Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 107 CONGRESS, SECOND SESSION

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

Vol. 148 WASHINGTON, WEDNESDAY, SEPTEMBER 4, 2002 No. 110 House of Representatives The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE S. 812. An act to amend the Federal Food, called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the Drug, and Cosmetic Act to provide greater pore (Mr. CULBERSON). access to affordable pharmaceuticals. gentleman from Nevada (Mr. GIBBONS) S. 1010. An act to extend the deadline for f come forward and lead the House in the commencement of construction of a hydro- Pledge of Allegiance. electric project in the State of North Caro- DESIGNATION OF THE SPEAKER Mr. GIBBONS led the Pledge of Alle- lina. PRO TEMPORE giance as follows: S. 1227. An act to authorize the Secretary of the Interior to conduct a study of the suit- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the United States of America, and to the Repub- ability and feasibility of establishing the Ni- fore the House the following commu- agara Falls National Heritage Area in the nication from the Speaker: lic for which it stands, one nation under God, indivisible, with liberty and justice for all. State of New York, and for other purposes. WASHINGTON, DC, S. 1240. An act to provide for the acquisi- September 4, 2002. f tion of land and construction of an inter- I hereby appoint the Honorable JOHN MESSAGE FROM THE SENATE agency administrative and visitor facility at the entrance to American Fork Canyon, ABNEY CULBERSON to act as Speaker pro tem- A message from the Senate by Mr. pore on this day. Utah, and for other purposes. J. DENNIS HASTERT, Monahan, one of its clerks, announced S. 1325. An act to ratify an agreement be- Speaker of the House of Representatives. that the Senate has passed without tween the Aleut Corporation and the United amendment a concurrent resolution of States of America to exchange land rights f the House of the following title: received under the Alaska Native Claims Settlement Act for certain land interests on H. Con. Res. 348. Concurrent resolution au- PRAYER Adak Island, and for other purposes. thorizing the use of the Capitol Grounds for S. 1339. An act to amend the Bring Them The Chaplain, the Reverend Daniel P. the National Book Festival. Coughlin, offered the following prayer: Home Alive Act of 2000 to provide an asylum The message also announced that the program with regard to American Persian Before You we stand, Lord God. As Senate has passed with an amendment Gulf War POW/MIAs, and for other purposes. this fall session of the 107th Congress in which the concurrence of the House S. 1649. An act to amend the Omnibus begins, we ask Your blessing upon all is requested, a bill of the House of the Parks and Public Lands Management Act of the Members of the House of Rep- following title: 1996 to increase the authorization of appropriations for the Vancouver National His- resentatives and all who assist them in H.R. 640. An act to adjust the boundaries of toric Reserve and for the preservation of their work here on Capitol Hill. Santa Monica Mountains National Recre- Shed divine wisdom upon them that Vancouver Barracks. ation Area, and for other purposes. S. 1843. An act to extend certain hydro- they may be gifted with insights, The message also announced that the electric licenses in the State of Alaska. choose their words carefully and make Senate has passed with amendments in S 1852. An act to extend the deadline for solid judgments and prudent decisions. which the concurrence of the House is commencement of construction of a hydro- May Your blessing make their com- requested, a bill of the House of the fol- electric project in the State of Wyoming. mittee meetings productive. By con- lowing title: S. 1894. An act to direct the Secretary of the Interior to conduct a special resource scientious work may just laws be en- H.R. 3253. An act to amend title 38, United acted so that Your people may enjoy study to determine the national significance States Code, to provide for the establishment of the Miami Circle site in the State of Flor- hope and security. In each passing day within the Department of Veterans Affairs of ida as well as the suitability and feasibility may we realize Your presence with us improved emergency medical preparedness, of its inclusion in the National Park, and for until our work here is finished. research, and education programs to combat other purposes. Then, as now, to You be the glory terrorism, and for other purposes. S. 1907. An act to direct the Secretary of forever and ever. Amen. The message also announced that the the Interior to convey certain land to the Senate has passed bills and a concur- city of Haines, Oregon. f rent resolution of the following titles S. 1946. An act to amend the National in which the concurrence of the House Trails System Act to designate the Old THE JOURNAL Spanish Trail as a National Historic Trail. is requested: The SPEAKER pro tempore. The S. 2487. An act to provide for global patho- Chair has examined the Journal of the S. 691. An act to direct the Secretary of gen surveillance and response. Agriculture to convey certain land in the S. 2549. An act to ensure that child employ- last day’s proceedings and announces Lake Tahoe Basin Management Unit, Ne- ees of traveling sales crews are protected to the House his approval thereof. vada, to the Secretary of the Interior, in under the Fair Labor Standards Act of 1938. Pursuant to clause 1, rule I, the Jour- trust for the Washoe Indian Tribe of Nevada S. 2558. An act to amend the Public Health nal stands approved. and California. Service Act to provide for the collection of

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 Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.000 H04PT1 H6002 CONGRESSIONAL RECORD — HOUSE September 4, 2002 data on benign brain-related tumors through tives, the Clerk received the following mes- H.R. 3380, to authorize the Secretary the national program of cancer registries. sage from the Secretary of the Senate on Au- of the Interior to issue right-of-way S. 2810. An act to amend the Communica- gust 2, 2002 at 9:34 a.m. permits for natural gas pipelines with That the Senate agreed to conference re- tions Satellite Act of 1962 to extent the dead- the boundary of Great Smoky Moun- line for the INTELSAT initial public offer- port H.R. 3009. ing. Appointments: National Skill Standards tains National Park. S. Con. Res. 137. Concurrent resolution ex- Board and Global Climate Change Observer f Group. pressing the sense of Congress that the Fed- RESOLUTION CELEBRATING eral Mediation and Conciliation Service With best wishes, I am should exert its best efforts to cause the Sincerely, HEROISM AND BRAVERY Major League Baseball Players Association MARTHA C. MORRISON, (Mr. GIBBONS asked and was given and the owners of the teams of Major League Deputy Clerk of the House. permission to address the House for 1 Baseball to enter into a contract to continue f minute and to revise and extend his re- to play professional baseball games without marks.) engaging in a strike, a lockout, or any con- ANNOUNCEMENT BY THE SPEAKER duct that interferes with the playing of PRO TEMPORE Mr. GIBBONS. Mr. Speaker, just some basic facts. Each and every year scheduled professional baseball games. The SPEAKER pro tempore. Pursu- every American uses 47,000 pounds of f ant to clause 4 of rule I, Speaker pro mined materials. Of that, 7,600 pounds tempore WOLF signed the following en- COMMUNICATION FROM THE are coal; and coal generates more than CLERK OF THE HOUSE rolled bill on Friday, August 2, 2002: H.R. 3009, to extend the Andean half of our domestic electricity, pro- The SPEAKER pro tempore laid be- Trade Preference Act, to grant addi- viding millions of Americans with en- fore the House the following commu- tional trade benefits under that Act, ergy that they need. nication from the Clerk of the House of and for other purposes, and the fol- Mr. Speaker, it is the miner who we Representatives: lowing enrolled bills on Wednesday, should thank for providing us with the quality of life that we enjoy, and we OFFICE OF THE CLERK, August 7, 2002: HOUSE OF REPRESENTATIVES, H.R. 223, to amend the Clear Creek should remember that their work often Washington, DC, August 2, 2002. County, Colorado, Public Lands Trans- comes at great personal risk. Hon. J. DENNIS HASTERT, fer Act of 1993 to provide additional In fact, on July 27, nine coal miners The Speaker, House of Representatives, time for Clear Creek County to dispose were trapped 240 feet below the Earth’s Washington, DC. surface for 77 hours in absolute dark- DEAR MR. SPEAKER: Pursuant to the per- of certain lands transferred to the county under the Act; ness and chest deep in 55-degree water. mission granted in Clause 2(h) of Rule II of This event revealed what is great about the Rules of the U.S. House of Representa- H.R. 309, to provide for the deter- tives, the Clerk received the following mes- mination of withholding tax rates America, because hundreds of individ- sage from the Secretary of the Senate on Au- under the Guam income tax; uals courageously worked to rescue gust 2, 2002 at 11:05 a.m. H.R. 601, to redesignate certain lands these nine men and return them safely That the Senate passed without amend- within the Craters of the Moon Na- to their families. Thankfully, we all ment H.R. 223. tional Monument, and for other pur- witnessed a miracle as each miner was That the Senate passed without amend- brought to the surface healthy and ment H.R. 309. poses; H.R. 1384, to amend the National safe. That the Senate passed without amend- To express our sincere gratitude to ment H.R. 601. Trails System Act to designate the That the Senate passed without amend- route in Arizona and New Mexico these nine miners and their rescue ment H.R. 1384. which the Navajo and Mescalero crews, I am entering a concurrent reso- That the Senate passed without amend- Apache Indian tribes were forced to lution honoring these individuals. ment H.R. 1456. walk in 1863 and 1864, for study for po- Mr. Speaker, I ask that all of my col- That the Senate passed without amend- tential addition to the national trails leagues join me in supporting this reso- ment H.R. 1576. system; lution which celebrates heroism and That the Senate passed without amend- bravery. ment H.R. 2068. H.R. 1456, to expand the boundary of That the Senate passed without amend- the Booker T. Washington National f ment H.R. 2234. Monument, and for other purposes; WAR SHOULD NOT BE FIRST That the Senate passed without amend- H.R. 1576, to designate the James INSTRUMENT OF FOREIGN POLICY ment H.R. 2440. Peak Wilderness and Protection Area That the Senate passed without amend- in the Arapaho and Roosevelt National (Mr. DOGGETT asked and was given ment H.R. 2441. Forests in the State of Colorado, and permission to address the House for 1 That the Senate passed without amend- for other purposes; minute.) ment H.R. 2643. H.R. 2068, to revise, codify, and enact Mr. DOGGETT. Mr. Speaker, over- That the Senate passed without amend- shadowing all of our hopes and dreams ment H.R. 3343. without substantive change certain general and permanent laws, related to for our families and for our country is That the Senate passed without amend- the daily talk of war. This Administra- ment H.R. 3380. public buildings, property, and works, Appointments: President’s Export Council. as Title 40, United States Code, ‘‘Public tion’s apparent intent to launch a go- With best wishes, I am buildings, property, and works’’; it-alone invasion of another country is Sincerely, H.R. 2234, to revise the boundary of unprecedented in American history, it MARTHA C. MORRISON, the Tumacacori National Historical is unprecedented in ignoring the warn- Deputy Clerk of the House. Park in the State of Arizona; ings of military experts, it is unprece- f H.R. 2440, to rename Wolf Trap Farm dented in rejecting the advice of our al- COMMUNICATION FROM THE Park as ‘‘Wolf Trap National Park for lies and, most importantly, unprece- CLERK OF THE HOUSE the Performing Arts,’’ and for other dented in the dangers posed for the purposes; safety of American families every- The SPEAKER pro tempore laid be- H.R. 2441, to amend the Public Health where. fore the House the following commu- Service Act to redesignate a facility as At one time ‘‘regime change’’ was the nication from the Clerk of the House of the National Hansen’s Disease Pro- now-abandoned goal of our foreign pol- Representatives: grams Center, and for other purposes; icy toward an island 90 miles off our OFFICE OF THE CLERK, H.R. 2643, to authorize the acquisi- shores. Immediate success is even less HOUSE OF REPRESENTATIVES, tion of additional lands for inclusion in certain for a regime on the other side Washington, DC, August 2, 2002. the Fort Clatsop National Memorial in of the world through a means uni- Hon. J. DENNIS HASTERT, formly rejected at present by the coun- The Speaker, House of Representatives, the State of Oregon, and for other pur- Washington, DC. poses; tries of the region. Of course, Saddam DEAR MR. SPEAKER: Pursuant to the per- H.R. 3343, to amend Title X of the En- Hussein is a menace, as was Libya’s mission granted in Clause 2(h) of Rule II of ergy Policy Act of 1992, and for other Muammer Qaddafi, as was Josef Stalin. the rules of the U.S. House of Representa- purposes; But able policymakers of both parties

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.005 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6003 found ways to contain such threats ger of Iraq. We now have a bloodthirsty Whereas on March 13, 1999, the United without starting what could become dictator who has access to chemical, States Congressional Philharmonic Orches- another world war. nuclear, and biological weapons; he has tra String Quartet played before the Ambas- Mr. President, unite our country and sador to the United States from Canada at the ability with ballistic missiles to the Embassy of Canada in the District of Co- the world to eliminate weapons of mass send them against American allies and lumbia; destruction; do not divide us by mak- against American troops that are sta- Whereas on March 19, 1999, the United ing war the first instrument of your tioned throughout the Middle East. States Congressional Choral Society ap- foreign policy. Mr. Speaker, I believe that we should peared in performance at the Washington National Cathedral; f put our faith in the President, the intelligence agencies that we have, the Whereas on May 13, 1999, the United States CONGRESS SHOULD THINK TWICE wonderful military that we have, and Congressional Philharmonic Orchestra String Quartet played before a gathering of BEFORE THRUSTING U.S. INTO the civilian military officials that we WAR Ambassadors at the Benjamin Franklin Dip- have before us. We need to understand lomatic Reception Room of the United (Mr. PAUL asked and was given per- there was a vote on September 14, 2001, States Department of State; mission to address the House for 1 right here in Congress, almost unani- Whereas the United States Congressional minute and to revise and extend his re- mously, to provide for military action Philharmonic Society is approved as a marks.) against those who harbor or support 501(c)(3) nonprofit organization under the In- Mr. PAUL. Mr. Speaker, I rise to terrorists, and the intent of that was to ternal Revenue Code and is a corporation in urge the Congress to think twice before good standing under the laws of the State of stop future terrorist attacks on the Delaware; thrusting this Nation into a war with- United States. Whereas the United States Congressional out merit, one fraught with danger of America has been attacked, and we Philharmonic Society will offer free concerts escalating into something no American are under threat. This is not a specula- to the public in the Washington metropoli- will be pleased with. tion as to the future; it has occurred. It tan area; Thomas Jefferson advised, ‘‘Never will occur again if we do not take ac- Whereas the United States Congressional was so much false arithmetic employed tion to defend our civilian citizens. Philharmonic Society will encourage the development of young musical talent across on any subject as that which has been f employed to persuade nations that it is the United States by providing educational programs for schools across the nation and in their interests to go to war.’’ We ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE establishing internships and scholarships; have for months now heard plenty of and false arithmetic and lame excuses on The SPEAKER pro tempore (Mr. Whereas the United States Congressional which we must pursue a preemptive CULBERSON). Pursuant to clause 8 of Philharmonic Society envisions holding a se- war of aggression against an impover- rule XX, the Chair announces that he ries of concerts focusing on themes such as ished, third-world nation 6,000 miles will postpone further proceedings Celebrations of America, Salutes to the from our shores that does not even pos- today on each motion to suspend the States, a Great Americans series, and an rules on which a recorded vote or the International Congressional Concert series: sess a navy or air force, with the pre- Now, therefore, be it tense that it must be done for national yeas and nays are ordered, or on which Resolved by the House of Representatives (the security interests. the vote is objected to under clause 6 of Senate concurring), That it is the sense of the For some reason, such an attack rule XX. Congress that the United States Congres- makes me feel much less secure while Any record votes on postponed ques- sional Philharmonic Society should be ap- our country is made more vulnerable. tions will be taken after debate has plauded— Congress must consider the fact that concluded on all motions to suspend (1) for organizing two musical groups, the the rules, but not before 6:30 p.m. United States Congressional Choral Society those with military experience advise a and the United States Congressional Phil- go-slow policy, and those without mili- today. harmonic Orchestra; tary experience are the ones demand- f (2) for having as its mission the promotion ing this war. EXPRESSING THE SENSE OF CON- of patriotism, freedom, democracy, and un- We cannot ignore the fact that all derstanding of American culture through GRESS REGARDING THE UNITED sponsorship, management, and support of Iraq’s Arab neighbors are opposed to STATES CONGRESSIONAL PHIL- this attack and our European allies ob- these groups and their derivative ensembles HARMONIC SOCIETY as they communicate through the inter- ject as well. If the military and diplo- national language of music in concerts and matic reasons for policy restraint Mr. CASTLE. Mr. Speaker, I move to suspend the rules and agree to the con- other multimedia performances in the Dis- make no sense, I advise they consider trict of Columbia and throughout the United the $100 billion it will cost and that current resolution (H. Con. Res. 183) ex- States and the world; and will surely compound our serious budg- pressing the sense of Congress regard- (3) for promoting musical excellence etary and economic problems we face ing the United States Congressional throughout the educational system, from here at home. We need no more false Philharmonic Society and its mission pre-school through post-graduate, and en- arithmetic on our budget or false rea- of promoting musical excellence couraging people of all ages to commit to the love and expression of musical performance. sons for pursuing this new adventure throughout the educational system and into preemptive war and worldwide na- encouraging people of all ages to com- The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from tion-building. mit to the love and expression of musical performance. Delaware (Mr. CASTLE) and the gentle- f The Clerk read as follows: woman from California (Mrs. DAVIS) THE CASE AGAINST SADDAM H. CON. RES. 183 each will control 20 minutes. HUSSEIN HAS BEEN MADE Whereas in February 1996, several Senators The Chair recognizes the gentleman from Delaware (Mr. CASTLE). (Mr. WILSON of South Carolina and members of the House of Representa- tives participated in a performance of the Mr. CASTLE. Mr. Speaker, I yield asked and was given permission to ad- myself such time as I may consume. dress the House for 1 minute and to re- Broadway musical ‘‘1776’’, a story depicting the signing of the Declaration of Independ- Today I rise in strong support of H. vise and extend his remarks.) ence; Con. Res. 183, which expresses the sense Mr. WILSON of South Carolina. Mr. Whereas in April 1996 several Senators and of Congress regarding the United Speaker, I am a newcomer to Congress. members of the House of Representatives States Congressional Philharmonic So- I have been here only 8 months. I also met with Maestro Martin Piecuch, the music ciety and its dual mission of promoting have the distinction of being the only director of the musical ‘‘1776’’, and formed musical excellence throughout the edu- Member who is a member of the Na- the United States Congressional Choral Soci- cational system and encouraging peo- ety; tional Guard still drilling. At this time ple of all ages to appreciate musical I have had, of course, my first August Whereas on May 20, 1998, the United States Congressional Choral Society debuted at St. performances. recess. Joseph’s Church on Capitol Hill, with stand- In 1996, several Senators and Mem- During the August recess, the issue ing ovations following its rendition of the bers of the House participated in a per- that came up the most was the issue ‘‘Song of Democracy’’ and the ‘‘Battle Hymn formance of the award-winning Broad- already discussed, and that is the dan- of the Republic’’; way musical ‘‘1776,’’ a story depicting

