F)’’. and related agencies for the fiscal year ‘‘(iii)’’. On page 74, line 12, strike ‘‘(H)’’ and insert ending September 30, 2002, and for On page 75, line 23, strike ‘‘(v)’’ and insert ‘‘(G)’’. other purposes; which was ordered to ‘‘(iv)’’. On page 74, line 21, strike ‘‘(I)’’ and insert On page 76, line 3, strike ‘‘(vi)’’ and insert ‘‘(H)’’. lie on the table; as follows: ‘‘(v)’’. On page 76, strike lines 19 through 24. On page 77, line 1, strike ‘‘(D)’’ and insert SA 1111. Mr. MCCAIN (for himself and Mr. MCCAIN (for himself and ‘‘(C)’’. SA 1120. Mr. GRAMM) submitted an amendment Mr. GRAMM) submitted an amendment intended to be proposed by him to the On page 77, line 9, strike ‘‘(E)’’ and insert ‘‘(D)’’. intended to be proposed by him to the bill H.R. 2299, making appropriations On page 78, line 1, strike ‘‘(F)’’ and insert bill H.R. 2299, making appropriations for the Department of Transportation ‘‘(E)’’. for the Department of Transportation and related agencies for the fiscal year On page 78, line 8, strike ‘‘(G)’’ and insert and related agencies for the fiscal year ending September 30, 2002, and for ‘‘(F)’’. On page 78, line 16, strike ‘‘(H)’’ and insert ending September 30, 2002, and for other purposes; which was ordered to ‘‘(G)’’. other purposes; which was ordered to lie on the table; as follows: lie on the table; as follows: Beginning on page 75, line 23, strike SA 1116. Mr. MCCAIN (for himself and On page 74, beginning with line 21, strike through page 76 line 2. On page 76, line 3, strike ‘‘(vi)’’ and insert Mr. GRAMM) submitted an amendment through line 7 on page 76. ‘‘(v)’’. intended to be proposed by him to the bill H.R. 2299, making appropriations SA 1121. Mr. MCCAIN (for himself and SA 1112. Mr. MCCAIN (for himself and for the Department of Transportation Mr. GRAMM) submitted an amendment Mr. GRAMM) submitted an amendment and related agencies for the fiscal year intended to be proposed by him to the intended to be proposed by him to the ending September 30, 2002, and for bill H.R. 2299, making appropriations bill H.R. 2299, making appropriations other purposes; which was ordered to for the Department of Transportation for the Department of Transportation lie on the table; as follows: and related agencies for the fiscal year and related agencies for the fiscal year On page 77, strike lines 1 through 8. ending September 30, 2002, and for ending September 30, 2002, and for On page 77, line 9, strike ‘‘(E)’’ and insert other purposes; which was ordered to ‘‘(D)’’. lie on the table; as follows: other purposes; which was ordered to On page 78, line 1, strike ‘‘(F)’’ and insert lie on the table; as follows: ‘‘(E)’’. On page 78, strike lines 8 through 15. On page 76, strike lines 3 through 7. On page 78, line 8, strike ‘‘(G)’’ and insert On page 78, line 16, strike ‘‘(H)’’ and insert ‘‘(F)’’. ‘‘(G)’’. SA 1113. Mr. MCCAIN (for himself and On page 78, line 16, strike ‘‘(H)’’ and insert Mr. GRAMM) submitted an amendment ‘‘(G)’’. SA 1122. Mr. MCCAIN (for himself and Mr. GRAMM) submitted an amendment intended to be proposed by him to the SA 1117. Mr. MCCAIN (for himself and intended to be proposed by him to the bill H.R. 2299, making appropriations Mr. GRAMM) submitted an amendment for the Department of Transportation intended to be proposed by him to the bill H.R. 2299, making appropriations and related agencies for the fiscal year bill H.R. 2299, making appropriations for the Department of Transportation ending September 30, 2002, and for for the Department of Transportation and related agencies for the fiscal year other purposes; which was ordered to and related agencies for the fiscal year ending September 30, 2002, and for lie on the table; as follows: ending September 30, 2002, and for other purposes; which was ordered to On page 76, strike lines 10 through 12. other purposes; which was ordered to lie on the table; as follows: On page 76, line 13, strike ‘‘(B)’’ and insert On page 78, strike lines 16 through 24. ‘‘(A)’’. lie on the table; as follows: On page 76, line 19, strike ‘‘(C)’’ and insert On page 77, strike lines 9 through 25. ‘‘(B)’’. On page 78, line 1, strike ‘‘(F)’’ and insert SA 1123. Mr. INHOFE submitted an On page 77, line 1, strike ‘‘(D)’’ and insert ‘‘(E)’’. amendment intended to be proposed by ‘‘(C)’’. On page 78, line 8, strike ‘‘(G)’’ and insert him to the bill H.R. 2299, making ap- On page 77, line 9, strike ‘‘(E)’’ and insert ‘‘(F)’’. propriations for the Department of ‘‘(D)’’. On page 78, line 16, strike ‘‘(H)’’ and insert Transportation and related agencies On page 78, line 1, strike ‘‘(F)’’ and insert ‘‘(G)’’. ‘‘(E)’’. for the fiscal year ending September 30, On page 78, line 8, strike ‘‘(G)’’ and insert SA 1118. Mr. MCCAIN (for himself and 2002, and for other purposes; which was ‘‘(F)’’. Mr. GRAMM) submitted an amendment ordered to lie on the table; as follows: July 25, 2001 CONGRESSIONAL RECORD — SENATE S8243 At the end of title III, add the following: On page 81, strike lines 3 through 13. used for that purpose not to exceed SEC. 350. (a) Congress makes the following $50,000,000. findings: SA 1128. Ms. COLLINS submitted an (2) Second and notwithstanding the limita- (1) Section 345 of the National Highway amendment intended to be proposed by tion in the third proviso under the heading System Designation Act of 1995 authorizes her to the bill H.R. 2299, making appro- ‘‘GRANTS-IN-AID FOR AIRPORTS’’ in title I of limited relief to drivers of certain types of priations for the Department of Trans- this Act, from amounts transferred by the commercial motor vehicles from certain re- portation and related agencies for the Administrator of the Federal Aviation Ad- strictions on maximum driving time and on- ministration from amounts in the Airport duty time. fiscal year ending September 30, 2002, and Airway Trust Fund established under (2) Subsection (c) of that section requires and for other purposes; which was or- section 9502 of the Internal Revenue Code of the Secretary of Transportation to deter- dered to lie on the table; as follows: 1986 (26 U.S.C. 9502) that are available under mine by rulemaking proceedings that the ex- On page 15, line 3, strike ‘‘$10,000,000’’ and that heading. emptions granted are not in the public inter- insert ‘‘$23,000,000’’. est and adversely affect the safety of com- SA 1132. Ms. COLLINS submitted an mercial motor vehicles. SA 1129. Ms. COLLINS submitted an amendment intended to be proposed by (3) Subsection (d) of that section requires amendment intended to be proposed by her to the bill H.R. 2299, making appro- the Secretary of Transportation to monitor her to the bill H.R. 2299, making appro- priations for the Department of Trans- the safety performance of drivers of commer- portation and related agencies for the cial motor vehicles who are subject to an ex- priations for the Department of Trans- emption under section 345 and report to Con- portation and related agencies for the fiscal year ending September 30, 2002, gress prior to the rulemaking proceedings. fiscal year ending September 30, 2002, and for other purposes; which was or- (b) It is the sense of Congress that the Sec- and for other purposes; which was or- dered to lie on the table; as follows: retary of Transportation should not take dered to lie on the table; as follows: Strike section 332. any action that would diminish or revoke On page 15, line 3, strike ‘‘$10,000,000’’ and any exemption in effect on the date of the insert ‘‘$23,000,000’’. SA 1133. Mrs. HUTCHISON submitted enactment of this Act for drivers of vehicles On page 81, strike lines 3 through 13. an amendment intended to be proposed under section 345 of the National Highway by her to the bill H.R. 2299, making ap- System Designation Act of 1995 (Public Law SA 1130. Ms. COLLINS submitted an propriations for the Department of 104–59; 109 Stat. 613; 49 U.S.C. 31136 note) un- amendment intended to be proposed by Transportation and related agencies less the requirements of subsections (c) and for the fiscal year ending September 30, (d) of such section are satisfied. her to the bill H.R. 2299, making appro- priations for the Department of Trans- 2002, and for other purposes; which was SA 1124. Mr. ALLEN submitted an portation and related agencies for the ordered to lie on the table; as follows: amendment intended to be proposed by fiscal year ending September 30, 2002, On page 74, strike lines 5 through 11, and him to the bill H.R. 2299, making ap- and for other purposes; which was or- insert the following: propriations for the Department of dered to lie on the table; as follows: ‘‘(G) determines the average number of commercial motor vehicles per month enter- Transportation and related agencies On page 61, beginning on line 21, strike ing the United States at each United States- for the fiscal year ending September 30, ‘‘This paragraph’’ and all that follows Mexico border crossing and equips any such 2002, and for other purposes; which was through ‘‘(b)’’ on line 24, and insert the fol- crossing at which 250 or more commercial ve- ordered to lie on the table; as follows: lowing: hicles per month are entering with a means Such section is further amended by insert- of determining the weight of such vehicles;’’. Beginning on page 47, strike line 19 and all ing ‘‘(a)’’ before the first sentence and by that follows through page 53, line 12. adding at the end the following new sub- SA 1134. Mr. BOND submitted an sections: SA 1125. Mr. ALLEN submitted an amendment intended to be proposed by ‘‘(b) A shipyard or depot-level maintenance him to the bill H.R. 2299, making ap- amendment intended to be proposed by and repair facility of the Department of De- him to the bill H.R. 2299, making ap- fense located at a home port for a Coast propriations for the Department of propriations for the Department of Guard vessel shall be treated in the same Transportation and related agencies Transportation and related agencies manner as a Coast Guard yard or other Coast for the fiscal year ending September 30, for the fiscal year ending September 30, Guard specialized facility for the purposes of 2002, and for other purposes; which was 2002, and for other purposes; which was competition for and assignment of mainte- ordered to lie on the table; as follows: ordered to lie on the table; as follows; nance and repair workloads of the Coast Strike Sec. 343 and insert the following: Guard. On page 49, lines 8 through 10, strike ‘‘the SEC. 343. SAFETY OF CROSS-BORDER TRUCKING ‘‘(c)’’. BETWEEN UNITED STATES AND MEX- Woodrow Wilson Memorial Bridge Authority ICO. Act of 1995,’’. SA 1131. Ms. COLLINS (for herself, No funds limited or appropriated in this Ms. SNOWE, Mr. SCHUMER, Mr. BAUCUS, Act may be obligated or expended for the re- SA 1126. Mr. ALLEN submitted an Mr. BINGAMAN, Mr. INHOFE, Mrs. CLIN- view or processing of an application by a amendment intended to be proposed by TON, Mr. BURNS, Mr. BROWNBACK, Mr. Mexican motor carrier for authority to oper- him to the bill H.R. 2299, making ap- AKAKA, Mr. JEFFORDS, and Mr. NELSON ate beyond United States municipalities and propriations for the Department of commercial zones on the United States–Mex- of Nebraska) submitted an amendment Transportation and related agencies ico border until— intended to be proposed by her to the for the fiscal year ending September 30, (1) the Federal Motor Carrier Safety bill H.R. 2299, making appropriations 2002, and for other purposes; which was Administration— for the Department of Transportation (A)(i) requires a safety review of the car- ordered to lie on the table; as follows: and related agencies for the fiscal year rier before granting conditional and, again, On page 49, strike lines 3 through 18 and in- ending September 30, 2002, and for before granting permanent authority to any sert the following: other purposes; which was ordered to such carrier; ‘‘(4) distribute the obligation limitation (ii) requires that such safety review shall, for Federal-aid highways less $2,000,000,000 lie on the table; as follows: at a minimum, include the verification of for such fiscal year under section 105 of title On page 81, strike lines 3 through 13 and in- available safety performance data necessary 23, United States Code (relating to minimum sert the following: to determine the carrier’s preparedness to guarantee) so that the amount of obligation SEC. 349. (a) AMOUNT AVAILABLE IN FISCAL comply with United States motor carrier authority available for that section is equal YEAR 2002 FOR ESSENTIAL AIR SERVICE PRO- safety rules and regulations; to the amount determined by multiplying GRAM.—Notwithstanding any other provision (B) requires that any such safety compli- the ratio determined under paragraph (3) by of law, $63,000,000 shall be available in fiscal ance review should take place onsite at the $2,000,000,000;’’. year 2002 for purposes of the Essential Air Mexican motor carrier’s facilities where Service program under subchapter II of chap- such onsite review is necessary to ensure SA 1127. Ms. COLLINS submitted an ter 417 of title 49, United States Code. compliance with United States motor carrier amendment intended to be proposed by (b) SOURCE OF FUNDS.—The amount avail- safety rules and regulations; her to the bill H.R. 2299, making appro- able under subsection (a) shall be derived as (C) requires a policy whereby Federal and priations for the Department of Trans- follows: State inspectors randomly verify electroni- (1) First, from user fees collected by the cally the status and validity of the license of portation and related agencies for the Secretary of Transportation in fiscal year drivers of Mexican motor carrier commercial fiscal year ending September 30, 2002, 2002 for flights over the United States that vehicles crossing the border; and for other purposes; which was or- do not involve a landing in the United (D) gives a distinctive Department of dered to lie on the table; as follows: States, with the amount of such user fees Transportation number to each Mexican S8244 CONGRESSIONAL RECORD — SENATE July 25, 2001 motor carrier operating beyond the commer- that is found to have operated illegally in date of enactment of this Act. Notwith- cial zone to assist inspectors in enforcing the United States; and standing the previous sentence, the convey- motor carrier safety regulations including (vi) under which a commercial vehicle op- ance shall include the property under lease hours-of-service rules under part 395 of title erated by a Mexican motor carrier may not as of June 1, 2000 and otherwise be subject to 49, Code of Federal Regulations; enter the United States at a border crossing subsections (a)(2) (a)(3), (b), and (c) of section (E) requires— unless an inspector is on duty or transmits 416 of Public Law 105–383. (i) inspections of all commercial vehicles to the Congress within 30 days of the date of of Mexican motor carriers authorized, or enactment of this Act, a notice in writing SA 1137. Mr. STEVENS submitted an seeking authority to operate beyond United that it will not be able to complete such amendment intended to be proposed by States municipalities and commercial zones rulemaking or issue such policy, that ex- him to the bill H.R. 2299, making ap- on the United States–Mexico border that do plains why it will not be able to complete propriations for the Department of not display a valid Commercial Vehicle Safe- such rulemaking or policy, and the date by Transportation and related agencies ty Alliance in accordance with the require- which it expects to complete such rule- for the fiscal year ending September 30, ments for a Level I inspection under the cri- making or policy; and 2002, and for other purposes; which was teria of the North American Standard In- (2) the Department of Transportation In- spection (as defined in section 350.105 of title spector General reports in writing to the ordered to lie on the table; as follows: 49, Code of Federal Regulations), including Secretary of Transportation and the Con- At the appropriate place in the bill, insert examination of the driver, vehicle exterior gress that he will periodically report on— the following: and vehicle under-carriage, and (A) all new inspector positions funded SEC. . Section 41703 of title 49, United (ii) a Commercial Vehicle Safety Alliance under this Act have been filled and the in- States Code, is amended by inserting the fol- decal to be affixed to each such commercial spectors have been fully trained; lowing subsection at the end of subsection vehicle upon completion of the inspection re- (B) each inspector conducting on-site safe- (c): quired by clause (i) or a re-inspection if the ty compliance reviews in Mexico consistent (d) AIR CARGO VIA ALASKA.—For purposes vehicle has met the criteria for the Level I with the safety fitness evaluation procedures of (c) of this section, cargo taken on or off inspection when no component parts were set forth in part 385 of title 49, Code of Fed- any aircraft at a place in Alaska in the hidden from view and no evidence of a defect eral Regulations, is fully trained as a safety course of transportation of that cargo by one was present, and specialist; or more air carriers in either direction be- (iii) that any such decal, when affixed, ex- (C) the requirement of subparagraph (B) tween any place in the Untied States and a pire at the end of a period of not more than has not been met by transferring experienced place not in the United States shall not be 90 days, but nothing in this paragraph shall inspectors from other parts of the United deemed to have broken its international journey in, be taken on in, or be destined for be construed to preclude the Administration States to the United States-Mexico border, Alaska. from requiring re-inspection of a vehicle undermining the level of inspection coverage bearing a valid inspection decal or from re- and safety elsewhere in the United States; SA 1138. Mr. GRAMM submitted an quiring that such a decal be removed when it (D) the Federal Motor Carrier Safety Ad- is determined that such vehicle has a safety ministration has implemented a policy to amendment intended to be proposed by violation subsequent to the inspection for ensure compliance with hours-of-service him to the bill H.R. 2299, making ap- which the decal was granted; rules under part 395 of title 49, Code of Fed- propriations for the Department of (F) requires State inspectors who detect eral Regulations, by Mexican motor carriers Transportation and related agencies violations of Federal motor carrier safety seeking authority to operate beyond United for the fiscal year ending September 30, laws or regulations to enforce them or notify States municipalities and commercial zones 2002, and for other purposes; which was Federal authorities of such violations; on the United States-Mexico border; ordered to lie on the table; as follows: (G) initiates a study to determine whether (E) there is adequate capacity at each On page 73, strike lines 5 through 7. (i) to equip significant United States-Mexico United States-Mexico border crossing used border crossings with Weigh-In-Motion by Mexican motor carrier commercial vehi- SA 1139. Mr. GRAMM (for himself, (WIM) systems as well as fixed scales suit- cles to conduct a sufficient number of mean- Mr. MCCAIN, and Mr. DOMENICI) sub- able for enforcement action and (ii) to re- ingful vehicle safety inspections and to ac- mitted an amendment intended to be quire that inspectors verify by either means commodate vehicles placed out-of-service as the weight of each commercial vehicle enter- a result of said inspections; proposed by him to the bill H.R. 2299, making appropriations for the Depart- ing the United States at such a crossing; For purposes of this section, the term ‘‘Mexi- (H) the Federal Motor Carrier Safety Ad- can motor carrier’’ shall be defined as a Mex- ment of Transportation and related ministration has implemented a policy to ico-domiciled motor carrier operating be- agencies for the fiscal year ending Sep- ensure that no Mexican motor carrier will be yond United States municipalities and com- tember 30, 2002, and for other purposes; granted authority to operate beyond United mercial zones on the United States-Mexico which was ordered to lie on the table; States municipalities and commercial zones border. as follows: on the United States-Mexico border unless that carrier provides proof of valid insurance At the end of section 343, insert the fol- SA 1135. Mr. SHELBY submitted an lowing: ‘‘Provided, That notwithstanding any with an insurance company licensed in the amendment intended to be proposed by United States; and other provision of this section, and con- (I) publishes in final form regulations or him to the bill H.R. 2299, making ap- sistent with United States obligations under issues policies— propriations for the Department of the North American Free Trade Agreement, (i) under section 210(b) of the Motor Carrier Transportation and related agencies nothing in this section shall be applied so as Safety Improvement Act of 1999 (49 U.S.C. for the fiscal year ending September 30, to discriminate against Mexico by imposing 31144 nt.) that establish minimum require- any requirements on a Mexican motor car- 2002, and for other purposes; which was rier that seeks to operate in the United ments for motor carriers, including foreign ordered to lie on the table; as follows: motor carriers, to ensure they are knowl- States that do not exist with regard to edgeable about Federal safety standards, At the appropriate place in the bill, insert United States and Canadian motor carriers, that include the administration of a pro- the following: in recognition of the fact that the North ficiency examination; SEC. . Of the funds provided under ‘‘Tran- American Free Trade Agreement is an agree- (ii) under section 31148 of title 49, United sit Planning and Research’’, $375,000 shall be ment among three free and equal nations, States Code, that implement measures to available for a traffic mitigation feasibility each of which has recognized rights and obli- improve training and provide for the certifi- study for Auburn University. gations under that trade agreement.’’. cation of motor carrier safety auditors; (iii) under sections 218(a) and (b) of that SA 1136. Mr. STEVENS submitted an SA 1140. Mr. GRAMM submitted an Act (49 U.S.C. 31133 nt.) establishing stand- amendment intended to be proposed by amendment intended to be proposed by ards for the determination of the appropriate him to the bill H.R. 2299, making ap- him to the bill H.R. 2299, making ap- number of Federal and State motor carrier propriations for the Department of propriations for the Department of inspectors for the United States-Mexico bor- Transportation and related agencies Transportation and related agencies der; for the fiscal year ending September 30, for the fiscal year ending September 30, (iv) under section 219(d) of that Act (49 2002, and for other purposes; which was 2002, and for other purposes; which was U.S.C. 14901 nt.) that prohibit foreign motor carriers from leasing vehicles to another car- ordered to lie on the the table, as fol- ordered to lie on the table; as follows: rier to transport products to the United lows: On page 78, strike subparagraph (H) on States while the lessor is subject to a sus- At the appropriate place in the bill, insert lines 16 through 19. pension, restriction, or limitation on its the following: Mr. GRAMM submitted an right to operate in the United States; SEC. . Notwithstanding any other provi- SA 1141. (v) under section 219(a) of that Act (49 sion of law, the conveyance authorized by amendment intended to be proposed by U.S.C. 14901 ni.) that prohibit foreign motor section 416(a)(1)(H) of Public Law 105–383 him to the bill H.R. 2299, making ap- carriers from operating in the United States shall take place within 3 months after the propriations for the Department of July 25, 2001 CONGRESSIONAL RECORD — SENATE S8245 Transportation and related agencies On page 72, line 17, strike ‘‘for’’ and insert (F) authorizes State inspectors who detect for the fiscal year ending September 30, in lieu thereof: ‘‘prior to January 1, 2001 for’’. violations of Federal motor carrier safety 2002, and for other purposes; which was laws or regulations to enforce such laws and SA 1148. Mr. DOMENICI submitted an ordered to lie on the table; as follows: regulations or to notify Federal authorities amendment intended to be proposed by of such violations; On page 75, strike the semicolon on line 22 him to the bill H.R. 2299, making ap- (G)(i) determines that there is a means of and all that follows through the parentheses propriations for the Department of determining the weight of such motor car- on page 76, line 3, and insert the following: ‘‘; Transportation and related agencies rier commercial vehicles at each crossing of and the United States-Mexico border at which ‘‘(?)’’. for the fiscal year ending September 30, 2002, and for other purposes; which was there is a sufficient number of such commer- cial vehicle crossings; and SA 1142. Mr. GRAMM submitted an ordered to lie on the table; as follows: (ii) initiates a study to determine which amendment intended to be proposed by On page 72, beginning with line 14, strike crossings should also be equipped with him to the bill H.R. 2299, making ap- through line 24 on page 78 and insert the fol- weigh-in-motion systems that would enable propriations for the Department of lowing: State inspectors to verify the weight of each SEC. 343. SAFETY OF CROSS-BORDER TRUCK- Transportation and related agencies such commercial vehicle entering the United ING BETWEEN UNITED STATES AND MEXICO.— States at such a crossing; for the fiscal year ending September 30, No funds limited or appropriated by this Act 2002, and for other purposes; which was (H) has implemented a policy to ensure may be obligated or expended for the review that no such motor carrier will be granted ordered to lie on the table; as follows: or processing of an application by a motor authority to operate beyond United States At the end of section 343, insert the fol- carrier for authority to operate beyond municipalities and commercial zones on the lowing: ‘‘Provided, That not withstanding United States municipalities and commer- United States-Mexico border unless that car- cial zones on the United States-Mexico bor- any other provision of this section, nothing rier provides proof of valid insurance with an der until— in this section shall be applied in a manner insurance company licensed in the United (1) the Federal Motor Carrier Safety that the President finds to be in violation of States; the North American Free Trade Agreement.’’ Administration— (A)(i) requires a safety review of such (I) issues a policy— (i) requiring motor carrier safety inspec- Mr. GRAMM submitted an motor carrier to be performed before the car- SA 1143. rier is granted conditional operating author- tors to be on duty during all operating hours amendment intended to be proposed by ity to operate beyond United States munici- at all United States-Mexico border crossings him to the bill H.R. 2299, making ap- palities and commercial zones on the United used by commercial vehicles; propriations for the Department of States-Mexico border, and before the carrier (ii) with respect to standards for the deter- Transportation and related agencies is granted permanent operating authority to mination of the appropriate number of Fed- for the fiscal year ending September 30, operate beyond United States municipalities eral and State motor carrier inspectors for the United States-Mexico border (under sec- 2002, and for other purposes; which was and commercial zones on the United States- Mexico border; tions 218(a) and (b) of the Motor Carrier Safe- ordered to lie on the table; as follows: (ii) requires the safety review to include ty Improvement Act of 1999 (49 U.S.C. 31133) On page 76, strike lines 3 through 7, and in- verification of available performance data nt.)); and sert the following: and safety management programs, including (iii) with respect to prohibiting foreign ‘‘(vi) requiring motor carrier safety inspec- drug and alcohol testing, drivers’ qualifica- motor carriers from operating in the United tors to be on duty during all operating hours tions, drivers’ hours-of-service records, States that are found to have operated ille- at all United States-Mexico border crossings records of periodic vehicle inspections, insur- gally in the United States (under section used by commercial vehicles; and’’. ance, and other information necessary to de- 219(a) of that Act (49 U.S.C. 14901 nt.)); and termine the carrier’s preparedness to comply (J) completes its rulemaking— SA 1144. Mr. GRAMM submitted an with Federal motor carrier safety rules and (i) to establish minimum requirements for amendment intended to be proposed by regulations; and motor carriers, including foreign motor car- him to the bill H.R. 2299, making ap- (iii) requires that every commercial vehi- riers, to ensure they are knowledgeable propriations for the Department of cle operating beyond United States munici- about Federal safety standards (under sec- palities and commercial zones on the United Transportation and related agencies tion 210(b) of the Motor Carrier Safety Im- States-Mexico border, that is operated by a provement Act of 1999 (49 U.S.C. 31144 nt.)), for the fiscal year ending September 30, motor carrier authorized to operate beyond (ii) to implement measures to improve 2002, and for other purposes; which was those municipalities and zones, display a training and provide for the certification of ordered to lie on the table; as follows: valid Commercial Vehicle Safety Alliance motor carrier safety auditors (under section On page 76, strike lines 19 through 24. decal obtained as a result of a Level I North 31148 of title 49, United States Code), and American Standard Inspection, or a Level V (iii) to prohibit foreign motor carriers SA 1145. Mr. GRAMM submitted an Vehicle-Only Inspection, whenever that vehi- from leasing vehicles to another carrier to amendment intended to be proposed by cle is operating beyond such municipalities transport products to the United States him to the bill H.R. 2299, making ap- and zones, and requires any such motor car- while the lessor is subject to a suspension, rier operating a vehicle in violation of this propriations for the Department of restriction, or limitation on its right to op- requirement to pay a fine of up to $10,000 for erate in the United States (under section Transportation and related agencies such violation; 219(d) of that Act (49 U.S.C. 14901 nt.)), for the fiscal year ending September 30, (B) establishes a policy that any safety re- or transmits to the Congress, within 30 days view of such a motor carrier should be con- 2002, and for other purposes; which was after the date of enactment of this Act, a no- ducted onsite at the motor carrier’s facili- ordered to lie on the table; as follows: tice in writing that it will not be able to ties where warranted by safety consider- On page 77, strike lines 9 through 25. complete any such rulemaking, that explains ations or the availability of safety perform- ance data; why it will not be able to complete the rule- SA 1146. Mr. GRAMM submitted an (C) requires Federal and State inspectors, making, and that states the date by which it amendment intended to be proposed by in conjunction with a Level I North Amer- expects to complete the rulemaking; and him to the bill H.R. 2299, making ap- ican Standard Inspection, to verify, elec- (2) until the Department of Transportation propriations for the Department of tronically or otherwise, the license of each Inspector General certifies in writing to the Transportation and related agencies driver of such a motor carrier’s commercial Secretary of Transportation and to the Sen- vehicle crossing the border, and institutes a ate Committee on Commerce, Science, and for the fiscal year ending September 30, Transportation, the Senate Committee on 2002, and for other purposes; which was policy for random electronic verification of the license of drivers of such motor carrier’s Appropriations, the House of Representa- ordered to lie on the table; as follows: commercial vehicles at United States-Mex- tives Committee on Transportation and In- On page 75, strike line 16 and all that fol- ico border crossings; frastructure, and the House of Representa- lows through ‘‘(v)’’ on page 75, line 23, and in- (D) gives a distinctive Department of tives Committee on Appropriations that the sert in lieu thereof ‘‘(vi)’’. Transportation number to each such motor Inspector General will report in writing to carrier to assist inspectors in enforcing the Secretary and to each such Committee— SA 1147. Mr. GRAMM submitted an motor carrier safety regulations, including (A) on the number of Federal motor carrier amendment intended to be proposed by hours-of-service rules under part 395 of title safety inspectors hired, trained as safety spe- him to the bill H.R. 2299, making ap- 49, Code of Federal Regulations; cialists, and prepared to be on duty during propriations for the Department of (E) requires State inspectors whose oper- hours of operation fat the United States- ations are funded in part or in whole by Fed- Mexico border by January 1, 2002; Transportation and related agencies eral funds to check for violations of Federal (B) periodically— for the fiscal year ending September 30, motor carrier safety laws and regulations, (i) on the adequacy of the number of Fed- 2002, and for other purposes; which was including those pertaining to operating au- eral and State inspectors at the United ordered to lie on the table; as follows: thority and insurance; States-Mexico border; and S8246 CONGRESSIONAL RECORD — SENATE July 25, 2001