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.006 H04PT1 H6004 CONGRESSIONAL RECORD — HOUSE September 4, 2002 the signing of the Declaration of Inde- Mr. CASTLE. Mr. Speaker, I yield Congressional Philharmonic performs pendence. A few months later, the such time as he may consume to the concerts all year round to salute our United States Congressional Choral So- gentleman from Virginia (Mr. TOM Nation’s States, to salute American ciety was formed. By all accounts, DAVIS), the sponsor of the legislation. heritage, our great American states- Members, staff, and friends of the Mr. TOM DAVIS of Virginia. Mr. men, and appropriate cultural pro- United States Congress enjoyed their Speaker, I thank my friend for yielding grams at various holiday periods experience; and as a result, they also time to me. throughout the year. created the United States Congres- Mr. Speaker, I rise today as a proud In addition to these commitments, it sional Orchestra, which debuted in sponsor of House Concurrent Resolu- has developed many projects of its own 1999. tion 183, commending the United to promote its premier causes, that in- Today, both the Choral Society and States Philharmonic Society for their clude a concert series to promote de- the orchestra operate under a privately commitment to promote musical excel- mocracy and peace throughout the funded umbrella organization, the lence throughout the educational sys- world. United States Congressional Phil- tem, and to encourage people of all Mr. Speaker, the United States Con- harmonic Society. Its vision is to be- ages to commit to the joy and expres- gressional Philharmonic Society is a come the artistic voice of America, en- sion of musical performance. living example of how our country’s couraging Members, staff, and friends I believe that Americans should be principles of freedom and liberty can to use their musical talents and encouraged to participate in music and be showcased for the entire world present musical programs that will en- art programs. Arts education pro- through music. I urge all Members to rich the lives of all Americans with pa- grams, and specifically music edu- join me in supporting and commending triotic and classical presentations. cation programs, have a positive im- the United States Congressional Phil- pact on the lives of our children. Music harmonic Society. b 1415 education is a valuable lesson that Mr. CASTLE. Mr. Speaker, I yield These free concerts, which are avail- serves to enrich our Society. such time as she may consume to the able to the public in the Washington The United States Congressional distinguished gentlewoman from Mary- Metropolitan Area, often play to stand- Philharmonic Society plays an impor- land (Mrs. MORELLA). ing ovations. More important, they tant role in accomplishing these goals. Mrs. MORELLA. Mr. Speaker, I also encourage and support the devel- The United States Congressional Phil- thank the gentleman for yielding time opment of young talent through in- harmonic Society has created its own to me. Mr. Speaker, I am pleased to be able ternships, scholarships, and edu- unique mission, which promotes patri- to speak in support of the United cational programs through schools. otism, freedom, democracy, and the un- States Congressional Philharmonic So- I applaud the Congressional Phil- derstanding of American culture ciety, which will serve as the artistic harmonic Society for successfully pro- through sponsorship, management, and voice of Congress and highlight works moting patriotism, freedom, democ- education. It has gained support racy, and understanding of American of American composers. through the international language of I want to thank my colleague, the culture through music. music in concerts and performances in gentleman from Virginia (Mr. TOM In conclusion, I would like to thank the United States and throughout the DAVIS), for introducing it, and I am the gentleman from Virginia (Mr. world. proud to be one of the original cospon- DAVIS) for introducing this important Under the organization of Maestro sors with him. resolution. I would urge my colleagues Martin Piecuch, the Congressional The United States Congressional to support House Concurrent Resolu- Philharmonic has quickly established Philharmonic Society is composed of tion 183 and the Congressional Phil- itself as a voice of freedom and democ- two groups: the United States Congres- harmonic Society. racy through the art of music. sional Choral Society, whose Members Mr. Speaker, I reserve the balance of As the Music Director and Conductor are Capitol Hill staffers, and a profes- my time. of the Washington Symphony Orches- sional symphonic orchestra, the United Mrs. DAVIS of California. Mr. Speak- tra, he has played a great role in the States Congressional Philharmonic. er, I yield myself such time as I may world of music for the citizens of The organization is led by the won- consume. Northern Virginia. He has served as derful maestro, Maestro Martin Mr. Speaker, I rise in support of resident conductor, orchestra manager, Piecuch, who was the Conductor and House Resolution 183. This resolution and chorus manager at Wolf Trap Farm Musical Director of the Washington applauds the work of the U.S. Congres- Park for the Performing Arts, and has Symphony for 9 years. sional Philharmonic Society and its held the position of Music Conductor As many of us remember, the genesis promotion of musical excellence, patri- and Director for the Alexandria Choral of the Congressional Philharmonic So- otism, freedom, and democracy. Society. ciety was a 1996 production of the The U.S. Congressional Philharmonic Maestro Piecuch can be credited with Broadway musical 1776, which featured Society is actually made up of two planting the seed when he directed the Members of Congress portraying some groups, the United States Congres- Broadway musical 1776 at DAR Con- of the signers of the Declaration of sional Choral Society, which has per- stitution Hall in March of 1995, in Independence. formed at St. Joseph’s Church on Cap- which 12 Members of Congress played Since then, the Choral Society and itol Hill and the Washington National roles as Founding Fathers of our great the Philharmonic Orchestra have per- cathedral, and the United States Con- Nation. formed in various functions in Wash- gressional Philharmonic Orchestra, With this the U.S. Congressional ington, both together and individually, which has performed before foreign Choral Society was founded, and in to rave reviews. The orchestra’s string heads of state. May of 1998 the Congressional Choral quartet has played for numerous am- Both of these organizations provide a Society debuted at St. Joseph’s Church bassadors, while the chorus’ appear- valuable benefit to the people of Wash- right here on Capitol Hill. From this ances include a performance at the Na- ington, D.C. and around the Nation in successful base came the idea for the tional Cathedral. extolling the virtue of democracy and creation of the U.S. Congressional Or- We are here today to give the Phil- patriotism through music and song. chestra, which, together with the Cho- harmonic Society the official impri- Song and music have played an impor- ral Society, operates under the organi- matur of Congress, and we do so enthu- tant role in many of our Nation’s most zation of the U.S. Congressional Phil- siastically. The performing arts are so historic moments, and the Society con- harmonic Society. vitally important. They entertain us, tinues this tradition through its work. Today, the U.S. Congressional Phil- inspire us, and give us a sense of won- The House does a great service today harmonic, composed of Members, ex- der. I am honored to be here to support by recognizing this organization. I urge ecutives, and staffers on Capitol Hill, this wonderful endeavor. Members to support this legislation. acts as an artistic voice for Congress. The Philharmonic Society plans to Mr. Speaker, I reserve the balance of Created to honor the U.S. Congress, its perform free concerts in the Wash- my time. Members, and constituents, the U.S. ington Metropolitan Area, and explore

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.008 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6005 such themes as celebrations of America (1) by redesignating sections 12 and 13 as ‘‘(3) CONSTRUCTION OF BUILDINGS.—The and salutes to the States, as well as en- sections 13 and 14, respectively; and Board may construct, with non-appropriated courage the development of young mu- (2) by inserting after section 11 the fol- funds, buildings on the Plaza for the Project sical talent by providing educational lowing: and shall be responsible for the planning, de- ‘‘SEC. 12. JOHN F. KENNEDY CENTER PLAZA. sign, engineering, and construction of the programs for schools across the Nation. ‘‘(a) DEFINITIONS.—In this section, the fol- buildings. The Society is a private group, but lowing definitions apply: ‘‘(4) ACKNOWLEDGMENT OF CONTRIBUTIONS.— with our blessing it can raise money to ‘‘(1) AIR RIGHTS.—The term ‘air rights’ ‘‘(A) IN GENERAL.—The Board may ac- fulfill its mission. As Shakespeare once means real property interests conveyed by knowledge private contributions used in the wrote, if music is the food of love, play deed, lease, or permit for the use of space be- construction of buildings on the Plaza for on. I give my support to this organiza- tween streets and alleys within the bound- the Project in the interior of the buildings, tion, and look forward to hearing their aries of the Project. but may not acknowledge private contribu- ‘‘(2) CENTER.—The term ‘Center’ means the tions on the exterior of the buildings. performances for years to come. John F. Kennedy Center for the Performing Mrs. DAVIS of California. Mr. Speak- ‘‘(B) APPLICABILITY OF OTHER REQUIRE- Arts. MENTS.—Any acknowledgment of private er, I yield myself such time as I may ‘‘(3) GREEN SPACES.—The term ‘green contributions under this paragraph shall be consume. spaces’ means areas within the boundaries of consistent with the requirements of section Mr. Speaker, I am just delighted to the Project or affected by the Project that 4(b). be here today to speak on behalf of this are covered by grass, trees, or other vegeta- ‘‘(d) RESPONSIBILITIES OF THE DISTRICT OF sense of Congress, which looks at the tion. ‘‘(4) PLAZA.—The term ‘Plaza’ means im- COLUMBIA.— United States Philharmonic Society provements to the area surrounding the ‘‘(1) MODIFICATION OF HIGHWAY SYSTEM.— and applauds them, and tells them that John F. Kennedy Center building carried out Notwithstanding any State or local law, the we are very proud of the great work under the Project and comprised of transpor- Mayor of the District of Columbia, in con- that they are doing. tation elements (including roadways, side- sultation with the National Capital Planning I am delighted to be here to join with walks, and bicycle lanes) and non-transpor- Commission and the Secretary, shall have my colleagues, the gentlewoman from tation elements (including landscaping, exclusive authority to amend or modify the Maryland (Mrs. MORELLA) and the gen- green space, open public space, water, sewer, permanent system of highways of the Dis- and utility connections). trict of Columbia as may be necessary to tleman from Delaware (Mr. CASTLE), ‘‘(5) PROJECT.—The term ‘Project’ means meet the requirements and needs of the and I want to thank the gentleman the Plaza project, as described in the TEA–21 Project. from Virginia (Mr. TOM DAVIS) for in- report, providing for construction of a Plaza ‘‘(2) CONVEYANCES.— troducing this resolution. adjacent to the Center and for improved bi- ‘‘(A) AUTHORITY.—Notwithstanding any Mr. Speaker, I yield back the balance cycle, pedestrian, and vehicular access to State or local law, the Mayor of the District of my time. and around the Center. The term includes of Columbia shall have exclusive authority Mr. CASTLE. Mr. Speaker, I yield planning, design, engineering, and construc- to convey or dispose of any interests in real myself such time as I may consume. tion of the Plaza, buildings to be constructed estate (including air rights or air space as on the Plaza, and related transportation im- that term is defined by District of Columbia Mr. Speaker, I would like to echo the provements and may include any other ele- words of the gentlewoman from Cali- law) owned or controlled by the District of ments of the Project identified in the TEA– Columbia, as may be necessary to meet the fornia (Mrs. DAVIS), and thank her for 21 report. requirements and needs of the Project. ‘‘(6) SECRETARY.—The term ‘Secretary’ her participation in support of this res- ‘‘(B) CONVEYANCE TO THE BOARD.—Not later means the Secretary of Transportation. olution. than 90 days following the date of receipt of ‘‘(7) TEA–21 REPORT.—The term ‘TEA–21 re- Mr. Speaker, I yield back the balance notification from the Secretary of the report’ means the report of the Secretary sub- of my time. quirements and needs of the Project, the mitted to Congress under section 1214 of the Mayor of the District of Columbia shall con- The SPEAKER pro tempore (Mr. Transportation Equity Act for the 21st Cen- vey or dispose of to the Board without com- CULBERSON). The question is on the mo- tury (20 U.S.C. 76j note; 112 Stat. 204). tion offered by the gentleman from ‘‘(b) RESPONSIBILITIES OF THE SECRETARY.— pensation interests in real estate described in subparagraph (A). Delaware (Mr. CASTLE) that the House ‘‘(1) IN GENERAL.—The Secretary shall be ‘‘(3) AGREEMENTS WITH THE BOARD.—The suspend the rules and agree to the con- responsible for the Project and may undertake such activities as may be necessary to Mayor of the District of Columbia shall have current resolution, House Concurrent the authority to enter into memoranda of Resolution 183. construct the Project, other than buildings to be constructed on the Plaza, substantially agreement with the Board and any Federal The question was taken; and (two- as described in the TEA–21 report. or other governmental agency to facilitate thirds having voted in favor thereof), ‘‘(2) PLANNING, DESIGN, ENGINEERING, AND the planning, design, engineering, and con- the rules were suspended and the con- CONSTRUCTION.—The Secretary shall be re- struction of the Project. current resolution was agreed to. sponsible for the planning, design, engineer- ‘‘(e) OWNERSHIP.— A motion to reconsider was laid on ing, and construction of the Project, other ‘‘(1) ROADWAYS AND SIDEWALKS.—Upon the table. than buildings to be constructed on the completion of the Project, responsibility for Plaza. f maintenance and oversight of roadways and ‘‘(3) AGREEMENTS WITH THE BOARD AND sidewalks modified or improved for the JOHN F. KENNEDY CENTER PLAZA OTHER AGENCIES.—The Secretary shall enter Project shall remain with the owner of the AUTHORIZATION ACT OF 2002 into memoranda of agreement with the affected roadways and sidewalks. Board and any appropriate Federal or other Mrs. CAPITO. Mr. Speaker, I move to ‘‘(2) MAINTENANCE OF GREEN SPACES.—Sub- governmental agency to facilitate the plan- ject to paragraph (3), upon completion of the suspend the rules and pass the bill ning, design, engineering, and construction Project, responsibility for maintenance and (H.R. 5012) to amend the John F. Ken- of the Project. oversight of any green spaces modified or nedy Center Act to authorize the Sec- ‘‘(4) CONSULTATION WITH THE BOARD.—The improved for the Project shall remain with retary of Transportation to carry out a Secretary shall consult with the Board to the owner of the affected green spaces. maximize efficiencies in planning and exe- project for construction of a plaza adja- ‘‘(3) BUILDINGS AND GREEN SPACES ON THE cuting the Project, including the construc- cent to the John F. Kennedy Center for PLAZA.—Upon completion of the Project, the tion of any buildings on the Plaza. Board shall own, operate, and maintain the the Performing Arts, and for other pur- ‘‘(5) CONTRACTS.—Subject to the approval poses. buildings and green spaces established on the of the Board, the Secretary may enter into Plaza for the Project. The Clerk read as follows: contracts on behalf of the Center related to H.R. 5012 the planning, design, engineering, and con- ‘‘(f) NATIONAL HIGHWAY BOUNDARIES.— ‘‘(1) REALIGNMENT OF BOUNDARIES.—The Be it enacted by the Senate and House of Rep- struction of the Project. ‘‘(c) RESPONSIBILITIES OF THE BOARD.— Secretary may realign national highways re- resentatives of the United States of America in ‘‘(1) IN GENERAL.—The Board may under- lated to proposed changes to the Northern Congress assembled, take such activities as may be necessary to and Southern Interchanges and the E Street SECTION 1. SHORT TITLE. construct buildings on the Plaza for the Approach recommended in the TEA–21 report This Act may be cited as the ‘‘John F. Ken- Project. in order to facilitate the flow of traffic in the nedy Center Plaza Authorization Act of ‘‘(2) RECEIPT OF TRANSFERS OF AIR RIGHTS.— vicinity of the Center. 2002’’. The Board may receive from the District of ‘‘(2) ACCESS TO CENTER FROM I–66.—The Sec- SEC. 2. JOHN F. KENNEDY CENTER PLAZA. Columbia such transfers of air rights as may retary may improve direct access and egress The John F. Kennedy Center Act (20 U.S.C. be necessary for the planning, design, engi- between Interstate Route 66 and the Center, 76h et seq.) is amended— neering, and construction of the Project. including its garages.’’.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.010 H04PT1 H6006 CONGRESSIONAL RECORD — HOUSE September 4, 2002 SEC. 3. AUTHORIZATION OF APPROPRIATIONS. In 1998, when the Committee on If you wish further details on this esti- Section 13 of John F. Kennedy Center Act Transportation and Infrastructure mate, we will be pleased to provide them. (as redesignated by section 2 of this Act) is passed TEA–21, it authorized the Sec- The CBO staff contacts are Rachel Milberg amended— (for federal costs), who can be reached at 226– (1) by redesignating subsection (c) as sub- retary of Transportation to undertake a comprehensive study of ways to im- 2860, and Greg Waring (for the state and local section (d); and impact), who can be reached at 225–3220. (2) by inserting after subsection (b) the fol- prove the flow of traffic and access to Sincerely, lowing: the Kennedy Center. In 2000, the De- BARRY B. ANDERSON, ‘‘(c) JOHN F. KENNEDY CENTER PLAZA.— partment of Transportation issued the (For Dan L. Crippen, Director). There is authorized to be appropriated to the Kennedy Center access study, which Enclosure. Secretary of Transportation for capital costs identified five phases to improving ac- CONGRESSIONAL BUDGET OFFICE COST ESTIMATE incurred in the planning, design, engineer- cess to the Kennedy Center. In that H.R. 5012—John F. Kennedy Center Plaza Au- ing, and construction of the project author- same year, funding was made available ized by section 12 (including roadway im- thorization Act of 2002 provements related to the North and South for DOT to proceed with preliminary Summary: H.R. 5012 would authorize the Interchanges and construction of the John F. project planning, environmental re- appropriation of $400 million to the Depart- Kennedy Center Plaza, but not including views, and design approvals. ment of Transportation (DOT) to plan and construction of any buildings on the plaza) a The John F. Kennedy Center Plaza construct a new plaza in front of the John F. total of $400,000,000 for fiscal years 2003 Authorization Act of 2002 builds upon Kennedy Center, and to improve access to through 2010. Such sums shall remain avail- these earlier efforts and authorizes the the Center for both pedestrians and vehicles. able until expended.’’. Secretary of Transportation to enact Assuming appropriation of the authorized SEC. 4. CONFORMING AMENDMENTS. many of the improvements rec- amount, CBO estimate that implementing H.R. 5012 would cost about $135 million over (a) SELECTION OF CONTRACTORS.—Section ommended by the access study, includ- 4(a)(2)(D) of the John F. Kennedy Center Act the 2003–2007 period and another $265 million (20 U.S.C 76j(a)(2)(D)) is amended to read as ing the outcomes of a pedestrian plaza after 2007. Enacting H.R. 5012 would not af- follows: over the Potomac Freeway and improv- fect direct spending or receipts; therefore, ‘‘(D) SELECTION OF CONTRACTORS.—In caring access between I–66, the Rock pay-as-you-go procedures would not apply. rying out the duties of the Board under this Creek Parkway, E Street Northwest, H.R. 5012 contains intergovernmental man- Act, the Board may negotiate any contract— 25th Street Northwest, and the Ken- dates as defined in the Unfunded Mandates ‘‘(i) for planning, design, engineering, or nedy Center. Reform Act (UMRA), but CBO estimates that construction of buildings to be erected on The new plaza will be connected to the costs would be significantly below the the John F. Kennedy Center Plaza under sec- the local street grid by E and 25th threshold established in that act ($58 million tion 12 and for landscaping and other im- Streets Northwest, and will create ap- in 2002, adjusted annually for inflation). The provements to the Plaza; or bill contains no private-sector mandates as ‘‘(ii) for an environmental system for, a proximately eight acres of new land di- defined in UMRA. protection system for, or a repair to, mainte- rectly east of the Kennedy Center. Estimated cost to the Federal Govern- nance of, or restoration of the John F. Ken- H.R. 5012 authorizes and directs the ment: The estimate budgetary impact of nedy Center for the Performing Arts, Mayor of the District of Columbia to H.R. 5012 is shown in the following table. The with selected contractors and award the con- transfer the air rights and airspace costs of this legislation fall within budget tract on the basis of contractor qualifica- necessary to complete the project as function 400 (transportation). tions as well as price.’’. determined by DOT. This has the sup- (b) DEFINITIONS.—Section 14 of the John F. port of the Mayor, and the sub- By fiscal year, in millions of dollars— Kennedy Center Act (as redesignated by sec- committee received testimony from 2003 2004 2005 2006 2007 tion 2 of this Act) is amended by adding at the end the following: ‘‘Upon completion of the District to that effect at a hearing CHANGES IN SPENDING SUBJECT TO APPROPRIATION the project for establishment of the John F. held on June 13, 2002. Estimated Authorization Level 1 10 10 20 50 100 Kennedy Center Plaza authorized by section Based on DOT testimony, the bill au- Estimated Outlays ...... 3 7 10 40 75 12, the Board, in consultation with the Sec- thorizes a total of $400 million to un- 1 H.R. 5012 would authorize the appropriation of $400 million over the retary of Transportation, shall amend the dertake the recommended improve- 2003–2010 period. CBO estimates that $190 million of that amount could be appropriated over the 2003–2007 period, with the remaining $210 million map that is on file and available for public ments. In addition, H.R. 5012 authorizes provided after 2007. inspection under the preceding sentence.’’. the Kennedy Center to construct build- Basis of estimate: For this estimate, CBO The SPEAKER pro tempore. Pursu- ings on the newly created plaza with ant to the rule, the gentlewoman from assumes that H.R. 5012 will be enacted near nonappropriated funds. The newly con- the end of fiscal year 2002 and that the West Virginia (Mrs. CAPITO) and the structed buildings will provide needed amounts necessary to implement the bill gentleman from Minnesota (Mr. OBER- space for educational, rehearsal, per- will be appropriated for each year. Estimates STAR) each will control 20 minutes. formance, and administrative func- of outlays are based on information from the The Chair recognizes the gentle- tions, and become a part of the living Federal Highway Administration, the John woman from West Virginia (Mrs. memorial to President Kennedy. Any F. Kennedy Center, and historical spending CAPITO). private donations for the buildings will patterns of similar projects. Based on infor- Mrs. CAPITO. Mr. Speaker, I yield be acknowledged in a manner con- mation from the agency, CBO estimates that myself such time as I may consume. DOT would plan and construct the plaza sistent with existing law. project over the next 12 years. Current plans Mr. Speaker, the Kennedy Center suf- The subcommittee on Economic De- fers from being isolated from the rest for the plaza include space for two small velopment, Public Buildings and Emer- buildings. of Washington, D.C.’s monumental gency Management held a hearing on Pay-as-you-go considerations: None. core, and from limited, confusing, and this important project in June, and the Estimated impact on state, local, and trib- potentially unsafe points of entry. project received the enthusiastic sup- al governments: H.R. 5012 would bypass the High levels of congestion on the Rock port of the Department of Transpor- D.C. City Council’s review and approval of ef- Creek and Potomac Parkway confound tation, the government of the District forts to dispose of D.C. property for the Ken- vehicular traffic and various bridge of Columbia, and the Kennedy Center. I nedy Center Plaza project. In preempting the City Council’s authority, the bill contains an ramps near performance times. Nearly support this legislation and encourage 200,000 vehicles a day use the complex intergovernmental mandate as defined in my colleagues to do the same. UMRA, but CBO estimates that it would im- of roadways and ramps adjacent to the Mr. Speaker, I include for the pose no duty on the city government that center each day, and there are high ac- RECORD the following material regard- would result in additional spending. cident rates at the foot of the Roo- ing the project: If necessary for the construction of the sevelt Bridge and the intersection of U.S. CONGRESS, proposed Kennedy Center Plaza, the District Virginia Avenue, 27th Street, and the CONGRESSIONAL BUDGET OFFICE, of Columbia would have to reconfigure the parkway. Washington, DC, July 30, 2002. city highway system. In addition, the Dis- H.R. 5012 authorizes the Secretary of Hon. DON YOUNG, trict of Columbia would have to transfer any the Department of Transportation, in Chairman, Committee on Transportation, and property or air rights required for the Infrastructure, project, without compensation. These poten- conjunction with the John F. Kennedy tial requirements on the city also would be Center for the Performing Arts and the House of Representatives, Washington, DC. DEAR MR. CHAIRMAN: The Congressional intergovernmental mandates as defined in District of Columbia, to make pedes- Budget Office has prepared the enclosed cost UMRA. Based on information from the Fed- trian and vehicular access improve- estimate for H.R. 5012, the John F. Kennedy eral Highway Administration and the Dis- ments around the Kennedy Center. Center Plaza Authorization Act of 2002. trict’s Department of Transportation, CBO