(ii) as to whether the Federal Motor Car- ENFORCEMENT OPERATIONS.—(1) The amount (A) has failed to comply with the terms of rier Safety Administration is ensuring com- appropriated or otherwise made available for United Nations Security Council Resolution pliance with hours-of-service rules under the Coast Guard under title I under the head- 687 regarding unconditional Iraqi acceptance part 395 of title 49, Code of Federal Regula- ing ‘‘COAST GUARD’’ under the paragraph of the destruction, removal, or rendering tions, by such motor carriers; ‘‘Operating Expenses’’ is hereby increased by harmless, under international supervision, of (iii) as to whether United States and Mexi- $31,100,000. all nuclear, chemical and biological weapons can enforcement databases are sufficiently (2) The amount available for the Coast and all stocks of agents and all related sub- integrated and accessible to ensure that li- Guard under the paragraph referred to in systems and components and all research, censes, vehicle registrations, and insurance paragraph (1) by reason of that paragraph development, support and manufacturing fa- information can be verified at border cross- shall be available for the Coast Guard for cilities, as well as all ballistic missiles with ings or by mobile enforcement units; and purposes of law enforcement operations. a range greater than 150 kilometers and re- (iv) as to whether there is adequate capac- (b) Increase in Amount Available for Avia- lated major parts, and repair and production ity at each United States-Mexico border tion Capability of Coast Guard for Law En- facilities and has failed to allow United Na- crossing used by motor carrier commercial forcement Operations.—(1) The amount ap- tions inspectors access to sites used for the vehicles to conduct a sufficient number of propriated or otherwise made available for production or storage of weapons of mass de- vehicle safety inspections and to accommo- the Coast Guard under title I under the head- struction. date vehicles placed out-of-service as a re- ing ‘‘COAST GUARD’’ under the paragraph (B) routinely contravenes the terms and sult of the inspections. ‘‘Acquisition, Construction, and Improve- conditions of UNSC Resolution 661, author- In this section, the term ‘‘motor carrier’’ ments’’ under the proviso relating to the ac- izing the export of petroleum products from means a motor carrier domiciled in Mexico quisition of new aircraft and increasing avia- Iraq in exchange for food, medicine and other that seeks authority to operate beyond tion capability is hereby increased by humanitarian products by conducting a rou- United States municipalities and commer- $15,000,000. tine and extensive program to sell such prod- cial zones on the United States-Mexico bor- (2) The amount available for the Coast ucts outside of the channels established by der. Guard under the proviso referred to in para- UNSC Resolution 661 in exchange for mili- Provided, That notwithstanding any other graph (1) by reason of that paragraph shall tary equipment and materials to be used in provision of this section, and consistent with be available for the Coast Guard for the ac- pursuit of its program to develop weapons of United States obligations under the North quisition of new aircraft and increases in mass destruction in order to threaten the American Free Trade Agreement, nothing in aviation capability for purposes of law en- United States and its allies in the Persian this section shall be applied so as to dis- forcement operations. Gulf and surrounding regions. criminate against Mexico by imposing any (C) has failed to adequately draw down requirements on a Mexican motor carrier SA 1152. Mr. ALLARD (for himself upon the amounts received in the Escrow Ac- that seeks to operate in the United States and Mr. INHOFE) submitted an amend- count established by UNSC Resolution 986 to that do not exist with regard to United ment intended to be proposed by him purchase food, medicine and other humani- States and Canadian motor carriers, in rec- to the bill H.R. 2299, making appropria- tarian products required by its citizens, re- ognition of the fact that the North American tions for the Department of Transpor- sulting in massive humanitarian suffering by the Iraqi people. Free Trade Agreement is an agreement tation and related agencies for the fis- among three free and equal nations, each of (D) conducts a periodic and systematic which has recognized rights and obligations cal year ending September 30, 2002, and campaign to harass and obstruct the enforce- under that trade agreement. for other purposes; which was ordered ment of the United States and United King- to lie on the table; as follows: dom-enforced ‘‘No-Fly Zones’’ in effect in SA 1149. Mr. DURBIN submitted an On page 20, lines 13 through 16, strike the Republic of Iraq. amendment intended to be proposed by ‘‘$230,681,878 shall be set aside for the pro- (E) routinely manipulates the petroleum him to the bill H.R. 2299, making ap- grams authorized under sections 1118 and export production volumes permitted under propriations for the Department of 1119 of the Transportation Equity Act for the UNSC Resolution 661 in order to create un- 21st Century, as amended;’’ and insert certainty in global energy markets, and Transportation and related agencies therefore threatens the economic security of for the fiscal year ending September 30, ‘‘$1,000,000 shall be set aside for the program authorized under section 118(c) of title 23, the United States. 2002, and for other purposes; which was United States Code, to be used for the (ii) further imports of petroleum products ordered to lie on the table; as follows: project at Interstate Route 25 north of from the Republic of Iraq are inconsistent On page 55, line 2, insert after ‘‘access,’’ Raton, New Mexico; $229,681,878 shall be set with the national security and foreign policy the following: ‘‘fully utilizing Illinois Chi- aside for the programs authorized under sec- interests of the United States and should be cago-area reliever and general aviation air- tions 1118 and 1119 of the Transportation Eq- eliminated until such time as they are not so ports including Aurora, DuPage, Lake in the uity Act for the 21st Century, of which none inconsistent. Hills, Lansing, Lewis University, Palwaukee, of the funds may be used to conduct the SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETRO- Schaumburg, and Waukegan,’’. United States Routes 64 and 87 Ports-to- LEUM IMPORTS. Plains corridor study, New Mexico;’’. The direct or indirect import from Iraq of SA 1150. Mr. FEINGOLD submitted Iraqi-origin petroleum and petroleum prod- an amendment intended to be proposed SA 1153. Mr. BAYH (for himself and ucts is prohibited, notwithstanding an au- by him to the bill H.R. 2299, making ap- Mr. LUGAR) submitted an amendment thorization by the Committee established by propriations for the Department of intended to be proposed by him to the UNSC Resolution 661 or its designee, or any other order to the contrary. Transportation and related agencies bill H.R. 2299, making appropriations SEC. 3. TERMINATION/PRESIDENTIAL CERTIFI- for the fiscal year ending September 30, for the Department of Transportation CATION. 2002, and for other purposes; which was and related agencies for the fiscal year This Act will remain in effect until such ordered to lie on the table; as follows: ending September 30, 2002, and for time as the President, after consultation At the appropriate place, insert the fol- other purposes; which was ordered to with the relevant committees in Congress, lowing: lie on the table; as follows: certifies to the Congress that: SEC. . General Mitchell International Air- On page 54, line 24, insert after ‘‘the State (a) the United States is not engaged in ac- port in Milwaukee, Wisconsin shall be con- of Illinois,’’ the following: ‘‘the State of Indi- tive military operations in enforcing ‘‘No- sidered as an alternative airport in any plan ana,’’. Fly Zones’’ in Iraq, supporting United Na- relating to alleviating congestion at O’Hare On page 54, line 25, insert after ‘‘affected tions sanctions against Iraq, preventing the International Airport. communities’’ the following: ‘‘(including af- smuggling by of Iraqi-origin petroleum and fected communities in Northwest Indiana).’’ petroleum products in violation of UNSC SA 1151. Mr. GRAHAM (for himself Resolution 986, complying with United Na- and Ms. SNOWE) submitted an amend- SA 1154. Mr. MURKOWSKI proposed tions Security Council Resolution 687 by ment intended to be proposed by him an amendment to the bill S. 1218, to ex- eliminating weapons of mass destruction, or otherwise preventing threatening action by to the bill H.R. 2299, making appropria- tend the authorities of the Iran and tions for the Department of Transpor- Iraq against the United States or its allies; Libya Sanctions Act of 1996 until 2006; and tation and related agencies for the fis- as follows: (b) resuming the importation of Iraqi-ori- cal year ending September 30, 2002, and At the appropriate place, insert the fol- gin petroleum and petroleum products would for other purposes; which was ordered lowing: not be inconsistent with the national secu- to lie on the table; as follows: SECTION 1. SHORT TITLE AND FINDINGS. rity and foreign policy interests of the On page 81, between lines 13 and 14, insert (a) This Title can be cited as the ‘Iraq Pe- United States. the following: troleum Import Restriction Act of 2001.’ SEC. 4. HUMANITARIAN INTERESTS. SEC. 350. (a) INCREASE IN AMOUNT FOR OPER- (b) FINDINGS.—Congress finds that— It is the sense of the Senate that the Presi- ATIONAL EXPENSES OF COAST GUARD FOR LAW (i) the government of the Republic of Iraq: dent should make all appropriate efforts to July 25, 2001 CONGRESSIONAL RECORD — SENATE S8247 ensure that the humanitarian needs of the cloned human embryos are available in the ‘‘16. Human Cloning ...... 301’’. Iraqi people are not negatively affected by laboratory because— (d) SENSE OF CONGRESS.—It is the sense of this Act, and should encourage through pub- (i) cloning would take place within the pri- Congress that— lic, private, domestic and international vacy of a doctor-patient relationship; (1) the Federal Government should advo- means the direct or indirect sale, donation (ii) the transfer of embryos to begin a preg- cate for and join an international effort to or other transfer to appropriate non-govern- nancy is a simple procedure; and prohibit human cloning, as defined in section mental health and humanitarian organiza- (iii) any government effort to prevent the 301 of title 18, United States Code, as added tions and individuals within Iraq of food, transfer of an existing embryo, or to prevent by this section; and medicine and other humanitarian products. birth once transfer has occurred would raise (2) the President should commission a SEC. 5. DEFINITIONS. substantial moral, legal, and practical study, to be conducted by the National Bio- (a) ‘‘661 Committee.’’ The term 661 Com- issues; and ethics Advisory Commission or a successor mittee means the Security Council Com- (B) so, in order to be effective, a ban on group, of the arguments for and against the mittee established by UNSC Resolution 661, human cloning must stop the cloning process use of cloning to produce human embryos and persons acting for or on behalf of the at the beginning; and solely for research, which study should— Committee under its specific delegation of (7) collaborative efforts to perform human (A) include a discussion of the need (if any) authority for the relevant matter or cat- cloning are conducted in ways that affect for human cloning to produce medical ad- egory of activity, including the overseers ap- interstate and even international commerce, vances, the ethical and legal aspects of pointed by the UN Secretary-General to ex- and the legal status of cloning will have a human cloning, and the possible impact of amine and approve agreements for purchases great impact on how biotechnology compa- any decision to permit human cloning for re- of petroleum and petroleum products from nies direct their resources for research and search upon efforts to prevent human the Government of Iraq pursuant to UNSC development. cloning for reproductive purposes; Resolution 986. (c) PROHIBITION ON HUMAN CLONING.— (B) include a review of new developments (b) ‘‘UNSC Resolution 661.’’ The term (1) IN GENERAL.—Title 18, United States in cloning technology which may require UNSC Resolution 661 means United Nations Code, is amended by inserting after chapter that technical changes be made to sub- Security Council Resolution No. 661, adopted 15, the following: section (c), to maintain the effectiveness of August 6, 1990, prohibiting certain trans- ‘‘CHAPTER 16—HUMAN CLONING this section in prohibiting the asexual pro- actions with respect to Iraq and Kuwait. ‘‘Sec. duction of a new human organism that is ge- (c) ‘‘UNSC Resolution 986.’’ The term ‘‘301. Definitions. netically virtually identical to an existing or UNSC Resolution 986 means United Nations ‘‘302. Prohibition on human cloning. previously existing human being; and Security Council Resolution 98, adopted (C) be submitted to Congress and the Presi- ‘‘§ 301. Definitions April 14, 1995. dent for review not later than 5 years after SEC. 6. EFFECTIVE DATE. ‘‘In this chapter: the date of enactment of this Act. The prohibition on importation of Iraqi or- ‘‘(1) HUMAN CLONING.—The term ‘human igin petroleum and petroleum products shall cloning’ means human asexual reproduction, SA 1156. Mr. BROWNBACK submitted be effective 30 days after enactment of this accomplished by introducing the nuclear ma- an amendment intended to be proposed Act. terial of a human somatic cell into a fer- tilized or unfertilized oocyte whose nucleus by him to the bill S. 723, to amend the Public Health Service Act to provide SA 1155. Mr. BROWNBACK submitted has been removed or inactivated to produce for human embryonic stem cell genera- an amendment intended to be proposed a living organism (at any stage of develop- tion and research; which was referred by him to the bill S. 723, to amend the ment) with a human or predominantly human genetic constitution. to the Committee on Health, Edu- Public Health Service Act to provide ‘‘(2) SOMATIC CELL.—The term ‘somatic cation, Labor, and Pensions; as follows: for human embryonic stem cell genera- cell’ means a diploid cell (having a complete tion and research; which was referred At the appropriate place, insert the fol- set of chromosomes) obtained or derived lowing: to the Committee on Health, Edu- from a living or deceased human body at any SEC. ll. PROHIBITION ON THE CREATION OF cation, Labor, and Pensions, as follows: stage of development. HUMAN EMBRYOS FOR RESEARCH At the appropriate place, insert the fol- ‘‘§ 302. Prohibition on human cloning PURPOSES. lowing: ‘‘(a) IN GENERAL.—It shall be unlawful for (a) IN GENERAL.—Title 18, United States SEC. ll. PROHIBITION ON HUMAN CLONING. any person or entity, public or private, in or Code, is amended by inserting after chapter (a) SHORT TITLE.—This section may be affecting interstate commerce— 15 the following: cited as the ‘‘Human Cloning Prohibition ‘‘(1) to perform or attempt to perform ‘‘CHAPTER 16—HUMAN EMBRYO Act of 2001’’. human cloning; CREATION (b) FINDINGS.—Congress finds that— ‘‘(2) to participate in an attempt to per- ‘‘Sec. (1) some individuals have announced that form human cloning; or ‘‘301. Definition. they will attempt to clone human beings ‘‘(3) to ship or receive the product of ‘‘302. Prohibition on the creation of human using the technique known as somatic cell human cloning for any purpose. embryos for research purposes. nuclear transfer already used with limited ‘‘(b) IMPORTATION.—It shall be unlawful for ‘‘§ 301. Definition success in cloning sheep and other animals; any person or entity, public or private, to (2) nearly all scientists agree that such at- import the product of human cloning for any ‘‘In this chapter the term ‘human embryo’ tempts pose a massive risk of producing chil- purpose. includes any organism not protected as a human subject under part 46 of title 45, Code dren who are stillborn, unhealthy, or se- ‘‘(c) PENALTIES.— of Federal Regulations, as of the date of en- verely disabled, and considered opinion is ‘‘(1) IN GENERAL.—Any person or entity virtually unanimous that such attempts are that is convicted of violating any provision actment of this chapter, that is derived by therefore grossly irresponsible and uneth- of this section shall be fined under this sec- fertilization, parthenogenesis, cloning, or ical; tion or imprisoned not more than 10 years, or any other means from one or more human (3) efforts to create human beings by both. gametes or human diploid cells. cloning mark a new and decisive step toward ‘‘(2) CIVIL PENALTY.—Any person or entity ‘‘§ 302. Prohibition on the creation of human turning human reproduction into a manufac- that is convicted of violating any provision embryos for research purposes turing process in which children are made in of this section shall be subject to, in the case ‘‘(a) IN GENERAL.—It shall be unlawful for laboratories to preordained specifications of a violation that involves the derivation of any person or entity, public or private, in or and, potentially, in multiple copies; a pecuniary gain, a civil penalty of not less affecting interstate commerce to create a (4) creating cloned live-born human chil- than $1,000,000 and not more than an amount human embryo for research purposes. dren (sometimes called ‘‘reproductive equal to the amount of the gross gain multi- ‘‘(b) PENALTIES.— cloning’’) begins by creating cloned human plied by 2, if that amount is greater than ‘‘(1) IN GENERAL.—Any person or entity embryos, a process which some also propose $1,000,000. that is convicted of violating any provision as a way to create embryos for research or as ‘‘(d) SCIENTIFIC RESEARCH.—Nothing in this of this section shall be fined under this sec- sources of cells and tissues for possible treat- section shall restrict areas of scientific re- tion or imprisoned not more than 10 years, or ment of other humans; search not specifically prohibited by this both. (5) the prospect of creating new human life section, including research in the use of nu- ‘‘(2) CIVIL PENALTY.—Any person or entity solely to be exploited and destroyed in this clear transfer or other cloning techniques to that is convicted of violating any provision way has been condemned on moral grounds produce molecules, DNA, cells other than of this section shall be subject to, in the case by many, as displaying a profound disrespect human embryos, tissues, organs, plants, or of a violation that involves the derivation of for life, and recent scientific advances indi- animals other than humans.’’. a pecuniary gain, a civil penalty of not less cate that there are fruitful and morally (2) CLERICAL AMENDMENT.—The table of than $1,000,000 and not more than an amount unproblematic alternatives to this approach; chapters for part I of title 18, United States equal to the amount of the gross gain multi- (6)(A) it will be nearly impossible to ban Code, is amended by inserting after the item plied by 2, if that amount is greater than attempts at ‘‘reproductive cloning’’ once relating to chapter 15 the following: $1,000,000. S8248 CONGRESSIONAL RECORD — SENATE July 25, 2001 ‘‘(c) SCIENTIFIC RESEARCH.—Nothing in this The PRESIDING OFFICER. Without America to the Organization for Eco- section shall restrict areas of scientific re- objection, it is so ordered. nomic Cooperation and Development, search not specifically prohibited by this COMMITTEE ON COMMERCE, SCIENCE, AND with the rank of Ambassador; and section.’’. TRANSPORTATION Randall Quarles, of Utah, to be (b) CLERICAL AMENDMENT.—The table of United States Executive Director of chapters for part I of title 18, United States Mr. REID. Mr. President, I ask unan- Code, is amended by inserting after the item imous consent that the Committee on the International Monetary Fund. relating to chapter 15 the following: Commerce, Science, and Transpor- The PRESIDING OFFICER. Without objection, it is so ordered. ‘‘16. Human Embryo Creation ...... 311’’. tation be authorized to meet on Wednesday, July 25, 2001, at 9:30 a.m. COMMITTEE ON GOVERNMENTAL AFFAIRS SA 1157. Mr. SMITH of New Hamp- on the nomination of Mary Sheila Gall Mr. REID. Mr. President, I ask unan- shire (for himself, Mr. HARKIN, and Mr. to be Chairman of the Consumer Prod- imous consent that the Committee on HATCH) submitted an amendment in- uct Safety Commission. Governmental Affairs be authorized to tended to be proposed by him to the The PRESIDING OFFICER. Without meet on Wednesday, July 25, 2001 at bill H.R. 2500, making appropriations objection, it is so ordered. 9:30 a.m. for a hearing regarding ‘‘Rat- for the Departments of Commerce, Jus- ing Entertainment Ratings: How Well COMMITTEE ON ENERGY AND NATURAL Are They Working for Parents and tice, and State, the Judiciary, and re- RESOURCES What Can Be Done To Improve Them?’’ lated agencies for the fiscal year end- Mr. REID. Mr. President, I ask unan- ing September 30, 2002, and for other The PRESIDING OFFICER. Without imous consent that the Committee on objection, it is so ordered. purposes; which was ordered to lie on Energy and Natural Resources be au- the table; as follows: COMMITTEE ON HEALTH, EDUCATION, LABOR, thorized to meet during the session of AND PENSIONS At the appropriate place, add the fol- the Senate on Wednesday, July 25 at Mr. REID. Mr. President, I ask unan- lowing: 9:30 a.m. to conduct a hearing. The imous consent that the Committee on SEC. . None of the funds made available in committee will receive testimony on Health, Education, Labor, and Pen- this Act may be used by the Department of legislative proposals relating to com- Justice or the Department of State to file a sions be authorized to meet for a hear- motion in any court opposing a civil action prehensive electricity restructuring ing on Fulfilling the Promise of Genet- against any Japanese person or corporation legislation, including electricity provi- ics Research: Ensuring Non-Discrimi- for compensation or reparations in which the sions of S. 388 and S. 597, and elec- nation in Health Insurance and Em- plaintiff alleges that, as an American pris- tricity provisions contained in S. 1273 ployment during the session of the oner of war during World War II, he or she and S. 2098 of the 106th Congress. Senate on Wednesday, July 25, 2001, at was used as slave or forced labor. The PRESIDING OFFICER. Without 9:30 a.m. f objection, it is so ordered. The PRESIDING OFFICER. Without NOTICES OF HEARINGS/MEETINGS COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. RESOURCES COMMITTEE ON INDIAN AFFAIRS COMMITTEE ON AGRICULTURE, NUTRITION, AND Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- FORESTRY imous consent that the Committee on imous consent that the Committee on Mr. HARKIN. Mr. President, I would Energy and Natural Resources be au- Indian Affairs be authorized to meet on like to announce that the Committee thorized to meet during the session of July 25, 2001, at 10:30 a.m. in room 216 on Agriculture, Nutrition, and For- the Senate on Wednesday, July 25 for Hart Senate Building to conduct a estry will meet on July 26, 2001 in SR– purposes of conducting a Full Com- hearing on the Indian Gaming Regu- 328A at 10:30 a.m. The purpose of this mittee business meeting which is latory Act. hearing will be to consider nomina- scheduled to begin at 9:45 a.m. The pur- The PRESIDING OFFICER. Without tions for positions at the Department pose of this business meeting is to con- objection, it is so ordered. of Agriculture. sider the nomination of Dan. R. COMMITTEE ON THE JUDICIARY COMMITTEE ON ENERGY AND NATURAL Brouillette to be an Assistant Sec- Mr. REID. Mr. President, I ask unan- RESOURCES retary of Energy (Congressional and imous consent that the Committee on Mr. BINGAMAN. Mr. President, I Intergovernmental Affairs). the Judiciary be authorized to meet to would like to announce for the infor- The PRESIDING OFFICER. Without conduct a hearing on Wednesday, July mation of the Senate and the public objection, it is so ordered. 25, 2001, at 10:00 a.m., in Dirksen 226, on that a nomination has been added to a ‘‘S. 1157, the Dairy Consumers and Pro- COMMITTEE ON FOREIGN RELATIONS full committee hearing previously an- ducers Protection Act of 2001.’’ nounced for Friday, July 27, at 9:30 Mr. REID. Mr. President, I ask unan- imous consent that the Committee on TENTATIVE WITNESS LIST a.m. in SD–366 for the purpose of re- Panel I: Daniel Smith, Esq., Execu- Foreign Relations be authorized to ceiving testimony on H.R. 308, to estab- tive Director, Northeast Interstate meet during the session of the Senate lish the Guam War Claims Review Dairy Compact Commission, Montpe- on Wednesday, July 25, 2001, at 11 a.m. Commission, and H.R. 309, to provide lier, VT; Gover Norquist, President, in SD–419, to hold a nomination hear- for the determination of withholding Americans for Tax Reform, Wash- ing on Thomas C. Hubbard, of Ten- tax rates under the Guam income tax. ington, D.C.; Stephen Burrington, Esq., nessee, to be Ambassador tot he Repub- The committee will also receive tes- Vice President, Conservation Law lic of Korea. Additional nominees to be timony on the nomination of Theresa Foundation, Boston, MA, and Burt Alvillar-Speake to be Director of the announced. Neuborne, Esq., New York University Office of Minority Economic Impact, The PRESIDING OFFICER. Without School of Law, New York. Department of Energy. objection, it is so ordered. Panel II: The Honorable Jonathan For further information, please call COMMITTEE ON FOREIGN RELATIONS Healy, Commissioner of Agriculture, Sam Fowler at 202/224–3607. Mr. REID. Mr. President, I ask unan- Commonwealth of Massachusetts, Bos- f imous consent that the Committee on ton, MA; The Honorable Harold Bru- Foreign Relations be authorized to baker, State Representative, State of AUTHORITY FOR COMMITTEES TO meet during the session of the Senate North Carolina, Asheboro, NC; Senator MEET on Wednesday, July 25, 2001, at 2 p.m. Lois Pines, Esq., former Massachusetts COMMITTEE ON AGRICULTURE, NUTRITION, AND to hold a nomination hearing on: State Senator, Newton, MA; Dr. James FORESTRY Carole Brookins, of Indiana, to be Beatty, Economist, Louisiana State Mr. REID. Mr. President, I ask unan- United States Executive Director of University, Franklinton, LA; and Rich- imous consent that the Committee on the International Bank for Reconstruc- ard Groder, Wisconsin Farm Bureau, Agriculture, Nutrition, and Forestry be tion and Development; Mineral Point, WI. authorized to meet during the session Ross J. Connelly, of Maine, to be Ex- The PRESIDING OFFICER. Without of the Senate on Wednesday, July 25, ecutive Vice President of Overseas Pri- objection, it is so ordered. 2001. The purpose of this meeting will vate Investment Corporation; SUBCOMMITTEE ON ECONOMIC POLICY be to mark up the short-term farm as- Jeanne L. Phillips, of Texas, to be Mr. REID. Mr. President, I ask unan- sistance package. Representative of the United States of imous consent that the Subcommittee July 25, 2001 CONGRESSIONAL RECORD — SENATE S8249 on Economic Policy of the Committee Mr. GRAHAM. Madam President, I ADJOURNMENT UNTIL TOMORROW on Banking, Housing, and Urban Af- ask unanimous consent that Andrea Mr. REID. Mr. President, if there is fairs be authorized to meet during the Witt and Matthew Baggett of my staff no further business to come before the session of the Senate on Wednesday, be allowed the privilege of the floor Senate, I ask unanimous consent that July 25, 2001, to conduct a hearing on during the duration of debate on this the Senate adjourn under the previous ‘‘Risks of a Growing Balance of Pay- legislation. order. ments Deficit.’’ The PRESIDING OFFICER. Without There being no objection, the Senate, The PRESIDING OFFICER. Without objection, it is so ordered. at 7:15 p.m., adjourned until Thursday, objection, it is so ordered. Mr. WELLSTONE. Madam President, July 26, 2001, at 12 noon. SUBCOMMITTEE ON INTERNATIONAL SECURITY, I ask unanimous consent that Steph- PROLIFERATION AND FEDERAL SERVICES anie Zawistowski be granted floor f Mr. REID. Mr. President, I ask unan- privileges. imous consent that the Committee on The PRESIDING OFFICER. Without NOMINATIONS Governmental Affairs’ Subcommittee objection, it is so ordered. Executive nominations received by on International Security Proliferation Mr. SMITH of Oregon. Madam Presi- the Senate July 25, 2001: and Federal Services be authorized to dent, I ask unanimous consent that meet on Wednesday, July 25, 2001 at Scott Holmer of my office be granted DEPARTMENT OF THE TREASURY 2:30 p.m. for a hearing regarding S. 995, floor privileges. JAMES GILLERAN, OF CALIFORNIA, TO BE DIRECTOR OF THE OFFICE OF THRIFT SUPERVISION FOR THE RE- the Whistleblower Protection Act The PRESIDING OFFICER. Without MAINDER OF THE TERM EXPIRING OCTOBER 23, 2002, VICE Amendments. objection, it is so ordered. ELLEN SEIDMAN, RESIGNED. The PRESIDING OFFICER. Without DEPARTMENT OF HOUSING AND URBAN objection, it is so ordered. f DEVELOPMENT SUBCOMMITTEE ON STRATEGIC UNANIMOUS CONSENT KENNETH M. DONOHUE, SR., OF VIRGINIA, TO BE IN- SPECTOR GENERAL, DEPARTMENT OF HOUSING AND Mr. REID. Mr. President, I ask unan- AGREEMENT—H.R. 2299 URBAN DEVELOPMENT, VICE SUSAN GAFFNEY, RE- imous consent that the Subcommittee SIGNED. Mr. REID. Mr. President, I ask unan- on Strategic of the Committee on NUCLEAR REGULATORY COMMISSION imous consent that second-degree Armed Services be authorized to meet amendments to the Transportation Ap- NILS J. DIAZ, OF FLORIDA, TO BE A MEMBER OF THE during the session of the Senate on NUCLEAR REGULATORY COMMISSION FOR THE TERM OF propriations Act may be filed until FIVE YEARS EXPIRING JUNE 30, 2006. (REAPPOINTMENT) Wednesday, July 25, 2001, at 9:00 a.m., 12:30 p.m. tomorrow, Thursday. in open session to receive testimony on ENVIRONMENTAL PROTECTION AGENCY The PRESIDING OFFICER. Without global power projection, in review of MARIANNE LAMONT HORINKO, OF VIRGINIA, TO BE AS- objection, it is so ordered. SISTANT ADMINISTRATOR, OFFICE OF SOLID WASTE, EN- the Defense Authorization Request for VIRONMENTAL PROTECTION AGENCY, VICE TIMOTHY fiscal year 2002. f FIELDS, JR., RESIGNED. The PRESIDING OFFICER. Without DELTA REGIONAL AUTHORITY NOMINATION DISCHARGED objection, it is so ordered. P. H. JOHNSON, OF MISSISSIPPI, TO BE FEDERAL CO- CHAIRPERSON, DELTA REGIONAL AUTHORITY. (NEW PO- SUBCOMMITTEE ON TECHNOLOGY, TERRORISM Mr. REID. Mr. President, as in execu- SITION) AND GOVERNMENT INFORMATION tive session, I ask unanimous consent DEPARTMENT OF STATE Mr. REID. Mr. President, I ask unan- that the HELP Committee be dis- JOSEPH M. DETHOMAS, OF PENNSYLVANIA, A CAREER imous consent that the Committee on charged from further consideration of MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF the Judiciary Subcommittee on Tech- the following nomination and that it MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES nology, Terrorism and Government In- be placed on the Executive Calendar: OF AMERICA TO THE REPUBLIC OF ESTONIA. formation be authorized to meet to Josefina Carbonell, of Florida, to be PATRICK FRANCIS KENNEDY, OF ILLINOIS, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF conduct a hearing on Wednesday, July Assistant Secretary for Aging, Depart- CAREER MINISTER, TO BE REPRESENTATIVE OF THE 25, 2001 at 2:00 p.m. in SD–226, on ‘‘Im- ment of Health and Human Services. UNITED STATES OF AMERICA TO THE UNITED NATIONS FOR THE U.N. MANAGEMENT AND REFORM, WITH THE proving Our Ability to Fight The PRESIDING OFFICER. Without RANK OF AMBASSADOR, VICE DONALD STUART HAYS. Cybercrime: Oversight of the National objection, it is so ordered. MICHAEL E. MALINOWSKI, OF THE DISTRICT OF COLUM- BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- Infrastructure Protection Center.’’ f ICE, CLASS OF MINISTER-COUNSELOR, TO BE AMBAS- WITNESS LIST SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF Panel I: Ron Dick, Director, National ORDERS FOR THURSDAY, JULY 26, NEPAL. Infrastructure Protection Center; Mr. 2001 ARLENE RENDER, OF VIRGINIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- Robert F. Dacey, Director, Information Mr. REID. Mr. President, I ask unan- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND Security Issues, General Accounting PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA imous consent that when the Senate TO THE REPUBLIC OF COTE D’IVOIRE. Office; Ms. Sallie McDonald, Assistant completes its business today, it ad- AGENCY FOR INTERNATIONAL DEVELOPMENT Commissioner, Office of Information journ until the hour of 12 noon, Thurs- PATRICK M. CRONIN, OF THE DISTRICT OF COLUMBIA, Assurance and Critical Infrastructure day, July 26. I further ask consent that TO BE AN ASSISTANT ADMINISTRATOR OF THE UNITED Protection, General Services Adminis- on Thursday, immediately following STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, VICE THOMAS H. FOX, RESIGNED. tration; and Mr. James A. Savage, Jr., the prayer and the pledge, the Journal Deputy Special Agent in Charge, Fi- of proceedings be approved to date, the NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES nancial Crimes Division, Secret Serv- morning hour be deemed expired, the ice. BRUCE COLE, OF INDIANA, TO BE CHAIRPERSON OF THE time for the two leaders be reserved for NATIONAL ENDOWMENT FOR THE HUMANITIES FOR A Panel II: Mr. Michehl R. Gent, Presi- their use later in the day, and there be TERM OF FOUR YEARS, VICE WILLIAM R. FERRIS, TERM dent, North American Electric Reli- 1 hour of debate equally divided be- EXPIRING. ability Council, and Mr. Christopher tween Senators DASCHLE and LOTT or f Klaus, Founder and Chief Technology their designees prior to the 1 p.m. clo- Officer, Internet Security Systems, ture vote on the substitute amendment CONFIRMATIONS Inc. to the Transportation Act. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Executive nominations confirmed by objection, it is so ordered. objection, it is so ordered. the Senate July 25, 2001: f DEPARTMENT OF HEALTH AND HUMAN SERVICES f PRIVILEGE OF THE FLOOR WADE F. HORN, OF MARYLAND, TO BE ASSISTANT SEC- RETARY FOR FAMILY SUPPORT, DEPARTMENT OF Mr. WELLSTONE. Madam President, PROGRAM HEALTH AND HUMAN SERVICES. I ask unanimous consent that Joe Mr. REID. Mr. President, as has been SMALL BUSINESS ADMINISTRATION Steinberg, an intern in our office, be outlined, the Senate will convene at 12 HECTOR V. BARRETO, JR., OF CALIFORNIA, TO BE AD- noon tomorrow, with 1 hour of debate MINISTRATOR OF THE SMALL BUSINESS ADMINISTRA- allowed to be on the floor during to- TION. day’s deliberations. prior to a 1 p.m. cloture vote on the THE ABOVE NOMINATIONS WERE APPROVED SUBJECT The PRESIDING OFFICER. Without substitute amendment to the Transpor- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY objection, it is so ordered. tation Appropriations Act. CONSTITUTED COMMITTEE OF THE SENATE. July 25, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E1419 EXTENSIONS OF REMARKS

INTERNATIONAL MONETARY the Treasury judged that it was not in our best crippled the Post with his failure to renew cru- STABILITY ACT interest, he would not have to do so. Nor cial television licenses, causing the paper’s would the Act restrict countries that wish to stock to plummet. During that crucial time, HON. PAUL RYAN dollarize: as is already the case, they could Katharine Graham showed the power of ex- OF WISCONSIN dollarize without qualifying to share seignior- posing truth. She championed the printing of IN THE HOUSE OF REPRESENTATIVES age. the groundbreaking story, and insisted that the Without the International Monetary Stability story be accurate and unbiased. Tuesday, July 24, 2001 Act, other relatively small countries may join From the depths of the Watergate scandal Mr. RYAN of Wisconsin. Mr. Speaker, today those I have mentioned and become officially to the top secret Defense Department reports I am reintroducing the International Monetary dollarized in the years to come. However, the on Vietnam known as the Pentagon papers, Stability Act, which I introduced in the previous larger the country, the higher its government Katharine’s stewardship of the Post and her Congress. The need for such an act is more and people perceive the economic and polit- indomitable spirit propelled her to become the pressing than ever. ical costs of dollarization to be. The larger de- most powerful woman in American newspaper Over the last decade there have been no veloping countries are precisely those whose history. fewer than seven major currency crises in de- currency crises have had the greatest inter- Katharine Graham commanded the largest veloping countries. They have occurred in Afri- national effect, including on the United States. Fortune 500 company ever run by a woman. ca’s CFA franc zone (1993–94), Mexico The International Monetary Stability Act would She was chairwoman of the Executive Com- (1994–95), East Asia (1997–98), Russia reduce the perceived costs of dollarization in mittee of the Washington Post Co., a Board (1998), Brazil (1999), Turkey (2001), and Ar- a way that would benefit both the United Member of the Associated Press and Presi- gentina (right now). In addition, there have States and countries interested in dollarizing. dent of the American Newspaper Publishers been numerous minor crises. It would provide a creative alternative to the Association. This great woman was also the These currency crises have often brought policy of big international bailouts, which are director of the newspaper Advertising Bureau recession, bank failures, and political upheaval well intentioned but have failed to prevent fur- Inc., a Trustee of the University of Chicago, to the countries concerned. Some have spilled ther crises in many of the countries that have George Washington University, and the Urban over to other countries and have even affected been the largest recipients. Institute, all this in addition to being a Pulitzer our own international trade and financial mar- Mr. Speaker, monetary stability is in the in- Prize winning author. kets. American workers who produce goods terest of the United States and the rest of the Katharine Graham’s impact on women and for export to developing countries have seen world. Through the International Monetary Sta- young girls has been far reaching. This won- their international competitiveness whipsawed bility Act we can help extend its benefits. derful woman fought to overcame gender in- by currency crises. It is no accident that, for f equities prevalent in corporate America. She example, U.S. steel producers have com- made it clear that women are a force to be plained about the practices of producers in IN HONOR OF KATHARINE reckoned with. Katharine Graham was a Brazil, South Korea, Russia, Ukraine—all GRAHAM Board Member of the National Campaign to countries that have had currency crises in re- Reduce Teenage Pregnancy and a strong ad- cent years. HON. JUANITA MILLENDER-McDONALD vocate for women’s issues. She had the heart Amid the currency turmoil that has affected OF CALIFORNIA of a champion, which was evident in her life’s so many countries, the U.S. dollar has re- IN THE HOUSE OF REPRESENTATIVES commitments and accomplishments. mained reliable. Though not perfect, the dollar I am honored to have known this pioneer in Tuesday, July 24, 2001 is the standard by which other currencies are my lifetime. To have known Mrs. Graham is to judged. The contrast between the performance Ms. MILLENDER-MCDONALD. Mr. Speaker, have known a trailblazing journalistic genius. of the dollar and the performance of most yesterday, Washington paid its last respect to Her legacy will live on through the Media pow- other currencies has created growing interest an outstanding noble woman whose insight, erhouse she built and the millions of lives she in official dollarization, whereby a country sub- courage and fortitude advanced one of this affected. I send my deepest sympathies to her stantially or totally replaces its own currency country’s leading newspapers. I am here to- family, friends, and colleagues. I will miss my with the dollar. By eliminating the national cur- night to pay tribute to a visionary, business ex- dear friend tremendously. rency, dollarization eliminates currency crises. ecutive, women’s rights activist, and a person f Until recently, Panama and a handful of micro- very dear to me—Katharine Meyer Graham. states were the only independent dollarized While her passing deeply saddens me, I re- HONORING JOHN TEETER OF countries. However, East Timor and Ecuador main encouraged and uplifted by her legacy of PRESCOTT, ARKANSAS became officially dollarized last year, joined by courage and empowerment. El Salvador this year. Dollarization is being Before Katharine Graham, the Washington HON. MIKE ROSS debated around the world, particularly in Latin Post was a parochial local paper that lacked OF ARKANSAS America. a national audience. Her profound vision and IN THE HOUSE OF REPRESENTATIVES An important barrier to official dollarization is intellect transformed the landscape of Amer- loss of seigniorage, the profit from issuing a ican journalism and raised the standards for Tuesday, July 24, 2001 currency. Currently, a country that dollarizes an impartial and free press. She took a small Mr. ROSS. Mr. Speaker, on Thursday, July loses seigniorage to the United States. Be- town paper and turned it into a national media 26, citizens in my hometown of Prescott, Ar- sides this economic cost, dollarization also giant known as the Washington Post Co., kansas, will be honoring one of our most be- has a political cost, which is the feeling that a whose holdings include the Washington Post loved citizens, Mr. John Teeter. Mr. Teeter country that gives up its national currency re- newspaper, Newsweek magazine, various tel- has devoted almost all of his adult life to serv- ceives no consideration from the United States evision and cable broadcast systems, and in- ing his community and the people of Nevada for doing so. terests in the International Herald Tribune and County. The International Monetary Stability Act the Los Angeles Times-Washington Post For decades, he served as a weather re- would permit the United States to share with News Service. porter in Prescott for the National Weather officially dollarized countries some of the extra During the Nixon Presidency, the full scope Service. His work helped to warn the weather seigniorage we would earn from them becom- of what became the Watergate Scandal would service and the community of incoming severe ing dollarized. The Act would not require the have never been known, had not this coura- weather, which no doubt helped to save the Federal Reserve to change U.S. monetary pol- geous woman stood up and said, ‘‘Print It!’’ lives of friends and neighbors. Whether rain, icy. Nor would the Act compel the United The Post became the nemesis of the Nixon sleet, snow or shine—through the heat of States to share seigniorage: if the Secretary of Administration. In turn, the President nearly summer and the cold of winter, through