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.002 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6007 estimates that the costs of complying with downtown Washington was not real- Transportation, and the District of Co- these mandates would be significantly below ized. The center’s problems have multi- lumbia to improve access to and from the threshold established in that act ($58 plied over the years. Attending night- the Kennedy Center. It authorizes, as million in 2002, adjusted annually for infla- time performances means that patrons the gentlewoman from West Virginia tion). Furthermore, the construction-related costs resulting from the mandates would be either add to the District of Columbia’s (Mrs. CAPITO) said a moment ago, $400 funded by the federal government. notorious rush hour traffic jams or are million to plan, design and construct Estimated impact on the private sector: reduced to a functional but not fully the proposed plaza in order to under- H.R. 5012 contains no private-sector man- acceptable and adequate shuttle sys- take the necessary highway improve- dates as defined in UMRA. tem. ments to create this access to the cen- Estimate prepared by: Federal Costs: Ra- There are over 200,000 vehicles a day ter. chel Milberg; Impact on State, Local, and that use the complex series of ramps The Kennedy Center itself has offered Tribal Governments: Greg Waring; and Im- and roadways that are adjacent to the to undertake the cost of constructing pact on the Private Sector: Jean Talarico. Estimate approved by: Peter H. Fontaine, Kennedy Center. There is no pedestrian the new buildings to be constructed on Deputy Assistant Director for Budget Anal- or bicycle access to the center from the the plaza, buildings that will house re- ysis. east or from the southeast, from the hearsal halls, classrooms, and be an Mr. Speaker, I reserve the balance of Washington, D.C. mall. open invitation to the public to actu- my time. In many a time I have been driving ally come and see how rehearsals are Mr. OBERSTAR. Mr. Speaker, I yield along that avenue and watched as pe- conducted. It would be a great oppor- myself such time as I may consume. destrians risk their lives running tunity for the public who come to Mr. Speaker, the John F. Kennedy across 4 to 5, 6 lanes of traffic at even enjoy the arts in our Nation’s capital. Center has long been envisioned and heavy traffic times. That is just simply And I invite any of our colleagues to has been created and established as a not acceptable. The closest Metro stop come to the center or ask the Kennedy living memorial to the late President to the Kennedy Center is the Foggy Center staff to come and give them a Kennedy. It is also the Nation’s pre- Bottom Metro stop a half mile from presentation, a showing of the artists’ mier cultural institution for the per- the center, too far for a good many rendition of these structural changes forming arts. people to walk comfortably and per- because I think once Members see it, The chairman of our Committee on haps not entirely safe either. The cen- they will be enthralled, captivated and Transportation and Infrastructure, the ter runs a very successful shuttle bus, excited by it, as I am, as the members gentleman from Alaska (Mr. YOUNG), is but there is a lack of frequency, a lack of the board of trustees, and as is the also a member of the Board of Trustees of adequate signage to make it com- gentlewoman from the District of Co- of the Kennedy Center, and we both fortable for walkers to find the center. lumbia. know from our participation in the de- And, furthermore, this is a very his- Mr. Speaker, I yield such time as she liberations of the board that the center toric neighborhood and people ought to may consume to the gentlewoman from is this vibrant and dynamic institution be able to enjoy it in some fashion the District of Columbia (Ms. NORTON). that it was envisioned to be. Every other than rushing to get from wher- Ms. NORTON. Mr. Speaker, I very year over 5 million people visit, attend, ever they are parking to the Kennedy much appreciate the remarks of the enjoy, and are enriched by perform- Center. ranking member who always brings a ances at the Kennedy Center, particu- In 1998, the former chairman of our background and perspective that larly the Millenium State perform- Committee on Transportation and In- makes anyone who has not been fortu- ances that are free to the public and frastructure, Congressman Shuster, nate to be in this institution as long as operate 365 days a year. They are inno- and I worked together to secure fund- he has understand the continuum of vative performances that are available ing in the Transportation Equity Act the work we are about and a con- to all the people who come to our Na- for the 21st Century, to provide funds tinuum is what we are about today. I tion’s capital for whatever purpose, for the Department of Transportation also want to thank the gentlewoman travel or business, leisure, and people to analyze methods to improve access from West Virginia (Mrs. CAPITO) for come to enjoy those Millenium State to the Kennedy Center. That study has her hard work in bringing this bill to performances in ever-increasing num- been completed. It has identified a the floor. bers. number of proposed design and access This bill is really part of a larger vi- improvements. In particular, the study sion, and one does not have to live here b 1430 proposes going back to the original to have that vision. This is a small, But, unfortunately, the Kennedy concept of connecting the Kennedy compact city. There is not a lot of Center is sort of cut off from the rest of Center with monumental Washington, room left for all of the buildings, not to Washington, D.C. The original design as I call it, that is the historic sweep of mention all of the memorials, that peo- of the center does not envision the structures and monuments that are ple would like to see in Washington. structure situated as it is today. I can testimony to the Nation’s history and But there is a big, relatively for this remember when I was working teach- its evolution with the Kennedy Center. city, a big piece of land that could, in ing language in Haiti in 1959 and 1960 This plan would build a plaza over the fact, house much more to make the through 1962, reading, admittedly, with spaghetti bowl of freeways, particu- Kennedy Center the true national per- three weeks’ delay, the news from larly the Potomac freeway, and would forming arts center it was intended to Washington and reading this grand de- create 8 new acres of public space, be. But to even begin to approach this sign plan set forth by then-President would connect E Street and 25th Street vision, we have a lot of work to do on Eisenhower or by his administration to the plaza and reestablish the city the basics, and this bill is about the ba- for a center for the performing arts in grid; E Street to be changed at the sics. This bill is not about the build- Washington, D.C., and this magnificent western terminus to link the center ings. I believe they will be constructed sweep of the structure out over the Po- and the core of the city, and there are all with private funds. I have talked tomac River and looking back towards proposed new connections between with the dynamic new leader of the monumental Washington. And, of Rock Creek Parkway and the Potomac Kennedy Center. But there is part of course, the part east of the current lo- freeway. There would be pedestrian this work that is for government alone. cation of the Kennedy Center was then paths, bicycle paths, transit improve- Its rough name is infrastructure. We dilapidated buildings, all envisioned to ments to link the center to the heart of have got to lay the groundwork in be torn down, no roadway where we Washington, D.C. That is how it should order for the vision to rise. The mall is now have one, and it was intended that be. That is how this national cultural a work in progress. The mall is always this would just connect Washington, center should function. incomplete. So we should not be sur- D.C. and this new center for the per- Based on this study, the bill we bring prised that we are always adding to the forming ars. That is not the way it to the floor today, the Kennedy Center mall. That is as the Founders wanted worked out. Plaza Authorization Act, authorizes a it. They have also wanted us to be Funding constraints limited the cooperative venture between the Ken- careful about the mall. They did not original scope. The connection with nedy Center, the U.S. Department of want us to put every little thing on the

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.012 H04PT1 H6008 CONGRESSIONAL RECORD — HOUSE September 4, 2002 mall. And one of the things I implore The central feature of the mall will Kennedy Center and also to the beloved my colleagues to remember is that the be a pedestrian plaza over a deck. It District of Columbia. I appreciate their mall is perpetual. When generations we will transform the Kennedy Center hard work on this. cannot even imagine are here, the mall itself. It will mean that our constitu- I too believe the Kennedy Center is a should be here, and one of the things ents who come in very large numbers, jewel of our District of Columbia, and we do not want to do is just crowd the and increasingly so now that everyone to have access to the arts, the very vi- mall with the hubris of our generation, understands that the capital of the brant programs that are brought there leaving no room for anything else to go United States is the safest city in the daily, not only to the citizens of the up. If we do that, we will have to do world, better protected than any city District and those of us who are here what some of the European countries in the world, as the visitors come, they on a regular basis, but for the many, are doing. They are tearing down stat- will be the first to understand that many visitors I think is a wonderful ues in order to allow more to rise. I there has been a transformation in this project that will make generations to think we should just be careful what city, that the city is being completed, come be able to enjoy all the many fine we do. that the mall itself is being extended, programs that the Kennedy Center has I believe future generations will look and that we are opening the cultural put forth now and in the future. at what this bill initiates as part of the life physically and in every other way Mr. COSTELLO. Mr. Speaker, I first with to natural process of filling out the mall. to the world and especially to our thank Chairman LATOURETTE for lending his And I very much applaud the con- country. support and providing leadership for this bill. tinuing attention that the Committee I urge my colleagues to support this Also Chairman YOUNG and Ranking Member on Transportation and Infrastructure bill and to remain with us until we see OBERSTAR, trustees of the Kennedy Center, has given to the Kennedy Center and to this plaza rise, and perhaps Members of have worked to establish broad bi-partisan the completion of the work there, and Congress will be the first to walk down support for the bill. especially to the fact that one cannot the plaza and invite people from all This bill will authorize the Department of get there from here. around the world to come to a cultural Transportation, the Government of the District The 25 million tourists who come to arts center made for the world and of Columbia, and the Board of Trustees of the the District of Columbia may do as I do where the world can now come and John F. Kennedy Center to enter into agreements to conduct environmental planning, pro- as often as I can. I go on a race walk walk and see and have the kind of ac- vide designs, and execute plans to improve down the mall beginning at 3rd Street. cess that was always intended. pedestrian, vehicular, and bicycle access to It is a wonderful way to get exercise. Mr. Speaker, I thank the gentleman the John F. Kennedy Center for the Per- When we get to the Lincoln Memorial, for yielding me time. forming Arts. that is it, folks. If we want to walk, Mr. OBERSTAR. Mr. Speaker, I yield The Kennedy Center is currently isolated walk no further, unless we want to myself such time as I may consume. from the surrounding city and its physical set- take our chances going across high- Mr. Speaker, I want to thank the ting is inconsistent with its mission. A report ways. That is not exactly what the gentlewoman from the District of Co- authorized by TEA–21 identified a number of mall had in mind. Indeed, cars cannot lumbia (Ms. NORTON) for her very conditions that impede access to the Presi- always get there from here. It is as if, thoughtful, as always, constructive and dential memorial. There is no access from the as we get to the Kennedy Center, it was scholarly presentation and I am par- east for pedestrian, vehicles, or bicycles, the made for cars, not people, and not even ticularly touched by the gentle- pedestrian link to the Metro is too far away for the arts. woman’s reference to the mall as per- and poorly signed, pedestrian and bicycle traf- Remember that the John F. Kennedy petual, yet evolving. fic from the south must cross hazardous road- Center really reminds us of two great The arts, more than the Kennedy ways, very poor vehicular connections exist presidents. The notion of a cultural Center, the arts are perpetual. They between the freeway and the Rock Creek arts center began with President Eisen- are what lift a Nation’s spirits. Parkway, and a complicated series of ramps hower. Ultimately, when it was built, b 1445 and exits exist to the south of the Center. it was named for the martyred Presi- The study recommends a series of improve- dent Kennedy, so it bears the impri- I think history records more what our poets and our composers have to ments to remedy the access problem. The matur of two great president and it in- centerpiece of these improvements is a pro- say than what our generals have to do. spires this body in a bipartisan fashion posed plaza, which will be atop a deck over We, especially in the aftermath of Sep- to move forward to try to complete it the Potomac Freeway. This deck would pro- tember 11, need the arts to lift our spir- even as generation after generation vide a new public space and stately approach its and to design the future and to moves forward with the mall to com- to the Center from the east. E St. and 25th St. refocus our aspirations. Kennedy Cen- plete it or to make sure that it remains would connect to the plaza, thus reestab- ter is part of that. It was one of the a mall and remains in many ways lishing the local street grid. To the north of the very first cultural institutions in the clear. Center new connections would be built be- United States to have a response in art The Congressional commitment to tween Rock Creek and the Potomac Freeway form to the events of September 11, and the plaza and to the center has been in the vicinity of K St. Overall, hazardous and clear, as the ranking member indi- just as important as it is to make the congested traffic conditions would be relieved. cated, since Chairman Shuster was the Kennedy Center accessible as the Na- The Board of Trustees of the Center has chair of the committee. And, therefore, tional Cultural Performing Arts Center committed to raising private funds to construct I am sure he would take special pride to all those 20 million plus visitors who the building to be constructed on the plaza. that we are moving forward with it come to this Nation’s capital, it also Currently the plan calls for two buildings for today. must be accessible to the residents of the plaza. One building would be used as re- This is a cultural center with no bus the District of Columbia themselves, hearsal space, classrooms, and for administra- service; cabs have a hard time getting and connecting the Kennedy Center tive offices. It is expected the second structure in and stopping; no metro; cut off from through this plaza to monumental could house and display musical artifacts cur- its neighborhoods along the riverfront Washington will make it far more at- rently stored at the Library of Congress and except one cannot get to the riverfront tractive and far more available to the the Smithsonian. from the center; isolated from every- residents of the District of Columbia I support H.R. 5012 and again extend my thing around it. The very opposite of themselves, and that is my fond hope. thanks to the Committee leadership for their what a cultural center is supposed to Mr. Speaker, I yield back the balance encouragement and support. be. We are going to fix that. of my time. Mrs. CAPITO. Mr. Speaker, I yield I appreciate that the bill incor- Mrs. CAPITO. Mr. Speaker, I yield back the balance of my time. porates the District of Columbia, which myself such time as I may consume. The SPEAKER pro tempore (Mr. has the air rights, and the mayor and I I would like to thank my colleagues CULBERSON). The question is on the mo- have spoken about those rights. There the gentlewoman from the District of tion offered by the gentlewoman from will be no problem getting whatever is Columbia (Ms. NORTON) and the gen- West Virginia (Mrs. CAPITO) that the necessary to make sure that the many tleman from Minnesota (Mr. OBERSTAR) House suspend the rules and pass the air rights are, in fact, dealt with. for their very moving tributes to the bill, H.R. 5012.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.062 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6009 The question was taken; and (two- environmental benefits or equivalent environ- contamination in areas of concern in the Great thirds having voted in favor thereof) mental benefits at a reduced cost. Lakes. the rules were suspended and the bill ‘‘(D) LIMITATION.—The Administrator may (b) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—In addition to amounts au- was passed. not carry out a project under this paragraph for remediation of contaminated sediments located thorized under other laws, there is authorized to A motion to reconsider was laid on in an area of concern— be appropriated to carry out this section the table. ‘‘(i) if an evaluation of remedial alternatives $2,000,000 for each of fiscal years 2003 through f for the area of concern has not been conducted, 2007. including a review of the short-term and long- (2) AVAILABILITY.—Funds appropriated under GENERAL LEAVE term effects of the alternatives on human health paragraph (1) shall remain available until ex- Mrs. CAPITO. Mr. Speaker, I ask and the environment; or pended. unanimous consent that all Members ‘‘(ii) if the Administrator determines that the The SPEAKER pro tempore. Pursu- may have 5 legislative days within area of concern is likely to suffer significant ant to the rule, the gentleman from further or renewed contamination from existing which to revise and extend their re- Tennessee (Mr. DUNCAN) and the gen- sources of pollutants causing sediment contami- marks on H.R. 5012, the bill just consid- nation following completion of the project. tleman from Minnesota (Mr. OBERSTAR) ered by the House. ‘‘(E) NON-FEDERAL MATCHING REQUIREMENT.— each will control 20 minutes. The SPEAKER pro tempore. Is there ‘‘(i) IN GENERAL.—The non-Federal share of The Chair recognizes the gentleman objection to the request of the gentle- the cost of a project carried out under this para- from Tennessee (Mr. DUNCAN). woman from West Virginia? graph shall be not less than 35 percent. Mr. DUNCAN. Mr. Speaker, I yield There was no objection. ‘‘(ii) IN-KIND CONTRIBUTIONS.—The non-Fed- myself as much time as I may con- eral share of the cost of a project carried out f sume. under this paragraph may include the value of Mr. Speaker, I rise in strong support MESSAGE FROM THE PRESIDENT in-kind services contributed by a non-Federal of H.R. 1070, the Great Lakes Legacy A message in writing from the Presi- sponsor, including any in-kind service performed under an administrative order on con- Act of 2002. H.R. 1070 reflects a con- dent of the United States was commu- sent or judicial consent decree, but not includ- sensus approach to addressing sedi- nicated to the House by Ms. Evans, one ing any in-kind services performed under a uni- ment contamination in the Great of his secretaries. lateral administrative order or court order. Lakes. f ‘‘(iii) OPERATION AND MAINTENANCE.—The The Great Lakes are, without ques- non-Federal share of the cost of the operation tion, a vital resource for both the GREAT LAKES LEGACY ACT OF and maintenance of a project carried out under United States and Canada. The Great 2002 this paragraph shall be 100 percent. Lakes system provides a waterway to ‘‘(F) MAINTENANCE OF EFFORT.—The Adminis- Mr. DUNCAN. Mr. Speaker, I move to move goods; water supply for drinking, suspend the rules and pass the bill trator may not carry out a project under this paragraph unless the non-Federal sponsor en- industrial and agricultural purposes; a (H.R. 1070) to amend the Federal Water ters into such agreements with the Adminis- source of hydroelectric power; and Pollution Control Act to authorize the trator as the Administrator may require to en- swimming and many other recreational Administrator of the Environmental sure that the non-Federal sponsor will maintain activities. Protection Agency to make grants for its aggregate expenditures from all other sources The industrialization and develop- remediation of sediment contamina- for remediation programs in the area of concern ment of the Great Lakes Basin over the tion in areas of concern and to author- in which the project is located at or above the past 200 years has had an adverse im- ize assistance for research and develop- average level of such expenditures in its 2 fiscal pact on the Great Lakes. As a result, ment of innovative technologies for years preceding the date on which the project is initiated. many of the Great Lakes are under fish such purpose, as amended. ‘‘(G) COORDINATION.—In carrying out projects advisories warning people not to eat The Clerk read as follows: under this paragraph, the Administrator shall fish that may be in the water there. H.R. 1070 coordinate with the Secretary of the Army, and By treaty, the United States and Be it enacted by the Senate and House of Rep- with the Governors of States in which the Canada are developing cleanup plans resentatives of the United States of America in projects are located, to ensure that Federal and for the Great Lakes and for specific Congress assembled, State assistance for remediation in areas of con- areas of concern. Unfortunately, only SECTION 1. SHORT TITLE. cern is used as efficiently as possible. one area of concern, located in Canada, ‘‘(H) AUTHORIZATION OF APPROPRIATIONS.— This Act may be cited as the ‘‘Great Lakes has been cleaned up. Most of the activ- Legacy Act of 2002’’. ‘‘(i) IN GENERAL.—In addition to other amounts authorized under this section, there is ity at U.S. areas of concern has oc- SEC. 2. REMEDIATION OF SEDIMENT CONTAMINA- authorized to be appropriated to carry out this curred as a result of Superfund enforce- TION IN AREAS OF CONCERN IN THE GREAT LAKES. paragraph $50,000,000 for each of fiscal years ment action or threat of such action. Section 118(c) of the Federal Water Pollution 2003 through 2007. However, Superfund’s suitability for Control Act (33 U.S.C. 1268(c)) is amended by ‘‘(ii) AVAILABILITY.—Funds appropriated cleaning up the Great Lakes is limited. adding at the end the following: under clause (i) shall remain available until ex- The Great Lakes sediments became pended.’’. ‘‘(12) REMEDIATION OF SEDIMENT CONTAMINA- contaminated as a result of pollution TION IN AREAS OF CONCERN.— SEC. 3. RELATIONSHIP TO FEDERAL AND STATE from many sources over several genera- ‘‘(A) IN GENERAL.—In accordance with this AUTHORITIES. Section 118(g) of the Federal Water Pollution tions. Applying Superfund could make paragraph, the Administrator, acting through virtually every citizen of the Great the Great Lakes National Program Office and in Control Act (33 U.S.C. 1268) is amended— coordination with the Office of Research and (1) by striking ‘‘construed to affect’’ and in- Lakes Basin a liable party. Development, may carry out qualified projects. serting the following: ‘‘construed— There are better ways to address this ‘‘(B) QUALIFIED PROJECT.—In this paragraph, ‘‘(1) to affect’’; problem. One solution is to encourage a qualified project is a project to be carried out (2) by striking the period at the end and in- cooperative efforts through public-pri- in an area of concern located wholly or in part serting ‘‘; or’’; vate partnerships. That is the solution in the United States that— (3) by adding at the end the following: recommended by the bill H.R. 1070, the ‘‘(i) monitors or evaluates contaminated sedi- ‘‘(2) to affect any other Federal or State authority that is being used or may be used to fa- Great Lakes Legacy Act of 2002. ment; H.R. 1070 would authorize $50 million ‘‘(ii) subject to subparagraph (D), implements cilitate the cleanup and protection of the Great a plan to remediate contaminated sediment; or Lakes.’’; and a year for 5 years to clean up contami- ‘‘(iii) prevents further or renewed contamina- (4) by aligning the remainder of the text of nated sediment in areas of concern in tion of sediment. paragraph (1) (as designated by paragraph (1) the Great Lakes. This Federal funding ‘‘(C) PRIORITY.—In selecting projects to carry of this section) with paragraph (2) (as added by must be matched with at least a 35 per- out under this paragraph, the Administrator paragraph (3) of this section). cent non-Federal share, encouraging shall give priority to a project that— SEC. 4. RESEARCH AND DEVELOPMENT PRO- local and private sector investment. ‘‘(i) constitutes remedial action for contami- GRAM. This bill also makes sure that these nated sediment; (a) IN GENERAL.—In coordination with other funds are well spent. ‘‘(ii) has been identified in a Remedial Action Federal and local officials, the Administrator of Plan submitted pursuant to paragraph (3) and the Environmental Protection Agency is author- At some sites, removing sediments is ready to be implemented; or ized to conduct research on the development will be the best way to address short- ‘‘(iii) will use an innovative approach, tech- and use of innovative approaches, technologies, and long-term risks. At other sites, the nology, or technique that may provide greater and techniques for the remediation of sediment last thing we want to do is go in and