∑ 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. E1420 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 droughts and floods—Mr. Teeter was there to I commend the pharmaceutical companies natives, such as rechanneling the money into record and report the conditions. As a weather who have made efforts to provide HIV/AIDS expanded drug rehabilitation at home reporter, he also worked with the Nevada medications available to Sub-Saharan Africa. A key component of Plan Colombia has been fumigation of coca crops. After fumi- County Rescue Unit to help them anticipate Also, I thank the 39 pharmaceutical compa- gating approximately 128,000 acres of coca— and respond to any severe weather disaster. nies for placing humanitarian concerns over along with people, farm animals and food In addition to his service to the National profits by dropping their suit against the South crops—the effort has only succeeded in relo- Weather Service and the rescue unit, Mr. Tee- African HIV/AIDS law earlier this year. cating the coca fields. ter has been a member of the Kiwanis Club However, if we do not act now whole cul- Most of the coca that used to grow in the for over 40 years, helping to improve the lives tures may perish before our very eyes. If we Putumayo province has moved to nearby of children in our community and throughout do nothing, our tacit acceptance of the HIV/ Narin˜ o. ‘‘And if they fumigate Narin˜ o, the the world, and he is still active with the organi- AIDS crisis in Africa and other developing problem will go to another place,’’ warned its governor, while governor of Putumayo es- zation. He also continues to man the Nevada countries is unforgivable. We must pass this timated that half the fields sprayed in his County Depot Museum in Prescott, which he amendment and allow developing countries area were food crops. has done for several years, showing students, the flexibility they need to provide cost-effec- The military component of Plan Colombia visitors, and their families around the local mu- tive treatment for people with HIV/AIDS. If for hasn’t fared much better. Colombia guer- seum at any time. any other reason, we should pass this amend- rillas now are seeking shelter in neighboring John Teeter is an outstanding example of ment for the children whose parents these Ecuador, spreading the violence. And by fail- the value of giving back to the community and drugs can keep alive. ing to deal with the murderous paramilitary units, the plan has increased bloodshed. On an inspiration to so many of us. As a young f boy growing up in Nevada County, he was a April 12 paramilitaries massacred 40 peas- ants and cut up their bodies with chainsaws, role model for me. Although I will be unable to SPEND COLOMBIA MONEY AT HOME and the war-related body count nationwide is attend the celebration on Thursday due to my up to about 20 a day. responsibilities here in our nation’s capitol, I The Andean Initiative’s solution to the join his family and friends in honoring him for HON. JANICE D. SCHAKOWSKY spreading mayhem is to continue military his lifetime of achievements, and I am grateful OF ILLINOIS aid to Colombia (about $363 million) and in- crease military aid to its six neighbors to de- for his many contributions to people of Pres- IN THE HOUSE OF REPRESENTATIVES cott, Nevada County, and the State of Arkan- fend themselves from the aftershocks. Ecua- Tuesday, July 24, 2001 dor and Brazil, for instance, would get about sas. I extend my warmest wishes to him for Ms. SCHAKOWSKY. Mr. Speaker, I want to $32 million and $16.3 million respectively to continued health and happiness in the years reinforce their borders with Colombia. to come. share with all of my colleagues the attached Bush’s initiative also provides social and f editorial from the July 21, 2001 Chicago Trib- economic aid to these countries—a welcome une that articulates a position that I share. change—but still nearly 55 percent of the en- DEPARTMENTS OF COMMERCE, That is that our counter-narcotics efforts in Co- tire package would go to military aid. JUSTICE, AND STATE, THE JUDI- lombia are misguided, have not achieved the Previous U.S. interventions succeeded only CIARY, AND RELATED AGENCIES stated goals of US policy toward that country, in moving coca production and drug violence APPROPRIATIONS ACT, 2002 and the funds required for implementation of from neighboring countries to Colombia. this policy would be better spent working to Now the process seems to be working in re- SPEECH OF verse. address substance abuse here in the United American addicts’ insatiable craving for HON. BOBBY L. RUSH States. narcotics—and the obscene profits to be OF ILLINOIS In the US, there are some 5.5 million people made by suppliers—doom most supply-side IN THE HOUSE OF REPRESENTATIVES in need of substance abuse treatment. The police or military tactics, particularly re- federal government only provides treatment mote-control operations masterminded from Wednesday, July 18, 2001 funding sufficient to cover 2 million of those in- Washington. Early in his administration, President The House in Committee of the Whole dividuals. That means that 3.5 million people in this country who are seeking treatment for Bush said he appreciated this reality and House on the State of the Union had under wanted to increase funding for drug adminis- consideration the bill (H.R. 2500) making ap- their substance abuse problems are turned tration programs. propriations for the Departments of Com- away. We know from a study conducted by Rethinking Plan Colombia and channeling merce, Justice and State, the Judiciary, and the Rand Foundation that dollar for dollar it is some or all of that money into treatment related agencies for the fiscal year ending twenty three times more effective to reduce and education programs would be a place to September 30, 2002, and for other purposes. drug consumption by investing in education, start. Such a U-turn would not be a typical Mr. RUSH. Mr. Chairman, I rise in support prevention, and providing treatment rather government move, but it is the most sensible of Representative WATERS and Representative than trying to eradicate drugs at their source. thing to do. KUCINICH’s amendment to restore the ability of Again, I strongly support the suggestion put f developing countries to make HIV/AIDS drugs forth by the attached editorial, that we should available to their citizens. While I understand redirect the money we are spending to battle ANNIVERSARY OF TURKEY’S the importance of the intellectual property drugs in Colombia toward more effective pro- INVASION OF CYPRUS rights of the companies that create these vital grams here in the US, and I urge all members drugs, my consciousness compels me to sup- to consider it when making decisions on US HON. GEORGE RADANOVICH port this amendment. I must support this policy toward Colombia and the Andean re- OF CALIFORNIA amendment out of a sense of morality and gion. IN THE HOUSE OF REPRESENTATIVES concern for my fellow mankind in Africa and [From the Chicago Tribune, July 21, 2001] other developing countries. Wednesday, July 25, 2001 HIV/AIDS is ravaging developing countries SPEND COLOMBIA MONEY AT HOME Mr. RADANOVICH. Mr. Speaker, today we and wiping out a whole generation of men and In government, failed policies seldom are pause to remember the anniversary of Tur- women. More than 25 million Africans are now re-thought let alone abandoned—they tend key’s invasion of Cyprus. Twenty-seven years to expand. Rather than blame flawed think- living with HIV and last year alone, 2.4 million ing or bad information, failure is interpreted ago an estimated 35,000 armed Turkish Africans died from the disease. Sub-Saharan as a sign of insufficient time or funding. troops invaded the small peaceful Mediterra- African women are now the fastest-growing During the past 18 months, the $1.3 billion nean island of Cyprus. Nearly 200,000 Greek HIV-positive population. anti-narcotics Plan Colombia has not mark- Cypriots lost their homes and became refu- The loss of mothers and fathers in Sub-Sa- edly reduced violence or drug production gees in their own country. To this date, Turk- haran Africa has resulted in a new social epi- there—or made it more difficult or expensive ish troops continue to occupy 37 percent of demic, parentless children. Two-thirds of to buy cocaine in the U.S. Undeterred by Cyprus’ territory. 500,000 orphaned children in South Africa lost such failure, however, the Bush administra- Simply put, the status quo in Cyprus is un- tion now is pushing a nearly $1 billion se- parents to HIV/AIDS, and over 30% of the quel, the Andean Counterdrug Initiative, acceptable and continues to have a detri- children born to HIV + women will develop pe- that largely reinforces and expands past mis- mental effect to the interests of the U.S. in the diatric AIDS. I have witnessed the orphanages takes. eastern Mediterranean. Without question, im- over-flowing with children who have lost par- Debate began this week on funding the new proving the relations and cooperation between ents to this disease and it is astonishing. initiative. Congress ought to consider alter- Greece and Turkey, two key NATO allies, is CONGRESSIONAL RECORD — Extensions of Remarks E1421 key to strengthening the stability of the region. adopt policies that will hopefully lead to an weeks, assignments to lower paying jobs, and Therefore, I urge the two parties to take the end to this abhorrent practice. early retirement. For those workers affected, long steps needed to demilitarize and launch In the wake of the passage of the Act, how- alternative employment opportunities in the a much needed initiative to promote a speedy ever, there is still a great deal of work to be surrounding area are hard to come by, and resolution on the basis of international law and done. According to the recently issued 2001 those who do find other manufacturing jobs democratic principles. We must have lasting Trafficking in Persons Report by the State De- are often paid significantly less than what they peace and stability on Cyprus. partment, 23 countries are listed in ‘‘Tier 3’’— previously made. The effects of these losses f signifying that they do not satisfy the law’s are felt right down the line—by workers’ fami- minimum standards to combat trafficking and lies and by other community businesses that FOREIGN OPERATIONS, EXPORT are not making significant efforts to bring simply cannot survive if their customers can FINANCING, AND RELATED PRO- themselves into compliance. no longer earn a paycheck. GRAMS APPROPRIATIONS ACT, It is my hope that this report will serve as Mr. Speaker, dumping has become such a 2002 a catalyst for reinvigorated international efforts problem because foreign producers are able to end human trafficking. We must continue to to sell well below market in the United States SPEECH OF work expeditiously to implement the provisions because their own home markets are closed HON. LOUISE McINTOSH SLAUGHTER of the Act, that provide tough new penalties to competition, allowing them to maintain high OF NEW YORK for persons convicted of trafficking in the at-home prices to subsidize losses abroad. In IN THE HOUSE OF REPRESENTATIVES United States. addition, subsidization of foreign producers by Beginning in 2003, those countries that are their governments is a primary reason why Tuesday, July 24, 2001 listed in ‘‘Tier 3’’ may be denied non-humani- massive overcapacity in the world steel indus- The House in Committee of the Whole tarian assistance from the United States, bar- try has been created and sustained. The House on the State of the Union had under ring a Presidential waiver. As a result, the structural problems in the world steel market consideration the bill (H.R. 2506) making ap- U.S. is now in a position to put pressure on have been created largely by the illegal prac- propriations for foreign operations, export fi- other nations to adopt policies that will eradi- tices of foreign producers, and the U.S. indus- nancing and related programs for the fiscal cate human trafficking practices inside and be- try should not be forced to suffer as a result. year ending September 30, 2002, and for other tween their borders. We are also in a position purposes: f to prosecute and punish the traffickers them- Ms. SLAUGHTER. Mr. Chairman, I rise in selves and thereby put an end to coordinated INTRODUCTION OF THE SAVE strong support of the Smith-Morella-Slaughter- kidnaping and exploitation of the most vulner- MONEY FOR PRESCRIPTION Lantos-Pitts amendment, to dedicate a total of able members of society. DRUG RESEARCH ACT $30 million of the bill’s funds to protect and I urge my colleagues to join me in sup- assist victims of trafficking in persons and help porting this amendment to ensure funding for HON. FORTNEY PETE STARK countries meet minimum standards for the efforts to assist victims of human trafficking, OF CALIFORNIA elimination of human trafficking. and aid countries in eliminating this egregious IN THE HOUSE OF REPRESENTATIVES I was proud to be a lead cosponsor of the criminal activity. Victims of Trafficking and Violence Protection Wednesday, July 25, 2001 f Act of 2000, Rep. SMITH’s bill to monitor and Mr. STARK. Mr. Speaker, I rise today to in- eliminate human trafficking here in the U.S. THE DUMPING OF FOREIGN STEEL troduce the Save Money for Prescription Drug and abroad. After an arduous six year struggle Research Act of 2001. The pharmaceutical in- to address the problem of sex trafficking with HON. JACK QUINN dustry is crying wolf, claiming that forced to re- my own legislation, last October I was pleased OF NEW YORK duce prescription drug costs for seniors, they to see this bill pass with strong bipartisan sup- IN THE HOUSE OF REPRESENTATIVES will be unable to continue lifesaving drug re- port. search and development. This bill allows them In June 1994, I first introduced legislation Wednesday, July 25, 2001 to stop wasting money on physician incentives addressing the growing problem of Burmese Mr. QUINN. Mr. Speaker, I rise today to and redirect those funds to R&D. It would do women and children being sold to work in the share a few remarks about the dumping of for- so by denying tax deductions to drug compa- thriving sex industry in Thailand. This legisla- eign steel into U.S. markets. Recently, the nies for certain gifts and benefits, excepting tion responded to credible reports indicating Korea Iron and Steel Association dispatched a product samples, provided to physicians and that thousands of Burmese women and girls steel trade mission to the United States to encourage use of such funds on R&D. were being trafficked into Thailand with false convey the Korean steel makers concern over Presently, these companies are spending promises of good payinng jobs in restaurants the United States movement to restrict imports billions of dollars on promotions to entice doc- or factories, and then forced to work in broth- of steel products, as well as to learn the posi- tors to prescribe their products, and these dol- els under slavery-like conditions. tion of the United States government and steel lars are tax deductible. According to a New As I learned more and more about this industry. This mission visited the USTR, De- York Times November 2000 article pharma- issue it became abundantly clear that this partment of Commerce, the ITC and the ceutical companies spent $12 billion in 1999 issue was not limited to one particular region American Iron and Steel Institute to express courting physicians, nurse practitioners, and of the world. In addition, I found that human the Korean industry’s concerns over the physician assistants hoping to influence their trafficking was not exclusively a crime of sex- United States’ stance on the recent start of a prescribing habits. Experts estimate that drug ual exploitation. Taken independently, sex traf- section 201 antidumping investigation. companies spend an average of between ficking is an egregious practice in and of itself. Mr. Speaker, it is no secret that the U.S. $8,000 and $13,000 on individual physicians It is also important, however, to be aware that steel industry is in crisis. As one who rep- every year. Gifts come in the form of watches, people are being illegally smuggled across resents thousands of people whose livelihood jewelry, trips and expensive meals. The New borders to work in sweatshops, domestic ser- relies on the steel industry, I can assure you York Times article lists one example where vitude, or other slaverylike conditions. I was that the injury suffered by the U.S. industry SmithKline Beecham offered physicians a pleased to see that the Victims of Trafficking and the people it supports is very real. $250 ‘consulting fee’ and choice of entr6e at and Violence Protection Act recognized the full The steel crisis has produced casualties at an expensive restaurant, merely for agreeing magnitude of human trafficking and included every level in America’s steel communities. As to attend an update on use of a cholesterol- provisions that effectively seek to address a result of the most recent wave of dumped reducing drug. These campaigns contribute to human trafficking. steel imports, over 23,000 good steel jobs preference and rapid prescribing of new drugs, The Act set forth policies not only to mon- have been lost and 18 steel companies have and decreased prescribing of generics. In itor, but to eliminate trafficking here in the U.S. filed for bankruptcy since the beginning of other words, tax deductible dollars contribute and abroad. More importantly, it does so in a 1998. Anyone who thinks that these problems to the rising prices of prescription drugs. way that punishes the true perpetrators, the are a thing of the past that were cured by the For years the pharmaceutical industry has traffickers themselves, while at the same time last round of steel orders should know that ten claimed that the high price of prescription taking the necessary steps to protect the vic- of those 18 bankruptcies have occurred in the drugs is due to investment in research and de- tims of these heinous crimes. It uses our na- last 8 months. velopment. A recent Families USA report, tion’s considerable influence throughout the Several thousand workers, beyond those however, indicated that this might not be the world to put pressure on other nations to laid off, were forced to accept reduced work case. The report showed that at eight major E1422 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 pharmaceutical companies, investment in mar- rence O. Gostin, an expert in health privacy In an effort to save money, and also to keting, advertising and administration was at the Georgetown University Law Center. avoid this influence, some clinics and hos- more than double the investment in R&D. At In describing the profiles as ‘‘a funda- pitals have imposed a ban on free drug sam- mental violation’’ of that privacy, Mr. ples and visits from sales representatives and Pfizer, for example, 39% of the net revenue, Gostin said they also raise ‘‘an extremely discourage doctors from taking consulting more than $11 billion, went to these expenses, important policy question, which is to what fees like the one offered by Bayer and while only 15% of revenues were devoted to extent are health care prescribing practices SmithKline Beecham. R&D. influenced by commercial concerns?’’ Among them is the Everett Clinic in Wash- It is unquestionable that the research and That question is now front and center in ington State, a group practice of 180 doctors development of new drugs is an expensive the political debate. With the price of pre- that cares for 250,000 patients. Its officials process. However, if the pharmaceutical in- scription medication high on the national say that drug costs have declined since the dustry intends to claim that it cannot afford re- agenda, the impact of marketing on the cost ban. of pharmaceuticals is at issue. But while the ‘‘Pharmaceutical marketing would often search if drug prices for seniors are reduced, public discussion has focused largely on the lead to physicians prescribing more costly perhaps they ought to more carefully consider recent trend toward advertising directly to medicines than are necessary,’’ the clinic’s their priorities. Clever marketing ploys that in- patients, the industry still spends most of its medical director, Dr. Al Fisk, said. fluence physician prescribing habits do little to money wooing doctors. But Dr. Bert Spilker, a senior vice presi- actually save lives, but do much to increase Of the $13.9 billion that the drug companies dent with the Pharmaceutical Research and corporate profits. spent promoting their products last year, 87 Manufacturers of America, an industry trade Denying the pharmaceutical industry the percent, or about $12 billion, was aimed at group, said marketing ‘‘serves an essential doctors and the small group of nurse practi- ability to deduct expenditures for gifts to physi- function in the health care delivery system’’ tioners and physicians’ assistants who can by helping to educate doctors, so they can cians is a solid step toward providing Ameri- prescribe some medications, about one mil- prescribe drugs more appropriately. cans with access to more lifesaving drugs. By lion prescribers all told. Drug companies, however, are often reluc- redirecting drug company promotional expend- ‘‘The pharmaceutical industry has the best tant to disclose details about their mar- itures to their R&D budgets, the American market research system of any industry in keting efforts, particularly the use of pre- public would reap the benefit of increased the world,’’ said Mickey C. Smith, a pro- scriber profiles. medical breakthroughs. Gifts from pharma- fessor of pharmaceutical marketing at the ‘‘If we talk about what we do and how we ceutical companies do not improve health care University of Mississippi. ‘‘They know more do it,’’ said Jan Weiner, a spokeswoman for about their business than people who sell for patients. Merck & Company, ‘‘then our competitors coffee or toilet paper or laundry detergent will know a whole lot more than they know This bill I am introducing today eliminates because they truly have a very small group now.’’ the tax incentives currently in place that en- of decision makers, most of whom still are THE A.M.A. MASTER LIST courage drug companies to continue to give physicians.’’ gifts to doctors to influence their prescribing. It Pharmaceutical sales representatives have Singling out doctors is not new, but de- tailed prescriber profiles have been available is my hope that the industry will redirect these been a staple of American medicine for dec- ades. Their courtship of doctors is intensive only since the early 1990’s, when most phar- dollars from existing gift practices to R&D. The macies adopted computer systems to process pharmaceutical industry claims it needs finan- and expensive, and their largess runs the gamut, from trinkets like prescription pads insurance claims, said Pat Glorioso, a mar- cial help to increase R&D efforts. This bill and pens, to staff lunches at hospitals and keting executive at I.M.S. Health, a leading gives them billions of new dollars for precisely medical offices and offers of free weekends at pharmaceutical market research concern that purpose. I urge the pharmaceutical indus- resorts. and one of two companies that specialize in try to use these funds more wisely. I hope that Prescriber profiles play a significant role collecting records of pharmacy sales. Through the profiles, a drug company can my colleagues will join with me in supporting in the courtship; pharmaceutical marketers say they use the reports to help determine identify the highest and lowest prescribers of this endeavor to increase investment in the re- a particular medicine in a single ZIP code, search and development of life saving drugs in which doctors should be offered certain perks. And the perks themselves worry eth- county, state or the entire country. They the private sector. ics officials at the American Medical Asso- can learn, for example, which [From the New York Times, Nov. 16, 2000] ciation, who are trying to discourage doctors antidepressants a particular psychiatrist fa- from accepting them, even as the associa- vors. HIGH-TECH STEALTH BEING USED TO SWAY ‘‘It’s very flexible in the way we can slice DOCTOR PRESCRIPTIONS tion’s business side sells information that fa- cilitates the giving of gifts. and dice the information,’’ Ms. Glojioso said. (By Sheryl Gay Stolberg and Jeff Gerth) Dr. Moskowitz, of West Palm Beach, Fla., ‘‘As technology has improved, we havejust As a busy internist, Dr. Bruce Moskowitz is one example. In late August, he received ridden that wave.’’ frequently prescribes cholesterol-lowering an invitation from two drug companies, the When pharmacies sell records of prescrip- medicines and osteoporosis drugs for his el- Bayer Corporation and SmithKline Beecham, tion drug sales, they do not show names of derly patients. Like most physicians, he is asking him to a private dinner at the patients or, in some cases, their doctors. But no stranger to pharmaceutical sales rep- Morton’s of Chicago Steakhouse, an expen- those records are typically coded with iden- resentatives, and he often chats with them sive chain restaurant not far from his West tification numbers issued by the Drug En- about his preference in medication. Palm Beach office, on the evening of Sept. forcement Administration to doctors for the But the drug companies know more about 18. purpose of tracking controlled substances. Dr. Moskowitz than he realizes. Over the The topic was high cholesterol, including The government sells a list of the numbers, past decade, with the advent of sophisticated an update on Baycol, a drug the two compa- with the corresponding names attached, for computer technology, pharmaceutical manu- nies jointly market. For his feedback, Dr. fees that can nin up to $10,200 a month, de- facturers have been quietly compiling re- Moskowitz would be designated a consultant pending on how widely the list will be dis- sumes on the prescribing patterns of the na- and given a $250 honorarium, along with his tributed. tion’s health care professionals, many of choice entree. He declined. The American Medical Association, mean- whom have no idea that their decisions are ‘‘Drug companies ask me, How can we while, sells the fights to what it calls its open to commercial scrutiny. change your prescribing, what would it take, ‘‘physicians’ master file’’ to dozens of phar- These ‘‘prescriber profiles’’ are the center- do you want to serve as a consultant?’’ Dr. maceutical companies, as well as I.M.S. piece of an increasingly vigorous—and appar- Moskowitz said. ‘‘The schemes get more and Health and other market research concerns. ently successful—effort by drug makers to more desperate.’’ Though only about 40 percent of American sway doctors’ prescribing habits. To create Although most doctors do not believe that doctors are dues-paying members of the med- them, pharmaceutical marketers are buying such entreaties affect their professional be- ical association, the database has detailed information from pharmacies, the federal havior, some studies suggest otherwise. Dr. personal and professional infor-mabon, in- government and the American Medical Asso- Ashley Wazana, a psychiatry resident at cluding the D.E.A. number, on all doctors ciation, which generates $20 million in an- McGill University in Montreal, recently ana- practicing in the United States. nual income by selling biographies of every lyzed 29 studies on the effects of gifts to doc- Pharmaceutical marketers consider Lhe American doctor. tors. master file the gold standard for reference The profiles do not contain patient names. Published in January in The Journal of the information about doctors. Combined with But they do offer drug companies a window American Medical Association, Dr. Wazana’s the records of pharmacy sales, the file helps into one half of the doctor-patient relation- analysis found an association between meet- create portraits of individual doctors, their ship. And they are raising important public ings with pharmaceutical representatives specialties and interests. As the nation’s policy questions, both about the privacy of and ‘‘awareness, preference and rapid pre- largest doctors’ group, the medical associa- doctors’ prescribing decisions, and how much scribing of new drugs and decreased pre- tion has maintained the master file for near- commercial pressures influence them.‘‘As an scribing of generics.’’ ly 100 years, and has licensed it for more extension of the doctor-patient relationship, His conclusion? ‘‘We are influenceable,’’ than 50. It is so complete, A.M.A. officials doctors are entitled to privacy,’’ said Law- Dr. Wazana said. say, that even the dead are included. CONGRESSIONAL RECORD — Extensions of Remarks E1423 ‘‘We’re trying to provide a reliable data- But when Dr. Moskowitz and the reporter paign. In addition, The Journal of the Amer- base, which is accurate, so that it can be showed up at Morton’s, the Boron LePore ican Medical Association devoted the bulk of used appropriately to focus efforts on moderator, Alexander Credle, told them to its Nov. I issue to conflict of interest in med- There are some restrictions, Dr. Reardon leave. icine, including an essay entitled ‘‘Financial said: the roster cannot be sold to tobacco ‘‘This is a clinical experience meeting, a Indigestion’’ that questioned the effects of companies and it cannot be used to deceive therapeutic discussion,’’ Mr. Credle said. pharmaceutical company gifts on doctors’ doctors or the public. While they say sale of ‘‘There is an expected degree of confiden- professional behavior. the master file brings about $20 million in tiality.’’ But some prominent doctors say the med- annual income to the association, officials Dr. Moskowitz asked Mr. Credle why he ical association needs to address its own would not say what they charge individual was invited; Mr. Credle had no answer. But role, as a seller of information that helps companies. in an interview a few weeks after the dinner, drug marketers select which doctors to tar- Much of the information in the associa- John Czekanski, a senior vice president at get. tion’s database is available from sources Boron LePore, said the invitations were ‘‘It potentiates this gift giving, and implic- scattered around the country. But one major ‘‘based on databases targeting physicians’’ itly endorses it,’’ said Dr. David Blumenthal, element is not: the medical education num- who prescribe cholesterol-lowering drugs or a professor of health policy at Harvard Med- ber, which the A.M.A. assigns to new medical who might. ical School who has used the A.M.A.’s data students in order to track them throughout Boron LePore calls these dinner sessions for his academic research. their careers. Most doctors do not even know ‘‘peer-to-peer meetings,’’ and in 1997, it acted they have one. as host at 10,400 of them. Typically, they fea- The sale of the master file to drug compa- This number, which enables computers to ture presentations from medical experts, on nies, Dr. Blumenthal said, ‘‘hands the weap- sort through the huge A.M.A. master file, is the theory that doctors are receptive to the on to the drug company that the A.M.A. is ‘‘the core element in the database of track- views of their peers. With new drugs coming saying is an illicit weapon.’’ ing physicians,’’ said Douglas McKendry, a onto the market all the time, physicians are Dr. Reardon, the past president of the med- sales executive at the Acxiom Corporation, a hungry for information about them. Pharma- ical association, dismisses such a connec- pharmaceutical marketing company that re- ceutical companies say it is that desire for tion. Doctors are responsible for their own cently formed a partnership with the med- education, rather than a free meal or modest decisions about whether to accept gifts, he ical association to manage the database. honorarium, that draws many doctors to the said, adding, ‘‘I don’t think the database has ‘‘The A.M.A. data helps identify the indi- meetings. anything to do with ethical behavior of phy- vidual physicians that are being targeted,’’ But the dinners are creating unease among sicians.’’ Mr. McKendry said. officials of the American Medical Associa- Dr. Reardon noted that drug marketers Doctors who do not want their names sent tion’s Council on Ethical and Judicial Af- could obtain information about doctors from to marketers can ask the association to re- fairs, which in 1990 published guidelines that other sources, including the federal govern- move them from the file, Dr. Reardon said. limit what gifts doctors may accept. The ment. But Mr. Gostin, the privacy expert at But in interviews, several prominent doctors guidelines, which have also been adopted by Georgetown, who is also the health law and said they were unaware that their biog- the Pharmaceutical Research and Manufac- ethics editor of The Journal of the American raphies were being sold. turers’ Association, the drug industry trade Among them is Dr. Christine K. Cassel, a Medical Association, said that did not justify group, prohibit token consulting arrange- former president of the American College of the association’s action. ments. but permit ‘‘modest meals’’ that Physicians and chairman of the department ‘‘We live in a society where, if you comb serve ‘‘a genuine educational function.’’ of geriatrics at Mount Sinai School of Medi- long enough and hard enough with sophisti- Compliance is voluntary, and Dr. Herbert cine in Manhattan. In Dr. Cassel’s view, in- cated enough search tools, you can find just Rakatansky, who is chairman of the formation about doctors’ prescribing habits about everything,’’ Mr. Gostin said. ‘‘That A.M.A.’s ethics council, says doctors rou- may appropriately be used by their health doesn’t mean it’s all right for people to as- tinely ignore the rules. That is in part be- plans to improve quality of care. She called semble it, make it easy and sell it.’’ cause they are murky, as the dinner at the commercial use of the data outrageous, As for Dr. Moskowitz, he is still receiving Morton’s reveals. saying, ‘‘This is not about quality. It’s about invitations from drug companies, despite his Whether the dinner was intended to edu- sales.’’ longstanding habit of spuming them. One ar- cate doctors, or was part of a marketing rived on Oct. 18, from Aventis Pharma- DINNER AND A MOTIVE campaign, or both, is not clear. In the $7.2 ceuticals and Procter & Gamble Pharma- Pharmaceutical marketing is big business billion market for the cholesterol-lowering ceuticals, who jointly market Actonel, an not only for drug companies, but also for drugs known as statins, Baycol ranks last in osteoporosis drug. companies firms like I.M.S. Health and sales, with just $106 million in sales last Acxiom, which cater to them. year. Bayer and SmithKline Beecham re- Attendance at the meeting, scheduled for Overall spending on pharmaceutical pro- cently introduced a new dosage for the drug, Saturday , will be limited to 12 doctors, the motion increased more than 10 percent last and the companies said invitation said. Breakfast and lunch will be year, to $13.9 billion from $12.4 billion in 1998. ‘‘As far as we’re concerned, it’s edu- served; in between, there will be a clinical Experts estimate that the companies collec- cational,’’ said Carmel Logan, a spokes- discussion of osteoporosis, with 30 minutes tively spend $8,000 to $13,000 a year per physi- woman for SmithKline Beecham. But Tig reserved for doctors’ feedback. The hono- cian. In recent years, as demands on doctors’ Conger, the vice president of marketing for rarium is $1,000. time have grown more intense, pharma- cardiovascular products at Bayer, said the ceutical marketers say they have been company intended to teach a select group of f forced to become more creative. doctors about Baycol, then use their feed- ‘‘You have to have a hook,’’ said Cathleen back to hone its marketing message. And Al- Croke, vice president of marketing for Ac- HONORING PILGRIM ARMENIAN lison Wey, a spokeswoman for Boron LePore, CONGREGATIONAL CHURCH cess Worldwide Communications Inc., which said the dinner was ‘‘part education and part specializes in drug marketing. ‘‘if you offer marketing.’’ them $250, that might get them. Or they are attracted to the prestige of being a consult- RAISING ETHICS QUESTION HON. GEORGE RADANOVICH ant, that a company is asking for their opin- While Dr. Rakatansky, of the A.M.A., OF CALIFORNIA ion.’’ could not comment specifically on the The offer of dinner and a $250 consulting Baycol meeting, he had harsh words for IN THE HOUSE OF REPRESENTATIVES fee was sufficient to draw about a dozen these dinners in general. Wednesday, July 25, 2001 South Florida physicians to Morton’s in ‘‘We think 99 percent of those are shams,’’ West Palm Beach on Sept. 18. They gathered he said. ‘‘They are marketing devices and Mr. RADANOVICH. Mr. Speaker, I rise there, on a muggy Monday night, in a back not true requests for information,’’ today to honor Pilgrim Armenian Congrega- room called the boardroom, where a slide As to whether the dinner fit the ‘‘modest tional Church for its 100 years of service to meal’’ criteria, that, too, is unclear, because show and a moderator from Boron, LePore & the Armenian community. The church was Associates Inc., the market research firm the guidelines offer no specifics. At Morton’s hosting the event, awaited their arrival. in West Palm Beach, the entrees range from founded with only fourteen members on Janu- Dr. Moskowitz, who has been in practice in $19.95 for chicken to $32.95 for filet mignon— ary 26, 1901. West Palm Beach since 1978 and heads a a la carte. The sales manager, Lauren The first Armenian settlers to the area did group of 12 doctors, says he routinely re- Carteris, said the restaurant frequently was not speak English. They formed the Armenian ceives—and rejects—such invitations. the site of pharmaceutical meetings for Congregational Church so they could worship The Morton’s dinner was not open to the Boron LePore. together, in their native tongue. Although it public; had Dr. Moskowitz accepted, he ‘‘Doctors,’’ Ms. Carteris said, ‘‘will only go would have been required to sign a confiden- to an expensive restaurant.’’ started with small numbers, church member- tiality agreement. Instead, he told the com- To heighten doctors’ awareness about the ship has grown steadily over the years. In its panies he intended to take a reporter for The ethics of accepting gifts, the medical asso- 100 years, the church has had eight full-time New York Times. ciation is beginning an educational cam- pastors and several interim pastors who have E1424 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 all served with much pride. Church members IN SUPPORT OF THE IRAN-LIBYA FOREIGN OPERATIONS, EXPORT remain very dedicated to the church congrega- SANCTIONS ACT FINANCING, AND RELATED PRO- tion, and the numbers continue to increase. GRAMS APPROPRIATIONS ACT, Members of the church are committed to SPEECH OF 2002 their congregation, raising every dollar them- HON. JANE HARMAN SPEECH OF selves for the construction of new buildings. OF CALIFORNIA Pilgrim Armenian Congregational Church has IN THE HOUSE OF REPRESENTATIVES had three different houses of worship, all in- HON. LOUISE McINTOSH SLAUGHTER creasing in size to meet the demands of the Tuesday, July 24, 2001 OF NEW YORK congregation. The church has also established Ms. HARMAN. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES two additional funds, with all the income from speak in support of the Iran-Libya Sanctions Tuesday, July 24, 2001 those funds to be used solely for church Act. ILSA is an important part of our commit- needs. Many community members have found ment to prevent the proliferation of weapons of The House in Committee of the Whole a home within Pilgrim Armenian Congrega- mass destruction and missile technology to House on the State of the Union had under tional Church. Iran and Libya. consideration the bill (H.R. 2506) making ap- Mr. Speaker, I want to congratulate Pilgrim I wish I could stand here today and say that propriations for foreign operations, export fi- nancing and related programs for the fiscal Armenian Congregational Church for its dedi- sanctions on Iran were no longer necessary. I cation to the community over the past 100 year ending September 30, 2002, and for other wish I could say that Iran has responded to purposes: years. I urge my colleagues to join me in wish- diplomatic overtures, halted its weapons pro- ing Pilgrim Armenian Congregational Church grams, or stopped threatening Israel and our Ms. SLAUGHTER. Mr. Chairman, had the and its members many more years of contin- other allies in the Middle East. Kaptur amendment been made in order, I ued success. But the reasons why we passed this law five would have supported it. The Kaptur amend- f years ago are even more pressing today. ment would have required that no less than While moderate leaders may be gaining $125 million of the bill’s funds be provided to TRIBUTE TO WAYNE power in Iran, reform has yet to reach their Ukraine. The bill caps funding to Ukraine at DeFRANCESCO, 2001 PGA CLUB foreign policy. $125 million, 90 percent of which goes to hu- PROFESSIONAL CHAMPION In fact, Iran and Libya are both seeking to manitarian aid and non-governmental assist- enhance their capabilities for producing and ance programs. This represents a $44 million HON. BENJAMIN L. CARDIN using weapons of mass destruction. Tehran is reduction in funding from last year. While I OF MARYLAND intent on bolstering her already significant support measures to ensure funding for IN THE HOUSE OF REPRESENTATIVES chemical weapons arsenal and developing nu- Ukraine, I also have serious concerns about Wednesday, July 25, 2001 clear and biological weaponry, while Libya is recent events in Ukraine that have impeded steps toward a fully democratic society. Mr. CARDIN. Mr. Speaker, I rise today to again openly seeking expertise and tech- I have been a strong supporter of Ukraine honor Mr. Wayne DeFrancesco, an assistant nology needed for chemical weapons. In the throughout my tenure in Congress. In past professional at the Woodholme Country Club case of Iran at least, this has led the CIA to years, I have taken a leading role in sup- in Baltimore, Maryland. Mr. DeFrancesco has conclude that it ‘‘remains one of the most ac- porting increased funding for Ukraine. These just won the 34th annual PGA Club Profes- tive countries seeking to acquire weapons of efforts, along with those of my colleagues, sional Championship and has done so in dra- mass destruction,’’ and the State Department have made Ukraine the third-largest recipient matic style. to find that it ‘‘remained the most active state He won the Club Professional Champion- sponsor of terrorism in 2000.’’ of U.S. aid. But, evidence of political corrup- ship with an amazing three stroke victory, Sanctions work best when part of a com- tion, suppression of the media and instability overcoming a double bogey on the fourth and prehensive plan to combat proliferation. They in the Ukrainian government have called this a bogey on the fifth hole. He solidified his win require the support of our partners abroad. aid into question. with a 17 foot, par-saving putt on the twelfth Sanctions under ILSA are therefore an impor- In April, the Communist-dominated Ukrain- hole and a 15 foot uphill birdie on the six- tant tool not simply to increase pressure on ian parliament voted to dismiss Prime Minister teenth hole. Mr. DeFrancesco became just the Iran but also to encourage Europe and Russia Viktor Yushchenko and his government. The third person ever to win this championship to cooperate with us on nonproliferation and ouster of Prime Minister Yushchenko and his wire-to-wire, but the first in tournament history counter-terrorism. While ILSA is often a sore cabinet, widely viewed as the most successful to have sole possession of first place in all spot in our relations with Europe, the threat of govenmnent since Ukraine gained independ- four rounds. sanctions is getting the job done. When Presi- ence in 1991, is likely to slow down reforms at This great victory is of little surprise consid- dent Clinton waived sanctions against a for- this most crucial time. This vote comes in the ering that Mr. DeFrancesco has devoted a life- eign investment consortium, including Total midst of the ongoing political crisis sparked by time to the sport. He started his career as a SA of France and Gazprom of Russia, the EU revelations on secretly recorded tapes impli- Washington D.C. area high school champion and Russia promised greater cooperation on cating the involvement of President Leonid and as letterman for Wake Forest University. counter-terrorism and limiting the transfer of Kuchma and high government officials in the Over the last twenty five years, Mr. technology to Iran. case of murdered journalist Heorhiy DeFrancesco has won countless numbers of On a recent delegation to Russia led by Gongadze. Most recently, another journalist, regional tournaments while at the same time DICK GEPHARDT, I met with members of the Ihor Oleksandrov, who sought to expose cor- working as an instructor in clubs along the Russian Space Agency and found that our ruption and organized crime was brutally mur- East Coast. He has served as an editor to the programs to counter the proliferation of missile dered by four men with clubs. Washington Golf Monthly Magazine and as a technology are paying off We have invested The State Department Annual Human guest instructor on the Golf Channel. In 2000, much time and money in working with the Rights Country Report on Ukraine cites a he was recognized for his expert instruction as Russian Space Agency on the International mixed human rights record and notes the fail- #42 among golf’s greatest teachers, by Golf Space Station, and the result is that they have ure to curb institutional corruption and abuse Digest. also improved cooperation on preventing the in the Ukrainian government. One starling ex- We are living in a time when golf has a re- sale of missile technology to Iran. We need to ample of government corruption that has come newed excitement. Tiger Woods and Annika expand these joint efforts with the Russians, to my attention is the case of U.S. investment Sorenstam have captured the imaginations of so that we may begin to make progress in fund, New Century Holdings. This investment people from all across the country. They have areas where they have not been as coopera- company has been repeatedly thwarted in its done so with skill, perseverance, and a strong tive—such as the transfer of nuclear tech- efforts to develop a hotel it owns along with work ethic that have brought this great game nology. the City of Kiev. Despite owning a controlling to new heights of popularity. In that same spir- We cannot ease our commitment to prevent interest in the hotel, New Century Holdings it Wayne DeFrancesco has mastered his craft. proliferation of weapons of mass destruction to has been prevented access to the hotel, as Mr. Speaker, I want to congratulate this fine Iran—we must step up our efforts with pas- local police have taken over the building for athlete on a terrific accomplishment and I wish sage of ILSA. I await the day when reform in themselves. New Century Holdings has ap- him the best of luck when he competes for the Iran means that they will no longer threaten pealed to the Mayor and other local officials to PGA Championship at the Atlanta Athletic the United States and Israel. Until then, we no avail, and the Ukrainian government has Club in August. must maintain effective, targeted sanctions. been unable or unwilling to help. Meanwhile, CONGRESSIONAL RECORD — Extensions of Remarks E1425 the hotel remains undeveloped and the com- PUERTO RICAN CONSTITUTION Also, we must not forget the unsung heroes, pany’s investment in Ukraine remains unreal- DAY who continue to devote a large part of their ized. lives to make all this possible. Therefore, I sa- I value the strong relationship between the HON. DENNIS J. KUCINICH lute the families, scout leaders, and countless United States and Ukraine. However, Ukraine OF OHIO others who have given generously of their will never be a full partner of the United IN THE HOUSE OF REPRESENTATIVES time and energy in support of scouting. States, unless it fully embraces democracy It is with great pride that I recognize the and human rights. Ukraine has made signifi- Wednesday, July 25, 2001 achievements of Anne, Megan, Arielle, and cant progress in the ten years since it became Mr. KUCINICH. Mr. Speaker, I rise to honor Rebecca, and bring the attention of congress independent, but pervasive corruption, lack of the citizens of Puerto Rico on Constitution to these successful young women on their day media freedoms, and the conduct of the inves- Day, July 25, 2001. The people of Puerto Rico of recognition. tigation of the Gongadze case call into ques- established the Constitution of the Common- f tion Ukraine’s commitment to being a fully wealth of Puerto Rico for the very same rea- democratic nation and hold Ukraine back from sons our forefathers wrote the Constitution of HONORING SUSAN AND JAMES reaching its immense potential. the United States of America, to establish PETROVICH It is my hope that the debate on this amend- themselves as a democracy. ment will send a positive message to the gov- The Puerto Rican Constitution ensures HON. LOIS CAPPS ernment of Ukraine, that the U.S. Congress basic welfare and human rights for the people, OF CALIFORNIA will not simply rubber stamp funding requests ensconces the idea of a government which re- IN THE HOUSE OF REPRESENTATIVES for the Ukraine, without also considering the flects the will of the people, and pays tribute Wednesday, July 25, 2001 serious issues involved in Ukraine’s demo- and loyalty to the Constitution of the United cratic development. I am prepared to continue States of America. Mrs. CAPPS. Mr. Speaker, I would like to to work with Ukraine to determine how Con- The Puerto Rican culture is a distinctly pay special tribute to two extraordinary citi- gress can best assist them in staying on the unique culture. By pledging allegiance to the zens of the Santa Barbara community, Susan road toward democracy and a free-market Constitution of the United States of America, and James Petrovich. This couple has de- economy. the people of Puerto Rico celebrate shared voted so much of their time to various commu- With this in mind, this fall the Congress- beliefs and the co-existence of both cultures. nity organizations and events that it is difficult Rada Parliamentary Exchange Group will con- By ratifying their own Constitution, the people to imagine what Santa Barbara would be like vene for the first time here in Washington. I of Puerto Rico retain and honor their original without them. Because of their dedication, the urge all Members concerned about the evident heritage while expressing the desire to pursue United Boys and Girls Club will be honoring setbacks in Ukraine, to take advantage of this democracy and happiness for themselves. them on July 28, 2001. opportunity to meet with our Ukrainian coun- Mr. Speaker, I would like to recognize the As graduates of the University of California terparts to share views on how both our coun- following individuals for their contributions to at Santa Barbara, the Petrovichs realized they tries can work to continue Ukraine on its path the Greater Cleveland community: Ana Iris had stumbled upon their ideal community, and toward a fully democratic society. Rosario, Roberto Ocasio, Hector Vega, Maria decided to make Santa Barbara their perma- Senquis, Dolly Guerrero Velez, Pastor Jose Ji- nent home. After her graduation, Susan at- f menez, Victor Matos, Henry Guzman, Esther tended the Hastings College of Law in San Francisco, but soon returned to the Central HONORING SAM KADORIAN Monclova Johnson, Abelino ‘‘Al’’ Lopez, Yo- landa Figueroa, Betty Villanueva, and Juan Coast to become one of the few female law- Alberto Gonzalez. I hope that my fellow col- yers in Santa Barbara during the 1970s. HON. GEORGE RADANOVICH leagues will join me in honoring these individ- Throughout her legal career, Susan has con- OF CALIFORNIA uals and praising the Puerto Rican people as sistently dedicated her legal talents to helping IN THE HOUSE OF REPRESENTATIVES they celebrate Constitution Day. others. She helped write the Santa Barbara County Agricultural Element in attempt to pre- f Wednesday, July 25, 2001 serve agricultural lands, and authored a ballot Mr. RADANOVICH. Mr. Speaker, I rise RECOGNIZING STUDENTS FROM measure to regenerate oak trees. She also today to honor Sam Kadorian for being named NEW YORK serves on the site location committee for the ‘‘Man of the Year’’ by the Armenian-American Santa Barbara Montessori School, and sup- Citizen’s League (A.A.C.L.). Mr. Kadorian re- HON. STEVE ISRAEL ports the Legal Aid Foundation, the Santa Bar- ceived the award at the A.A.C.L.’s 68th An- OF NEW YORK bara Women Lawyers Scholarship Foundation, nual State Convention held in Van Nuys, CA. IN THE HOUSE OF REPRESENTATIVES and the Santa Barbara County Cattlemen’s Sam Kadorian is a survivor of the Armenian Association. Her active involvement on all of Genocide of 1915 and a longtime member of Wednesday, July 25, 2001 those committees clearly demonstrates Su- the A.A.C.L. Sam was eight years old at the Mr. ISRAEL. Mr. Speaker, it is with great san’s dedication. time of the genocide and narrowly escaped pride that I rise today to recognize four of New Susan’s committed dedication to Santa Bar- death. He was on the bottom of a pile of bod- York’s outstanding young students: Anne Ca- bara is only equaled by the involvement her ies that were being stabbed with swords. One ruso, Megan Lockhart, Arielle Buck, and Re- husband James has demonstrated towards of the swords missed his chest by inches, becca Ambrose. In August, the young women the community. James has been a local real leaving only a scar on his right cheek. Sam of their troop will honor them by bestowing estate broker and investor for over 25 years, and his mother survived, but unfortunately upon them the Girl Scouts Gold Medal. and his talents in these fields have earned him Sam lost his father, brother, two sisters, and Since the beginning of this century, the Girls several national and lifetime achievement other friends and relatives in the Armenian Scouts of America have provided thousands of awards. His talents have been especially ap- Genocide. youngsters each year the opportunity to make parent in Santa Barbara, where he has man- Sam and his mother eventually boarded a friends, explore new ideas, and develop lead- aged to negotiate properties ranging from ship for the United States, deciding to settle in ership skills while learning self-reliance and beachfront motels to the open space that is Chicago. At the age of 35 Sam joined the teamwork. now Santa Barbara’s largest regional park, United States Army where he served as a These awards are presented only to those Elings Park. photographer. After his time in the U.S. Army, who possess the qualities that make our na- However, James’ community activism Sam moved to Southern California where he tion great: commitment to excellence, hard doesn’t end with his real estate skills. He is joined the Arrmenian-American Citizens’ work, and genuine love of community service. the past president of the Santa Barbara Lions League. Since joining the A.A.C.L. Mr. The Gold Awards represent the highest Club and the immediate past president of the Kadorian has been very active in the Los An- awards attainable by Junior and high school Santa Barbara County Sheriff’s Council. He geles Chapter, serving in many capacities. Girl Scouts. has been an active fund-raiser for the Ben Mr. Speaker, I want to honor Sam Kadorian I ask my colleagues to join me in congratu- Page Youth Center, and is a member on sev- for being named ‘‘Man of the Year’’ by the Ar- lating the recipients of these awards, as their eral boards, including that of the Music The- menian-American Citizen’s League. I urge my activities are indeed worthy of praise. Their ater of Santa Barbara, the Elings Park Foun- colleagues to join me in wishing Sam leadership benefits our community and they dation, and the City’s PARC Foundation, Kadorian many years of continued success. serve as role models for their peers. which funds many park projects. James has E1426 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 also served on the boards of CALM and is a developing long-term flood protection and so- dian child in ICWA child custody proceedings, founding trustee of United Against Crime. He lutions. Cities from Wahpeton to Grand Forks and in any other proceedings involving the de- has also co-chaired the site committee for the to my hometown of Valley City, will have the termination of an Indian child’s custody, in- City’s new police headquarters. flood protection so desperately needed thanks cluding divorce proceedings. Because James and Susan Petrovich truly to the leadership and dedication of Ken It clarifies that ICWA applies to voluntary appreciate how wonderful it is to live in Santa Kasprisin. There is no doubt that the Corps consents to termination of parental rights and Barbara, they have adapted a unique philos- and North Dakota has been well-served under voluntary consents to adoptive, preadoptive ophy about the community, and strive to give his leadership. and foster care placements. back to the community the same amount of While Ken will be leaving the Corps of Engi- It clarifies and adds exacting details on set- joy and success the community has given to neers and the U.S. Army after a distinguished ting limits on when an Indian birth parent may them. It is obvious that the Petrovichs have career of 26 years, we are very fortunate that withdraw his or her consent to an adoption. more than adequately given their share back he will continue in public service with the Fed- It clarifies that tribe’s are to receive notice of to this community, and have aptly contributed eral Emergency Management Agency (FEMA). voluntary adoptive placements of Indian chil- in making Santa Barbara a truly special place FEMA Director Joe Allbaugh could not have dren and details the content of notice when an to live. I hope all of my colleagues will join me made a better choice! As he takes the reigns Indian child is placed for an adoption. in acknowledging the Petrovichs on their hon- as regional director for Region X at FEMA, It clarifies in detail the intervention by an In- orable contributions to the Santa Barbara Ken will continue to serve as an effective pub- dian tribe and sets specific time frames for Community. lic servant. I have no doubt that Ken will be a intervention by a tribe in the voluntary foster f true asset to the agency and to the many peo- care placement proceeding and voluntary ple who are impacted by natural disasters adoptive proceeding. It also requires tribes to IN RECOGNITION OF COLONEL each year. I wish him all the best in his new show why it considers a child to be covered KENNETH S. KASPRISIN position. by the ICWA. f It provides for a detailed notice to parents HON. EARL POMEROY when a child is placed for adoption. OF NORTH DAKOTA INDIAN CHILD WELFARE ACT It provides detailed requirements for re- IN THE HOUSE OF REPRESENTATIVES AMENDMENTS OF 2001 sumption of jurisdiction over child custody pro- ceedings. Wednesday, July 25, 2001 HON. DON YOUNG It imposes criminal sanctions on any indi- Mr. POMEROY. Mr. Speaker, I rise today to OF ALASKA vidual, group or association who knowingly recognize Colonel Kenneth S. Kasprisin. IN THE HOUSE OF REPRESENTATIVES conceals whether a child is an Indian child or Three years ago, Ken assumed the position of whether a parent is an Indian. Commander with the St. Paul District of the Wednesday, July 25, 2001 Finally, the bill provides further clarification Corps of Engineers. During that time, I have Mr. YOUNG of Alaska. Mr. Speaker, I rise of the definition of ‘‘Indian child’’ and ‘‘Indian come to know Ken not only as a fine, trusted today to introduce legislation with my col- child’s tribe’’ as applied in child custody pro- public servant, but also as an extraordinary leagues, Congressman J.D. HAYWORTH of Ari- ceedings. friend. zona, Congressman DAVE CAMP of Michigan I think it is appropriate that Congress further Throughout his time with the Corps, Ken and Congressman CHRIS CANNON of Utah to clarifies the ICWA to ensure that American In- has set the highest standards for himself and amend the Indian Child Welfare Act (ICWA). dian and Alaska Native children are not the people with the St. Paul District. Ken’s This legislation has been drafted with the input snatched from their families or tribal commu- drive and determination in working to make of the Association on American Indian Affairs, nities without cause. In a recent July 1, 2001 the Corps and the St. Paul District truly re- Tanana Chiefs Conference, National Indian article in the San Antonio Express News, the sponsive to the needs of the people has re- Child Welfare Association, National Congress story stated that ‘‘This year, the head of the sulted in service that is unmatched and pales of American Indians, tribal attorneys and the Child Welfare League of America offered in comparison to other districts within the American Academy of Adoption Attorneys. It American Indians something they have longed Corps of Engineers. He is a man of great in- has always been my intent to have all affected to hear for more than three decades: an apol- tegrity, with a deep commitment to the issues parties participate in the legislative process in ogy for taking American Indian children.’’ (San he works on. I have been impressed both by the drafting of ICWA amendments. Antonio Express News, Sunday, July 1, 2001 his sincerity and his ability to look beyond the In 2001, we still have American Indian and Article ‘‘Torn from their roots; The unfortunate box to understand and advocate for proposals Alaska Native children being adopted out of legacy of the Indian Adoption Project is that it that are in the best interests of communities families, tribal communities and states. We has separated many Native Americans from throughout the district. As Ken departs from continue to have this problem in Alaska and I their culture’’). his service with the Corps, he leaves behind have been asked to introduce ICWA amend- ‘‘It was genuinely believed that Indian chil- a remarkable record of accomplishments that ments to further clarify ICWA. dren were better off in white homes,’’ said is matched by the dedication with which he Specifically, the bill details jurisdiction of Terry Cross, Executive Director of the National has served. child custody and child adoption proceedings Indian Child Welfare Association. (San Antonio No matter what challenge is posed, Ken is that involve an Indian child. Express News, Sunday, July 1, 2001 Article). able to tackle it head on and is always able to The bill has a couple of specific provisions That changed in 1978 when Congress meet or exceed it. Ken’s keen ability to sift which outline jurisdiction in Alaska since Alas- passed the Indian Child Welfare Act. ‘‘Even through complex issues has been well recog- ka is not a reservation state (outside of now, Cross cites problems. Sometimes social nized by those within the Corps of Engineers Metlakatla). The bill states that an Indian tribe workers are not properly trained to identify and by Members of Congress. His work ethic in Alaska shall have concurrent jurisdiction children as Indian. Or agencies fail to notify has been nothing but top-notch as he has with the State of Alaska over voluntary and in- tribes of adoptions’’. (San Antonio Express fought for improvements within the district. In voluntary child custody proceedings involving News, Sunday, July 1, 2001 Article). particular, Ken has been diligent in his efforts an Indian child who resides or is domiciled in I believe that these FY 2001 ICWA amend- to bring much needed relief to the folks in the Alaska. Additionally, a person seeking to ments to be acceptable legislation which will Devils Lake Basin who have been plagued by adopt an Indian child in the State of Alaska, protect the interests of prospective adoptive years of flooding. He has fought hand and may file an adoption petition at any time in the parents, Native extended families, and most hand with the North Dakota congressional del- tribal court of the Indian child’s tribe. If the trib- importantly, American Indian and Alaska Na- egation as we have worked to implement al court agrees to assume the jurisdiction over tive children. workable solutions to this crisis. the proceeding, that tribal court has exclusive The Committee on Resources will seek ad- Earlier this year, as communities in North jurisdiction and no adoptive placement or pro- ditional input from the Department of Justice, Dakota and Minnesota battled the rising water ceeding can continue in the state court. the Department of the Interior and the Depart- of the Red River, Ken led efforts coordinating The bill makes conforming technical amend- ment of Health and Human Services. I am the emergency response to ensure residents ments conditioning an Indian tribe’s existing hopeful that these agencies will again em- and businesses received the vital protection right of intervention. brace this legislation so that we can affirm this they needed. But his commitment does not It clarifies that State and tribal courts are re- country’s commitment to protect Native Amer- end there. Ken has worked with many commu- quired to accord full faith and credit to tribal ican families and promote the best interest of nities throughout my state of North Dakota in court judgments affecting the custody of an In- Native children. CONGRESSIONAL RECORD — Extensions of Remarks E1427 I urge and welcome support from my col- sible for approximately 107,000 deaths and (EZ/EC) Flexibility Act of 2001, to provide leagues in further clarifying the ICWA to en- 668,362 hospitalizations. Furthermore, its dev- funding authority and correct some inequities sure no more American Indian or Alaska Na- astating effects drain the U.S. economy of an and inconsistencies with the Round II pro- tive children are lost. estimated $30.4 billion each year. gram. In 1999, 15 Round II urban and 5 rural f COPD is an umbrella term used to describe empowerment zones were awarded to com- the airflow obstruction associated mainly with munities which designed the best strategic FIVE STRAIGHT STATE TITLES emphysema and chronic bronchitis. Emphy- plans for comprehensive revitalization. The FOR SIXTH DISTRICT BASEBALL sema—which affects three million Americans Empowerment Zone program is a 10 year TEAM causes irreversible lung damage by weak- project that targets federal grants to distressed ening and breaking the air sacs within the urban and rural communities for community HON. HOWARD COBLE lungs. An additional nine million Americans and economic development and provides tax OF NORTH CAROLINA suffer from chronic bronchitis, an inflammatory and regulatory relief to attract or retain busi- disease that begins in the smaller airways of nesses. IN THE HOUSE OF REPRESENTATIVES the lung and gradually advances to the larger Cumberland County, located in my Congres- Wednesday, July 25, 2001 airways. Both conditions decrease the lungs’ sional District, is one of the 15 urban sites na- Mr. COBLE. Mr. Speaker, on June 25, the ability to take in oxygen and remove carbon tionwide to win this designation, which is ex- Sixth District of North Carolina became the dioxide. Long-term smoking—the most com- pected to create more than 6,000 new jobs home of the AAU North Carolina State Cham- mon cause of COPD—is responsible for 80– over 10 years. Unfortunately, Cumberland pionship baseball team for the fifth straight 90 percent of all cases, while other risk factors County has only received approximately $8.5 year. The Jamestown Jaguars captured the include heredity, second-hand smoke, air pol- million of the $30 million expected over the title after five tough games, winning four of lution, and a history of frequent childhood res- past 3 years. Round II empowerment zones them and losing only one. The Jaguars have piratory infections. Common symptoms of did not receive the same Title XX block grant been the North Carolina State Champions COPD include shortness of breath, chronic mandatory spending authority as the Round I since 1997. coughing, chest tightness, and increased effort zones did in 1997 and have to rely on the dis- Concord, North Carolina was the site of the to breathe. cretionary appropriations process each year. final showdown between the Jaguars and the Mr. Speaker, I have focused on respiratory Even though the President requested full fund- Catawba Valley Storm. The Storm gave the health care issues for many years, and I re- ing in FY02 ($150 million for the EZ program) Jaguars their only tournament loss in the third ceive numerous letters from my constituents the House Appropriations Committee did not game, by a score of 3–2. The rematch for the back in Florida, who live with progressive include any funding for urban zones for the Championship ended with the Jaguars winning chronic respiratory illnesses, asking me to next fiscal year. 5–1. raise their voices on Capitol Hill. COPD is The legislation I am introducing today pro- Coach Dean Sink complemented the team’s devastating and is not receiving the appro- vides general funding authorization for the athletic ability and effort, telling the Jamestown priate amount of attention. In 1999, COPD Round II EZ/ECs by authorizing the Secretary News that ‘‘their maturity and camaraderie on was the fourth leading cause of death in Flor- of HUD to make grant awards totaling and off the field is what really sets them ida, and the most current estimates from the $100,000,000 to each of the 15 Round II apart.’’ National Health Lung and Blood Institute show urban empowerment zones and the Secretary The Jaguars are in Tennessee to begin the COPD incident rates to be on the rise—in fact, of Agriculture to make grant awards totaling AAU Nationals in Kingsport from July 26 while incident rates of all other leading causes $40,000,000 to each of the Round II rural em- through August 3. of death in America are decreasing, COPD is powerment zones and grant awards totaling increasing. By 2020, the Center for Disease Congratulations are in order for Head Coach $3,000,000 to each of 20 rural enterprise com- Control believes COPD will be the third lead- Dean Sink and his assistant coaches. munities. This designation runs until 2009, and ing cause of death in the United States. Members of the championship team include our zones must receive assurance that Con- Unfortunately, there is no cure for this pro- Anthony Autry, Chad Baker, T.J. Clegg, Travis gress will support continued funding, other- gressive and irreversible disease. But, if pa- High, Gator Lankford, Jessie Lewter, Matt wise, they cannot be expected to operate and tients receive early diagnosis, there are treat- McSwain, Mitch Sailors, Alex Sink, J.K. achieve long term capital plans or leverage ment plans available to provide symptom relief Whited, and Kunta Hicks. The Jaguars are private sector commitments to major infra- and slow the progression of COPD. 16 million coached by Dean Sink and his assistants, structure projects. Americans have been diagnosed with COPD, David Baker, Chuck Sharp, and Tony Clegg. and an equal number suffer from the disease This legislation also includes clarification of On behalf of the citizens of the Sixth Dis- but have yet to be diagnosed. the law which allows EZ/ECs to apply for com- trict, we congratulate the Jamestown Jaguars It is likely that we all know somebody with munity renewal status without the risk of losing on winning the state title and we wish them COPD—whether we live with it personally, or already appropriated Federal funds. We have the best of luck in the coming national tour- have a family member, friend or staff member included language to broaden the definition of ney. with COPD. Designating the month of October ‘‘economic development’’, which is the es- f as COPD awareness month is an opportunity sence of the Zone’s strategic plan, and have for us all to familiarize ourselves with COPD granted specific authorization for grants to be H. CON. RES. 197: COPD AWARE- used as matching funds for other relevant fed- NESS MONTH—OCTOBER 2001 so that we can attempt to alleviate the suf- fering and hopefully reduce the death rate as- eral grant programs, all in an effort to offer the sociated with COPD. Please support this EZ/EC program maximum flexibility. For every HON. CLIFF STEARNS much-needed resolution. federal EZ dollar obligated, there are ten more dollars from the private sector committed to OF FLORIDA f economic development in Cumberland County. IN THE HOUSE OF REPRESENTATIVES ROUND II EMPOWERMENT ZONE/ Our communities have already invested Wednesday, July 25, 2001 ENTERPRISE COMMUNITY FLEXI- considerable resources in securing the Round Mr. STEARNS. Mr. Speaker, today along BILITY ACT OF 2001 II EZ/EC designations. Congress has a re- with my distinguished colleague from Georgia, sponsibility to carry out its promise to these I rise to introduce a resolution that would des- HON. FRANK A. LoBIONDO distressed communities by making federal funding and tax incentives available to ensure ignate this October as Chronic Obstructive OF NEW JERSEY new jobs, revitalize neighborhoods and spur Pulmonary Disease awareness month. This IN THE HOUSE OF REPRESENTATIVES resolution will address the unmet need of rais- economic growth over the next decade. ing the level of national awareness of Chronic Wednesday, July 25, 2001 It is vital that we secure full funding for Obstructive Pulmonary Disease, or COPD—a Mr. LOBIONDO. Mr. Speaker, today, I am Round II Empowerment zones and Enterprise debilitating disease that affects an estimated introducing, along with my colleague Con- communities, so they may continue and com- 32 million Americans, is currently the nation’s gressman Capuano and other Members of the plete their federally approved economic devel- fourth leading cause of death, but yet little is Empowered Communities Caucus, the Round opment plans. I urge the House to adopt the known about it. In 1998 COPD was respon- II Empowerment Zone/Enterprise Community legislation before us today. E1428 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 IN MEMORY OF JACQUELINE work to promote peace and Justice in the Is- for a job well done. This strong group of fine CARDELUCCI lamic community. Mr. Mohammed is the cur- young athletes deserves special recognition. rent President of the Muslim American Soci- HON. KEN CALVERT ety. f In 1992, Imam W. Deen Mohammed was OF CALIFORNIA HEALTH CARE SERVICES TO IN THE HOUSE OF REPRESENTATIVES the first Muslim to deliver an invocation on the floor of the United States Senate. In addition, UNDOCUMENTED RESIDENTS Wednesday, July 25, 2001 he was invited to participate in the Presidential Mr. CALVERT. Mr. Speaker, I rise today to Inaugural Ceremonies and offered a prayer at HON. GENE GREEN honor and pay tribute to an individual whose those ceremonies. In 1995, the World Con- OF TEXAS dedication to the community and to the overall ference on Religion and Peace selected Mo- IN THE HOUSE OF REPRESENTATIVES well being of the city of Riverside, California, hammed as International President of their or- was unparalleled. Riverside was indeed fortu- ganization. Wednesday, July 25, 2001 nate to have such a dynamic and dedicated Imam W. Deen Mohammed is a recipient of Mr. GREEN of Texas. Mr. Speaker, I rise to business and community leader who willingly the Luminosa Award from the Focolare Move- introduce legislation which would allow states and unselfishly gave of her time and talents to ment for his promotion of peace and inter-reli- and localities to provide primary and preven- make her community a better place in which gious dialogue. In 1997, President Bill Clinton tive health care services to undocumented to live and work. The individual I am speaking appointed Mohammed to the Religious Advi- residents. of is Jacqueline ‘‘Jackie’’ Cardelucci. I was for- sory Council within the State Department. Mo- According to some estimates, there are as tunate to have been able to call her my friend. hammed has also worked to establish a gen- She died this week in her home after a long many as nine million undocumented residents uine dialogue with leaders of Christianity, Ju- battle with cancer at the age of 63. currently living in the United States. The Per- daism, Islam and other faiths in his promotion Jackie Cardelucci gave much during her sonal Responsibility and Work Opportunity of universal human excellence. years to her community and the whole of the Reconciliation Act of 1996 (PRWORA) pro- Inland Empire. Born in Huntington Park, Jack- Mr. Speaker, I wish to honor Imam W. Deen hibits public hospitals from providing free or ie Cardelucci moved to Riverside where she Mohammed for his efforts in support of human discounted preventive service to undocu- lived for 18 years. A fixture in the community, excellence. I urge my colleagues to join me in mented immigrants—even if they pay for such Jackie was a talented businesswoman and wishing him many more years of continued services with State or local funds. PRWORA never shied away from community involve- success. does, however, allow public hospitals to pro- ment. She was co-owner of National Environ- f vide emergency room services. mental Waste Corporation (NEWCO) and This system has created a crisis in our na- TRIBUTE TO WEST GENESEE’S International Rubbish Service with her hus- tion’s emergency rooms. Because undocu- WOMEN’S VARSITY LACROSSE band, Sam, for over 32 years. In that capacity mented residents cannot afford to see the TEAM she served as the companies’ Public Relations doctor for routine physicals and preventive Director with the City of Riverside business medicine, they arrive in the emergency room customers. HON. JAMES T. WALSH with costlier, often preventable, health prob- On a community level, Jackie served in an OF NEW YORK lems. The Federation for American Immigra- impressive array of boards and organizations IN THE HOUSE OF REPRESENTATIVES tion Reform estimates that 29 percent of this even while receiving chemotherapy treatments population uses hospital and other emergency for her cancer over the past eight years. Her Wednesday, July 25, 2001 services in a given year, compared to the 11 philanthropic endeavors included the Mission Mr. WALSH. Mr. Speaker, on Saturday, percent use by the general U.S. population. Inn Foundation Executive Board, Riverside Art June 9, 2001, the West Genesee Wildcats de- The costs of this broken system are espe- Alliance, Riverside Art Museum, Associate feated Bay Shore to win the New York State cially burdensome for our nation’s public hos- University of California at Riverside, Riverside Class A Women’s Lacrosse Championship. pitals. Harris County Hospital District, in my Community Hospital 2000 Century, President The Wildcats won the Class A final with a 16– hometown of Houston, Texas, estimates that of the Riverside Republican Women Fed- 10 victory over Bay Shore to top off an im- emergency room care for undocumented resi- erated for three years, Riverside Opera Guild, pressive 22–1 season and a dominant playoff dents cost taxpayers, insurance companies, and Armenian & International Women’s Asso- run. and patients $225 million over the last three ciation. This talented group was guided by this years. Hospitals in New York State provide a My deepest condolences go to her husband year’s All-CNY girls lacrosse coach, Bob total uncompensated care for undocumented of 43 years, Sam; her son and daughter-in- Elmer, who is now in his second year leading residents of $300 million to $380 million each law, Mark and Cathie; two brothers, Elisha the Wildcats. The State Champion Lady Wild- year—almost one third of uncompensated and Ben; and two grandchildren, Jessica and cats previously won the Section III Champion- care for the state. Catherine. I send my prayers to them during ship and Upstate Regional to advance to the Mr. Speaker, people should not enter any this time of loss. State Championship game. nation illegally, But I cannot understand a Mr. Speaker, looking back at Jackie’s life, The Lady Wildcats’ star player is none other health care system that forces patients to let we see a life full of courage, tenacity and de- than the CNY Player of the Year, Martha their health problems escalate into full fledged votion to her family and community. Her gifts Dwyer. West Genesse is also home to three emergencies before it will provide them care. to Riverside and the Inland Empire led to the other CNY team members: Chrissy Zaika, Wouldn’t it make more economic sense to betterment of those who had the privilege to Meghan O’Connell and Nicole Motondo. The cover preventive services rather than let ill- come in contact or work with Jackie. Honoring 2001 Class A Championship team also in- nesses develop into painful and expensive her memory is the least that we can do today cludes: Eileen Gagnon, Vanessa Bain, Shan- complications? Most importantly, should the for all that she gave over her lifetime. non Burke, Laura Corso, Lindsey Shirtz, Kelly federal government be telling states and local- f Fitzgerald, Colleen O’Hara, Milly Yackel, Kelly ities how they can and can’t spend their own HONORING IMAM W. DEEN Kuss, Keri Rubeis, Nelli Nash, Katie Kozloski, health care dollars? MOHAMMED Carolyn Maurer, Kim Capraro, and Eileen That is why I am introducing legislation Flynn. which would allow—not require—state and HON. GEORGE RADANOVICH I am very proud of these young women and local programs to provide preventive and pri- wish to celebrate the outstanding athletic mary health care to undocumented aliens. OF CALIFORNIA achievements they have made this season. I This legislation would not provide a new ben- IN THE HOUSE OF REPRESENTATIVES am equally proud of the coaching staff and efit for undocumented residents. However, it Wednesday, July 25, 2001 wish to join them, as well as the parents and would make sure that our health care dollars Mr. RADANOVICH. Mr. Speaker, I rise other family members, teachers and adminis- are spent more wisely by preventing emer- today to honor Imam W. Deen Mohammed for trators, in extending sincere congratulations gencies—not treating them. CONGRESSIONAL RECORD — Extensions of Remarks E1429 CONSTITUTIONAL AMENDMENT lost their lives to the disease, and over 36 mil- Sue Ann has worked as a den mother for AUTHORIZING CONGRESS TO lion people are currently infected with the HIV the Cub Scouts and has been a leader for var- PROHIBIT PHYSICAL DESECRA- virus. The numbers are indeed staggering. ious Girl Scout troops. She has also been ac- TION OF THE FLAG OF THE Yet, the consequences of the AIDS pan- tive with the Colorado West Mental Health UNITED STATES demic extend far beyond the death tolls. The Group and many 4-H groups. She is now AIDS pandemic is much more than just a working with the Safe House Group, the Build SPEECH OF health crisis. It is a social crisis, an economic a Generation Group, and she started the crisis, and a political, crisis. AIDS knows no Walbridge Wing Family Support Group. As HON. JAMES R. LANGEVIN borders, and respects no boundaries. OF RHODE ISLAND you can see, these two individuals have con- A world with AIDS is a world in chaos. tributed and still contribute many hours of IN THE HOUSE OF REPRESENTATIVES Imagine growing up without parents, without service and dedication to their community. Tuesday, July 17, 2001 teachers. Imagine living in a community with Their largest contribution has always been Mr. LANGEVIN. Mr. Speaker, I rise today in no options for work, no options for education, to their family. They have raised five children: strong support of our American flag and as a no mentors or civic leaders to help mold the David W. Smith, Brent A. Smith, Phillip M. cosponsor of H.J. Res. 36, which would community’s youths into productive members Smith, Lori E. McInnis, and Brian E. Smith. amend the Constitution to allow Congress to of society. Imagine living in a world where They now have eleven grandchildren. Through protect the United States flag from acts of people have no reason to plan for the years their work on their ranch and all of their com- physical desecration. ahead, no reason to want to better themselves munity service, they have provided their chil- Our flag occupies a truly unique place in the or improve society. This is the world of AIDS. dren and grandchildren with morals and val- hearts of millions of citizens as a cherished This is the world we live in. ues for hard work and the giving of oneself to As the world’s greatest nation—the nation symbol of freedom. As an international em- others. The largest gift given is the example that is most admired, most respected, and blem of the world’s greatest democracy, the set forth through fifty years of a strong and de- most powerful—we must take a leading role in American flag should be treated with respect termined love for each other. the fight against AIDS. We must demonstrate David and Sue Ann, congratulations on your and care. I do not believe our free speech to the global community the depth of our com- rights should entitle us to consider the flag as fifty years together. We wish you many more passion, the breadth of our courage, and the great years together. mere ‘‘personal property,’’ which can be treat- strength of our commitment to the greater ed any way we see fit, including physically good. To do otherwise would be irresponsible f desecrating it as a form of political protest. and inhumane. Therefore, I wholeheartedly HONORING GEORGE C. SPRINGER The American flag is a source of inspiration Support the Lee-Leach Global HIV/AIDS FOR OUTSTANDING SERVICE TO wherever it is displayed, and a symbol of hope Amendment, and I urge my colleagues to do THE COMMUNITY to all nations struggling to build democracies. the same. As a proud member of the House Armed Services Committee, I deeply admire those f HON. ROSA L. DeLAURO who have fought and died to preserve our HONORING DAVID AND SUE ANN OF CONNECTICUT freedoms. These men and women have SMITH IN THE HOUSE OF REPRESENTATIVES bravely defended our flag and the fundamental Wednesday, July 25, 2001 principles for which it stands. They deserve to HON. SCOTT McINNIS Ms. DELAURO. Mr. Speaker, it is with great know that their government treasures the flag OF COLORADO and all it represents as much as they do. pleasure that I rise today to join the Con- IN THE HOUSE OF REPRESENTATIVES necticut Federation of Educational and Profes- For these reasons I, as well as a great num- Wednesday, July 25, 2001 ber of Americans, believe that our flag should sional Employees, AFT, AFL–CIO in paying be treated with dignity and deserves protection Mr. MCINNIS. Mr. Speaker, I would like to tribute to their president of twenty-two years, under the law. I urge my colleagues to join me take time to recognize two individuals, David and my dear friend, George C. Springer as he in protecting one of the most enduring sym- and Sue Ann Smith. They have shared a life celebrates the occasion of his retirement. His bols of our nation and our democracy by together for fifty years. These two were mar- outstanding leadership and unparalleled dedi- adopting this resolution today. ried in Gallup, New Mexico on December 28, cation has made a difference in the lives of 1951. This is a special and ‘‘golden’’ occasion, thousands of families across Connecticut. f and quite an event in times when marriage I have always held a firm belief in the impor- FOREIGN OPERATIONS, EXPORT doesn’t always endure these long years. It tance of education and a deep respect for the FINANCING, AND RELATED PRO- shows great dedication and hard work, exem- individuals who dedicate their lives to ensuring GRAMS APPROPRIATIONS ACT, plifying such values for future generations in that our children—our most precious re- 2002 their family. As family and friends will gather to source—are given a strong foundation on celebrate this joyous occasion, I too would like which to build their futures. As a twenty year SPEECH OF to recognize them at this special time. veteran of the New Britain, Connecticut school HON. DANNY K. DAVIS David and Sue Ann have built and shared system, George made it his personal mission their life together these fifty years in Meeker, to help our students learn and grow—touching OF ILLINOIS Colorado on the Smith Family Ranch that has the lives of thousands of students. IN THE HOUSE OF REPRESENTATIVES been in the family for well over 100 years. It During his tenure in the New Britain school Tuesday, July 24, 2001 is a Centennial Ranch in Colorado. David and system, George also served as an officer and negotiator for the New Britain Federation of The House in Committee of the Whole Sue Ann expanded the ranch in the late House on the State of the Union had under 1960’s by adding the Barrett ranches and the Teachers, Local 871. Twenty-two years ago, consideration the bill (H.R. 2506) making ap- Ed Sprod Ranch, and the ranch now sur- he was elected to the position of state federa- propriations for foreign operations, export fi- rounds the town of Meeker on all four sides. tion president. As the state president, George nancing, and related programs for the fiscal In addition to the responsibilities of the has been a tireless advocate for his member- year ending September 30, 2002, and for other ranch work, David and Sue Ann both have ship and their families. I have often said that purposes: been heavily involved with their community. we are fortunate to live in a country that al- Mr. DAVIS of Illinois. Mr. Chairman, I rise Both have been active on numerous Commu- lows its workers to engage in efforts to better today in support of the Lee-Leach Global HIV/ nity Boards. David served on the School employee standards and benefits. George has AIDS Amendment to the Foreign Operations Board, worked with the Cub Scouts, served on been a true leader for teachers across the Appropriations bill, which will increase the the Planning and Zoning Commission and state, providing a strong voice on their behalf. United States’ contribution to the international served as a Rio Blanco County Commissioner. George set a unique tone for this organiza- AIDS trust fund from $100 million to $160 mil- He has been and still is involved with many tion, extending their mission beyond the fight lion. water issues. He currently serves on the for better wages, better work environments, In June 1981, scientists reported the first Meeker Town Ditch Committee, the Highland and more comprehensive health benefits. He evidence of a disease that would become and Yellow Jacket Ditch Groups, and is also has led the effort of the Connecticut chapter to known as AIDS. Twenty years later, the AIDS a long-standing member of the Colorado River become more involved with the larger issues pandemic has spread to every corner of the District Board and the Colorado Water Con- of how to improve our schools—for teachers world. Almost 22 million people have already servancy Board. and for students. Though we will miss him in E1430 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 the long battle ahead, George’s leadership At the same time, unilateral sanctions have ices to prisoners became a life-long career and outspoken advocacy on behalf of our pub- a way of greatly complicating our trading rela- when in 1980 then Commissioner of the De- lic school system will continue to be an inspi- tionships with our allies. Extraterritorial sanc- partment of Corrections, John Manson asked ration to us all. tions, such as would be applied under this Imam Hasan to assume the responsibilities of In addition to his many professional con- measure, are even more antagonizing to our Islamic Chaplain. As the first full-time Islamic tributions, George has also been involved with most prominent trade partners. Chaplain, Imam Hasan has been an invalu- a variety of social service organizations in the Certainly, the House should, and regularly able resource for those of Islamic faith in the community. The John E. Rodgers African- does, go on record with concerns about ter- corrections system. Throughout this time he American Cultural Center, New Britain Boys rorism and proliferation. It is our responsibility has been responsible for the implementation, Club, Amistad America, Inc., Coalition to End to promote policies that change these rep- evaluation, and oversight of all Islamic pro- Child Poverty, and the New Britain Foundation rehensible regimes. But I am concerned when grams for both male and female correctional for Public Giving are just a portion of those or- this body debates sanctions policy with no op- facilities throughout Connecticut. Serving as li- ganizations who have benefited from his hard portunity for amendment on the floor. Sanc- aison between inmates, administration and the work and contagious enthusiasm. tions go to the heart of our foreign policy, and federal courts, Imam Hasan has left an indel- It is my great honor to rise today to join his are important enough to be deliberated in the ible mark on the Department—a legacy that wife, Gerri, their four children, ten grand- open, during regular hours, with full participa- will not soon be forgotten. children and four great-grandchildren, as well tion by Members. Regretfully, this was not the In addition to his professional career, Imam as the many family, friends, and colleagues case with H.R. 1954. Hasan has played a vital role in the Islamic who have gathered this evening to extend my f community of New Haven for over thirty years. deepest thanks and appreciation to George C. Imam Hasan’s work with the Muslim American Springer for his outstanding contributions to RECOGNIZING CARLIN Society has spanned over four decades. First the State of Connecticut and all of our com- MANUFACTURING appointed as Minister of Muhammed’s Mosque munities. He will certainly be missed but never #40 in New Haven in 1971, he has been an forgotten. HON. GEORGE RADANOVICH invaluable asset to the Muslim community of f OF CALIFORNIA Greater New Haven for over thirty years. As the spiritual director of the Muhammed Islamic ILSA EXTENSION ACT OF 2001 IN THE HOUSE OF REPRESENTATIVES Wednesday, July 25, 2001 Center, Imam Hasan has devoted countless SPEECH OF hours to nurturing the spiritual needs of Mus- Mr. RADANOVICH. Mr. Speaker, I rise lims throughout the Greater New Haven re- HON. GEORGE R. NETHERCUTT, JR. today to congratulate Carlin Manufacturing on gion. His commitment and dedication to the OF WASHINGTON the occasion of their 20 year anniversary. Car- mission of the Muslim American Society and IN THE HOUSE OF REPRESENTATIVES lin Manufacturing is the world’s leading manu- his fellow Muslims is reflected in the myriad of facturer of mobile kitchens and specialty vehi- Tuesday, July 24, 2001 awards and citations that adorn his walls. cles. This evening, as family, friends, and col- Mr. NETHERCUTT. Mr. Speaker, I am very Carlin Manufacturing built its first mobile leagues gather to pay him tribute, I am hon- concerned by public reports I read of con- kitchen in 1980. Today, Carlin Manufacturing ored to extend my sincere thanks and appre- tinuing Iranian efforts to develop ballistic mis- does business in over 30 countries. Each unit ciation for his many years of dedicated service siles and by the apparent coordination be- is custom built to suit the needs of their cus- and best wishes for many more years of tween Iran and other regional proliferators. I tomers. Carlin Manufacturing has proven that health and happiness. am equally troubled by the lack of contrition high quality is essential through their careful f shown by Libya’s leadership for their role in quality checks during construction of the units. the bombing of Pan Am Flight 103. The spon- Carlin Manufacturing has designed a wide PERSONAL EXPLANATION sors of this bill argue that this measure will variety of mobile kitchens for various uses. significantly advance efforts to constrain Ira- They have designed everything from units for HON. LUCILLE ROYBAL-ALLARD nian proliferation and will force Libya’s govern- commercial mobile restaurants to camouflage OF CALIFORNIA ment to demonstrate greater remorse for their kitchen units that were used in Kuwait during IN THE HOUSE OF REPRESENTATIVES previous sponsorship of terrorism. the Gulf War. No matter the need, Carlin Man- These claims may well be true. But I am ufacturing has always provided high quality Wednesday, July 25, 2001 concerned by efforts to force through this bill mobile kitchens and serving facilities. Ms. ROYBAL-ALLARD. Mr. Speaker, due to under suspension procedures without oppor- Mr. Speaker, I rise today to congratulate an unavoidable scheduling conflict in my Con- tunity for open debate and amendment. Carlin Manufacturing for its innovation and gressional District on Monday, July 23, 1 was The 106th Congress made very clear its twenty year career in design of mobile kitch- not present for rollcall votes Nos. 257–259. support for substantially revising U.S. sanc- ens. I urge my colleagues to join me in con- Had I been present, I would have voted ‘‘yea’’ tions policy by adopting the Trade Sanctions gratulating Carlin Manufacturing and wishing on all three votes. Reform and Export Enhancement Act. This bill them many more years of continued success. f was signed into law by the President last year f and lifted all unilateral sanctions on food and THE REPUBLIC OF KAZAKSTAN medicine, and significantly restricted the future HONORING IMAM ABDUL-MAJID application of such sanctions. The regulations KARIM HASAN ON THE OCCASION HON. EDOLPHUS TOWNS OF HIS RETIREMENT governing the sale of food and medicine to OF NEW YORK formerly sanctioned states, including Iran and IN THE HOUSE OF REPRESENTATIVES Libya, will be effective next week, and sales HON. ROSA L. DeLAURO Wednesday, July 25, 2001 will be able to go forward. OF CONNECTICUT I would like to believe that last year marked IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Mr. Speaker, I would like to a significant philosophical shift in how the draw the attention of my colleagues to the United States deals with sanctions policy. Wednesday, July 25, 2001 issue of strengthening trade relations with one Generally, most Members agree that unilateral Ms. DELAURO. Mr. Speaker, it gives me of the most promising countries of the post- sanctions tend to have very little effect on tar- great pleasure to rise today to join the Mu- Soviet era—the Republic of Kazakhstan. geted states, while they do hurt American in- hammad Islamic Center of Hamden, Con- Kazakhstan has long been seen as a cross- terests. Unilateral sanctions also have a way necticut and the Interfaith Cooperative Min- roads between East and West—a meeting of hardening opposition to the United States istries of New Haven, Connecticut in paying place not only of continents, but of cultures, within the targeted country, and allow repres- tribute to Abdul-Majid Karim Hasan as he values, ideas, resources and trade. sive governments to maintain a siege men- celebrates his retirement. Kazakhstan today has the best economic tality that generally benefits the oppressors For over twenty years, Imam Hasan has prospects in the region. It has highest rate of more than the oppressed. And the perception worked diligently as the Islamic Chaplain and economic growth, especially throughout the of hostility that accompanies such sanctions director of Islamic Affairs for the Connecticut current year. Already well-known for its abun- has a way of marginalizing reformist elements State Department of Corrections. What began dant natural resources, the recent discovery of within the countries we seek to improve. as a volunteer effort to provide Islamic serv- major hydrocarbon deposits in the offshore CONGRESSIONAL RECORD — Extensions of Remarks E1431 East Kashagan field on the Caspian Sea is strides toward creating a free-market eco- contributor to market instability, benefiting expected to put Kazakhstan among ten lead- nomic system—a development already recog- neither oil producers nor consumers,’’ the re- ing world oil exporters in the first quarter of nized by the European Union. While the U.S. port said. and Kazakhstan concluded a bilateral invest- A survey released by the American Petro- this century. Kazakhstan is also rich in natural ment treaty in 1992, from its independence, leum Institute (API) on Wednesday could gas, and has vast gold, uranium, ferrous, non- Kazakhstan has demonstrated a strong de- boost the Bush plan, which faces a tough ferrous and rare earth metal deposits. In addi- sire to build friendly and cooperative ties time in Congress. tion, Kazakhstan has a highly developed agri- with the U.S. across a broad range of rela- The oil industry trade group found that cultural sector, noted especially for grain and tionships. The Association, therefore, be- U.S. crude oil imports for the first half of meat production. lieves it is in the best interests of the United 2001 hit a record average of 60 percent of States to approve PNTR for Kazakhstan and total demand, or 9.2 million barrels per day. The potential for cooperation and progress Oil imports in April accounted for 62.8 per- is great, and the time for action now. We must promote further development of more nor- mal trade and investment relations between cent of total demand, ‘‘the largest (monthly) break away from the outdated constraints of a the two countries. share in history,’’ API said. past era and seize the opportunity to put trade Similar letters have been sent to Rep- Officials in the Central Asian country of ties with Kazakhstan on a more solid, mutually resentative Thomas and Representative Ran- Kazakhstan have expressed satisfaction with beneficial basis. gel of the House Ways and Means Com- the Bush administration’s focus on their market, where recent oil field discoveries Mr. Speaker, keeping in mind the impor- mittee, the Chairman and Ranking Minority have attracted intense industry interest. member of the House International Rela- tance of promoting and developing active U.S. ‘‘The new administration has showed a tions Committee, and, regarding S. 168, to trade relations with Kazakhstan which will not very complete and mutual understanding of the Chairmen and Ranking Minority Mem- only open this huge market for Americans but the cooperation we hope to have in the fu- bers of the Senate Finance Committee and also help to pave the way for true democracy ture,’’ Vladimir Shkolnik, Kazahstan’s vice the Senate Foreign Relations Committee. In minister for energy and natural resources, in this country, I proudly cosponsored the leg- addition, sponsors, co-sponsors, and each islation (H.R. 1318) that would grant perma- said in an interview during a Washington member of the above committees have re- trip this spring. nent trade relations to Kazakhstan. ceived courtesy copies. ‘‘I get the feeling they understand very I am enclosing a letter from the U.S.- The member companies and organizations well our potential,’’ Mr. Shkolnik said. Kazakhstan Business Association signed by listed below support the Association’s posi- While saying private investors must lead U.S. companies asking for our support to tion favoring PNTR for Kazakhstan and the the way, the Cheney report devotes consider- strengthen bilateral trade relations with this respective House and Senate bills. Should able time to the Kazakh market, urging U.S. you or your staff have any questions, please government agencies to ‘‘deepen their com- country by passing H.R. 1318 and the article do not hesitate to contact me at (202) 434– ‘‘Cheney Aims To Drill Afar and Wide’’, pub- mercial dialogue’’ with Kazakhstan. 8791. The report also endorses the proposed pipe- lished in ‘‘Washington Times’’ on July 20, Sincerely, line from Baku, Azerbaijan, through Georgia 2001. WILLIAM C. VEALE, to the Turkish port of Ceyhan. Enthusiasti- U.S.-KAZAKHSTAN Executive Director. cally backed by the Clinton administration, BUSINESS ASSOCIATION, List of Members Supporting H.R. 1318: ABB the Baku-Ceyhan pipeline has been resisted July 23, 2001. Inc.; Access Industries, Inc.; ACDI/VOCA; by Moscow, which sees the project as an ef- Representative EDOLPHUS TOWNS, The AES Corporation; American Councils for fort to bypass Russia. Rayburn House Office Building, Int’l Education; Bechtel Corporation; Chev- ‘‘The big question has always been how to Washington, DC. ron Corporation; Citizens Network for For- get the oil and gas to market. With private DEAR REPRESENTATIVE TOWNS: On behalf of eign Affairs; Columbia University Caspian companies like (British Petroleum) really the U.S.-Kazakhstan Business Association, I Project; Coudert Brothers; Exxon Mobil Cor- pushing the pipeline, it’s hard to see how the Bush administration could do a 180-degree wish to convey the Association’s strong sup- poration; Deere & Company; Fluor Corpora- turn from what the Clinton people were rec- port for the granting of permanent normal tion; Halliburton Company; International ommending,’’ Mr. Ebel said. trade relations (PNTR) to Kazakhstan. We Tax & Investment Center; NUKEM Inc.; To complete the bypass of both Russia and wish to encourage early approval by the Parker Drilling Company; Parsons Corpora- Iran, the Cheney report’s authors called for Ways and Means Committee of H.R. 1318, in- tion (membership currently being processed); the State Department to push for Greece and troduced by Representative Pitts, and sup- Phillips Petroleum Company; Texaco Inc. ported by you and other co-sponsors. Turkey to link their gas pipeline systems, Association members include major U.S. allowing even easier access to European mar- corporations that have been in the forefront [From the Washington Times, July 20, 2001] kets for Caspian gas. But Russia is also one of several other of Western investment in Kazakhstan. They CHENEY AIMS TO DRILL AFAR AND WIDE are very deliberate about their decisions to international producers that the Cheney (By David R. Sands) enter emerging market economies and have task force recommends should be encour- aged. Russia has about 5 percent of the seen the many positive advantages that in- Debates over drilling at home have domi- world’s proven oil reserves and a third of the vestment in Kazakhstan affords. As energy nated the headlines, but the Bush adminis- world’s natural gas, but needs major Western sector revenues grow and spread through the tration’s energy plan also calls for some ag- investment and significant legal and com- country’s economy, the Association seeks to gressive prospecting in overseas markets as mercial reforms to exploit its potential. encourage diversified investment in other well. While urging continued pressure on Middle sectors, such as agribusiness, mining, petro- Kazakhstan, Russia, India and even Ven- ezuela stand to be big winners under key sec- East suppliers like Saudi Arabia and Kuwait chemicals, and telecommunications. For to open their markets to foreign investors, tions of the energy program, released by a these investments to be economic, however, the Bush administration blueprint seeks sup- task force headed by Vice President Richard it will be important for Kazakhstani firms, pliers much farther afield. B. Cheney on May 18. as well as joint ventures formed with Amer- Despite a series of sharp political and dip- Energy needs would assume a much great- ican investors, to have predictable non- lomatic exchanges with Venezuelan Presi- er role in considering whether to apply eco- discriminatory access to U.S. markets. dent Hugo Chavez, the United States should nomic or other sanctions against unfriendly Looking ahead to Kazakhstan’s eventual ac- push to conclude a bilateral investment trea- cession to the World Trade Organization governments. ty with Caracas, said the administration pro- (WTO), our members will be particularly in- ‘‘There’s a lot going on, on the inter- posal, and begin talks with Brazil to boost terested in our government being able to national side in that report, and it’s going to ‘‘energy investment flows’’ with both of the avail itself of all its rights under the WTO matter a lot to the entire global energy mar- South American powers. with respect to Kazakhstan. ket,’’ said Robert E. Ebel, director of the en- The report also directs U.S. agencies to Historical criteria that have withheld non- ergy and national security program at the help India ‘‘maximize its domestic oil and discriminatory access for Kazakhstan prod- Washington-based Center for Strategic and gas production,’’ as well. One foreign policy ucts are no longer relevant. The country International Studies (CSIS). recommendation that has taken some hits is continues to make stepwise political and ‘‘The path the U.S. chooses on production the Bush proposal to include ‘‘energy secu- economic reforms that are attracting and re- and consumption will have a huge impact on rity’’ as a factor when considering the use- taining foreign investors. Kazakhstan coura- the rest of the world,’’ Mr. Ebel said. fulness of economic sanctions. geously chose to de-nuclearize after inde- The Bush plan calls for a major diversifica- The administration was forced to retreat pendence and has fully supported nuclear tion of oil suppliers, away from the long- in the first congressional fight over such nonproliferation objectives, dismantling standing reliance on unstable or unfriendly sanctions, in the face of strong bipartisan bombers, missiles, and related facilities. It Middle Eastern producers. support for maintaining current restrictions has complied with U.S. emigration require- ‘‘Concentration of world oil production in on trade and investment with Iran and ments, and recently has taken considerable any one region of the world is a potential Libya. E1432 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 HONORING DOCTOR PAUL ERRERA today in support of House Resolution 1954, the San Gabriel Valley, East Los Angeles, San ON THE OCCASION OF HIS RE- the Iran Libya Extensions Act of 2001. Diego, Santa Ana, Oxnard, Salinas, and Ba- TIREMENT When this law was first enacted by the kersfield. United States Congress in 1996 it imposed a Mr. Morales’ inspiring life is depicted in his HON. ROSA L. DeLAURO number of economic sanctions against foreign autobiography entitled ‘‘Dionicio Morales: A OF CONNECTICUT companies that invest in the energy sectors of Life in Two Cultures.’’ In the book, Mr. Mo- IN THE HOUSE OF REPRESENTATIVES either Iran or Libya. Given those two nation’s rales is described as a passionate leader who Wednesday, July 25, 2001 support for violence and terrorism, the bill has led by example and knows first hand the passed overwhelmingly. struggles of the poor in detail. For many dec- Ms. DELAURO. Mr. Speaker, it gives me Unfortunately, nothing in those nations’ be- ades he has tirelessly organized and has great pleasure to rise today to join the many havior has changed since that bill passed fought to protect the rights of these individ- family, friends, and colleagues who gathered unanimously by a vote of 415–0. Therefore, uals. today to pay tribute to Doctor Paul Errera as we must pass this bill to extend the Iran-Libya In the early 1960’s Mr. Morales called the he celebrates his retirement from service with Sanctions Act (ILSA) for an additional five White House to request help in establishing the United States Department of Veterans Af- years. programs to help employ and train Mexican fairs. As recently as March 13, 2001, President Americans. Incredibly, Mr. Morales obtained a Dr. Errera began his forty-seven year career George W. Bush issued a statement declaring meeting with Vice President Lyndon Johnson, with the VA as a first year resident in psychi- that Iran’s government is, ‘‘a threat to the na- who agreed to help Mr. Morales through the atry at the West Haven, Connecticut VA Med- tional security, foreign policy, and economy of President’s Committee on Equal Employment ical Center. He later went on to serve as the the United States’’—due to—‘‘its support for Opportunity. Chief of Psychiatry for fifteen years. In addi- international terrorism, efforts to undermine Nearly four decades later, due to that fateful tion to his work in Connecticut, Dr. Errera the Middle East peace process, and acquisi- call made by Mr. Morales, the Mexican Amer- spent nearly a decade in Washington, D.C. as tion of weapons of mass destruction and the ican Opportunity Foundation now has a budg- the national Director of Psychiatry and Psy- means to deliver them.’’ et of over $60 million, making it the largest chological Services. In that role, he was And to add to this concern, in early March Latino organization in the United States. charged with the oversight of 172 VA hospitals of this year, the Islamic Republic of Iran re- Mr. Morales continues to be actively in- across the country. In a career that has portedly signed a cooperation agreement with volved in the Mexican American Opportunity spanned nearly half a century, Dr. Errera has Russia that will give it access to sophisticated Foundation. He is a trailblazer and a true lead- demonstrated a unique commitment to our na- arms technology. er. I am privileged to recognize Mr. Morales’ tion’s veterans and the quality of care they re- As for Libya, the Iran Libya Sanctions Act of incredible life and applaud his work. ceive. 2001 extends sanctions against Libya de- Throughout his tenure, Dr. Errera has been f signed to end only if our President determines a visionary leader, stimulating fundamental that Libya has fulfilled the requirements of all HONORING FENMORE SETON FOR change in the way mental health care is deliv- U.N. resolutions relating to the horrific down- HIS OUTSTANDING SERVICE TO ered. He has played an integral role in the de- ing of Pan Am 103 in December of 1998. THE UNITED STATES OF AMER- velopment and implementation of innovative, Given that Libya has not yet accepted re- ICA community-based programs to meet the di- sponsibility nor compensated the families of verse mental health treatment needs of vet- the victims of Pan Am 103, I think it is only HON. ROSA L. DeLAURO erans. Dr. Errera’s commitment and diligence just that ILSA’s sanctions remain against OF CONNECTICUT has had a dramatic impact on the VA’s treat- Libya. IN THE HOUSE OF REPRESENTATIVES ment of its mentally ill patients—effectively Mr. Speaker, for the reasons I have out- Wednesday, July 25, 2001 changing the face of their approach and serv- lined, I believe it is important to continue these ice to many of our nation’s most vulnerable restrictions on trade with companies who do Ms. DELAURO. Mr. Speaker, earlier this citizens. business with Iran and Libya. month I had the distinct privilege of reading Dr. Errera attributes his dedication to the I urge my colleagues to vote for H.R. 1954, one of the most touching personal memoirs of historic role the United States played in twice brought to the floor by my good friend and the the events of the invasion of Normandy, the freeing his homeland of Belgium—believing Chairman of the House International Relations turning point of World War II. A defining mo- that the citizens of Belgium owe a great debt Committee’s Subcommittee on the Middle ment in our history, it is important to take a to the brave men and women who liberated East and South Asia, Representative BEN GIL- moment to reflect on the tremendous under- his native country. I have often spoke of our MAN and the distinguished Ranking Member of taking of the Allies and the unparalleled cour- nation’s need to provide the best possible care the House International Relations Committee, age and bravery of the soldiers who fought, to our veterans. These are the men and Representative TOM LANTOS. many making the ultimate sacrifice, for world women who fought for the freedoms and val- f freedom. It is my great pleasure to rise today ues we hold so dear. Dr. Errera, with his un- to honor both the many servicemen who par- paralleled record of service to the veterans of RECOGNIZING MR. DIONICIO MO- ticipated in the D-day invasion and my very this country, has set a new standard for us all RALES OF THE MEXICAN AMER- dear friend, Fenmore Seton, by recounting his to strive to achieve. ICAN OPPORTUNITY FOUNDA- remarkable story. Dr. Errera, through his infinite good work TION In his memoirs Fen, a First Lieutenant in the has made a real difference in the lives of Ninth Air Force of the United States Army many US veterans and for that we owe him a HON. HILDA L. SOLIS Corps, captured the spirit and atmosphere of great debt of gratitude. It is my great honor to those first few memorable days. Hundreds of rise today to extend my deepest thanks and OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES officers and soldiers were transported on Lib- appreciation to Dr. Paul Errera for his out- erty Ships, normally equipped for crews of thir- standing service at the United States Depart- Wednesday, July 25, 2001 ty. Under other circumstances such conditions ment of Veterans Affairs and my very best Ms. SOLIS. Mr. Speaker, I rise today to rec- would be considered intolerable, yet as they wishes to him and his family for many more ognize one of the most inspiring and influential embarked from their staging area in Wale, years of health and happiness. Latino leaders in the United States. Dionicio there was little or no complaint from these ex- f Morales is the founder and former President of emplary men. Hour after hour the deafening ILSA EXTENSION ACT OF 2001 the Mexican American Opportunity Foundation roar of the planes overhead could be heard by (MAOF), the largest Latino social-service the troops aboard the Liberty Ships in the Al- SPEECH OF agency in the United States. Mr. Morales has lies’ Armada which stretched as far as the eye HON. STEVEN R. ROTHMAN helped improve the lives of thousands of peo- could see. Shortly before they began their ple, especially Latino youth and the elderly, by mission, each man was given a printed letter OF NEW JERSEY providing vital resources such as job training, of inspiration from the Allied Commander in IN THE HOUSE OF REPRESENTATIVES senior services, naturalization services and Chief of ‘‘Operation Overload,’’ Dwight D. Ei- Tuesday, July 24, 2001 child care programs in communities through- senhower. Climbing down the side of their Lib- Mr. ROTHMAN. Mr. Speaker, as a proud out California. The Mexican American Oppor- erty Ships, on rope netting into the individual cosponsor of this well crafted legislation, I rise tunity Foundation has established programs in Landing Craft Infantry’s, Fen and thousands of CONGRESSIONAL RECORD — Extensions of Remarks E1433 other soldiers began to make their way I am pleased that this bill adequately funds sions of H.R. 7 will inevitably put the federal ashore. many important programs that have not re- government in the position of choosing one re- Fen disembarked from an invasion landing ceived appropriate funding in the past. Specifi- ligion over another in awarding federal grants craft on Omaha Beach on D-day plus three. cally, H.R. 2500 provides $1.01 billion for the and contracts. Despite the fact that the bill Though they were supposed to make their Community Oriented Policing Services, a pro- assures us that the awarding of charitable beach landing one day earlier, the Ranger In- gram that I strongly support and that contrib- choice funds would not constitute an ‘‘en- fantrymen who were fighting for a foothold on utes to the safety of our neighborhood streets. dorsement’’ of a certain religion, it takes little the designated beach landing zone, had met It also provides $844 million for international to imagine what will happen when a federal intense firepower from the reinforced concrete peacekeeping efforts, including $2 million to agency is forced to choose between two German Pillboxes which delayed their arrival. conduct programs that monitor and combat equally meritorious grants from different reli- Under strict blackout instructions, they moved human trafficking. $440 million is included for gious groups. Even worse will be the con- to their rendezvous point in a completely unfa- conservation programs to clean oceans and sequences when a cabinet secretary, by fiat, miliar place in the pitch dark, finding refuge in waterways. Additionally, the bill appropriates turns the program into a ‘‘voucher.’’ A more a nearby shelter only to awaken amid chick- $329 million for the Legal Services Corpora- egregious violation of the Establishment ens and manure and the realization that they tion which provides legal assistance to lower- Clause can hardly be imagined. had slept in a cattle barn. income Americans. I cannot state strongly enough my belief that This was the first of seven battle cam- f religious organizations are an important part of paigns, including the Battle of the Bulge, that our social fabric and provide absolutely vital Fen participated in as a member of the Ninth COMMUNITY SOLUTIONS ACT OF services to people in need. Those services al- Air Force. In addition to the six battle stars 2001 ready can be provided by religious organiza- that decorate his European Theatre ribbon, tions in a way that is constitutionally sound. I SPEECH OF Fen was honored with the ribbon for Meri- encourage my colleagues to take this bill back torious Service and Belgium’s royal ‘‘Fourra- HON. DENNIS MOORE to the drawing board and build on that record gere d’Honneur’’ for his service with the 70th OF KANSAS of service. Fighter Wing. However, it is not the honors, IN THE HOUSE OF REPRESENTATIVES commendations, or medals that led Fen to f take down his thoughts and memories of his Thursday, July 19, 2001 HONORING OTELLO AND CAROLYN extensive World War II experiences. It was, as Mr. MOORE. Mr. Speaker, I rise to express MASSONI ON THEIR 50TH ANNI- he wrote, ‘‘because all Officers and Soldiers my grave concerns with the bill before us VERSARY felt that World War II was a ‘just’ war . . . that today. I have seen firsthand and know well the had to be fought in order to defend civilization vital role that churches, mosques, synagogues HON. ROSA L. DeLAURO and to preserve our treasured American way and other religious institutions play in our com- OF CONNECTICUT of life.’’ munities. I believe, however, that both H.R. 7 IN THE HOUSE OF REPRESENTATIVES As he concluded, Fen wrote: ‘‘Younger peo- and the Democratic substitute offer us a false ple particularly have little to no curiosity con- choice and fail to protect our constitutional Wednesday, July 25, 2001 cerning World War II or the fact that the Nor- rights. Ms. DELAURO. Mr. Speaker, it gives me mandy Invasion marked the turning point for For more than 200 years, the U.S. Constitu- great pleasure to rise today to extend my sin- the defeat of the Nazi Empire. I sadly suspect tion has protected religious freedom by up- cere congratulations to two outstanding com- that most of the younger generation do not holding each American’s right to free exercise munity members and my good friends, Otello even recognize the significance of Pearl Har- of religion and maintaining a separation be- and Carolyn Massoni, as they celebrate their bor.’’ It is my sincere hope that the young peo- tween church and state. H.R. 7 would break 50th wedding anniversary. Married for a half a ple of our nation and future generations re- down that historic wall. century, they are a wonderful couple who member the tremendous efforts that were Although the bill specifically states that gov- have both done much for their community in made to preserve the freedoms we hold so ernment funds should not be used for worship Wallingford, Connecticut. dear. As the daughter of a veteran and a or proselytization, meaningful safeguards to Perhaps best known for their incredible Member of this great body, I take pride in pay- prevent such action are not included in the working relationship, Otello and Carolyn are a ing tribute to the veterans of World War II for provisions. Indeed, as this bill is written, safe- true inspiration for any couple. They have their outstanding contributions to our great na- guards would be impossible. For example, if worked on a variety of projects—always to- tion. They changed the course of history and the purpose of a program is to end addiction gether—though their most popular are their for that we owe them a debt of gratitude that by the adoption of a specific faith, it is impos- beautiful reproductions of Faberge Eggs and can never be repaid. sible to separate the government service (drug fabulous dollhouses. Today, I stand to extend my sincere thanks and alcohol counseling) from the message of Their dollhouse hobby began when Otello and appreciation to Fenmore Seton for his faith (proselytization). Even an ‘‘opt-out,’’ was recuperating from a surgical procedure. outstanding service to our country and for which provides for a secular alternative to the Working from a kit, Otello has built a number bringing this remarkable story to light. It is vet- services, does not change the fact that this bill of breathtaking buildings in a wide variety of erans, like Fen, whose stories will never allow provides government funding for religious ac- architectural styles. Carolyn took on the re- future generations to forget one of the free tivities. sponsibility of decorating the houses. From world’s greatest victories. Furthermore, both H.R. 7 and the Demo- hand-made curtains trimmed with lace to the f cratic substitute would provide direct funding smallest details on a miniature reproduction of PERSONAL EXPLANATION to houses of worship. H.R. 7 gives federal a Sears catalog, no detail has been over- agencies, at the discretion of the Secretary, looked. Victorian, Gothic, Colonial and Tudor the ability to take all the funding for a program styles, as well as some cottages, a gazebo, HON. DIANA DeGETTE and convert it into vouchers to religious orga- and even a brick outhouse, Otello and OF COLORADO nizations. This alarming provision takes $47 Carolyn’s collection is truly impressive. IN THE HOUSE OF REPRESENTATIVES billion in federal funds away from the oversight Intricate detail, unparalleled patience, love Wednesday, July 25, 2001 of elected representatives in Congress. Fur- and care—characteristics similar to the tradi- Ms. DEGETTE. Mr. Speaker, on July 18, thermore, the bill expressly permits federal tional ingredients thought to be included in 2001, my vote on final passage of H.R. 2500, funding of worship and proselytization with marriage—have gone into each of the delicate the ‘‘Commerce, Justice, and State Appropria- these ‘‘indirect funds.’’ The Democratic sub- reproductions of Faberge Eggs that decorate tions Act for Fiscal Year 2002’’ was not re- stitute, although it attempts to close the vouch- the Massoni’s home. This remarkable hobby corded. I support the bill and intended to vote er loophole, does not alleviate my concerns has drawn much attention to Otello and ‘‘yes.’’ with direct government funding of religion. Carolyn’s creative talents. With each taking on I support this bill because it is fair and bipar- I am also deeply concerned that efforts to a different task, they are not only creating tisan, and appropriately funds many important make religious organizations dependent on beautiful ornaments, but cherished memories. programs and agencies in the government. federal funds will cause them to lose their Featured in local newspapers on a variety of This bill appropriates $41.5 billion, which is 4 independence, autonomy and unique voice in occasions, Otello and Carolyn’s work has percent more than the current level and 2 per- our society. With public funding comes public sparked the imaginations of many in area cent more than requested by the president. scrutiny and accountability. Also, the provi- communities. E1434 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 In addition to their creative hobbies, Otello that way,’’ says Regis Groff. He flashes his He recalls that debate over the bill almost and Carolyn have always been active in the trademark megawatt smile as he adds, ‘‘At caused a fist fight with another senator. ‘‘I Wallingford political arena. Their outstanding least it didn’t happen to me. But then I only told him, ‘I should kick your ass!,’ and he play one-third as much golf as I want to.’’ said, ‘C’mon!’ but others stepped between work with the Democratic Town Committee Not that he’s complaining, because these us,’’ laughs Groff. has benefitted many local elected officials, in- days life is better than just OK for Groff. For Groff left the Senate in 1994 to head the cluding myself. Their tireless efforts have gone one, he looks a decade younger than his 66 state’s Youth Offender System, a multi- a long way in bringing a strong voice to local years, almost too youthful to be the grand- million-dollar rehabilitation facility for vio- residents and their interests. father of four. For another, he takes a winter lent juveniles. He quit in 1998 and then head- Enjoying their retirement years together, hiatus in Las Vegas every year. ed the Metro Denver Black Church Initia- Otello and Carolyn have found what may be He also indulges his passion for baseball by tive. taking advantage of his Colorado Rockies These days, he says, ‘‘I have no gainful em- the key to a successful marriage—teamwork. season tickets. True, they’re not his beloved Whether with their hobbies or in the commu- ployment,’’ content to be a grandfather, Chicago Cubs, but few know better than serve on boards, travel, golf, watch baseball, nity, it is a rare moment not to see these two Groff that life is riddled with compromise. adjust to life as a divorced male after 33 working together. It is with great pride that I For two decades, he was the impassioned, years of marriage and basically do what he rise today to join family and friends in con- eloquent spokesman for liberal causes in the pleases. gratulating my dear friends Otello and Carolyn Colorado Senate, a man whose flights of ora- Would he ever again consider elective of- Massoni as they celebrate their 50th Anniver- tory were legendary. fice? ‘‘There would be a hush when Regis went ‘‘No, no, no!’’ he says, recoiling in mock sary. My very best wishes to them for many to the microphone,’’ says former Sen. Mike more years of health and happiness. horror. ‘‘If 20 years of politics doesn’t fill Feeley, calling the Democrat ‘‘the finest you appetite, then that appetite is so insa- f public speaker ever to grace the floor of the tiable as to be dangerous.’’ state Senate.’’ Still, he does confess to more than a trace TRIBUTE TO STATE SENATOR Even those at the opposite end of the polit- of envy now that Democrats control the Sen- REGIS GROFF ical spectrum were Groff fans. ‘‘Regis was the most fun and challenging ate. person to debate at the microphone of any- ‘‘You bet I’m jealous. I’d like to know how HON. MARK UDALL one I served with in the legislature,’’ says it feels to be in the majority,’’ he says. OF COLORADO Tom Norton, former Senate president. ‘‘I But then you’d expect a frank answer. IN THE HOUSE OF REPRESENTATIVES don’t know that he ever passed a whole After all, anything less from the Senate’s former conscience would be, well, uncon- Wednesday, July 25, 2001 bunch of bills. But he always made sure the point of view he represented was adequately scionable. Mr. UDALL of Colorado. Mr. Speaker, I rise considered.’’ f today to pay tribute to a man considered, after Norton isn’t exaggerating in his remarks twenty years of service to be the ‘‘Conscience about Groff not passing a whole bunch of HONORING THE LATE GLADYS of the Colorado Senate.’’ As a State Senator bills. ‘‘SKEETER’’ WERNER WALKER Regis Groff was a man who never backed ‘‘Oh, it was thorough frustration to have zero influence, no power,’’ says Groff of his down from a fight and always stood up for 20 years in the minority party; years of fu- HON. SCOTT McINNIS what he believed in. Although he often stood tilely fighting to ban capital punishment, OF COLORADO alone, he never hesitated to do what he be- have the state divest itself from business re- IN THE HOUSE OF REPRESENTATIVES lieved was right. lationships with the apartheid regime of As an African-American political leader from South Africa, enhance voter registration and Wednesday, July 25, 2001 West, Regis was often pitted against the establish gun control. Mr. MCINNIS. Mr. Speaker, I would like to ‘‘But you have to raise issues that aren’t forces of discrimination, a battle in which he take this opportunity to remember the accom- was consistently outnumbered. He pushed for popular,’’ says Groff. ‘‘You try to raise issues that touch the conscience of each human plished and unforgettable life of Gladys Colorado to divest itself from business rela- being.’’ ‘‘Skeeter’’ Werner Walker. She was truly a tionships with the apartheid regime of South Although Groff dismisses Sen. Jana kind person and an outstanding athlete. As Africa, and was a strong voice for enhancing Mendez’s claim that he was the conscience of family and friends mourn her passing, I would voter registration. When it wasn’t popular, he the Senate as ‘‘overspeak,’’ he doesn’t deny like to pay tribute to this longtime resident of was also a voice for rational gun control. He that he was loath to back down from an Steamboat Springs, Colorado. was responsible for carrying Senate legislation issue. That’s why in April 1993, only months after Skeeter was born in Steamboat Springs, in Colorado designating the birthday of Rev- Coloradans passed Amendment 2—largely Colorado, with the rest of her family, and was erend Martin Luther King Jr. as a state holi- seen as a slap at homosexual rights—Groff the oldest of three siblings who grew up to ski day. tried to get the Senate to put it back on the in the Olympics. She and her two brothers, Regis Groff’s convictions earned him re- ballot to let voters ‘‘revisit’’ the measure. Buddy and Loris, trained locally on Howelsen spect from both sides of the aisle. One former That same session, he was blunt about his Hill and traveled later to ski in the Alps. The colleague remarked, ‘‘there would be a hush feelings for Douglas Bruce, author of Amend- Werner family’s prominence in the skiing world when Regis went to the microphone.’’ The ment 1, which limited the state’s ability to raise taxes and spend money. flourished to such an extent that the name of former Colorado Senate President, a member On the Senate floor, Groff said that Bruce, the ski mountain in Steamboat Springs was of the opposing party, said, ‘‘Regis was the a California transplant, ‘‘slithered into Colo- changed from Storm Mountain to Mount Wer- most fun and challenging person to debate at rado and hoodwinked the state.’’ ner in their honor. the microphone of anyone I served with in the Standing alone was second nature to Groff: Skeeter began skiing at age one and enter- legislature.’’ He was the Senate’s only black. And polit- ing competitions by the age of five. Perhaps ical ostracism was nothing new for a guy I would ask my colleagues to join me in one of her greatest achievements was being paying tribute to a great and dedicated public who knew all about racial discrimination. When he first arrived in Denver in 1963, to selected as the youngest member of the U.S. servant. I am including an article from a recent begin what would be a lengthy career as an Alpine World Championship Team in 1954, at edition of the Denver Post that recognizes the educator, he and his wife were repeatedly de- the age of 21. At the downhill event in Swe- significant contributions of Regis Groff to the nied rental homes in Park Hill because, as den, Skeeter placed 10th. Her triumph was people of Colorado. landlords told him, ‘‘We don’t rent to awarded when she graced the cover of Sports coloreds.’’ WHATEVER HAPPENED TO ... REGIS GROFF?: Illustrated and became recognized as one of Growing up the son of a potter in Mon- FORMER ‘‘CONSCIENCE OF COLORADO’’ mouth., Ill., a small rural community, Groff America’s great Olympians. When Skeeter SPEAKS FROM SIDELINES wasn’t allowed in the YMCA pool. again returned to the Olympics in 1956 in (By James B. Meadow) Racial intolerance was still an emphatic Italy, she again garnered a 10th place finish in The former ‘‘Conscience of the Colorado given when he was attending Western Illinois the downhill race. Senate,’’ the man who spent 20 years fight- University. Along with a group of other Skiing was not Skeeter’s only career. After ing—and mostly losing—the good fight is black students, Groff led a successful push to retiring from skiing in 1958, she relocated to staring out the window of the clubhouse of force a local barbershop to serve black stu- New York where she was a model and a fash- the Park Hill Golf Course sympathetically dents. watching grown men flail at a little white His proudest moment as a legislator came ion designer. The Yampa Valley drew Skeeter ball. in 1984, when he persuaded the Senate to pass back in 1962, and along with her brother ‘‘Most retirees assume their golf game will a bill making Martin Luther King’s birthday Buddy and his wife Vanda, they opened two be much, much better, but it doesn’t happen a state holiday. ski shops in Steamboat and Skeeter initiated CONGRESSIONAL RECORD — Extensions of Remarks E1435 the first ski school at Storm Mountain. Every medical centers across America, and espe- Pennsylvania, New Hampshire, Massachu- step of the way opened a new opportunity for cially in the Northeast. setts, Maine, Vermont and Rhode Island. Skeeter and her family that allowed them to Along with Congresswoman KELLY and Con- These States are parts of VISNs 1, 2 and 3— have a dramatic impact on the Yampa Valley gressmen GRUCCI, HINCHEY and GILMAN, we all three VISNs fare the worst under the that will last forever. She fell in love with and, are introducing two bills to improve the way present VERA allocation formula. in 1969, married Doak Walker, the 1948 the VA allocates funding for veterans medical Mr. Speaker, VERA should be adjusted to Heisman Trophy winner. Together, Doak and care across the nation. reflect factors such as the high cost of housing Skeeter helped to shape Steamboat and the In 1997, Congress passed legislation that in the means test. It is the least we can do to skiing community. Doak passed away in 1998 authorized the VA to develop a new formula ensure that all veterans who need and de- following a skiing injury several months earlier. for allocating veterans medical care dollars serve care are provided with access to VA As you can see, Mr. Speaker, Skeeter was across the country. At the time, veterans were medical centers. a person who lived an accomplished life. Al- moving from the Northeast and Midwest to the I strongly encourage the Chairman of the though friends and family are profoundly sad- South and West, and the VA’s formula then House Veterans’ Affairs Committee to hold dened by her passing on Friday, July 20, each did not address how to allocate funding with hearings on these issues, and to move for- can take solace in the wonderful life that she this shift. ward with changes to the VERA allocation for- led. At the age of 67, Skeeter was an out- Unfortunately, the new formula developed mula as outlined in these two bills. standing member of the community and a he- by the VA still failed to address the changing f roic role model for others. I know I speak for demographics of the veterans population. The everyone who knew Skeeter well when I say so-called Veterans Equitable Resource Alloca- PERSONAL EXPLANATION she will be greatly missed. tion formula (VERA) did begin to provide addi- f tional medical care dollars to areas with grow- HON. PETER A. DeFAZIO ing veterans populations, but unfortunately, OF OREGON PERSONAL EXPLANATION the VA did so by slashing funding to states IN THE HOUSE OF REPRESENTATIVES with veterans populations that remained sta- HON. JERRY MORAN ble, like my own state of New Jersey and oth- Wednesday, July 25, 2001 OF KANSAS ers in the Northeast. Mr. DEFAZIO. Mr. Speaker, earlier today on IN THE HOUSE OF REPRESENTATIVES I know firsthand about the law of unintended the vote to consider the previous question on consequences. VERA has had the terrible ef- this bill I intended to vote ‘‘no’’ but inadvert- Wednesday, July 25, 2001 fect of restricting access of veterans to med- ently voted ‘‘aye’’. Mr. MORAN of Kansas. Mr. Speaker, I rise ical care in my part of the country because my f today to acknowledge an error I made earlier district in New Jersey is part of Veterans Inte- today in voting for the previous question mo- grated Service Network (VISN) 3. This VISN PERSONAL EXPLANATION tion on the Treasury, Postal Appropriations has borne the brunt of VERA’s funding shift. bill. As is customary on such procedural mo- According to the VA’s own figures, funding for HON. ROSA L. DeLAURO tions I voted ‘‘aye.’’ Had I been aware of the VISN 3 has been reduced by 6 percent, or OF CONNECTICUT implications of the vote, I would have voted $64 million, at a time when other VISNs saw IN THE HOUSE OF REPRESENTATIVES ‘‘no.’’ their allocations increase by as much as 47 Wednesday, July 25, 2001 I have been and continue to be an opponent percent or even 53 percent! of Congressional pay raises. Fiscal discipline I continue to ask the VA how this practice Ms. DELAURO. Mr. Speaker, during rollcall must start with our elected officials. My con- is equitable and why medical care in the vote No. 255 on H.J. Res. 50, I mistakenly re- stituents don’t get a cost of living increase Northeast should be reduced. corded my vote as ‘‘no’’ when I should have every year and neither should we. Had I New Jersey has the second oldest veterans voted ‘‘aye’’. known the previous question vote would be population in the nation, behind Florida. Our f construed as having anything to do with a state has the fourth highest number of com- congressional COLA, I would have opposed it. plex care patients treated at VA’s hospitals. TRIBUTE TO THE ORIGINAL 29 Not only do I oppose the pay raise itself, but Yet New Jersey’s older, sicker veterans are NAVAJO CODE TALKERS I strongly oppose the manner in which this routinely left waiting months for visits to pri- issue is handled. We ought to have a clear mary care physicians and specialists or denied HON. MARK UDALL ‘‘yes’’ or ‘‘no’’ vote on the pay raise and let the care at New Jersey’s two VA nursing homes. OF COLORADO chips fall where they may. When given the op- Something is fundamentally wrong with the IN THE HOUSE OF REPRESENTATIVES VERA allocation formula if it continues to de- portunity to vote on the pay raise directly, I Wednesday, July 25, 2001 have always voted ‘‘no.’’ If others feel dif- crease funding for areas where veterans have ferently, let them cast their vote in the light of the greatest medical needs. All veterans, re- Mr. UDALL of Colorado. Mr. Speaker, I rise day and explain it to their constituents. To dis- gardless of where they live, have earned and today to pay tribute to the original 29 Navajo guise an issue as important as a congres- deserve access to the same quality of medical Code Talkers, who courageously served this sional pay raise inside a procedural motion is care—care that is too often denied under the country during WWII. The original 29 Navajo less than honest. Such gimmicks further erode current formula based. code talkers developed a Navajo language- this institution’s credibility and member integ- That is why I rise today with nearly 30 of my based code to transmit information while in the rity. colleagues to introduce these two bills. Pacific theatre. Their efforts were invaluable to It is my responsibility to know all the impli- The first bill, the Veterans Equal Treatment this nation and helped bring the war in the Pa- cations of the motions and bills that I vote on. Act, would repeal the VERA formula and direct cific to a close, impacting all Americans. My constituents deserve my attention on each the VA to devise a truly equitable allocation Today these men or their surviving family and every vote. One the issue of a congres- formula based on need. members are receiving Congressional gold sional pay raise, the American people deserve The second bill, the Equitable Care for All medals of honor as a symbol of our Nation’s better from all of us. Veterans Act, would require the VA to take appreciation for their valor. f steps to account for regional differentials—the In early 1942 the Marines started to recruit differences in the costs of providing care in Navajo men to serve as code talkers in the VETERANS HAVING HEALTH-CARE some areas of the country due to the high Pacific. The Marines were searching for a cost of living, long travel distances, and like— code, which the Japanese would be unable to HON. RODNEY P. FRELINGHUYSEN in determining the national means test thresh- break. Since the Navajo language is incredibly OF NEW JERSEY old. This threshold currently stands at $24,000 complex and consists of complicated syntax IN THE HOUSE OF REPRESENTATIVES for veterans across the country, regardless of and tonal qualities, plus different dialects it where they live. was an ideal code. The original 29 Navajo Wednesday, July 25, 2001 We know that the costs of such basic ne- Code Talkers developed a code dictionary, Mr. FRELINGHUYSEN. Mr. Speaker, I rise cessities as housing and utilities differ across which had to be memorized. This code con- today to introduce legislation to ensure that all the country. According to the National Low In- sisted of English translations of Navajo veterans, regardless of where they live, have come Housing Coalition, the ten least afford- phrases. The Japanese were never able to equitable access to the best health care at VA able States include New Jersey, New York, break the complicated code. The Navajo Code E1436 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 Talkers successfully sent thousands of mes- the search for his uncle on the Web site. The ‘‘Some code talkers were guarded by fellow sages, enabling the Marines and this Nation to late John Willie Jr. was among the original Marines, whose role was to kill them in case achieve victory. 29 being sought to be honored in Washington of imminent capture by the enemy.’’ this month. There are also the names of others who did The war in the Pacific was brought to a ‘‘I was surfing the Web and I landed on Mr. close with the help of these original 29 Navajo not live long enough to be recognized, young Lapahie’s Web site. I didn’t know Zonnie Navajos who died in combat in Okinawa, code talkers and the hundreds of code talkers Gorman was searching for relatives of Code Guam, Iwo Jima and other on far away who followed. The Navajo, who bravely served Talkers. Filled with overwhelming pride, I shores and hilltops. this country, despite poor governmental treat- called her and explained that John Willie Jr. Navajo Code Talkers killed in action were ment at home, should be commended for their was my uncle.’’ Paul Begay, Johnson Housewood, Peter service. I would ask my colleagues to join me, ‘‘We compared some notes and I also Johnson, Jimmy Kelly Sr., Paul now and forever, in paying tribute to the origi- helped her to find Adolf Murgursky, another Kinlachcheeny, Leo Kirk, Ralph Morgan, Code Talker.’’ Sam Morgan, Willie Notah, Tom Singer, Al- nal 29 Navajo Code Talkers who bravely Willie did not live long enough to receive fred Tsosie, Harry Tsosie and Howard Tsosie. served this nation. I am including an article his recognition. from a recent edition of Indian Country Today, ‘‘I have mixed emotions because the rec- In the Web tribute to his father, Lapahie which recognizes the significant contributions ognition for my uncles’ war contributions says Navajos have been warriors time and of the Navajo Code Talkers. has come 50 years later,’’ Hedin said, ‘‘He again since they signed the Treaty of 1868 was one of the first 29.’’ with the United States. [From Indian Country Today, July 11, 2001] Still, he said, ‘‘I am so proud it is hard to ‘‘When the United States entered World NAVAJO CODE TALKERS TO GET express the feelings.’’ War II in 1941, the Navajos again left the CONGRESSIONAL GOLD MEDALS Like Lapahie, Zonnie Gorman honors the canyons, plains and mesa’s of their reserva- TRUE RECOGNITION A DECADE AFTER HEROISM memory of her father, Carl Nelson Gorman. tion homes to join the armed forces and The late artist, professor and storyteller and played a crucial role in such combat arenas (By Brenda Norrell) father of internationally renowned artist R. as Guadalcanal, Saipan, Bougainville, SANOSTEE, N.M.—The late Harrison C. Gorman was president of the Navajo Code Tinian, Anzio, Salerno, Normandy, Tarawa, Lapahie’s Dine name Yieh Kinne Yah means Talkers Association before his death in 1998. Iwo Jima, and countless other bloody islands ‘‘He finds things.’’ His son, Harrison Lapahie Gorman, struggling to find the last five of and forgotten battlefields.’’ Jr., is honoring his father’s name by finding the original 29 code talkers, said plans are More than 3,600 young Navajo men and Navajo Code Talkers who will receive Con- being completed with the White House for women joined the armed forces during World gressional gold and silver medals. the award ceremony. Another ceremony War II. Born here in Sanostee, officially in 1923 but later in the summer on the Navajo Nation ‘‘Proportionately, that figure represents closer actually to 1928, Harrison Lapahie will honor nearly 400 other Navajo Code one of the highest percentages of total popu- served in the U.S. Marines using his Native Talkers with silver medals. lation in the armed service of any ethnic tongue to transmit the code never broken by Lapahie’s Web site includes rare, original group in the United States.’’ the Japanese during World War II. Aircraft letters concerning creation of the code and Lapahie’s Web site includes his father’s bombers were ‘‘Jay-Sho’’ buzzards, dive- his father’s original maps from World War II translation of the Marine Corps Hymn into bombers were ‘‘Gini’’ chicken hawks and bat- in the Pacific, along with recognition from Navajo and a letter from the president of the tleships were ‘‘Lo-Tso’’ whales. Sen. Jeff Bingaman, D–N.M. Marine Corps Heritage Foundation. Lt. Gen. The original 29 Navajo Code Talkers who Bingaman introduced legislation in April Ron Christmas writes of an upcoming print created the code will join George Wash- 2000 and pressed Congress to honor Navajo honoring the Navajo Code Talkers and notes ington, Robert Kennedy, Mother Teresa and Code Talkers with gold and silver medals. Lapahie’s translation of the corps hymn. Nelson Mandela as recipients of the Congres- The bill was signed into law Dec. 21, 2000, and sional gold medal, the nation’s highest civil- the U.S. Mint began designing the special In remembering his father, Harry said, ian honor. gold and silver medals. ‘‘There is a story when Dad was strolling on With beautiful piano music and galloping ‘‘It has taken too long to properly recog- one of the islands, and went into a Japanese horses, an eagle and an American flag on his nize these soldiers, whose achievements have military site.’’ Web site, Harrison Lapahie’s son Harry links been obscured by twin veils of secrecy and ‘‘Yet he was untouched because the Japa- readers worldwide to the legacy and history time. As they approach the final chapter of nese though that he was Japanese!’’ of the Navajo warriors being honored more their lives, it is only fitting that the nation Harry’s father died in his Los Angeles than half a century after their heroism with pay them this honor,’’ Bingaman said. apartment Nov. 26, 1985, and is buried near their Dine-based military code. Another secret is revealed in the House bill Aztec, N.M., not far from the Ute Boarding Charles Hedin, Navajo working in health that describes the code kept secret for 23 School in Ignacio, Colo., he attended as a recovery with veterans in Denver, discovered years and declassified in 1968. child where he learned his baking skills. CONGRESSIONAL RECORD — Extensions of Remarks E1437 SENATE COMMITTEE MEETINGS and the nomination of Alex Azar II, of 10 a.m. Maryland, to be General Counsel, and Health, Education, Labor, and Pensions Title IV of Senate Resolution 4, the nomination of Janet Rehnquist, of Business meeting to consider proposed agreed to by the Senate on February 4, Virginia, to be Inspector General, both legislation entitled The Stroke Treat- 1977, calls for establishment of a sys- of the Department of Health and ment and Ongoing Prevention (STOP tem for a computerized schedule of all Human Services. STROKE) Act of 2001; the proposed meetings and hearings of Senate com- SD–215 Community Access to Emergency mittees, subcommittees, joint commit- 11 a.m. Defibrillation (Community AED) Act of tees, and committees of conference. Foreign Relations 2001; the proposed Health Care Safety Net Amendments of 2001; S. 543, to pro- This title requires all such committees To hold hearings on the nomination of Vincent Martin Battle, of the District vide for equal coverage of mental to notify the Office of the Senate Daily of Columbia, to be Ambassador to the health benefits with respect to health Digest—designated by the Rules com- Republic of Lebanon; the nomination insurance coverage unless comparable mittee—of the time, place, and purpose of Edward William Gnehm, Jr., of Geor- limitations are imposed on medical and of the meetings, when scheduled, and gia, to be Ambassador to the surgical benefits; and S. 838, to amend any cancellations or changes in the Hashemite Kingdom of Jordan; the the Federal Food, Drug, and Cosmetic meetings as they occur. nomination of Edmund James Hull, of Act to improve the safety and efficacy Virginia, to be Ambassador to the Re- of pharmaceuticals for children. As an additional procedure along SD–430 with the computerization of this infor- public of Yemen; the nomination of Richard Henry Jones, of Nebraska, to Judiciary mation, the Office of the Senate Daily be Ambassador to the State of Kuwait; Constitution, Federalism, and Property Digest will prepare this information for the nomination of Theodore H. Rights Subcommittee printing in the Extensions of Remarks Kattouf, of Maryland, to be Ambas- To hold hearings on S. 989, to prohibit ra- section of the CONGRESSIONAL RECORD sador to the Syrian Arab Republic; and cial profiling. on Monday and Wednesday of each the nomination of Maureen Quinn, of SD–226 2 p.m. week. New Jersey, to be Ambassador to the State of Qatar. Judiciary Meetings scheduled for Thursday, Antitrust, Business Rights, and Competi- July 26, 2001 may be found in the Daily SD–419 2 p.m. tion Subcommittee Digest of today’s RECORD. Health, Education, Labor, and Pensions To hold hearings on S. 1233, to provide penalties for certain unauthorized MEETINGS SCHEDULED To hold hearings to examine asbestos issues. writing with respect to consumer prod- SD–430 ucts. JULY 27 2:30 p.m. SD–226 9:30 a.m. Commerce, Science, and Transportation 2:30 p.m. Energy and Natural Resources Communications Subcommittee Commerce, Science, and Transportation To hold hearings on the nomination of To hold hearings on H.R. 308, to establish To hold hearings to examine spectrum John Arthur Hammerschmidt, of Ar- the Guam War Claims Review Commis- management and third generation kansas, to be a Member of the National sion; and H.R. 309, to provide for the wireless. Transportation Safety Board; the nom- determination of withholding tax rates SR–253 ination of Jeffrey William Runge, of under the Guam income tax. Appropriations North Carolina, to be Administrator of SD–366 Military Construction Subcommittee the National Highway Traffic Safety 10 a.m. To hold hearings on proposed budget es- Administration, Department of Trans- Banking, Housing, and Urban Affairs timates for the fiscal year 2002 for portation; and the nomination of To continue hearings to examine the MILCON budget overview, defense problem, impact, and responses of pred- Nancy Victory, to be Assistant Sec- agency, and Army construction. retary for Communications and Infor- atory mortgage lending practices. SD–138 SD–538 mation, and the nomination of Otto Armed Services Wolff, to be an Assistant Secretary and SeaPower Subcommittee JULY 30 Chief Financial Officer, both of Vir- To hold hearings on proposed legislation ginia, both of the Department of Com- 9:30 a.m. authorizing funds for fiscal year 2002 merce. Governmental Affairs for the Department of Defense and the SR–253 To hold hearings to examine the rising Future Years Defense Program, focus- Appropriations use of the drug ecstacy, focusing on ing on Navy shipbuilding programs. Military Construction Subcommittee ways the government can combat the SR–222 To hold hearings on proposed budget es- problem. 4 p.m. timates for the fiscal year 2002 for SD–342 Foreign Relations Navy construction and Air Force con- 1 p.m. To hold hearings the nomination of Rob- struction. Judiciary ert Geers Loftis, of Colorado, to be Am- SD–138 To hold hearings on the nomination of bassador to the Kingdom of Lesotho; Robert S. Mueller III, of California, to and the nomination of Joseph Gerard AUGUST 2 be Director of the Federal Bureau of Sullivan, of Virginia, to be Ambassador 9:30 a.m. Investigation, Department of Justice. to the Republic of Zimbabwe. Commerce, Science, and Transportation SH–216 SD–419 Business meeting to consider pending calendar business. JULY 31 AUGUST 1 SR–253 10 a.m. 9 a.m. Energy and Natural Resources Indian Affairs Small Business and Entrepreneurship Business meeting to consider energy pol- To hold hearings on the implementation To hold hearings to examine the business icy legislation. of the Indian Health Care Improvement of environmental technology. SD–366 Act, focusing on urban Indian Health SR–428A 10 a.m. Care Programs. 9:30 a.m. Indian Affairs SR–485 Commerce, Science, and Transportation To hold hearings on S. 212, to amend the Health, Education, Labor, and Pensions To hold hearings to examine trade issues. Indian Health Care Improvement Act Children and Families Subcommittee SR–253 to revise and extend such Act. To hold hearings to examine early detec- Armed Services SR–485 tion and early health screening issues. To hold hearings on the nomination of Health, Education, Labor, and Pensions SD–430 Gen. John P. Jumper, USAF, for re- To hold hearings on the nomination of Finance appointment to the grade of general John Lester Henshaw, of Missouri, to To hold hearings on the nomination of and to be Chief of Staff, United States be an Assistant Secretary of Labor, Oc- Robert C. Bonner, to be Commissioner Air Force. cupational Safety and Health Adminis- of Customs, and Rosario Marin, to be SD–106 tration. Treasurer of the United States, both of Energy and Natural Resources SD–430 California, both of the Department of Business meeting to consider energy pol- Judiciary the Treasury; the nomination of Jon M. icy legislation and other pending cal- Business meeting to consider pending Huntsman, Jr., of Utah, to be a Deputy endar business. calendar business. United States Trade Representative; SD–366 SD–226 E1438 CONGRESSIONAL RECORD — Extensions of Remarks July 25, 2001 2:30 p.m. sistant Secretary of Veterans Affairs SEPTEMBER 19 Commerce, Science, and Transportation for Information and Technology; the 2 p.m. Energy and Natural Resources nomination of Claude M. Kicklighter, Judiciary To hold joint hearings to examine the ef- of Georgia, to be Assistant Secretary of To hold hearings on S. 702, for the relief fect of energy policies on consumers. Veterans Affairs for Policy and Plan- of Gao Zhan. SH–216 ning; to be followed by a business SD–226 Veterans’ Affairs meeting to consider pending calendar To hold hearings on the nomination of business. John A. Gauss, of Virginia, to be As- SR–418 Wednesday, July 25, 2001 Daily Digest