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.016 H04PT1 H6010 CONGRESSIONAL RECORD — HOUSE September 4, 2002 stir up contaminated sediments by Agreement to push administrations in entific mind and appreciation of the dredging, causing even more harm to the past to action on cleanup of the challenges has brought considerable the environment. toxic hot spots, or areas of concern as expertise and passion for cleaning up This consensus bill does not try to they are called. It is just an unspeak- these waters to this issue, and I com- presume any particular cleanup option. able tragedy that nearly 100 percent of pliment the gentleman for introducing It simply encourages stakeholders to the near shore waters of the Great the bill today before us which will au- take action and to make sure that the Lakes and connecting tributaries are thorize $50 million annually for the En- action they take will make a real im- under fish consumption advisories be- vironmental Protection Agency to provement to human health and the cause those fish have taken up toxics carry out projects to address sediment environment. from bottom feeding organisms, from contamination in the Great Lakes I want to commend the gentleman plants, carried them in their bodies and areas of concern. from Michigan (Mr. EHLERS) and his then are consumed by humans. It was b 1500 colleagues for working with stake- presented in documented testimony in These are going to be prioritized holders from the Great Lakes to ad- the hearings that I held in the Sub- projects. Priority will be given to those vance this legislation. I believe this is committee on Investigations and Over- that actively address the contaminated a great example of bipartisan legisla- sight and corroborated since then in sediments that have been identified in tion that everyone in this Chamber can subsequent hearings. The chairman has the remedial action plans for the areas support. I urge my colleagues to sup- conducted a few. of concern, projects that promise to port this bill. If a person lives within 20 miles of implement innovative approaches, new Mr. Speaker, I reserve the balance of the Great Lakes and they eat fish once technologies and new techniques to my time. a week, they have on average 440 parts deal with contaminated sediment so as Mr. OBERSTAR. Mr. Speaker, I yield per billion PCBs in their body. If they not to, as Chairman DUNCAN expressed myself such time as I may consume. live anywhere else in America and eat concern, reintroduce contaminants I thank the gentleman from Ten- fish once a week, they probably have into the water column and thereby re- nessee (Mr. DUNCAN) for his splendid only 5 parts per billion per PCBs in establish the pollution or distribute it statement and full discussion of the their body. I need not go into the ad- subject at hand and for his leadership further. verse health consequences of PCBs. One of these innovative approaches is and, as always, bipartisan cooperation They are well-documented in the med- one that has been undertaken by the in bringing this legislation to the floor ical and scientific literature. U.S. environmental research labora- today. We had a researcher, Dr. Waylon tory of EPA in Duluth, the University I also want to acknowledge the sup- Swain, from the University of Michi- of Minnesota’s Natural Resources Re- port and cooperation of our chairman gan testify at the Subcommittee on In- search Institute and the U.S. Army of the full committee the gentleman vestigations and Oversight hearing who Corps of Engineers in the harbor of Du- from Alaska (Mr. YOUNG) and seeing to had done tests on his 16-year-old luth, using mining technologies which it that we move this bill expeditiously daughter of the fatty tissue in her body we in the iron ore mining country of through subcommittee, full committee and the content of PCBs and then did a my district use to beneficiate low- and to the floor today. computer projection to determine how grade, nonmagnetic ores using a proc- There is no question this bill is a long it would take for future genera- ess that has a cost in the range of $2 to long time in coming, and it should, tions, for PCBs to leave her offspring if $3 a cubic yard versus $400 to $600 a when enacted and implemented, bring none of them were exposed in the fu- cubic yard for other technologies, have to fruition the long-planned and sort of ture to PCBs. Six generations. This is a successfully remediated large volumes haltingly carried out efforts to clean persistent toxic chemical that we need of toxic-substance-containing sediment up decades-long contamination of this to extract from the bottoms of those so that this cleansed sediment now can repository of one-fifth of all the fresh areas of concern. be used in parks and reclaiming areas water on the face of the Earth, the Of the 43 areas of concern of the along the waterfront in Duluth for Great Lakes. Great Lakes, 31 are wholly or partly other environmentally friendly activi- It has been my home all my life, liv- within U.S. waters, and they are most- ties. ing not on the shore but close enough ly harbors. More than 1.3 million in These are the kinds of innovative ap- to the shore of Lake Superior, my cubic yards of contaminated sediments proaches this legislation will support hometown of Chisholm just about 90 have been remediated over the past 3 and stimulate in the future. The legis- miles away. I spent a great deal of my years. We have just touched the top of lation before us also has clarifying lan- time as a young lad near the shores of the challenge, and remediation is no- guage to ensure that the new program Lake Superior and my service in the where near completed in any one of the will have no effect on existing Federal Congress, my District extends from Du- areas of concern. and State authorities to address con- luth all the way up to Canada, along The people of the Great Lakes com- taminated sites. The IJC report re- that splendid rocky outcrop of the 3 munity, 36 million of them, have lived cently found that all sediment remedi- billion year old deposits of basalt that with this problem that threatens their ation completed to date has been fund- look broodingly out onto Lake Supe- physical health, the health of their ed as a result of enforcement action, or rior, which represents 10 percent of the children, and impacts the entire re- the threat of enforcement action, fresh water on the face of the Earth. gion, both economically and in deg- against polluters. While that still My predecessor Congressman John radation of the Great Lakes environ- would remain, we would hope ideally Blatnik was the original author of the ment. that there would be a cooperative ap- first Clean Water Act, Federal Water I was heartened when former Presi- proach to cleanup. The aptly named Pollution Control Act of 1956 that dent Clinton in fiscal 2000 included ‘‘orphan sites’’ will be one of the tar- began the Nation’s efforts to clean up within the administration’s budget a gets of this legislation. I expect EPA the waters of the United States and request for $50 million for remediation and the States to continue to pursue was the one who inspired the research of contaminated sediments, and I had and to hold accountable polluters re- laboratories that now are located at the time introduced H.R. 3670 to au- sponsible for contamination of all the throughout the Great Lakes to serve as thorize a program for cleanup of the areas of concern. a beacon for the protection, beacon out Great Lakes areas of concern, but nei- Mr. Speaker, again I want to thank on those fresh waters to serve as the ther the bill nor the $50 million came the gentleman from Michigan (Mr. protection for the future generations of to fruition. But the initiatives then EHLERS) for his persistence in pursuing the Great Lakes, on the purity and stimulated further attention. this issue, the gentleman from Ten- quality of those waters. I am very delighted to acknowledge nessee (Mr. DUNCAN) for his diligence in In years past, when I chaired the the work of the gentleman from Michi- bringing the legislation forward, the Subcommittee on Investigations and gan (Mr. EHLERS), who is a colleague of gentleman from Alaska (Mr. YOUNG) Oversight, I held extensive hearings on ours on the Committee of Transpor- for his participation, and the gen- the United States-Canada Clean Water tation and Infrastructure, whose sci- tleman from Oregon (Mr. DEFAZIO) for

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.018 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6011 his active support on our side as the course, the humans who eat the fish with authority and with authorized ap- ranking member of the Subcommittee and occasionally the waterfowl collect propriations to carry out qualified on Water Resources and Environment. it all and become even more contami- projects in areas of concern that re- Mr. Speaker, I reserve the balance of nated. quire cleanup and are not likely to suf- my time. After many years of dumping harm- fer further contamination. We must Mr. DUNCAN. Mr. Speaker, I yield 7 ful, toxic substances into the water- take steps to monitor and clean up minutes to the gentleman from Michi- ways surrounding the Great Lakes and contaminated sediment and prevent gan (Mr. EHLERS), the original author the lakes themselves, the pristine envi- further or renewed contamination. In of the bill. ronment and waters of the Great Lakes addition, we must pursue research and Mr. EHLERS. Mr. Speaker, I rise in have suffered. Cleanup projects have development of innovative approaches support of the Great Lakes Legacy Act been implemented at only a portion of and technology to help us learn how to of 2002. First, I thank the gentleman the so-called areas of concern identi- remove contaminated sediment in the from Tennessee (Mr. DUNCAN), the fied by the EPA as the worst of the most environmentally safe and effi- chairman of the subcommittee; and the contaminated sites. Let me just ex- cient manner. The Great Lakes Legacy gentleman from Minnesota (Mr. OBER- plain what these areas of concern are. Act helps accomplish these goals. STAR), the ranking member of the full That is kind of a euphemistic phrase in Finally, this act is not only environ- committee, for their kind comments my mind. What it is describing is dirty, mentally responsible; it is also fiscally and for the help that they have given toxic, polluted sediments at the bot- responsible. The act provides leveraged me in getting this bill to this point, tom of the rivers. This material is funding and fosters partnerships be- particularly not just in terms of proc- slowly leaching into the Great Lakes. tween State and local authorities and ess but also in substance, in the advice Years ago we cleaned up our rivers on private interests by requiring a 35 per- I have received. the surface. We cleaned up the obvious cent non-Federal cost share. In addi- America is often called the land of pollution, the things you could see tion, non-Federal sponsors are pre- plenty, especially when it comes to our floating down the river. Many of us re- vented from using Federal funds to dis- natural resources. Few places on Earth call the days when the Cuyahoga River place previous expenditures for remedi- are more blessed than we are, and the in Cleveland caught fire and rats ran ation programs. In other words, with a Great Lakes stand out among our across the river, it was so contami- 65–35 split, we will get a greater envi- many blessings. I am pleased to be the nated. When I moved to Grand Rapids, ronmental bang for our Federal buck. author of this legislation because it Michigan, the Grand River, which runs The Great Lakes Legacy Act will will protect this precious resource, our right through the city, was polluted greatly improve cleanup efforts in the Great Lakes. enough that you would not think of Great Lakes communities which need Let me describe just how important swimming in there; and you did not it most and will allow unfettered, con- the Great Lakes are, both to citizens want to eat the fish in it. We have tinued use of this precious natural re- within the Great Lakes basin and to made progress in cleaning up the obvi- source. I thank the chairman and the the country as a whole. The Great ous pollution. Today, the Cuyahoga ranking member for their assistance. I Lakes constitute almost 20 percent of River is a reasonably clean river. The appreciate their support of this bill. the Earth’s surface fresh water and 95 Grand River in Grand Rapids is so Mr. OBERSTAR. Mr. Speaker, I have percent of the surface fresh water in clean that people fish constantly and no further speakers on our side, and I the United States. Let me repeat that: eat the fish without difficulty, and reserve the balance of my time. 95 percent of the surface fresh water in some people even swim in the river Mr. DUNCAN. Mr. Speaker, I yield the United States. That means if you now. myself the balance of my time. take all the waters of the United However, what we have not addressed Let me just close the debate by say- States, starting first with the rivers, is the problem of the sediments, what ing there is almost nothing that people the Hudson River and working west, is at the bottom of the river. We have take for granted as much as they do the Ohio, the magnificent Mississippi, not addressed this for several reasons. their water. Yet many people have said the Missouri, Arkansas, Colorado, First of all, we did not know how to ad- and have written that water may well Snake and Columbia, and you could dress it, because if you simply dredge be the oil of the 21st century. The im- name many more, add them all to- it, you stir up all the sediments and portance of our water supply is going gether and then put in all the other the contamination just flows down into to grow and grow and grow with the lakes in the United States and collect the lake. So we needed to know more passing years. Certainly the Great all that surface fresh water together in about how to do it. But also there was Lakes, as the gentleman from Michi- one spot, then you would still have to a hope that the toxic material would gan (Mr. EHLERS) just said, is a pre- multiply that by almost 20 to equal the just stay there in the sediments and cious national resource. The Great amount of water in the Great Lakes not move and we could just leave it Lakes contain, as the gentleman from system. That is an incredible resource. there and ignore it. We have now found Minnesota (Mr. OBERSTAR) has said, al- It is an incredibly wonderful thing to out that we cannot ignore it. It is most one-fifth of the world’s fresh- have. steadily leaching into the Great Lakes, water supply. The Great Lakes contain These lakes provide us with fresh and we must stop it and we have to de- 95 percent of the U.S. surface fresh- drinking water, habitat for wildlife, velop methods to do it. water supply. The Great Lakes is a food from fisheries, recreation in and One of the biggest obstacles to com- very, very important asset. on the waterways, water for agri- pleting a remedial action plan, or a This is a good bill. This is a very pro- culture, and shipping lanes for eco- cleanup plan, is the funding for it. environment bill. The lack of con- nomic growth. Millions of people live Community groups, States, the EPA, troversy should not mask or decrease on the Great Lakes and millions more and the Army Corps of Engineers have or cover up the significance of this bill, journey to the Great Lakes to vacation all committed to remediation efforts the importance of it. I think this is one and enjoy all the splendors the lakes and have cited the lack of Federal of the most significant clean-water provide. funding as an impediment to cleaning bills that this Congress has ever However, longstanding pollution up areas of concern in communities passed. I urge all of my colleagues to from contaminated river sediments that have taken the initiative to im- support it. continues to harm water quality in the prove the quality of their water. It is Let me say one other thing before I Great Lakes and restricts our use of time that we helped them clean up yield back my time. I just want to this valuable resource. As we heard these sites. commend the gentleman from Min- from the gentleman from Minnesota Existing authorities and programs nesota (Mr. OBERSTAR) and the gen- (Mr. OBERSTAR), the fish have become such as Superfund and other enforce- tleman from Michigan (Mr. EHLERS). contaminated with the toxic material, ment mechanisms have not provided The gentleman from Minnesota is cer- particularly the PCBs. The waterfowl the resources that are necessary to tainly always one of the most active that eat the fish have in turn become clean up contaminated sediments. We members of our committee and a real more contaminated. And then, of must provide the EPA administrator leader on all of these issues, and I