HIGHLIGHTS Senate passed Iran and Libya Sanctions Act. The House passed H.R. 2590, Treasury and General Government Appro- priations, 2002. House Committees ordered reported 11 sundry measures. Senate Adopted: Chamber Action Graham Amendment No. 1064 (to Amendment Routine Proceedings, pages S8147–S8249 No. 1025), to ensure that the funds set aside for In- Measures Introduced: Sixteen bills were intro- telligent Transportation System projects are dedi- duced, as follows: S. 1234–1249. Page S8203 cated to the achievement of the goals and purposes set forth in the Intelligent Transportation Systems Measures Reported: Act of 1998. Pages S8156–58 S. 407, to amend the Trademark Act of 1946 to By 90 yeas to 8 nays (Vote No. 249), Cleland provide for the registration and protection of trade- Amendment No. 1033 (to Amendment No. 1025), marks used in commerce, in order to carry out provi- to direct the State of Georgia, in expending certain sions of certain international conventions, with an funds, to give priority consideration to certain high- amendment in the nature of a substitute. (S. Rept. way projects. Pages S8159–63 No. 107–46) Rejected: S. 1246, to respond to the continuing economic Gramm/McCain/Domenici Amendment No. 1065 crisis adversely affecting American agricultural pro- (to Amendment No. 1030), to prevent discrimina- ducers. Pages S8202–03 tion, in the application of truck safety standards, Measures Passed: against Mexico by imposing any requirements on a Mexican motor carrier that seeks to operate in the Iran and Libya Sanctions Act: By 96 yeas to 2 United States that do not exist with regard to nays (Vote No. 251), Senate passed S. 1218, to ex- United States and Canadian motor carriers. (By 65 tend the authorities of the Iran and Libya Sanctions yeas to 35 nays (Vote No. 250), Senate tabled the Act of 1996 until 2006, after taking action on the amendment.) Pages S8160–71 following amendment proposed thereto: Pending: Pages S8172–82, S8194–95 Murray/Shelby Amendment No. 1025, in the na- Withdrawn: ture of a substitute. Pages S8155–71 Murkowski Amendment No. 1154, to make the Murray/Shelby Amendment No. 1030 (to Amend- United States’ energy policy toward Iraq consistent ment No. 1025), to enhance the inspection require- with the national security policies of the United ments for Mexican motor carriers seeking to operate States. Pages S8176–79 in the United States and to require them to display decals. Pages S8155–71 Department of Transportation and Related A motion was entered to close further debate on Agencies Appropriations Act: Senate continued Amendment No. 1025 (listed above) and, in accord- consideration of H.R. 2299, making appropriations ance with the provisions of Rule XXII of the Stand- for the Department of Transportation and related ing Rules of the Senate, and by prior unanimous agencies for the fiscal year ending September 30, consent, the vote on the cloture motion will occur 2002, taking action on the following amendments on Thursday, July 26, 2001. Page S8195 proposed thereto: Pages S8155–71, S8195 A motion was entered to close further debate on the bill and, in accordance with the provisions of D768