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.066 H04PT1 H6012 CONGRESSIONAL RECORD — HOUSE September 4, 2002 thank him for his support of this legis- Michigan on this subject it too important for Brentwood Road, NE, in Washington, D.C., lation. the Congress to let slip. My resolution affirms and known as the Brentwood Processing and Mr. Speaker, I yield back the balance the importance of passing H.R. 1070 in an ex- Distribution Center, shall be known and des- of my time. ignated as the ‘‘Joseph Curseen, Jr. and peditious manner equal to its relevance for Thomas Morris, Jr. Processing and Distribu- Mr. OBERSTAR. Mr. Speaker, I yield helping clean the world’s largest source of tion Center’’. myself the balance of my time. freshwater. (b) REFERENCES.—Any reference in a law, I thank the gentleman not only for Let me make this point clear, the environ- map, regulation, document, paper, or other his kind remarks but also for his very mental problems that are caused by AOCs are record of the United States to the facility re- thoughtful summation. In his ever-ju- not just a Michigan issue. Although most ferred to in subsection (a) shall be deemed to dicious manner, he has summed up the Areas of Concern in the United States are be a reference to the Joseph Curseen, Jr. and issue before us and stated the case so Thomas Morris, Jr. Processing and Distribu- concentrated in Michigan, it is a national and tion Center. well. I not only urge unanimous ap- international problem. Its risks for human The SPEAKER pro tempore (Mr. proval of the legislation in this body, health, aquatic populations, ecological habitats but I also urge the other body to move CULBERSON). Pursuant to the rule, the and wildlife are serious and impact states be- gentlewoman from Maryland (Mrs. expeditiously on this legislation. yond Michigan. Therefore, it would be unwise MORELLA) and the gentlewoman from Mr. Speaker, I yield back the balance for the Congress to ignore this issue or delay of my time. the District of Columbia (Ms. NORTON) its consideration any further. each will control 20 minutes. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. Speaker, again, I am pleased to lend The Chair recognizes the gentle- The SPEAKER pro tempore (Mr. my full support for the Great Lakes Legacy Act woman from Maryland (Mrs. MORELLA). CULBERSON). The Chair would remind and urge my colleagues to do the same. With GENERAL LEAVE all Members that they should refrain that Mr. Speaker, I yield back the floor. Mrs. MORELLA. Mr. Speaker, I ask from urging the Senate to take a spe- The SPEAKER pro tempore. The unanimous consent that all Members cific action. question is on the motion offered by may have 5 legislative days within Mr. CAMP. Mr. Speaker, I rise today in sup- the gentleman from Tennessee (Mr. which to revise and extend their report of the Great Lakes Legacy Act, H.R. DUNCAN) that the House suspend the marks on H.R. 3287, the bill presently 1070. rules and pass the bill, H.R. 1070, as under consideration. I would like to commend my colleague and amended. The SPEAKER pro tempore. Is there friend from Michigan, Congressman VERN The question was taken; and (two- objection to the request of the gentle- EHLERS for crafting this important legislation thirds having voted in favor thereof) woman from Maryland? and for his diligence in gathering the appro- the rules were suspended and the bill, There was no objection. priate support. As a cosponsor of the Great as amended, was passed. Mrs. MORELLA. Mr. Speaker, I yield Lakes Legacy Act, I am extremely pleased The title of the bill was amended so myself such time as I may consume. that the Great Lakes region is one step closer as to read: ‘‘A bill to amend the Fed- Mr. Speaker, H.R. 3287, introduced by to cleaning up toxic hot spots that lurk under eral Water Pollution Control Act to au- the gentleman from Maryland (Mr. the world’s largest freshwater system. thorize the Administrator of the Envi- WYNN), our distinguished colleague, While globally there are 42 Areas of Con- ronmental Protection Agency to carry designates the Brentwood Processing cern (AOC), that is, areas that suffer from se- out projects and conduct research for and Distribution Center in Washington, vere sediment contamination, 26 are located remediation of sediment contamina- D.C., as the Joseph Curseen, Jr., and in the United States, and in my state of Michi- tion in areas of concern in the Great Thomas Morris, Jr., Processing and gan there are 14 designated AOCs. Contami- Lakes, and for other purposes.’’. Distribution Center. I am very proud to nation levels in these areas threaten human A motion to reconsider was laid on have my name as a cosponsor and health, contribute to the loss of fish and wild- the table. original sponsor of this bill also. life habitat, restrict critical dredging activities, f Mr. Speaker, today we honor two and lead to numerous beach closings. AOCs public servants who died in the line of are among Michigan’s most demanding envi- GENERAL LEAVE duty. Thomas Morris and Joseph ronmental challenge. Mr. DUNCAN. Mr. Speaker, I ask Curseen did not know when they re- Like other environmental clean-up pro- unanimous consent that all Members ported to the Brentwood Processing grams, full remediation of Great Lakes AOCs may have 5 legislative days in which to and Distribution Center last October continues to be bogged down by a burden- revise and extend their remarks on that they were on the front lines of the some web of complex regulations, lack of nec- H.R. 1070. war against terrorism. But they were essary funding, and insufficient progress of re- The SPEAKER pro tempore. Is there struck down by anthrax which infected search and development into new tech- objection to the request of the gen- the facility when an anonymous ter- nologies. Recognizing these obstacles, the tleman from Tennessee? rorist sent envelopes containing spores legislation we are considering today aims to There was no objection. to Washington. solve the problems that plague successful f Both had distinguished careers at the clean-up efforts. Brentwood Road facility. Curseen In short, H.R. 1070 addresses the most b 1515 began his career with the postal service costly and technical hurdles that face these JOSEPH CURSEEN, JR. AND THOM- in 1985 as a letter-sorting machine op- hazardous hot spots. More specifically, this AS MORRIS, JR. PROCESSING erator. Morris, an Air Force veteran, legislation authorizes funding for States, Indian AND DISTRIBUTION CENTER began work at the facility in 1973. Both tribes, regional agencies, and local govern- Mrs. MORELLA. Mr. Speaker, I move men were born and raised in Wash- ments for projects in AOCs to monitor or to suspend the rules and pass the bill ington, D.C., and their deaths shocked evaluate contaminated sediment and reme- (H.R. 3287) to redesignate the facility of the Washington area, the postal com- diate contaminated sediments. It also targets the United States Postal Service lo- munity, and the entire Nation. It is fit- funding for research and development of new cated at 900 Brentwood Road, NE, in ting to name the building where they technologies that aim to clean toxic sediments Washington, D.C., as the ‘‘Joseph served their country after these two in the Great Lakes basin. Curseen, Jr. and Thomas Morris, Jr. distinguished public servants. And so, My support for this legislation goes beyond Processing and Distribution Center’’. Mr. Speaker, I urge adoption of H.R. my co-sponsorship of the measure. In March The Clerk read as follows: 3287. I introduced a resolution, House Resolution Mr. Speaker, I reserve the balance of H.R. 3287 361. H.Res. 361 calls on the House of Rep- my time. resentatives to take swift action in helping to Be it enacted by the Senate and House of Rep- Ms. NORTON. Mr. Speaker, I yield restore and protect Michigan’s Great Lakes, resentatives of the United States of America in myself such time as I may consume. Congress assembled, the state’s most precious natural resource. My Mr. Speaker, as we approach the 1- SECTION 1. JOSEPH CURSEEN, JR. AND THOMAS year period following the attacks on bill highlights the environmental problems as- MORRIS, JR. PROCESSING AND DIS- sociated with AOCs and includes the goals set TRIBUTION CENTER. our country, I rise to support a bill of forth in the Great Lakes Legacy Act. In my (a) REDESIGNATION.—The facility of the special significance to honor two na- view, the work done by my colleague from United States Postal Service located at 900 tive sons of the District of Columbia

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.020 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6013 who as public servants gave their lives his local homeowners’ association. He mitment to a safe facility, I propose while serving this city, this region, and instituted a neighborhood watch pro- that the Postmaster General, postal, this country. H.R. 3287 would redesig- gram and assisted in building a play- union and elected officials be the first nate the United States Postal Service ground for the neighborhood children. to enter the facility. facility located at 900 Brentwood Road, He looked for ways large and small to I also believe that renaming Brent- Northeast, in Washington, D.C. as the improve his community, such as the wood to honor Joseph Curseen, Jr., and Joseph Curseen, Jr., and Thomas Mor- petition he organized that resulted in Thomas Morris, Jr., will help accom- ris, Jr., Processing and Distribution speed bumps on the streets of his complish what no amount of reassurance Center. munity to protect his neighbors from could possibly do. Their names will for- I want to thank the gentleman from irresponsible drivers. ever rest on the building to remind em- Maryland (Mr. WYNN), who represents Thomas L. Morris, Jr., was born on ployees, visitors and the Nation that the district where Joseph Curseen and March 2, 1946, also in Washington, D.C., we must not forget two brave fallen he- Thomas Morris resided, for his leader- and he got his education in public roes, whose example at work should in- ship in introducing H.R. 3287, and the schools of the District of Columbia. He spire us to press forward, unbowed and gentleman from Illinois (Mr. DAVIS), began his career with the U.S. Postal without fear. the ranking member of the Sub- Service in 1973 as a distribution clerk I urge my colleagues to support this committee on Civil Service, Census and in the government mails section at important measure. Agency Organization, who is also my Brentwood. During his postal career Mr. Speaker, I reserve the balance of colleague on the subcommittee, for his Mr. Morris was honored four times for my time. Mrs. MORELLA. Mr. Speaker, I re- hard work in bringing this bill to the outstanding performance and with serve the balance of my time. floor and for generously deferring to service awards. Ms. NORTON. Mr. Speaker, I am Mr. Speaker, naming post offices is a me to manage the bill. I am proud to be pleased to yield 4 minutes to the gen- an original cosponsor of H.R. 3287. common practice in this body, but re- tleman from Illinois (Mr. DAVIS), the This month our Nation is struggling naming Brentwood carries special ranking member of the Subcommittee for ways to reflect upon and appro- meaning, both symbolic and pragmatic. on Civil Service. priately commemorate the tragic Brentwood has remained closed since Mr. DAVIS of Illinois. Mr. Speaker, I events that began with the attack on the anthrax attacks last October. Yet want to thank the gentlewoman for September 11, 2001. Today we remember in the not too distant future, Brent- yielding me time. October 21 and October 22, 2001, because wood will reopen. When it does, it must Mr. Speaker, as a member of the on these consecutive days, we lost two be a new Brentwood. When workers Committee on Government Reform, I brave men to the anthrax attack on walk back into that facility, every as- am pleased to join my colleagues in our country. pect of the reopening should signify consideration of H.R. 3287, which redes- Joseph Curseen, Jr., and Thomas that this is Brentwood reborn. ignates the facility of the United Morris, Jr., were both family men and Brentwood not only will be fumi- States Postal Service located at 900 pillars of their communities. They gated, sanitized and refurbished, it Brentwood Road, Northeast, in Wash- were known for their dedicated hard should be Brentwood no more. Its new ington, D.C., as the Joseph Curseen, work on the job as postal employees name will signify a new beginning, a Jr., and Thomas Morris, Jr., Processing whose colleagues have still not forgot- mission that needs our attention. and Distribution Center. ten them. They were loved by their Many postal workers are still, under- This bill was sponsored by the gen- families, who still deeply miss them. standably, reluctant to return to tleman from Maryland (Mr. WYNN) on We are pleased that Celeste Curseen Brentwood. In naming the facility for November 13, 2001, and enjoys the sup- and Mary Morris, the widows of the Joseph Curseen and Thomas Morris, we port and cosponsorship of the entire two men, are in the gallery today. can hope that their fellow workers will Maryland delegation, as well as the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE feel more resolved and more com- support of the gentlewoman from the The SPEAKER pro tempore. The fortable as they return. District of Columbia (Ms. NORTON) and Chair will remind Members that they The Subcommittee on the District of the gentleman from Arizona (Mr. may not refer to individuals in the gal- Columbia, on which I serve as ranking KOLBE). lery. member, already has held one hearing Mr. Speaker, I also would like to Ms. NORTON. Many of us will always on the remediation of the Brentwood note the dignity, grace and spirit of co- remember Joseph Curseen and Thomas facility. At that hearing I asked the operation that has been displayed by Morris as Washingtonians because it is Centers for Disease Control to conduct Ms. Celeste Curseen, wife of Mr. Joseph in this city that they were born and an epidemiological study to compare Curseen, Jr., and Ms. Mary Morris, wife raised and received the values and the the health of the workers from Brent- of Mr. Thomas Morris, Jr., as well as work ethic for which they are so fondly wood with the health of workers who Mr. William Burris, President of the remembered. did not work in a contaminated facility American Postal Workers Union, as we Joseph Curseen, Jr., was born in so that we can follow and know if there have moved to process this legislation. Washington, D.C. in 1954. He graduated are any longer-term effects. The CDC As the Chairman of the Congres- from Our Lady of Perpetual Help has agreed to do this study, and, in ad- sional Postal Caucus, I am proud to Grammar School in Southeast Wash- dition, is following the health condi- honor two dedicated postal workers, ington and then went on to graduate tion of those who worked at the facil- Joseph Curseen, Jr., and Thomas Mor- from Gonzaga High School and Mar- ity. ris, Jr., both of whom died as a result quette University. Beginning in 1985, The Postal Service has agreed that, of a bioterrorist anthrax attack on the Mr. Curseen was a letter-sorting ma- at the very least, the same degree of United States postal system. This at- chine operator in the U.S. Postal Serv- extreme care that was used in cleaning tack changed the fabric of American ice, working evenings at the Brentwood the Hart Building, also struck by the society. Let me recount the facts. Road facility on machines that proc- anthrax attacks, will be used to decon- The U.S. Postal Service Brentwood essed government mail. Not once in taminate Brentwood. I also have pro- Processing and Distribution Center in those 15 years did Joseph Curseen miss posed that we hold another hearing be- the District of Columbia, a 632,000 a day of work. fore Brentwood is reopened to reassure square foot facility, was closed on Oc- Mr. Curseen was a man of faith who the public and postal employees that tober 21, 2001, because of anthrax con- never left his home church here in the every possible step has been taken to tamination. Anthrax-laced letters ad- District. He led a bible study group at ensure their safety. dressed to Senators TOM DASCHLE and work and was a Eucharistic Minister at Following the tragic deaths of these PATRICK LEAHY in their Senate offices our Lady of Perpetual Help Roman two men, we must do whatever is nec- had been processed at the Brentwood Catholic Church until his death. essary and appropriate to eliminate the facility. Approximately 2,400 employ- Mr. Curseen was not only dedicated deep concerns many employees still ees worked at this facility, including to his work, but also to his commu- have about returning to the Brentwood Joseph Curseen, Jr., and Thomas Mor- nity, where he served as president of facility. As one way to show our com- ris, Jr.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.025 H04PT1 H6014 CONGRESSIONAL RECORD — HOUSE September 4, 2002 On October 21, 2001, Thomas Morris, If my colleagues would indulge me, I more than 4 years. His choice of more Jr., died of inhalation anthrax. The fol- would like to tell a little bit about than a 30-year career with the Postal lowing day, his colleague, Joseph these gentlemen. Joseph Curseen, Jr. Service was further reflection of his Curseen, Jr., also died of inhalation an- and Thomas Morris, Jr. were like thou- commitment to serving the people of thrax. As of today, law enforcement of- sands of other hard-working, dedicated our Nation. ficials have not found and brought to Federal employees who came to work Starting his postal career as a gov- justice the perpetrators of these cow- every day and quietly went about their ernment mail distribution clerk in ardly acts, and the Brentwood facility daily duties, keeping the wheels of our 1973, Thomas’ varied assignments took remains closed. government turning. However, unlike him through other tours and sections It is unfortunate that we were intro- many of our Federal employees, in Oc- at the Brentwood facility, including a duced to Thomas Morris, Jr., and Jo- tober of 2001, the hand of fate wearing promotion to general expediter. Just 3 seph Curseen, Jr., as a result of their the mask of terror touched these two years ago, Thomas’s duties took him deaths. young men. They died as a result of an- full circle, with a return to the govern- b 1530 thrax sent through the mail that was ment mail section. During the course intended for our colleagues. of his distinguished career, he was hon- However, by renaming the Brentwood First, Joseph P. Curseen, Jr. was ored on four occasions with out- Postal Facility after these 2 individ- born in Washington, D.C. in 1954, the standing performance and service uals, we will be creating a lasting me- only son of Billie and Joseph P. awards. morial to their lives, and we will be re- Curseen, Sr., and big brother to Joan Thomas L. Morris led a life marked creating a lasting memorial, because Jackson and Janice Curseen. He was a by devotion to his family, his friends, they were both exemplary citizens, graduate of Our Lady of Perpetual Help and his coworkers. He shared the les- citizens who gave so much of them- Grammar School, Gonzaga High sons he learned with those he knew and selves, not for themselves, but often- School, and Marquette University. In loved and learned life’s lessons from all times for the benefit of others, individ- 1985 he married his beautiful wife, he came in contact with. uals who were model citizens, model Celestine. These two dedicated Federal employ- husbands, model fathers, involved ac- Joseph was a quiet, warm, and fun- ees have been honored by their leaders tively in their communities and in the loving man. He was an active, re- and coworkers with the Postmaster lives of others, involved in their spected community leader who was General’s Medal of Freedom. I ask my church, involved with doing those founder and served as President of his colleagues to join me in honoring these things that we raise up in this country. neighborhood homeowners association. men today by redesignating the Brent- So when we name this facility for He served his spiritual community as a wood Postal Facility in their names. them, we are not really naming it for eucharistic minister at Our Lady of Ms. NORTON. Mr. Speaker, I yield 3 them, but we are really naming it for Perpetual Help Roman Catholic minutes to the distinguished gen- the best of what America has to offer, Church, as a Bible study leader at tleman from Maryland (Mr. HOYER). and that is ordinary people doing ex- work, as a Promise Keepers partici- Mr. HOYER. Mr. Speaker, I thank traordinary things. pant, and as a true servant of God. At the gentlewoman for yielding me this So, Mr. Speaker, I again want to work, Joe’s quiet dedication and pro- time. commend my colleague, the gentleman fessionalism set an outstanding exam- Today, the representatives of the from Maryland (Mr. WYNN) for intro- ple for others in the service of our Na- people of a grateful Nation will vote ducing this legislation, and I urge its tion. unanimously to honor Thomas Morris, passage, and I commend the lives of Joseph joined the Postal Service Jr. and Joseph Curseen, Jr. We will do these 2 great citizens. family in 1985, following in his father’s that by designating the Brentwood Ms. NORTON. Mr. Speaker, I am footsteps. His assignments may have Postal Facility in their honor and in pleased to yield 41⁄2 minutes to the gen- changed over the years, first to the flat their names. tleman from Maryland (Mr. WYNN), the sorting machine and then to automa- Not too long ago, we renamed the principal sponsor of this legislation. tion, but his personality and inspira- headquarters of the Capitol Police for Mr. WYNN. Mr. Speaker, I would like tion were always solid anchors for three Capitol Policemen that we lost at to thank the gentlewoman from the those he worked with. the hand of a terrorist, J.J. Chestnut, District of Columbia for yielding me Joseph P. Curseen, Jr.’s legacy is one John Gibson, and Christopher Eney. this time, and I thank all of my col- of love for his God, for his wife, for his Today, we do another appropriate act. leagues in the region, the gentlewoman family, for his church, for his commu- We will rise together to recognize, as from Maryland (Mrs. MORELLA), the nity, and for his coworkers. the distinguished gentleman from Illi- gentlewoman from the District of Co- Thomas L. Morris, Jr. was born in nois observed, average Americans lumbia (Ms. NORTON), as I have indi- Washington, D.C. in 1946, the first of doing very uncommon things. Not only cated, the gentleman from Maryland three children born to Eva and Thomas will we honor Mr. Morris and Mr. (Mr. HOYER), and also the gentleman Lee Earl Morris. He has two sisters, Curseen, but we will honor their col- from Illinois (Mr. DAVIS) and other Yvonne Hankerson and Sheila Howard. leagues as well. We will honor indeed Members for supporting me in this leg- Educated in the public schools of the all of those who day-to-day, week-to- islation. District of Columbia, he continued to week, month-to-month and year-to- I rise today in support of this bill learn and teach throughout every day year perform their tasks courageously, honoring, as the Washington Post sim- of his life. For 11 years, Thomas was conscientiously, effectively. They do so ply put it, ‘‘Two Men Who Were Just married to his wife Mary, and to their so that America can function. Frankly, Doing Their Jobs.’’ My bill, H.R. 3287, union was born one son, Thomas L. every day America relies on the United redesignates the facility of the United Morris III. They also shared two step- States Postal Service. It relies on it for States Postal Service located at 900 children, Tara Underwood and Akai commerce, it relies on it for family Brentwood Road, N.E. in Washington, Snorten, and three grandchildren. ties, it relies on it for information. Jo- D.C. as the Joseph Curseen, Jr. and Thomas was a kind and private man. seph Curseen and Thomas Morris made Thomas Morris, Jr. Processing and Dis- He shared his emotions fully and hap- sure that happened. tribution Center. This facility was the pily with those who were closest to After their deaths in October of 2001, site of the deadly anthrax contamina- him. He derived great pleasure from I had the opportunity of attending tion that resulted from a letter en the warmth of his loving family. One of their memorial service, and at that route to Members of the United States his passions was bowling, where he service I met their wives, Celestine Senate. served as President of the Tuesday Curseen and Mary Morris. I did not I am particularly pleased that the Morning Mixed League at Parkland know either Joe or Tom, but I met wives of these 2 men, Ms. Curseen and Bowl. Thomas was faithful to his their wives. And I can tell from them Ms. Morris, are able to see this day as church, Kendall Baptist. He was dedi- and the strong feelings they have for a small measure of compensation for cated to his country and served honor- those they have lost the kind of men, the loss that they have suffered. ably in the United States Air Force for not only that they have lost, not only

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.026 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6015 that the Postal Service has lost, but sume just to say that Thomas Morris’ GENERAL LEAVE that we as a Nation have lost, two ex- memories will live on through his wife Mrs. MORELLA. Mr. Speaker, I ask traordinary women in shared grief. of 11 years, Mary, their son, Thomas, unanimous consent that all Members Today we share their grief and we their stepchildren, Tara Underwood, may have 5 legislative days within share their pride. We share their pride Akai Snorten, their grandchildren, which to revise and extend their re- in those two men and in their col- Thomas’s two sisters, Yvonne marks on H.R. 5308. leagues. Hankerson and Sheila Howard. The SPEAKER pro tempore. Is there I visited the D.C. General Hospital, Joseph Curseen’s life will be remem- objection to the request of the gentle- which was the site of the postal work- bered by his wonderful wife of 16 years, woman from Maryland? ers coming and being advised as to the Celeste, his parents, Billie and Joseph, There was no objection. risks they faced, the health con- his two younger sisters, Joan and Jan- Mrs. MORELLA. Mr. Speaker, I yield sequences that might occur, and the ice. We will also remember them, we myself such time as I may consume. prophylactic that they could take. I will remember them every day. Mr. Speaker, H.R. 5308, introduced by went down the line of those who were I offer my deepest condolences to the our distinguished colleague, the gen- waiting for advice and counsel and I family members. We can only say that tleman from Colorado (Mr. SCHAFFER), saw the courage and the conviction in while no medal or plaque or ceremony designates the post office in Fort Col- their eyes. can truly convey our sadness for those lins, Colorado, as the Barney Apodaca The SPEAKER pro tempore (Mr. who lost their lives, it is important Post Office Building. CULBERSON). The Chair would inform that we in Congress show the rest of Barney Apodaca, age 60, is a Colorado the gentlewoman from the District of this country and the world how we native. Although he was born develop- Columbia that she has 30 seconds re- value their bravery. mentally disabled, he has been an in- maining. Mr. Speaker, I urge adoption of this spiration to the people of Fort Collins, Mrs. MORELLA. Mr. Speaker, I yield measure. Colorado, through his charity work and 30 seconds to the gentleman from Mr. Speaker, I yield back the balance his service to the community. Maryland (Mr. HOYER). of my time. In the early 1970s, Barney began par- Mr. HOYER. Mr. Speaker, I thank The SPEAKER pro tempore. The ticipating in the Special Olympics, al- the gentlewoman from Maryland (Mrs. question is on the motion offered by ways seeking opportunities to help oth- MORELLA) for yielding me this time. the gentlewoman from Maryland (Mrs. ers and striving for excellence. He has I saw the courage and conviction in MORELLA) that the House suspend the continually encouraged fellow partici- their eyes. It reflected the courage and rules and pass the bill, H.R. 3287. pants and has been awarded over 30 conviction of Joe and Thomas. It re- The question was taken. medals for his outstanding perform- flected the courage and conviction of The SPEAKER pro tempore. In the ance in track and field. their fellow Americans, their fellow opinion of the Chair, two-thirds of Above all, Barney is committed to citizens. They were not prepared, nor those present have voted in the affirm- serving others. Despite his own disabil- are they now prepared, to let those who ative. ities, he has spent countless hours rais- would terrorize our institutions or our Mrs. MORELLA. Mr. Speaker, on ing money to benefit the American people flinch, retreat, or cower. It is that I demand the yeas and nays. Cancer Society, the Muscular Dys- appropriate that we honor these two The yeas and nays were ordered. trophy Association, AIDSwalk Colo- men for their courage, for their com- The SPEAKER pro tempore. Pursu- rado, Northern Colorado Youth Hock- mitment, and for their contribution to ant to clause 8 of rule XX and the ey, and Poudre Valley Hospital. making America the greatest land on Chair’s prior announcement, further A talented bowler, Barney has also the face of the Earth. God blesses proceedings on this motion will be raised money for individuals in his America. God blessed America through postponed. community with special needs by par- the lives of Thomas and Joseph. f ticipating in numerous bowl-a-thons Ms. NORTON. Mr. Speaker, could I b 1545 and other fundraising events. ask the gentlewoman from Maryland if In addition to his work on behalf of she would yield me 1 minute to sum BARNEY APODACA POST OFFICE charities, Barney has obtained and up? Mrs. MORELLA. Mr. Speaker, I move maintains two, sometimes three, part- Mrs. MORELLA. Mr. Speaker, I am to suspend the rules and pass the bill time jobs and works diligently for the happy to yield 1 minute to the gentle- (H.R. 5308) to designate the facility of city of Fort Collins, which has pre- woman from the District of Columbia the United States Postal Service lo- sented him with two awards recog- (Ms. NORTON). cated at 301 South Howes Street in nizing his outstanding service to the Ms. NORTON. Mr. Speaker, there is a Fort Collins, Colorado, as the ‘‘Barney community. slogan I cannot remember entirely that Apodaca Post Office.’’ Barney Apodaca is an exceptional is associated with the Post Office, The Clerk read as follows: citizen who has dedicated his life to ‘‘through rain or snow or sleet,’’ to de- H.R. 5308 helping improving the quality of life scribe just how constant is that serv- Be it enacted by the Senate and House of Rep- for his community and by reaching out ice. Well, that describes how these men resentatives of the United States of America in to those in need. were remembered as unfailing men of Congress assembled, Mr. Speaker, I reserve the balance of the Postal Service. The renaming that SECTION 1. BARNEY APODACA POST OFFICE. my time. we bring forward today is freighted (a) DESIGNATION.—The facility of the Mr. DAVIS of Illinois. Mr. Speaker, I with meaning, most obviously because United States Postal Service located at 301 yield myself such time as I may con- it is so richly deserved, but the timing South Howes Street in Fort Collins, Colo- sume. of this bill imports far deeper meaning. rado, shall be known and designated as the Mr. Speaker, I am pleased to join ‘‘Barney Apodaca Post Office’’. with the gentlewoman from Maryland Hundreds of workers are preparing (b) REFERENCES.—Any reference in a law, themselves psychologically to reenter map, regulation, document, paper, or other in consideration of H.R. 5308, intro- that facility where two of their friends record of the United States to the facility reduced by the gentleman from Colorado and colleagues died. May they find the ferred to in subsection (a) shall be deemed to (Mr. SCHAFFER) on July 26, 2002. reentry easier as they come no longer be a reference to the Barney Apodaca Post Mr. Barney Apodaca is a native of to the Brentwood Postal Facility, but Office. Colorado who is committed to serving to the Joseph Curseen, Jr. and Thomas The SPEAKER pro tempore (Mr. his community. As a disabled indi- Morris, Jr. Processing and Distribution CULBERSON). Pursuant to the rule, the vidual, Mr. Apodaca has been partici- Center. gentlewoman from Maryland (Mrs. pating in the Special Olympics for Mr. Speaker, I yield back the balance MORELLA) and the gentleman from Illi- more than 30 years. In addition to help- of my time. nois (Mr. DAVIS) each will control 20 ing raise awareness for the Special Mrs. MORELLA. Mr. Speaker, before minutes. Olympics, he has won more than 30 I yield back the balance of my time, I The Chair recognizes the gentle- medals for his outstanding perform- yield myself such time as I may con- woman from Maryland (Mrs. MORELLA). ance in track and field.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.068 H04PT1 H6016 CONGRESSIONAL RECORD — HOUSE September 4, 2002 As an active member of his commu- BARNEY APODACA AWARDS AND ACHIEVEMENTS SECTION 1. THOMAS E. BURNETT, JR. POST OF- FICE BUILDING. nity, Mr. Apodaca has been a relentless ACHIEVEMENTS (a) DESIGNATION.—The facility of the Attained over 30 medals for his participa- fundraiser for charitable causes. He has United States Postal Service located at 6101 tion in Special Olympics track and field raised money to benefit the Muscular West Old Shakopee Road in Bloomington, events. Dystrophy Association, AIDS, the Minnesota, shall be known and designated as Voted the ‘‘Best Local Personality’’ for American Cancer Society, and many the ‘‘Thomas E. Burnett, Jr. Post Office several years in a row in the Fort Collins Building’’. other deserving causes. He has also Coloradoan (b) REFERENCES.—Any reference in a law, worked to assist youth sporting organi- Several plaques of recognition for the Al- map, regulation, document, paper, or other zations and community hospitals. His ternative Program’s Charitable Bowling Ini- record of the United States to the facility re- charitable works have earned him rec- tiatives. ferred to in subsection (a) shall be deemed to ognition for outstanding service to the FUNDRAISING be a reference to the Thomas E. Burnett, Jr. community from the city of Fort Col- First place in candy sales for the Northern Post Office Building. lins. Colorado Youth Hockey group for several The SPEAKER pro tempore. Pursu- years in a row in the early 1990’s. Mr. Speaker, I urge swift passage of Top Fundraiser for the Poudre Valley Hos- ant to the rule, the gentlewoman from this bill and commend my colleague for pital Foundation’s ‘‘The Bowling Ball,’’ 1997 Maryland (Mrs. MORELLA) and the gen- seeking to honor citizen Barney Award for obtaining $1,000 in AIDS Walk tleman from Illinois (Mr. DAVIS) each Apodaca in this manner, an individual pledges and for ‘‘Best Volunteer’’ at AIDS will control 20 minutes. who has given consistently, even Walk Colorado. The Chair recognizes the gentle- though he may have been physically Special Recognition from Jerry Lewis for woman from Maryland (Mrs. MORELLA). challenged. But he represents what Barney’s work for the Muscular Dystrophy Association (MDA), 1995. GENERAL LEAVE many individuals who have disabilities Certificate of Appreciation for the MDA’s Mrs. MORELLA. Mr. Speaker, I ask represent, and that is, the ability to do Storage Tek ‘‘Bowl-A-Thon,’’ 1997. unanimous consent that all Members things not always because of but often- Top fundraiser for the MDA’s Bowl-A- may have 5 legislative days within times in spite of. I can think of no bet- Thon, 1998. which to revise and extend their re- ter way of acknowledging his contribu- Certificate of Appreciation for the MDA’s marks on H.R. 5207. tion than passage of this legislation. ‘‘Be a Star’’ program, 1999. Participates in annual ‘‘Relay for Life’’ The SPEAKER pro tempore. Is there Mr. SCHAFFER. Mr. Speaker, as author of walk for the American Cancer Society. objection to the request of the gentle- this bill, I rise today to urge my colleagues to Participated in the Multiple Sclerosis’s woman from Maryland? support H.R. 5308, a bill designating the facil- ‘‘MS Walk.’’ There was no objection. ity of the United States Postal Service located Raised pledges for the Junior Achievement Mrs. MORELLA. Mr. Speaker, I yield ‘‘Bowl-A-Thon’’. at 301 South Howes Street in Fort Collins, myself such time as I may consume. Colorado, as the ‘‘Barney Apodaca Post Of- EMPLOYMENT Mr. Speaker, H.R. 5207, introduced by fice.’’ Employee Achievement Award from the our distinguished colleague, the gen- Aggie Theatre, 1993. tleman from Minnesota (Mr. RAMSTAD), Barney Apodaca is a native Coloradoan Employee Achievement Award for 5 years designates the postal facility located of outstanding service with the City of Fort who embodies the determination, persever- at 6101 West Old Shakopee Road in ance and courage that makes our nation Collins, 1994. Employee Certificate of Appreciation from Bloomington, Minnesota, as the Thom- great. Born with mental retardation, Barney as E. Burnett, Jr. Post Office Building. would not allow his disability to prevent him the Northside Atzlan Community Center for dedication and work performance, 1996. Tom Burnett grew up in the Min- from achieving success. In 1974, he began Employee Achievement Award for an addi- nesota-St. Paul suburb of Bloomington participating in the Special Olympics. Since tional 5 years of outstanding service with in the district of the gentleman from then, he has won over 30 medals for his out- the City of Fort Collins, 1999 Minnesota (Mr. RAMSTAD). He woke up Obtained and continually maintains 2 to 3 standing performance in a variety of track and on the morning of September 11, 2001, field events. part-time jobs at a time. Mr. Speaker, I have no further re- and headed to Newark International In recent years, Barney has selflessly raised quests for time, and I yield back the for a morning flight. Tom was return- money for a host of charitable causes includ- balance of my time. ing home to San Ramon, California, ing Northern Colorado Youth Hockey, the Mrs. MORELLA. Mr. Speaker, I urge following a business meeting in New Poudre Valley Hospital, AIDS Walk Colorado, adoption of this measure, and I yield Jersey. He boarded United Flight 93 the Muscular Dystrophy Association and the back the balance of my time. bound for San Francisco, settled into American Cancer Society. As an avid bowler, The SPEAKER pro tempore. The seat 4C, and prepared for the nearly he has used his skill in the sport to raise question is on the motion offered by 3,000-mile flight. money for many of these organizations, as the gentlewoman from Maryland (Mrs. Almost 1 hour into Flight 93’s jour- well as for individuals with special needs. Al- MORELLA) that the House suspend the ney, the plane turned around. Shortly though Barney has no direct ties to any of rules and pass the bill, H.R. 5308. thereafter, Tom called his wife Deena these organizations, he spends countless The question was taken; and (two- and told her that his plane had been hours engaging in charity work because he thirds having voted in favor thereof) taken over by four men. Tom told his wants to serve those in need. When asked the rules were suspended and the bill wife that he and two other passengers which group he favors, Barney’s response is was passed. were determined to do something to ‘‘all of them.’’ A motion to reconsider was laid on take Flight 93 back. Beloved by his community, Barney has the table. Tom’s wife replied that planes had already crashed into the World Trade been named the ‘‘Best Local Personality’’ by f the Fort Collins Coloradoan. He has also been Center towers and the Pentagon that THOMAS E. BURNETT, JR. POST presented with two achievement awards for morning. Tom Burnett and a few other OFFICE BUILDING his outstanding service to the City of Ft. Col- passengers of Flight 93 overpowered the lins. Mrs. MORELLA. Mr. Speaker, I move terrorists and crashed the plane into a to suspend the rules and pass the bill field near Shanksville, Pennsylvania. Barney Apodaca is an inspiration to the (H.R. 5207) to designate the facility of The hijacked plane, apparently headed people of Colorado. He leads by example, en- the United States Postal Service lo- for Washington, may have been on its couraging people to serve others and strive for cated at 6101 West Old Shakopee Road way to crashing into this very build- excellence. His contribution to the City of Ft. in Bloomington, Minnesota, as the ing, this very building. Collins is immeasurable, and it gives me great ‘‘Thomas E. Burnett, Jr. Post Office Mr. Speaker, I appreciate our es- pleasure to recognize his achievements by Building.’’ teemed colleague, the gentleman from designating a United States Post Office in his The Clerk read as follows: Minnesota (Mr. RAMSTAD), for intro- honor. H.R. 5207 ducing this measure that honors Thom- I hereby submit for the RECORD this partial Be it enacted by the Senate and House of Rep- as E. Burnett, Jr. Tom Burnett was a list of Mr. Barney Apodaca’s awards and resentatives of the United States of America in man who personified the American vir- achievements: Congress assembled, tues of humility and bravery. I urge all