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Rule XXII of the Standing Rules of the Senate, and Executive Communications: Pages S8201–02 by prior unanimous consent, the vote on the cloture Executive Reports of Committees: Page S8203 motion will occur on Thursday, July 26, 2001. Page S8195 Messages From the House: Page S8201 A unanimous-consent agreement was reached pro- Measures Referred: Page S8201 viding for the filing of second degree amendments Statements on Introduced Bills: Pages S8205–36 until 12:30 p.m., on Thursday, July 26, 2001. Pages S8203–05 Page S8249 Additional Cosponsors: A unanimous-consent agreement was reached pro- Amendments Submitted: Pages S8236–48 viding for further consideration of the bill at 12 Additional Statements: Pages S8200–01 noon, on Thursday, July 26, 2001. Page S8249 Enrolled Bills Presented: Page S8201 Nominations Confirmed: Senate confirmed the fol- lowing nominations: Notices of Hearings/Meetings: Page S8248 Wade F. Horn, of Maryland, to be Assistant Sec- Authority for Committees: Pages S8248–49 retary for Family Support, Department of Health and Privilege of the Floor: Page S8249 Human Services. Hector V. Barreto, Jr., of California, to be Admin- Record Votes: Three record votes were taken today. istrator of the Small Business Administration. (Total—248) Pages S8163, S8171, S8194 Pages S8182–94, S8249 Adjournment: Senate met at 9 a.m., and adjourned Nominations Received: Senate received the fol- at 7:15 p.m., until 12 noon, on Thursday, July 26, lowing nominations: 2001. (For Senate’s program, see the remarks of the James Gilleran, of California, to be Director of the Acting Majority Leader in today’s Record on page Office of Thrift Supervision for the remainder of the S8249.) term expiring October 23, 2002. Kenneth M. Donohue, Sr., of Virginia, to be In- spector General, Department of Housing and Urban Committee Meetings Development. (Committees not listed did not meet) Nils J. Diaz, of Florida, to be a Member of the Nuclear Regulatory Commission for the term of five BUSINESS MEETING years expiring June 30, 2006. (Reappointment) Marianne Lamont Horinko, of Virginia, to be As- Committee on Agriculture, Nutrition, and Forestry: Com- sistant Administrator, Office of Solid Waste, Envi- mittee ordered favorably reported an original bill (S. ronmental Protection Agency. 1246), to respond to the continuing economic crisis P. H. Johnson, of Mississippi, to be Federal Co- adversely affecting American agricultural producers. chairperson, Delta Regional Authority. (New Posi- tion) EDUCATION TECHNOLOGY Joseph M. DeThomas, of Pennsylvania, to be Am- Committee on Appropriations: Subcommittee on Labor, bassador to the Republic of Estonia. Health and Human Services, and Education con- Patrick Francis Kennedy, of Illinois, to be Rep- cluded hearings to examine technology’s effectiveness resentative of the United States of America to the as a teaching and learning tool in schools, inte- United Nations for the U.N. Management and Re- grating it into classroom curriculum, proper training form, with the rank of Ambassador, vice Donald for teachers, and what the federal government should Stuart Hays. do to help fund educational technology programs, Michael E. Malinowski, of the District of Colum- after receiving testimony from Margaret Honey, bia, to be Ambassador to the Kingdom of Nepal. Education Development Center’s Center for Children Arlene Render, of Virginia, to be Ambassador to and Technology, New York, New York; Gail Max- the Republic of Cote d’Ivoire. well, Griswold Community School District, Gris- Patrick M. Cronin, of the District of Columbia, to wold, Iowa; Cheryl Scott Williams, Corporation for be an Assistant Administrator of the United States Public Broadcasting, Washington, D.C., on behalf of Agency for International Development. the International Society for Technology in Edu- Bruce Cole, of Indiana, to be Chairperson of the cation; Thomas Gann, Sun Microsystems, Inc., Chevy National Endowment for the Humanities for a term Chase, Maryland; and David H. Rose, Center for Ap- of four years. Page S8249 plied Special Technology, Peabody, Massachusetts.