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.033 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6017 Members of this House to support the lation before us, H.R. 5207, would re- The people of Bloomington, Min- adoption of H.R. 5207. name the West Bloomington, Min- nesota, Tom Burnett’s hometown, have Mr. Speaker, I reserve the balance of nesota, post office in my district in honored Tom’s memory in several last- my time. honor of Bloomington native Thomas ing ways. On the Friday after the Sep- Mr. DAVIS of Illinois. Mr. Speaker, I E. Burnett, Jr., a true American hero. tember 11 attacks, the Bloomington yield myself such time as I may con- I want to express my appreciation Jefferson High School football team sume. also to the chairman and my friend, wore Tom’s number 10 on their hel- Mr. Speaker, H.R. 5207, to designate the gentleman from Indiana, and my mets. On this coming Thursday at the facility of the United States Postal friend, the ranking member, the gen- Bloomington Stadium when Jefferson Service located at 6101 West Old tleman from California, as well as the plays crosstown rival Bloomington Shakopee Road in Bloomington, Min- majority leader, my friend, the gen- Kennedy, Tom’s jersey number will be nesota, as the Thomas E. Burnett, Jr. tleman from Texas (Mr. ARMEY), for al- retired. A memorial scholarship fund Post Office Building, was introduced by lowing this bill to come to the floor so has been established in Tom Burnett’s the gentleman from Minnesota (Mr. expeditiously so that we can pass it by honor, and a collection of Tom’s favor- RAMSTAD) on July 24, 2002. September 11. ite books was placed in his former high As an American hero, Thomas E. Mr. Speaker, I introduced this legis- school’s media center. A white oak tree Burnett, Jr. was a passenger on board lation at the request of Bloomington was planted in Tom Burnett’s honor in the hijacked United Airlines Flight 93 Mayor Gene Winstead and the Bloom- front of his home church, St. Edward’s that crashed outside of Pittsburgh on ington City Council, which unani- Catholic Church in Bloomington, where September 11, 2001. Tom was confirmed and where his fu- Thomas Burnett was among a group mously passed a resolution of support. Most of us know the story of Tom neral was held. of passengers who decided to take ac- A large fieldstone was placed in front tion against the terrorists who had hi- Burnett, Jr., who was on board United Flight 93 when it was hijacked by the of the tree with the words from the jacked Flight 93 with plans to crash Book of John, Chapter 15, verse 13, the plane in Washington, D.C. terrorists on September 11. Tom, as the gentleman from Illinois (Mr. DAVIS) ex- ‘‘There is no greater love than to lay Who was Mr. Burnett? He was 38 and down one’s life for one’s friend.’’ Mr. a resident of San Ramon, California, plained, was able to reach his wife, Deena, on his cell phone and told her, Speaker, that says it all about Tom the senior vice president and chief op- Burnett, Jr. erating officer of Thoratec Corpora- ‘‘We’ve got to do something. I know we are all going to die. There are three of Tom’s ultimate sacrifice will never tion, a medical research and develop- be forgotten by his family, his commu- us who are going to do something ment company; husband to Mrs. Deena nity and his grateful Nation. Tom Bur- about it.’’ Burnett; father of three young girls: nett, Sr., fondly remembers a conversa- Led by Tom Burnett, Jr., the pas- Madison, Halley, and Anna-Clair; the tion with his son on the 50th anniver- sengers aboard United Flight 93 showed son of Thomas and Beverly Burnett, sary of the D-day invasion in France tremendous courage in taking on the Sr.; and brother to Martha O’Brien and when Tom, Jr., prophetically wondered evil terrorists who intended to kill as Mary Margaret Burnett. out loud whether he, Tom Burnett, Jr., many Americans as possible. As we all He was also a man of character who would have had the same level of cour- know, that plane crashed in Pennsyl- was able to contact his wife during the age those soldiers had during the inva- vania, instead of hitting the terrorists’ terrible journey of Flight 93 and let her sion of Normandy Beach. On September intended target of this building, the know that, and I quote, ‘‘A group of us 11, Tom, Jr., was tested and he cer- United States Capitol, according to are going to do something,’’ and some- tainly showed that level of courage, thing they did. That something was to FBI Director Mueller. courage that inspires all of us today, make sure the hijackers did not hit a b 1600 courage of an American hero. populated area. We all owe a deep debt of gratitude to Our Nation owes a deep debt of grati- Mr. Speaker, Mr. Burnett and others Tom Burnett, Jr., and the other brave tude for Tom Burnett’s bravery on Sep- made a very heroic stand on September Americans on Flight 93. Tom Burnett tember 11. Naming a post office in Tom 11, 2001. Together they took control of was not even originally scheduled to be Burnett’s hometown in Bloomington, the plane and saved many, many lives. on that fateful flight, I might add. And Minnesota is one meaningful and last- They demonstrated leadership and I will never forget the words at Tom’s ing way Congress and the President courage, and deserve to be recognized. funeral mass of long-time Burnett fam- can honor his heroism and his memory. Accordingly, I urge the swift passage I urge my colleagues to join me in sup- of this bill and commend my colleague, ily friend, Father Joe Slepicka, who said, ‘‘Ancient history tells us God porting this important legislation to the gentleman from Minnesota (Mr. rename the West Bloomington Post Of- seems to call the right people in the RAMSTAD), for seeking to honor Mr. fice the Thomas E. Burnett, Jr. Post right time and place to do the right THOMAS E. Burnett, Jr., in this man- Office. ner. He exemplified the thought and things for the good of others.’’ Mr. DREIER. Mr. Speaker, will the Mr. Speaker, God called Tom Bur- the action that ‘‘If it is to be, let it gentleman yield? begin with me.’’ nett, Jr., and Tom did the right thing Mr. RAMSTAD. I yield to the gen- Mr. Speaker, I have no further re- for the good of others. tleman from California. quests for time, and I yield back the Tom Burnett grew up in Bloom- Mr. DREIER. Mr. Speaker, I would balance of my time. ington, Minnesota, the son of Thomas like to extend congratulations to the Mrs. MORELLA. Mr. Speaker, I am and Beverly Burnett, Sr. He was the gentleman from Minnesota (Mr. pleased to yield such time as he may quarterback of the Thomas Jefferson RAMSTAD) for this very important reso- consume to the gentleman from Min- High School football team and led his lution. nesota (Mr. RAMSTAD), the introducer team to the State championship game He mentioned the fact that Flight 93 of this legislation. in 1980. Tom married Deena in 1992 and was destined to come to this building. Mr. RAMSTAD. Mr. Speaker, I thank they have three beautiful children, And as we rapidly approach the anni- my friend, the gentlewoman from Madison, Halley and Anna-Clair. Tom versary of September 11, we know that Maryland (Mrs. MORELLA), for yielding was also a highly successful business this Capitol dome is a symbol, not only time to me, for her assistance with this executive and had many other credits here in the United States, but to the legislation, and also for her kind trib- to his name. entire world, of freedom. So the sac- ute to Tom Burnett, Jr. Mr. Speaker, Tom Burnett, Jr., will rifice that Tom Burnett and the others I also thank my friend, the gen- always be remembered both as a great on Flight 93 made is something that is tleman from Illinois, (Mr. DAVIS), for and a good man who loved his family very, very worth recognizing, and I his tribute to Tom Burnett, Jr., and for and loved America. As Tom, Sr., said, think that naming this post office is a his assistance with this legislation as ‘‘There weren’t many shades of gray in very appropriate effort that the gen- well. Tommy. He was loyal to his country tleman has put into place here. And I Mr. Speaker, I rise today to pay trib- and loyal to his family and he knew would simply like to congratulate my ute to a true American hero. The legis- right from wrong.’’ friend for what he has done here.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.035 H04PT1 H6018 CONGRESSIONAL RECORD — HOUSE September 4, 2002 Mr. RAMSTAD. Mr. Speaker, I thank There may never be answers for all the shall rise and report the bill to the the distinguished gentleman from Cali- questions that surround the events of Sep- House with such amendments as may fornia, my friend, the chairman of the tember 11, 2001, or closure for all of those have been adopted. Any Member may Committee on Rules, for his very, very around the world who suffered the loss of demand a separate vote in the House kind and thoughtful remarks. loved ones in this tragedy. on any amendment adopted in the Mrs. MORELLA. Mr. Speaker, I also But it is in our power to make sure that we Committee of the Whole to the bill or would like to thank the gentleman appropriately honor Thomas E. Burnett, Jr., to the committee amendment in the from Minnesota (Mr. RAMSTAD) for his and our other fellow Americans who suddenly nature of a substitute. The previous moving tribute and for introducing this became heroes on September 11. Let us question shall be considered as ordered legislation. We do believe it is quite ap- thank and remember him by passing this leg- on the bill and amendments thereto to propriate, in a very small way, as a islation. final passage without intervening mo- matter of fact, to dedicate and name Mrs. MORELLA. Mr. Speaker, I yield tion except one motion to recommit this post office for Tom Burnett who is back the balance of my time. with or without instruction. a hero to all of us. So I ask adoption of The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Is there this measure by this House. CULBERSON). The question is on the mo- objection to the request of the gen- Mrs. TAUSCHER. Mr. Speaker, I rise in tion offered by the gentlewoman from tleman from California? strong support of H.R. 5207, a bill to des- Maryland (Mrs. MORELLA) that the There was no objection. ignate a post office in Bloomington, Min- House suspend the rules and pass the f nesota, as the Thomas E. Burnett, Jr., Post bill, H.R. 5207. HONORING THE CONTRIBUTIONS Office Building. This legislation reflects the The question was taken; and (two- OF VENUS AND SERENA WILLIAMS spirit of the American people in the aftermath thirds having voted in favor thereof) of last year’s terrorist attacks, to honor a man the rules were suspended and the bill Mrs. MORELLA. Mr. Speaker, I move that we know to be a hero, who used the last was passed. to suspend the rules and agree to the few precious minutes of his own life to save A motion to reconsider was laid on resolution (H. Res. 94) honoring the the lives of so many others. I am fortunate to the table. contributions of Venus and Serena Wil- have been able to serve Tom Burnett as his liams. f U.S. Representative. The Clerk read as follows: The American people will forever remember MAKING IN ORDER AT ANY TIME H. RES. 94 Thomas Burnett as a hero. But to his wife, CONSIDERATION OF H.R. 4727, Whereas, although Venus and Serena Wil- parents, three daughters and loved ones, he DAM SAFETY AND SECURITY liams are only 20 and 19 years old and only in was a man of courage and strength long be- ACT OF 2002 their sixth and third full years as professional tennis players respectively, they have fore September 11, 2001. Mr. DREIER. Mr. Speaker, I ask over 43 professional titles between them; Tom Burnett grew up in Bloomington, Min- unanimous consent that it be in order Whereas Venus and Serena Williams have nesota, as a child who loved sports and the at any time for the Speaker as though broken racial and socioeconomic barriers outdoors. From fishing with his dad, to becom- pursuant to clause 2(b) of rule XVIII to with pride and poise by showing the world ing the star quarterback in high school, Tom declare the House resolved into the that tennis is a sport for all people; was the image of an athlete and the all-Amer- Whereas Venus Williams is the first Afri- Committee of the Whole House on the can-American woman to win the Wimbledon ican guy. After studying at the Air Force Acad- State of the Union for consideration of emy and later graduating from Pepperdine Championships since 1958, is the first United the bill (H.R. 4727) to reauthorize the States woman since 1924 to win an Olympic University, he went on to become a senior ex- national dam safety program, and for gold medal in both singles and doubles, holds ecutive of a company that makes medical de- other purposes, and the consideration the women’s world record for the fastest vices. of the bill proceed according to the fol- serve at 127 miles per hour, and is one of only Then, on September 11, the all-American lowing order: seven women to win the singles titles in both guy became the all-American hero. Thomas the Wimbledon Championships and the U.S. The first reading of the bill shall be dis- Burnett and others aboard made the decision Open in the same year; pensed with; Whereas Serena Williams is only the sec- to take down the plane somewhere above points of orders against consideration of Stonycreek Township, Pennsylvania, after ond African-American woman ever to win a the bill for failure to comply with clause 4(a) Grand Slam singles title, is only the sixth learning of the fates of the three hijacked air- of rule XIII are waived; American woman to win the U.S. Open sin- craft. general debate shall be confined to the bill gles title since 1968, is only the fifth woman That morning, Tom Burnett called his wife and shall not exceed 1 hour, equally divided to win both singles and doubles Grand Slam Deena repeatedly, pumping her for informa- and controlled by the chairman and ranking titles in the same year, and is the first tion. Later, it was no surprise to her that Tom minority member of the Committee on woman to reach the finals in a U.S. Open led the effort to bring the plane down before Transportation and Infrastructure. debut since 1978; it could take more lives. After general debate the bill shall be Whereas Venus and Serena Williams are But the result was that thanks to the bravery considered for amendment under the 5- the first sisters in professional tennis his- of people like Tom Burnett, countless innocent minute rule. tory to each win a Grand Slam singles title, the first to be ranked in the top ten simulta- lives were saved, including our own, and our It shall be in order to consider as an original bill for the purpose of amend- neously since 1991, the first to win a Grand nation’s Capitol was spared. Slam doubles title together, the first to com- Many believe terrorists were going to use ment under the 5-minute rule the pete against one another in a Women’s Ten- the fourth plane, Flight 93, as a weapon to amendment in the nature of a sub- nis Association Tour final, and the first to crash into another site in Washington, DC. stitute recommended by the Com- win an Olympic gold medal in doubles to- Whether it was the United States Capitol mittee on Transportation and Infra- gether; Building or the White House, we will never structure now printed in the bill. Each Whereas Venus and Serena Williams have know. section of the committee amendment inspired and encouraged people of all back- This was the ultimate act of bravery and in the nature of a substitute shall be grounds and ages, especially those in their considered as read. hometown of Compton, California, dem- sacrifice from the passengers and crew of onstrating through the spirit of sport that United Flight 93, and those who enter our na- During consideration of the bill for education, a good work ethic, teamwork, for- tion’s Capitol each day should cherish their amendment, the Chairman of the Com- titude, and determination are ingredients for valiance. mittee of the Whole may accord pri- success; As the day approaches that will mark the ority in recognition on the basis of Whereas Venus and Serena Williams are first anniversary of the terrorist attacks, we whether the Member offering an African-American role models, coached to should all step back for a moment to remem- amendment has caused it to be printed excellence by their father, and encouraged ber why it may be that our nation’s Capitol still in the portion of the CONGRESSIONAL by both parents to be leaders, to demonstrate high moral and ethical standards, RECORD designated for that purpose in stands today, or why the White House re- to value education, and to never stray from mains untouched. clause 8 of rule XVIII. Amendments so these family values; and It was because of the courage of Tom Bur- printed shall be considered as read. Whereas Venus and Serena Williams have nett and others, truly among the great heroes At the conclusion of consideration of been beacons of light to their community, of our nation. the bill for amendment the committee passing out tennis rackets and conducting

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.039 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6019 tennis clinics for low income children, rais- Williams joined our national leaders in ington Post, columnist Courtland ing funds for community development, and support of the Department of Milloy noted the impact the sisters joining our Nation’s leaders in support of the Transportations’s seatbelt campaign, have had on the Means sisters, four sis- Department of Transportation’s seat belt Buckle Up America. ters aged 8 through 12, who live here in campaign ‘‘Buckle Up America!’’: Now, therefore, be it Mr. Speaker, it is appropriate that Washington, D.C. The Means sisters Resolved, That the House of Representa- the House recognize the dedicated work play tennis and do after-school work at tives— and outstanding accomplishments of the Southeast Tennis and Learning (1) honors and recognizes the achievements Venus and Serena Williams today. I Center in the District of Columbia. and strides made by Venus and Serena Wil- ask that all Members support this reso- When asked about what impact Serena liams by giving back to their community, lution. and Venus Williams have had on their promoting excellence, breaking barriers with Mr. Speaker, I reserve the balance of lives, the Means sisters were quoted as pride and poise, showing that tennis is a my time. saying, ‘‘They show us we can compete sport for all people; and Mr. DAVIS of Illinois. Mr. Speaker, I (2) urges all Americans to recognize the against one another and still be contributions to American society made by yield myself such time as I may con- friends. They let us see ourselves as Venus and Serena Williams through their sume. champions. We might even end up achievements and community involvement. Mr. Speaker, on Saturday, July 6, being number one, two, three and The SPEAKER pro tempore. Pursu- 2002, Serena and Venus Williams cap- four.’’ ant to the rule, the gentlewoman from tured first and second places in the la- House Resolution 94 congratulates Maryland (Mrs. MORELLA) and the gen- dies’ singles championship at the Williams sisters for all of their tleman from Illinois (Mr. DAVIS) each Wimbledon. The very next day the sis- dedication and extraordinary accom- will control 20 minutes. ters went on to win first place in the plishments, and I join with my col- The Chair recognizes the gentle- ladies’ doubles championship for the league, the gentlewoman from Cali- woman from Maryland (Mrs. MORELLA). second time in three years. Today fornia (Ms. MILLENDER-MCDONALD), in GENERAL LEAVE Venus and Serena are making their not only supporting this resolution, Mrs. MORELLA. Mr. Speaker, I ask way to the U.S. Open quarters in but in commending the Williams sis- unanimous consent that all Members Flushing Meadows on Arthur Ashe Sta- ters, who did not choose to be sisters, may have 5 legislative days within dium Court and possibly another vic- but have in fact chosen to be friends which to revise and extend their re- tory. and champions. marks on H. Res. 94. Venus and Serena Williams are the Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Is there youngest of five sisters. Venus broke my time. into the professional women’s tennis objection to the request of the gentle- b 1615 woman from Maryland? circuit at the age of just 14. Coached by There was no objection. their father Richard, the sisters Mrs. MORELLA. Mr. Speaker, I have Mrs. MORELLA. Mr. Speaker, I yield learned to play tennis on the courts of no requests to speak, and I reserve the myself such time as I may consume. Compton, California. Both girls entered balance of my time. Mr. Speaker, this resolution ex- the world of professional tennis at the Mr. DAVIS of Illinois. Mr. Speaker, presses the sense of the House of Rep- age of 14. At just 18, Serena won her it is my pleasure to yield 41⁄2 minutes resentatives in recognizing the con- first grand slam title. Venus won her to the gentlewoman from California tributions, heroic achievements and first grand slam the following year at (Ms. MILLENDER-MCDONALD), the origi- dedicated work of Venus and Serena just 20 years of age. Since winning nator of this resolution. Williams. their first grand slam titles both sis- Ms. MILLENDER-MCDONALD. Mr. Venus and Serena Williams are only ters have broken innumerable records. Speaker, I would like to thank my dear 22 and 20 years of age, respectively, yet Between Serena and Venus, they have friend the gentlewoman from Maryland they have broken racial and socio-eco- won 16 singles titles in the last year (Mrs. MORELLA) and my dear friend the nomic barriers with pride and poise by and 7 of the last 12 grand slam events. gentleman from Illinois (Mr. DAVIS) for showing the world that tennis is a Serena Williams is only the second helping to usher this to the floor, along sport for all people. African American woman to ever win a with my thanks to the gentleman from Mr. Speaker, Venus and Serena Wil- grand slam, while Venus is the first Af- Ohio (Mr. PORTMAN), who helped to en- liams have inspired and encouraged rican American woman to win at sure this piece of legislation came to people of all backgrounds and ages, es- Wimbledon since 1958. the floor. pecially those in their hometown of In 1999, for the first time in over 115 Mr. Speaker, I am honored to rise Compton, California. Venus and Serena years, sisters met in the finals at today to respect the two outstanding Williams demonstrate that the spirit of Wimbledon. In September of that same young women who have taken the ten- sports, education and a good work year, Serena was named female athlete nis courts by storm. They happen to be ethic, as well as team work, fortitude of the month by the United States my former constituents from the City and determination, are essential ingre- Olympic Committee. Venus is the first of Compton. dients for success. United States woman since 1924 to win I first introduced this bill in March Venus and Serena Williams are Afri- Olympic gold in both the singles and of 2001 expressing the sense of Congress can American role models. Their father doubles tournaments. These are only a in its admiration of the achievements coached them to excellence. They were few of the sisters’ many accomplish- of these two remarkable sisters, Venus encouraged by both parents to be lead- ments in their lives. Serena and Venus and Serena Williams, tennis champions ers, to demonstrate high moral and Williams strive to make a difference and first class human beings. I am ethical standards, to value education, both on and off the court. The sisters pleased that hundreds of my esteemed and to never stray from those family support and participate in events spon- colleagues have agreed to cosponsor values. Venus and Serena Williams sored by Oracene Williams Learning this measure with me. have accomplished many firsts in ten- Foundation, an organization that seeks Since this measure was introduced, nis. Their firsts include being the first to help children with learning disabil- another year has only brought added sisters in professional tennis history to ities. luster to Venus’ and Serena’s profes- each win a grand slam singles title and Additionally, in 1995, Venus, Serena sional triumphs. They are the first sis- being the first sisters to compete and Richard Williams conducted a clin- ters in the history of the Women’s Ten- against one another in a Women’s Ten- ic with the California Tennis Associa- nis Association tour to attain number nis Association tour final. tion for underprivileged youth. This one and two ranking, and of course, Venus and Serena Williams have been clinic has since developed into a full they are the first Americans to achieve beacons of light to their community, year tutoring tennis academy for the this exalted status. This alone should passing out tennis rackets and con- underprivileged youth in California. encourage us to acknowledge their ducting tennis clinics for low-income Venus and Serena Williams have be- prowess and courage on the courts children and raising funds for commu- come role models for many African which follows the illustrious and his- nity development. Venus and Serena American children. In Monday’s Wash- toric achievements of the African