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AUTHORIZATION—DEFENSE GLOBAL discussion of the developments that necessitate the POWER PROTECTION change of the legal structure of the electricity indus- Committee on Armed Services: Subcommittee on Stra- try and legislative solutions), S. 597, Comprehensive tegic concluded hearings on proposed legislation au- and Balanced Energy Policy Act of 2001, S. 388, thorizing funds for fiscal year 2002 for the Depart- National Energy Security Act of 2001, and S. 1273, ment of Defense and the Future Years Defense Pro- Federal Power Act Amendments of 1999, and S. gram, focusing on global power projection, after re- 2098, Electric Power Market Competition and Reli- ceiving testimony from James G. Roche, Secretary of ability Act of 2000, receiving testimony from the Air Force; Gen. John P. Jumper, USAF, Com- Francis S. Blake, Deputy Secretary of Energy; Glenn mander, Air Combat Command, United States Air English, National Rural Electric Cooperative Asso- Force; Maj. Gen. John R. Baker, USAF, Deputy Di- ciation, Arlington, Virginia; John W. Rowe, Exelon rector of Air and Space Operations, United States Corporation, Chicago, Illinois, on behalf of the Edi- Air Force; Lt. Gen. Joseph H. Wehrle, Jr., USAF, son Electric Institute; Roy Thilly, Wisconsin Public Deputy Chief of Staff for Plans and Programs, Power, Inc., Sun Prairie, on behalf of the American United States Air Force; Maj. Gen. Paul A. Weaver, Public Power Association; Jeffrey D. Ayers, Aquila, Jr., ANG, Director, Air National Guard; Brig. Gen. Inc., Kansas City, Missouri, on behalf of the Electric John D. W. Corley, USAF, Mission Area Director of Power Supply Association; James L. Dushaw, Inter- Global Power Programs, Office of the Assistant Sec- national Brotherhood of Electrical Workers, and retary of the Air Force for Acquisition. David Hamilton, Alliance to Save Energy, both of Washington, D.C.; James B. Rouse, Praxair, Inc., U.S. BALANCE OF PAYMENT DEFICIT Danbury, Connecticut, on behalf of the Electricity Committee on Banking, Housing, and Urban Affairs: Consumers Resource Council; David N. Cook, North Subcommittee on Economic Policy concluded hear- American Electric Reliability Council, Princeton, ings to examine the risks of a growing U.S. balance New Jersey; and William M. Nugent, Maine Public of payments deficit, which is the trade deficit plus Utilities Commission, on behalf of the National As- the deficit in net payments, including interest, divi- sociation of Regulatory Utility Commissioners, and dends and the like, and its significance for particular Stephen Ward, on behalf of the National Association sectors of the economy and trade related matters as of State Utility Consumer Advocates, both of Au- a whole, after receiving testimony from Robert E. gusta, Maine. Rubin, Citigroup, Inc., former Secretary of the Hearings continue tomorrow. Treasury, William C. Dudley, Goldman, Sachs and Company, and Stephen S. Roach, Morgan Stanley, all BUSINESS MEETING of New York, New York; and Paul A. Volcker, Committee on Environment and Public Works: Com- Princeton University Woodrow Wilson School of mittee adopted its rules of procedure for the 107th Public and International Affairs, Princeton, New Jer- Congress, and announced the following sub- sey, former Chairman, Board of Governors of the committee assignments: Federal Reserve System. Subcommittee on Transportation, Infrastructure, and Nuclear NOMINATION Safety: Senators Reid (Chairman), Baucus, Graham, Lieberman, Boxer, Wyden, Inhofe (Ranking Member), Committee on Commerce, Science, and Transportation: Warner, Bond, Voinovich, and Chafee. Committee concluded hearings on the nomination of Subcommittee on Clean Air, Wetlands, and Climate Mary Sheila Gall, of Virginia, to be Chairman of the Change: Senators Lieberman (Chairman), Reid, Car- Consumer Product Safety Commission, after the per, Clinton, Corzine, Voinovich (Ranking Member), nominee testified and answered questions in her own Inhofe, Crapo, and Campbell. behalf. Subcommittee on Fisheries, Wildlife, and Water: Sen- COMPREHENSIVE ELECTRICITY ators Graham (Chairman), Baucus, Reid, Wyden, RESTRUCTURING Clinton, Corzine, Crapo (Ranking Member), Bond, Committee on Energy and Natural Resources: Committee Warner, Chafee, and Campbell. held hearings on proposals relating to comprehensive Subcommittee on Superfund, Toxics, Risk, and Waste electricity restructuring that promotes competition, Management: Senators Boxer (Chairman), Lieberman, protects consumers, enhances reliability, promotes re- Wyden, Carper, Clinton, Corzine, Chafee (Ranking newable energy, improves efficiency, repeals the Pub- Member), Warner, Inhofe, Crapo, and Specter. lic Utility Holding Company Act of 1935, and re- forms the Public Utility Regulatory Policies Act of NOMINATIONS 1978, and related provisions contained in the Com- Committee on Environment and Public Works: Com- mittee’s White Paper on Electricity Legislation (a mittee concluded hearings on the nominations of

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David A. Sampson, of Texas, to be Assistant Sec- closure policies, forms, and agreements that such retary of Commerce for Economic Development, and policies, forms and agreements conform with certain Robert E. Fabricant, of New Jersey, to be General disclosure protections, and provide certain authority Counsel, George Tracy Mehan III, of Michigan, to for the Special Counsel, after receiving testimony be Assistant Administrator for the Office of Water, from Senator Grassley; Elaine D. Kaplan, Special Judith Elizabeth Ayres, of California, to be Assistant Counsel, Office of Special Counsel; Beth S. Slavet, Administrator for the Office of International Activi- Chairman, Merit Systems Protection Board; and ties, and Donald R. Schregardus, of Ohio, to be As- Thomas M. Devine, Government Accountability sistant Administrator for the Office of Enforcement Project, Washington, D.C. and Compliance Assurance, all of the Environmental GENETIC RESEARCH Protection Agency, after the nominees testified and answered questions in their own behalf. Mr. Samp- Committee on Health, Education, Labor, and Pensions: son was introduced by Senator Hutchison and Rep- Committee held hearings on S. 318, to prohibit dis- resentative Frost. crimination on the basis of genetic information with respect to health insurance, and related genetics re- NOMINATIONS search issues regarding employment discrimination Committee on Foreign Relations: Committee conclude and prevention of disclosure of genetic information hearings on the nominations of Thomas C. Hubbard, to third parties, receiving testimony from Senator of Tennessee, to be Ambassador to the Republic of Daschle; Francis S. Collins, Director, National Korea, Franklin L. Lavin, of Ohio, to be Ambassador Human Genome Research Institute, National Insti- to the Republic of Singapore, Marie T. Huhtala, of tutes of Health, Department of Health and Human California, to be Ambassador to Malaysia, and John Services; Kathleen Zeitz, Omaha, Nebraska, on be- Thomas Schieffer, of Texas, to be Ambassador to half of the National Breast Cancer Coalition; and Australia, after the nominees testified and answered David Escher, Burlington Northern Santa Fe Rail- questions in their own behalf. Mr. Schieffer was in- road, McCook, Nebraska, on behalf of the Brother- troduced by Senators Hutchison and Gramm. hood of Maintenance of Way Employees. ENTERTAINMENT RATINGS SYSTEM Hearings recessed subject to call. Committee on Governmental Affairs: Committee con- INDIAN GAMING REGULATORY ACT cluded hearings to examine the current entertain- Committee on Indian Affairs: Committee held over- ment ratings system, focusing on evaluation of the sight hearings on the implementation of the Indian criteria and standards for the ratings, accusations of Gaming Regulatory Act, focusing on the current sta- leniency, the potential need for independent judg- tus of tribal gaming operations, the growth in the ment, and improvement of the ratings in order to Indian gaming industry, the extent to which gaming provide parents and consumers with accurate infor- is being conducted by tribal governments, and the mation in a manner that is accessible, simple, reli- regulatory framework for Indian gaming, receiving able, and responsive, after receiving testimony from testimony from M. Sharon Blackwell, Deputy Com- Senator Brownback; Dale Kunkel, University of Cali- missioner of Indian Affairs, Bureau of Indian Affairs, fornia Department of Communications, Santa Bar- Department of the Interior, who was accompanied by bara; Roger Pilon, Cato Institute Center for Con- an associate; Montie R. Deer, Chairman, Elizabeth stitutional Studies, Douglas Lowenstein, Interactive Homer, Vice-Chair, and Teresa Poust, Commis- Digital Software Association, Doug McMillon, Wal- sioner, all of the National Indian Gaming Commis- Mart Stores, Inc., Hilary Rosen, Recording Industry sion; Ernest L. Stevens, Jr., National Indian Gaming Association of America, and Jack Valenti, Motion Association, Washington, D.C.; Keller George, Picture Association of America, all of Washington, United South and Eastern Tribes, Inc., Nashville, D.C.; Michael Rich, Harvard Medical School/Chil- Tennessee; Daniel J. Tucker, California Nations In- dren’s Hospital, Boston, Massachusetts; William dian Gaming Association, Sacramento; David Baldwin, Creative Coalition, New York, New York; LaSarte, Arizona Indian Gaming Association, Phoe- and Laura Smit, Columbia, Maryland. nix; and Tracy Burris, Oklahoma Indian Gaming As- WHISTLEBLOWER PROTECTION ACT sociation, Norman. Hearings recessed subject to call. Committee on Governmental Affairs: Subcommittee on International Security, Proliferation and Federal Serv- DAIRY CONSUMERS ices concluded hearings on S. 995, to amend chapter Committee on the Judiciary: Committee concluded 23 of title 5, United States Code, to clarify the dis- hearings on S. 1157, to reauthorize the consent of closures of information protected from prohibited Congress to the Northeast Interstate Dairy Compact personnel practices, require a statement in non-dis- and to grant the consent of Congress to the Southern

VerDate 11-MAY-2000 06:00 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JY1.REC pfrm03 PsN: D25JY1 D772 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2001 Dairy Compact, a Pacific Northwest Dairy Compact, Accounting Office report entitled ‘‘Critical Infra- and an Intermountain Dairy Compact, after receiving structure Protection: Significant Challenges in De- testimony from Massachusetts Commissioner of Ag- veloping National Capabilities’’, focusing on the op- riculture Jonathon L. Healy, Boston; North Carolina eration of the National Infrastructure Protection State Representative Harold Brubaker, Asheboro; Center and the fight against cybercrime, after receiv- former Massachusetts State Senator Lois G. Pines, ing testimony from Ronald L. Dick, Director, Na- Newton; Daniel Smith, Northeast Dairy Compact tional Infrastructure Protection Center, Federal Bu- Commission, Montpelier, Vermont; Grover G. reau of Investigation, Department of Justice; Robert Norquist, Americans for Tax Reform, Washington, F. Dacey, Director, Information Security Issues, Gen- D.C.; Stephen H. Burrington, Conservation Law eral Accounting Office; Sallie McDonald, Assistant Foundation, Boston, Massachusetts; Burt Neuborne, Commissioner, Office of Information Assurance and New York University School of Law, New York Critical Infrastructure Protection, Federal Tech- City; James F. Beatty, Louisiana State University, nology Service, General Services Administration; Franklinton; and Richard Gorder, Mineral Point, James A. Savage, Jr., Deputy Special Agent in Wisconsin, on behalf of the Wisconsin Farm Bureau Charge, Financial Crimes Division, United States Se- Federation. cret Service, Department of the Treasury; Michehl R. Gent, North American Electric Reliability Council, CYBERCRIME Princeton, New Jersey; and Christopher Klaus, Inter- Committee on the Judiciary: Subcommittee on Tech- net Security Systems, Inc., Atlanta, Georgia, on be- nology, Terrorism, and Government Information half of the Information Technology Association of concluded oversight hearings to examine the General America.

VerDate 11-MAY-2000 06:00 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JY1.REC pfrm03 PsN: D25JY1 July 25, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D773 House of Representatives Frank amendment that prohibits payments to per- Chamber Action sons in positions which he or she has been nomi- Bills Introduced: 25 public bills, H.R. 2621–2645; nated after the Senate has voted not to approve the and 7 resolutions, H.J. Res. 58; H. Con. Res. nomination; Pages H4590–92 197–200, and H. Res. 207–208, were introduced. Sanders amendment that prohibits the release of Pages H4633–34 merchandise for which the United States Customs Reports Filed: Reports were filed as follows: Service has a detention order on the basis that it was H.R. 2620, making appropriations for the Depart- made by forced or indentured child labor; ments of Veterans Affairs and Housing and Urban Pages H4593–94 Development, and for sundry independent agencies, Flake substitute amendment to the Smith of New boards, commissions, corporations, and offices for the Jersey amendment No. 5 printed in the Congres- fiscal year ending September 30, 2002 (H. Rept. sional Record that prohibits funding to administer the Cuban Assets Control Regulations with respect 107–159). to any travel or travel related transaction (agreed to H.R. 2436, to provide secure energy supplies for by a recorded vote of 240 ayes to 186 noes, Roll No. the people of the United States, amended (H. Rept. 270); and Pages H4599–H4604, H4607 107–160, Pt. 1); Smith of New Jersey amendment No. 5 printed in Report on the Revised Suballocation of Budget the Congressional Record of July 24, amended, that Allocations for Fiscal Year 2002 (H. Rept. prohibits funding to administration of the Cuban 107–161); Assets Control Regulations with respect to any travel H.R. 2587, to enhance energy conservation, pro- or travel related transaction (the Smith amendment vide for security and diversity in the energy supply as originally offered prohibited the funding only for the American people, amended (H. Rept. after the President had certified that the Cuban gov- 107–162, Pt. 1); and ernment had released political prisoners and returned H. Res. 209, waiving a requirement of clause 6(a) to United States jurisdiction all persons residing in of rule XIII with respect to consideration of certain Cuba who are sought for crimes of air piracy, nar- resolutions reported from the Committee on Rules cotics trafficking, or murder. (H. Rept. 107–163). Page H4633 Pages H4598–H4604, H4607 Guest Chaplain: The prayer was offered by the Rejected: guest Chaplain, Rev. Thomas A. Cappelloni, Holy Inslee amendment No. 9 printed in the Congres- Name of Jesus Parish of Scranton, Pennsylvania. sional Record of July 24 that sought to strike sec- Page H4545 tion 634 that consolidates the vice presidential resi- dence utility costs at the Naval Observatory with Treasury and General Government Appropria- other activities of the Department of the Navy (re- tions, 2002: The House passed H.R. 2590, making jected by a recorded vote of 141 ayes to 285 noes, appropriations for the Treasury Department, the Roll No. 268); Pages H4577–86, H4595 United States Postal Service, the Executive Office of Hinchey amendment that sought to strike section the President, and certain Independent Agencies, for 635 that allows the donation of food and beverages the fiscal year ending September 30, 2002, by a yea- for official events at the vice presidential residence and-nay vote of 334 yeas to 94 nays, Roll No. 274. (rejected by a recorded vote of 151 ayes to 274 noes, Pages H4553–H4622 Roll No. 269); Pages H4586–88, H4595–96 Agreed To: Wynn amendment that sought to prohibit fund- Istook amendment that consolidates appropriations ing to initiate the process of contracting out, for various accounts within Title III, Executive Of- outsourcing, privatizing, or converting any Federal fice of the President; Pages H4570–71 Government services in contravention of Public Law Collins amendment that makes available $14 mil- 105–270, Federal Activities Inventory Reform Act of lion from the Federal Buildings Fund for a National 1998; Pages H4596–98 Archives and Records Administration building in Rangel amendment No. 7 printed in the Congres- Georgia; Pages H4588–89 sional Record that sought to prohibit funding to im- Traficant amendment No. 6 printed in the Con- plement, administer, or enforce the economic embar- gressional Record of July 24 that prohibits funds to go of Cuba except for provisions that relate to the any person or entity that have been convicted of vio- denial of foreign tax credits or the implementation lating the Buy American Act; Pages H4589–90 of the Harmonized Tariff Schedule of the United

VerDate 11-MAY-2000 06:00 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JY1.REC pfrm03 PsN: D25JY1 D774 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2001 States (rejected by a recorded vote of 201 ayes to extension of the waiver authority contained in sec- 227 noes, Roll No. 271); Pages H4604–07, H4607–08 tion 402(c) of the Trade Act of 1974 with respect Traficant amendment that sought to prohibit to Vietnam; that it be considered read; that all bonus or incentive payments to senior officials of the points of order be waived; that it be debatable for Internal Revenue Service (rejected by a recorded vote 1 hour, equally divided and controlled by the Chair- of 24 ayes to 401 noes, Roll No. 272); and man of the Committee on Ways and Means in oppo- Pages H4608–09, H4620–21 sition and a Member in support of the joint resolu- Filner amendment that sought to prohibit funding tion, that pursuant to sections 152 and 153 of the to implement the final report of the President’s Trade Act of 1974, the previous question be consid- Commission to Strengthen Social Security (rejected ered as ordered to final passage without intervening by a recorded vote of 188 ayes to 238 noes, Roll No. motion; and that the provisions of section 152 and 273). Pages H4614–20, H4621 153 of the Trade Act of 1974 shall not otherwise Withdrawn: apply to any joint resolution disapproving the exten- Weldon of Florida amendment No. 4 printed in sion of the waiver authority contained in section the Congressional Record of July 23 was offered but 402(c) of the Trade Act of 1974 with respect to subsequently withdrawn that sought to prohibit the Vietnam for the remainder of the first session of the implementation of proposed IRS regulations that re- One Hundred Seventh Congress. Pages H4622–23 quire banks to report the deposit interest paid to Amendments: Amendments ordered printed pursu- nonresident aliens; and Pages H4592–93 ant to the rule appear on pages 4635–37. Hastings of Florida amendment No. 8 printed in the Congressional Record was offered but subse- Quorum Calls—Votes: Two yea-and-nay votes and six recorded votes developed during the proceedings quently withdrawn that sought to increase funding of the House today and appear on pages H4552–53, for the Federal Election Commission by $600 mil- H4595, H4595–96, H4607, H4608, H4620–21, lion to assist state and local governments update H4621, and H4622. There were no quorum calls. their voting systems with offsets from an across the board reduction to all discretionary accounts. Adjournment: The House met at 10 a.m. and ad- Pages H4610–14 journed at 10:20 p.m. Point of Order Sustained Against: Kucinich amendment No. 4 printed in the Con- Committee Meetings gressional Record of July 24 that sought to establish MEDICARE: THE NEED FOR REFORM a commission to oppose the privatization of Social Security. Pages H4567–68 Committee on the Budget: Held a hearing on Medicare: By voice vote, rejected the Obey motion that the The Need for Reform. Testimony was heard from Committee rise and report the bill back to the the following officials of the GAO: David M. Walk- House with the recommendation that the enacting er, Comptroller General; and William J. Scanlon, clause be stricken out. Pages H4583–84 Director-Health Care Issues; Ruben Jose King-Shaw, H. Res. 206, the rule that provided for consider- Deputy Administrator, Centers for Medicare and ation of the bill was agreed to by voice vote. Agreed Medicaid Services, Department of Health and to order the previous question by a yea-and-nay vote Human Services; and public witnesses. of 293 yeas to 129 nays, Roll No. 267. MISCELLANEOUS MEASURES Pages H4549–53 Committee on Financial Services: Ordered reported the Suspension—ILSA Extension Act of 2001: The following bills: H.R. 2510, Defense Production Act Chair postponed further proceedings on the motion Amendments of 2001; and H.R. 2589, Office of to suspend the rules and pass H.R. 1954, amended, Multifamily Housing Assistance Restructuring Ex- to extend the authorities of the Iran and Libya Sanc- tension Act of 2001. tions Act of 1996 until 2006, debated on Tuesday, MISCELLANEOUS MEASURES July 24 until Thursday, July 26. Page H4622 Committee on Government Reform: Ordered reported the Committee Election: The House agreed to H. Res. following measures: H. Res. 125, expressing the 207, electing Representative Larsen of Washington sense of the House of Representatives that the Na- to the Committee on Armed Services. Page H4622 tional Capital Planning Commission should adopt a Consideration of Joint Resolution Disapproving plan that permanently returns Pennsylvania Avenue the Extension of Normal Trade Relations Treat- to the use of residents, commuters, and visitors to ment to Vietnam: Agreed that it be in order at any the Nation’s capital and that protects the security of time on July 25, 2001, or any day thereafter, to con- the people who live and work in the White House, sider in the House H.J. Res. 55, disapproving the and that the President should adopt and implement

VerDate 11-MAY-2000 06:00 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JY1.REC pfrm03 PsN: D25JY1 July 25, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D775 such a plan; H.R. 1499, District of Columbia Col- and for sundry independent agencies, commissions, lege Access Act Technical Corrections Act of 2001; corporations, and offices for the fiscal year ending H.R. 2061, to amend the charter of Southeastern September 30, 2002. Testimony was heard from University of the District of Columbia; H.R. 2199, Representatives Walsh, Mollohan, Obey, Bishop, and District of Columbia Police Coordination Amend- Jackson-Lee of Texas. ment Act of 2001; H.R. 2291, to extend the author- ization of the Drug-Free Communities Support Pro- BIENNIAL BUDGETING gram for an additional 5 years, to authorize a Na- Committee on Rules: Subcommittee on Legislative and tional Community Antidrug Coalition Institute; Budget Process held a hearing on Biennial Budg- H.R. 2456, to provide that Federal employees may eting. Testimony was heard from Representatives retain for personal use promotional items received as Bass, Luther, Hobson, Knollenberg, Price of North a result of travel in the course of employment; and Carolina and Barton of Texas; Mitchell E. Daniels, H.R. 2559, to amend chapter 90 of title 5, United Director, OMB; and public witnesses. States Code, relating to Federal long-term care insur- ance. REDUCING REGULATORY AND MISCELLANEOUS MEASURES PAPERWORK BURDENS ON SMALL Committee on International Relations: Ordered reported HEALTHCARE PROVIDERS H.R. 2602, to extend the Export Administration Act Committee on Small Business: Held a hearing entitled until November 20, 2001. ‘‘Reducing Regulatory and Paperwork Burdens on The Committee also favorably considered and Small Healthcare Providers: Proposals from the Exec- adopted a motion urging the Chairman to request utive Branch.’’ Testimony was heard from the fol- that H. Con. Res. 178, concerning persecution of lowing officials of the Department of Health and Montagnard peoples in Vietnam, be considered on Human Services: Thomas Scully, Administrator, the Suspension Calendar. Centers for Medicare and Medicaid Services; and DAYTON ACCORDS George Grob, Deputy Inspector General; and John Graham, Administrator, Office of Information and Committee on International Relations: Held a hearing on Regulatory Affairs, OMB. the Dayton Accords: A View From the Ground. Tes- timony was heard from public witnesses. AMTRAK AND HIGH SPEED RAIL— CONSERVATION AND REINVESTMENT ACT CURRENT STATUS AND FUTURE Committee on Resources: Ordered reported, as amended, PROSPECTS H.R. 701, Conservation and Reinvestment Act. Committee on Transportation and Infrastructure: Sub- committee on Railroads held a hearing on Current SAME DAY CONSIDERATION OF CERTAIN Status and Future Prospects of Amtrak and High RESOLUTIONS REPORTED BY THE Speed Rail. Testimony was heard from Kenneth COMMITTEE ON RULES Mead, Inspector General, Department of Transpor- Committee on Rules: Granted, by voice vote, a resolu- tation; JayEtta Hecker, Director, Physical Infrastruc- tion waiving clause 6(a) of rule XIII (requiring a ture Team, GAO; George Warrington, President and two-thirds vote to consider a rule on the same day CEO, National Railroad Passenger Corporation (AM- it is reported from the Rules Committee) against TRAK); and public witnesses. certain resolutions reported from the Rules Com- mittee. The resolution applies the waiver to a special INTELLIGENCE BUDGET ISSUES rule reported on the legislative day of Thursday, July 26, 2001, providing for consideration or disposition Permanent Select Committee on Intelligence: Met in execu- of H.R. 2620, making appropriations for the Depart- tive session to hold a hearing on Intelligence Budget ments of Veterans Affairs and Housing and Urban Issues. Testimony was heard from departmental wit- Development and for sundry independent agencies, nesses. boards, commissions, corporations, and offices for the f fiscal year ending September 30, 2002. NEW PUBLIC LAWS VA, HUD AND INDEPENDENT AGENCIES (For last listing of Public Laws, see DAILY DIGEST of July 10, APPROPRIATIONS 2001, p. D678) Committee on Rules: Held a hearing on H.R. 2620, H.R. 2216, making supplemental appropriations for making appropriations for the Departments of Vet- the fiscal year ending September 30, 2001. Signed on erans Affairs and Housing and Urban Development July 24, 2001. (Public Law 107–20)

VerDate 11-MAY-2000 06:00 Jul 26, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D25JY1.REC pfrm03 PsN: D25JY1 D776 CONGRESSIONAL RECORD — DAILY DIGEST July 25, 2001 COMMITTEE MEETINGS FOR THURSDAY, en Gate National Recreation Area in the State of Cali- JULY 26, 2001 fornia, to extend the term of the advisory commission for the recreation area; S. 1057, to authorize the addition of (Committee meetings are open unless otherwise indicated) lands to Pu’uhonua o Honaunau National Historical Park Senate in the State of Hawaii; S. 1105, to provide for the expe- Special Committee on Aging: to hold hearings to examine ditious completion of the acquisition of State of Wyo- Medicare enforcement actions focusing on the federal gov- ming lands within the boundaries of Grand Teton Na- ernments anti-fraud efforts, 10 a.m., SD–124. tional Park; and H.R. 640, to adjust the boundaries of Committee on Agriculture, Nutrition, and Forestry: to hold Santa Monica Mountains National Recreation Area, 2:45 hearings on the nomination of Hilda Gay Legg, of Ken- p.m., SD–366. tucky, to be Administrator, Rural Utilities Service, and Committee on Environment and Public Works: to hold hear- the nomination of Mark Edward Rey, of the District of ings to examine the environmental and public health im- Columbia, to be Under Secretary for Natural Resources pacts of power plant emissions, 9:30 a.m., SD–406. and Environment and to be a Member of the Board of Committee on Finance: business meeting to consider S. Directors of the Commodity Credit Corporation, both of 643, to implement the agreement establishing a United the Department of Agriculture; to be followed by a busi- States-Jordan free trade area; and to consider an original ness meeting to consider pending calendar business, committee resolution calling for an investigation of the 10:30 a.m., SR328A. importation of certain steel products, 10 a.m., SD–215. Committee on Appropriations: business meeting to mark Committee on Foreign Relations: business meeting to con- up proposed legislation making appropriations for the sider proposed legislation entitled ‘‘Foreign Relations Au- Treasury Department, the United States Postal Service, thorization Act’’, fiscal year 2002 and 2003; S. 367, to the Executive Office of the President, and certain Inde- prohibit the application of certain restrictive eligibility pendent Agencies, for the fiscal year ending September requirements to foreign nongovernmental organizations 30, 2002; and making appropriations for foreign oper- with respect to the provision of assistance under part I ations, export financing, and related programs for the fis- of the Foreign Assistance Act of 1961; the nomination of cal year ending September 30, 2002, 3 p.m., S–128, Cap- Stuart A. Bernstein, of the District of Columbia, to be itol. Ambassador to Denmark; the nomination of Sue McCourt Committee on Banking, Housing, and Urban Affairs: to Cobb, of Florida, to be Ambassador to Jamaica; the nomi- hold hearings to examine the problem, impact, and re- nation of Russell F. Freeman, of North Dakota, to be sponses of predatory mortgage lending practices, 10 a.m., Ambassador to Belize; the nomination of Michael E. SD–538. Guest, of South Carolina, to be Ambassador to Romania; Full Committee, to hold hearings on the nomination the nomination of Charles A. Heimbold, Jr., of Con- of Linda Mysliwy Conlin, of New Jersey, to be Assistant necticut, to be Ambassador to Sweden; the nomination of Secretary of Commerce for Trade and Development; the Thomas J. Miller, of Virginia, to be Ambassador to nomination of Michael J. Garcia, of New York, to be As- Greece; the nomination of Larry C. Napper, of Texas, to sistant Secretary of Commerce for Export Enforcement; be Ambassador to the Republic of Kazakhstan; the nomi- the nomination of Melody H. Fennel, of Virginia, to be nation of Roger Francisco Noriega, of Kansas, to be Per- Assistant Secretary of Housing and Urban Development manent Representative of the United States of America to for Congressional and Intergovernmental Relations; and the Organization of American States; the nomination of the nomination of Michael Minoru Fawn Liu, of Illinois, Jim Nicholson, of Colorado, to be Ambassador to the to be Assistant Secretary of Housing and Urban Develop- ment for Public; and Indian Housing and the nomination Holy See; and the nomination of Mercer Reynolds, of of Henrietta Holsman Fore, of Nevada, to be Director of Ohio, to be Ambassador to Switzerland, and to serve con- the Mint, Department of the Treasury, 2:30 p.m., currently and without additional compensation as Ambas- SD–538. sador to the Principality of Liechtenstein, 11 a.m., Committee on Commerce, Science, and Transportation: to SD–419. hold hearings to examine chemical harmonization issues, Committee on Governmental Affairs: to hold hearings on 9 a.m., SR–253. the nomination of Lynn Leibovitz, of the District of Co- Committee on Energy and Natural Resources: to continue lumbia, to be an Associate Judge of the Superior Court hearings on legislative proposals relating to comprehen- of the District of Columbia, 9:30 a.m., SD–342. sive electricity restructuring legislation, including elec- Committee on the Judiciary: business meeting to consider tricity provisions of S. 388, the National Energy Security S. 778, to expand the class of beneficiaries who may Act; S. 597, the Comprehensive and Balanced Energy apply for adjustment of status under section 245(i) of the Policy Act; and electricity provisions contained in S. Immigration and Nationality Act by extending the dead- 1273 and S. 2098 of the 106th Congress, 9:45 a.m., line for classification petition and labor certification fil- SH–216. ings; S. 754, to enhance competition for prescription Subcommittee on National Parks, Historic Preserva- drugs by increasing the ability of the Department of Jus- tion, and Recreation, to hold hearings on S. 423, to tice and Federal Trade Commission to enforce existing amend the Act entitled ‘‘An Act to provide for the estab- antitrust laws regarding brand name drugs and generic lishment of Fort Clatsop National Memorial in the State drugs; S. 625, to provide Federal assistance to States and of Oregon’’; S. 941, to revise the boundaries of the Gold- local jurisdictions to prosecute hate crimes; S. 1099, to

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increase the criminal penalties for assaulting or threat- Subcommittee on Middle East and South Asia, hearing ening Federal judges, their family members, and other on U.S. Policy Towards the Palestinians-Part I, 10 a.m., public servants; the nomination of Asa Hutchinson, of 2172 Rayburn. Arkansas, to be Administrator of Drug Enforcement, and Committee on the Judiciary, Subcommittee on Courts, the the nomination of James W. Ziglar, of Mississippi, to be Internet, and Intellectual Property, hearing on H.R. Commissioner of Immigration and Naturalization, both of 2522, Federal Courts Improvement Act of 2001, 10 a.m., the Department of Justice, 10 a.m., SD–226. 2141 Rayburn. Subcommittee on Crime, hearing and markup of H.R. House 2621, Consumer Product Protection Act of 2001, 2 p.m., 2237 Rayburn. Committee on Agriculture, to consider the Farm Bill, 10 Committee on Resources, Subcommittee on Forests, and a.m., 1300 Longworth. Forest Health, hearing on the following bills: H.R. 1576, Committee on Appropriations, to mark up the Legislative James Peak Wilderness, Wilderness Study, and Protection Branch appropriations for fiscal year 2002,10 a.m., 2359 Area Act; and H.R. 1772, to provide for an exchange of Rayburn. certain property between the United States and Ephraim Committee on Armed Services, Special Oversight Panel on City, Utah, 10 a.m., 1334 Longworth. the Merchant Marine, to consider recommendations to Subcommittee on National Parks, Recreation and Pub- H.R. 2586, National Defense Authorization Act for Fiscal lic Lands, hearing on the following bills: H.R. 2385, Vir- Year 2002, 9 a.m., 2216 Rayburn. gin River Dinosaur Footprint Preserve Act; and H.R. Special Oversight Panel on Morale, Welfare and Recre- 2488, to designate certain lands in the Pilot Range in the ation, to consider recommendations to H.R. 2586, Na- State of Utah as wilderness, 2 p.m., 1334 Longworth. tional Defense Authorization Act for Fiscal Year 2002, 10 Subcommittee on Water and Power, hearing on the a.m., 2212 Rayburn. following bills: H.R. 1985, Short-Term and Long-Term Committee on Energy and Commerce, Subcommittee on California Water Security; and H.R. 2404, California Commerce, Trade and Consumer Protection, hearing on Water Quality and Reliability Act of 2001, 2 p.m., 1324 ‘‘How Do Businesses Use Customer Information: Is the Longworth. Customer’s Privacy Protected?’’ 9:30 a.m., 2322 Rayburn. Committee on Science, Subcommittee on Environment, Subcommittee on Health, hearing entitled ‘‘Medicare Technology and Standards, hearing on Combating the In- Modernization: Examining the President’s Framework for vaders: Research on Non-Native Species, 11 a.m., 2318 Strengthening the Program,’’ 9:15 a.m., 2123 Rayburn, Rayburn. Committee on Financial Services, Subcommittee on Capital Committee on Transportation and Infrastructure, Sub- Markets, Insurance, and Government Sponsored Enter- committee on Aviation, oversight hearing on the Com- prises, hearing entitled ‘‘Market Data II: Implications to petitiveness of the U.S. Aircraft Manufacturing Industry, investors and market transparency of granting ownership 10 a.m., 2167 Rayburn. rights over stock quotes,’’ 2 p.m., 2128 Rayburn. Subcommittee on Coast Guard and Maritime Transpor- Subcommittee on Financial Institutions and Consumer tation, executive, oversight hearing on Drug Interdiction, Credit, hearing entitled ‘‘Viewpoints of Select Regulators 2 p.m., 2167 Rayburn. on Deposit Insurance Reform,’’ 10 a.m., 2128 Rayburn. Committee on Ways and Means, to mark up the following Committee on Government Reform, Subcommittee on Cen- measures: H.J. Res. 51, approving the extension of non- sus, hearing on American’s Abroad, How Can We Count discriminatory treatment with respect to the products of Them? 1:30 p.m., 2247 Rayburn. the Socialist Republic of Vietnam; and H.R. 2603, Subcommittee on Government Efficiency, Financial United States-Jordan Free Trade Area Implementation Management and Intergovernmental Relations, ‘‘Over- Act of 2001, 2 p.m., 1100 Longworth. sight hearing on the Department of Defense’s Illegal Ma- Subcommittee on Social Security, hearing on Mis- nipulation of Appropriated Funds,’’ 10 a.m., 2154 Ray- leading Mailings Targeted to Seniors, 10 a.m., 1100 burn. Longworth. Committee on International Relations, Subcommittee on Permanent Select Committee on Intelligence, executive, hear- East Asia and the Pacific, hearing on U.S.-Korea Rela- ing on Counternarcotics Issues, 1:30 p.m., H–405 Cap- tions after the Policy Review, 10 a.m., 2200 Rayburn. itol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Thursday, July 26 10 a.m., Thursday, July 26

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.J. Res. 55, ation of H.R. 2299, Department of Transportation and Disapproving Normal Trade Relations with Vietnam Related Agencies Appropriations Act, with a vote on the (unanimous consent, 1 hour of debate); and motion to close further debate on Amendment No. 1025 Consideration of H.R. 2620, VA/HUD Appropriations to occur at 1 p.m. Act for Fiscal Year 2002 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Israel, Steve, N.Y., E1425 Rothman, Steven R., N.J., E1432 Kucinich, Dennis J., Ohio, E1425 Roybal-Allard, Lucille, Calif., E1430 Calvert, Ken, Calif., E1428 Langevin, James R., R.I., E1429 Rush, Bobby L., Ill., E1420 Capps, Lois, Calif., E1425 LoBiondo, Frank A., N.J., E1427 Ryan, Paul, Wisc., E1419 Cardin, Benjamin L., Md., E1424 McInnis, Scott, Colo., E1429, E1434 Schakowsky, Janice D., Ill., E1420 Coble, Howard, N.C., E1427 Millender-McDonald, Juanita, Calif., E1419 Slaughter, Louise McIntosh, N.Y., E1421, E1424 Davis, Danny K., Ill., E1429 Moore, Dennis, Kansas, E1433 Solis, Hilda L., Calif., E1432 DeFazio, Peter A., Ore., E1435 Moran, Jerry, Kansas, E1435 Stark, Fortney Pete, Calif., E1421 DeGette, Diana, Colo., E1433 Nethercutt, George R., Jr., Wash., E1430 Stearns, Cliff, Fla., E1427 DeLauro, Rosa L., Conn., E1429, E1430, E1432, E1432, Pomeroy, Earl, N.D., E1426 Towns, Edolphus, N.Y., E1430 E1433, E1435 Quinn, Jack, N.Y., E1421 Udall, Mark, Colo., E1434, E1435 Frelinghuysen, Rodney P., N.J., E1435 Radanovich, George, Calif., E1420, E1423, E1425, E1428, Walsh, James T., N.Y., E1428 Green, Gene, Tex., E1428 E1430 Young, Don, Alaska, E1426 Harman, Jane, Calif., E1424 Ross, Mike, Ark., E1419

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