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.018 H04PT1 H6020 CONGRESSIONAL RECORD — HOUSE September 4, 2002 American tennis champion Althea Gib- lege students and student service orga- I look forward to this kind of honor son in the 1950s. nizations make on campuses and in for women athletes who have been able As of July 9, Serena Williams moved communities. to really persevere and come forward in to number one in the WTA tour rank- Mr. Speaker, Serena and Venus were the sports world. ing after winning the French Open and also instrumental in assisting the These two women are wonderful the women’s Wimbledon title and is the founding of the Southeast Tennis and women because they are tremendously 11th woman to hold this title since the Learning Center in Washington, D.C., talented and they make role models for ranking system began in 1975. and helped to open this extensive facil- other women, not only African Amer- Venus Williams has moved to number ity in April of last year. ican women but women of all races, two after having held three stints at Mr. Speaker, on and off the courts colors, creeds, and they have come to number one for a total of 11 weeks Venus and Serena Williams are indeed this achievement and they have come since February. giving back, and we should take pride to it with grace, and when we see them On July 7, at Wimbledon, the sisters and pleasure in their accomplishments on television and see them being inter- united to win their second doubles title and salute them for their fine sports- viewed, we can see the grace, politeness victory in 3 years. manlike or sportswomanlike conduct and intelligence and confidence and However, in saluting these remark- and citizenship. good humor, and we can see the beau- able young women and their achieve- I cannot say enough about these out- ty. We can see why her name is Venus ments in the sport of tennis we must standing two young women who happen because, in mythology, Venus was a not lose sight of the other contribu- to be black but indeed are outstanding beautiful and strong woman. She was tions of these sisters as citizens. We citizens to this America, and for that, not small of build either. She was well- must also give recognition to their par- Mr. Speaker, I salute them and ask for appropriated, and so is Venus. It is ents, Oracene and Richard Williams, a successful passage. good to see this in tennis here in Amer- Mr. DAVIS of Illinois. Mr. Speaker, who had the foresight to see their ica, and I want to compliment them for it is a pleasure to yield 3 minutes to daughters as winners and the sacrifice another thing. the gentlewoman from Florida (Mrs. to make this attainment possible. By They have made the black family MEEK), a great athlete, former coach, this recognition, too, we celebrate the look better because stereotypically great dancer, great African American, African American family and its dem- people do not believe many times that onstration of solidarity, initiative and great humanitarian and legislator. Mrs. MEEK of Florida. Mr. Speaker, I the black family is strong but it is. resolve. want to thank my colleague, first of Here is a father, a father, as my good In particular, though, Mr. Speaker, all, for his great oratorical skills as colleagues have said, who has shown the unselfish coaching of their father, well as his academic prowess. that there is perseverance, there is te- Richard Williams, of his daughters over Mr. Speaker, I want to thank the nacity, there is this family connection, many years that provided both a gentlewoman from California (Ms. and it can be spent in strengthening healthy sense of self-regard and a sense MILLENDER-MCDONALD) and her col- the American family, and athletics is of confidence must be commended. leagues on the other side of the aisle one way it can be strengthened. Schol- This outstanding father, who knew not who have seen to it, specifically the arship and good skills is another. how to coach, had never coached in his gentlewoman from California (Ms. Mr. Speaker, I could say a lot more, life, took this on. He saw the talents in MILLENDER-MCDONALD), who just per- but that is good. I just want to say his young daughters, and he coached severed and kept pushing this resolu- that these two women have shown them through the streets and through tion when many thought it would America that. It has gotten a message the hard cement courts of Compton to never come to the floor. to America and has done us all proud. bring them to where they are today. I am glad that it is here, Mr. Speak- Mr. DAVIS of Illinois. Mr. Speaker, I From those cement courts of Comp- er, because it speaks very loudly for want to thank the gentlewoman from ton to the grass groomed courts of this Congress to see the advent of these Florida for her history of female ath- Wimbledon, Serena and Venus Wil- two young women who belie many of letics, and it is my pleasure to yield 3 liams have triumphed over an enor- the stereotypical ideas about African minutes to the gentleman from Mary- mous scale, but we should also salute Americans when it comes to sports land (Mr. CUMMINGS). them because they are giving back and such as tennis. They have shown Amer- Mr. CUMMINGS. Mr. Speaker, I sharing their prosperity and talent ica and shown the world that with thank the gentleman for yielding me with children from minority commu- their long muscle prowess and their the time, and I thank the gentlewoman nities in our country, as well as in Af- beauty and their grace and just the re- from California (Ms. MILLENDER- rica’s impoverished neighborhoods, finement which they have shown and MCDONALD) for sponsoring this resolu- which they will soon be traveling to. the femininity is great for America. tion and certainly the gentleman from In Los Angeles, many inner city high That is why I want to thank the gen- Ohio (Mr. PORTMAN). school players are advancing in the tlewoman from California (Ms. Mr. Speaker, we have heard already game of tennis due to the support of MILLENDER-MCDONALD) and commend the great achievements of these two the Venus and Serena Williams Tuto- her for this. Mr. Speaker, Venus and wonderful young ladies, and I cannot rial/Tennis Academy. These students Serena, they are great tennis cham- help but think about the words of who enroll in the tutorial program also pions, but they are even more than Swindall, the great theologian, when are mentored on college and career that, Mr. Speaker, because what they he said that so often people do things possibilities. They see that need as are doing is legendary and has turned which are unnoticed, unseen, well, Mr. Speaker. around the tennis world. unappreciated and unapplauded, and The Williams sisters also support the I am, as my good friend from Illinois the fact is that so often they do these J.P. Morgan Chase Tennis Challenge, mentioned, an old athlete. I remember things quietly, and then there comes a the proceeds of which are directed to when black women had a very difficult time when all of that hard work and all the OWL Foundation, which is named time in tennis. I remember two other of that effort and all the things that after their mother, Oracene Williams Williams sisters, very, very old from they have done behind closed doors and Learning Foundation, which was start- Wilberforce, Ohio. Wilberforce was one behind closed walls suddenly emerges ed by their money to provide grants for of the first universities that really into the spotlight of the sun. at-risk students to participate in edu- pushed tennis for African Americans, We have two wonderful young ladies cational remedial assistance programs. and these two Williams sisters were here who have worked very hard, and it The foundation’s mission is to ensure there. I was in school with Althea Gib- has already been said, worked hard that every child is treated as an indi- son, who rose to great heights in the within a family structure, a father who vidual and provided the opportunity to tennis world and was recently honored stood up for them over and over and learn. by the Republican Party and the over again, who saw in them so much. Another initiative supported by the Speaker down at one of the women’s He had a vision, Mr. Speaker, but not sisters and Doublemint provides grants groups here. That to me was a great only did he have a vision, he turned the to recognize the contributions that col- thing as well. vision into a mission. So often what

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.043 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6021 happens is that folks have visions but b 1630 lence. Venus and Serena Williams have in- they never do anything with it, but he Their accomplishments similar to spired and encouraged people of all back- saw in these two wonderful ladies those of Tiger Woods in golf prove that grounds and ages, especially those in their something that would be great, and in with hard work, dedication, the right hometown of Compton, California, dem- other words, what he saw and if others, kind of guidance, and nurturing, all onstrating through the spirit of sport that edu- Mr. Speaker, had told him many years Americans can achieve and succeed in cation, a good work ethic, teamwork, fortitude, ago that his daughters would achieve activities and careers that have been and determination are ingredients for success. all these things, some people may have traditionally reserved for those with a Mr. RANGEL. Mr. Speaker, in viewing the considered it the impossible, but Rich- higher economic status. The Williams tremendous achievements of tennis players ard was about the business of doing the sisters exemplify this and have Venus and Serena Williams, once again on impossible and he did. So I come here smashed many contemporary barriers, display for the pleasure of their many fans at to salute these wonderful ladies. providing a beacon of light for all the U.S. Open in my hometown, New York, Finally, Mr. Speaker, one of the Americans; and so many people have one must acknowledge the legacy of past trail- greatest moments of my life came at said this could not be done. I commend blazers, the parental roles of Richard and Howard University’s graduation just Venus and Serena for their past deeds Oracene Williams and the natural ability of this May when Venus Williams was and look forward to what their future tennis’s most recent stars. Tennis pioneers Althea Gibson and Arthur being awarded a special award by the brings, and we will enjoy the seeds that Ashe successfully gained national and inter- president of the university, and she they have sown across America for national status despite legal and customary really literally took all of our breaths years to come. away when she got up and she spoke Mr. Speaker, I am happy to cospon- exclusion of African-Americans from tennis about her sisters who had graduated sor H. Res. 94. during most of the 20th century. In 1951 Al- from my alma mater, by the way, How- Mr. DAVIS of Illinois. Mr. Speaker, I thea Gibson was the first African-American of ard University, and then she said some- yield myself such time as I may con- either gender to play in U.S. Open and also in thing that really struck everybody in sume. I know that the gentleman from 1951 she became the first black American to the audience. She said, ‘‘They say I am Michigan (Mr. CONYERS) was trying to play at Wimbledon. In 1957 Gibson made his- worth millions, but I would give every get in before we closed. He is a great tory by winning the Wimbledon singles and penny I have got if I could walk across tennis player himself and has been doubles championships. Breaking ground in the stage like you are doing today,’’ playing a long time. the game of tennis, she also became the first talking to the graduates, and I think Mr. Speaker, I simply want to com- Black female to be on the cover of Sports Il- that really touched everybody and put mend the gentlewoman from California lustrated. Despite the confines of race, gen- everything into context. One of the (Ms. MILLENDER-MCDONALD) for her der, and class, she transcended the role of things she also said is that ‘‘I have sensitivity in bringing this legislation black female athletics and became a spokes- been busy playing tennis and making before us, and I also want to express person for racial equality and inclusion by money, but I am going to return and my appreciation for the opportunity to challenging racial segregation in American so- make sure I get my degree.’’ work with the gentlewoman from ciety. By challenging and ultimately trans- So it is that kind of spirit. It is a Maryland (Mrs. MORELLA). It is always forming the racial and social climate in sports, spirit that Swindall talks about, unno- indeed a pleasure to work with her, and Gibson created a legacy and opened oppor- ticed, unappreciated, unapplauded and I thank her so much. tunity for future black tennis players. Similar to unseen, and so they are now in the sun- Mr. Speaker, I yield back the balance the achievements of Gibson, Richmond, Vir- light of life, and they have so much to of our time. ginia native Arthur Ashe rose to prominence in give and so many people to inspire, so Mrs. MORELLA. Mr. Speaker, I yield tennis. Noted for his grace, hard-hit topspin, many little girls looking up to them, myself the balance of my time. and outstanding backhand, Ashe won the and by the way, little boys also looking In closing, I also want to thank the 1968 U.S. Open, the Australian Open, and the up to them. We salute them today and gentlewoman from California (Ms. Wimbledon title in 1975. Following in a great tennis legacy, Venus may God bless these great ladies. MILLENDER-MCDONALD), my friend, for and Serena Williams have also made history Mr. DAVIS of Illinois. Mr. Speaker, introducing this resolution. It does say by becoming the first sisters to win Grand it is my pleasure to yield 3 minutes to a lot to the fact that people can make Slam crowns individually and collectively in the the gentlewoman from California (Ms. a difference and inspire others to great 20th century. Watson). heights. So I urge adoption of this measure. Almost fifteen years ago, Richard Williams Ms. WATSON of California. Mr. Mr. RUSH. Mr. Speaker, I am proud to stood on a crumbling tennis court in Compton, Speaker, I rise in support of H. Res. 94, honor the achievements and determination of California and told his daughter Venus that honoring the sisters Venus and Serena. Venus and Serena Williams. These two young she was going to be one of the best tennis Congratulations are indeed in order for women 20 and 19 years old respectively are players in the world. For Williams, a neighbor- these champions. My colleagues have only in their sixth and third full years as pro- hood tennis coach, this was a bold and ideal- already outlined some of the out- fessional tennis players and they have over 43 istic vision because no Black person had ex- standing accomplishments that these professional titles between them. celled in the game since tennis greats Althea two young women from Compton, Cali- Venus Williams is the first African-American Gibson and Arthur Ashe. However, despite the fornia, have achieved, and I too pay my woman to win the Wimbledon Championships odds and the inability to provide expensive respects to the number one and the since 1958 and she is the first United States and private tennis lessons, Williams and his number two ranked Women’s Tennis woman since 1924 to win an Olympic gold wife recognized and nurtured the natural abil- Association players in the world. medal in both singles and doubles. She also ity of Venus and her youngest sister Serena. These young adults have created holds the women’s world record for the fastest Similar to the challenges faced by Gibson and many first-time achievements for serve at 127 miles per hour, and is one of Ashe, the issues of race and class were al- American women in world tennis. only seven women to win the singles titles in ways prevalent in their matches against white Their skill, charisma, dedication, plus both the Wimbledon Championship and the competitors. In meeting those obstacles, their love for the sport herald an exciting U.S. Open in the same year. parents fostered a work ethic that encouraged era in women’s tennis. Serena Williams is only the second African- them to play aggressively and to always strive Venus and Serena have shown not American woman ever to win a Grand Slam to be the best. While catering to their talents, only athletic dominance on the court singles title and is only the sixth American the Williams also valued the education of their but social consciousness and mature woman to win the U.S. Open singles title since daughters and did not allow their schooling to contributions off the court and have 1968. Ms. Williams is only the fifth woman to take a back seat. Unlike some parents who made wise contributions of not only win both singles and doubles Grand Slam ti- sacrificed schooling for competitions, the Wil- their time but their money as well. tles in the same year, and is the first woman liams strongly advocated education and The Williams sisters who grew up in to reach the finals in a U.S. Open debut since viewed it as a top priority. By instilling a vic- Compton, California, have overcome 1978. torious attitude, value in education, and grace- considerable odds to excel in their cho- They are impressive women who overcame ful demeanors, Richard and Oracene Williams sen sport. social and racial barriers to achieve excel- have given sports and the world two talented

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\K04SE7.045 H04PT1 H6022 CONGRESSIONAL RECORD — HOUSE September 4, 2002 athletes and young women who are true role tion honoring the contributions and accom- The Clerk read as follows: models. plishments of tennis stars Venus and Serena H.R. 5203 Considered the most dominant players in re- Williams. Be it enacted by the Senate and House of Rep- cent tennis history, Venus and Serena Wil- To say that Venus and Serena Williams are resentatives of the United States of America in liams have revolutionized and literally trans- trailblazers would be an enormous understate- Congress assembled, formed the sport with forty-three professional ment. The first sisters ever to be ranked num- SECTION 1. SHORT TITLE. titles between them. Venus and Serena have ber one and two in women’s tennis, they have This Act may be cited as the ‘‘Education broken racial and socio-economic barriers with achieved a feat worthy of congressional rec- Savings and School Excellence Permanence pride and poise by illustrating to the world that ognition and international praise. Act of 2002’’. tennis is a sport for all people. The pair made The Williams sisters first came to the SEC. 2. EDUCATION SAVINGS INCENTIVES MADE PERMANENT. history by becoming the first African-Ameri- public’s attention in 1997 shortly after they Section 901 of the Economic Growth and cans to win national and international titles began their road to becoming a tennis power- Tax Relief Reconciliation Act of 2001 is since tennis pioneers Althea Gibson and Ar- house. During that year, the sisters lost nearly amended by adding at the end the following thur Ashe. every game they played and despite the new subsection: Claiming her first Grand Slam victory in media attention and the multi-million dollar en- ‘‘(c) EXCEPTION.—Subsections (a) and (b) 2000 at the age of twenty, Venus Williams be- dorsements, a long-term career in tennis shall not apply to the provisions of, and came the first African-American female cham- looked bleak. However, within five years these amendments made by, title IV.’’. pion at Wimbledon since Gibson in 1957 and two young ladies managed to propel them- SEC. 3. TAX-FREE EXPENDITURES FROM EDU- CATION SAVINGS ACCOUNTS FOR 1958. Elevating her game to the next level, selves to arguably become the best women QUALIFIED ELEMENTARY AND SEC- Venus is the first American woman since 1924 tennis players and most recognized of all time, ONDARY EDUCATION EXPENSES AT to win an Olympic gold medal in both singles winning more than seven Grand Slam titles HOME SCHOOLS. and doubles. She holds the women’s record between the two of them. (a) IN GENERAL.—Clause (i) of section for the fastest serve at 127 miles per hour, Mr. Speaker, in their efforts to establish 530(b)(4)(A) of the Internal Revenue Code of and is one of the seven women to win the sin- 1986 (defining qualified elementary and sec- themselves as great athletes, they also estab- ondary education expenses) is amended by gles title in both the Wimbledon Champions lished themselves as great role models. striking ‘‘or religious’’ and inserting ‘‘reli- and the U.S. Open in 2000 and 2001. Through the Venus and Serena Williams Tuto- gious, or home’’. Creating history in her own right, Serena rial/Tennis Academy each year their founda- (b) EFFECTIVE DATE.—The amendment Williams is currently the number one ranking tion helps more than 40 inner city kids through made by this section shall apply to taxable female tennis player. Following in the foot- the workings of after school programs, sum- years beginning after December 31, 2002. steps of her older sister, Serena is only the mer tennis camps, mentoring, and cultural en- SEC. 4. CLARIFICATION RELATING TO EXCEP- second African-American woman ever to win a TION FROM ADDITIONAL TAX ON richment education. As a result now more than CERTAIN DISTRIBUTIONS FROM Grand Slam singles title. She is also the sixth ever, young African American children are QUALIFIED TUITION PROGRAMS, American woman to win the U.S. Open singles playing sports and participating in programs ETC. ON ACCOUNT OF ATTENDANCE title since 1968 and is the fifth woman to win traditionally played by whites. AT MILITARY ACADEMY. both singles and doubles Grand Slam titles in With Venus and Serena’s performance at (a) IN GENERAL.—Subparagraph (B) of sec- 2002. the U.S. Open this week, I cannot think of a tion 530(d)(4) of the Internal Revenue Code of Among other note-worthy titles, the sisters 1986 (relating to exceptions from additional more fitting time for this resolution to come be- tax for distributions not used for educational are the first in professional tennis history to fore the House of Representatives. They have purposes) is amended by striking ‘‘or’’ at the each win a Grand Slam singles, the first to be shown and continue to show their dedication end of clause (iii), by redesignating clause ranked in the top ten simultaneously since to their career and community. They are (iv) as clause (v), and by inserting after 1991, the first to win a Grand Slam doubles young leaders who have vowed to take the clause (iii) the following new clause: title together, the first to compete against one world by storm, working to defeat everyone in ‘‘(iv) made on account of the attendance of another in Women’s Tennis Association Tour their path so they may reign as tennis cham- the account holder at the United States Mili- Final, and the first to win an Olympic gold pions. tary Academy, the United States Naval medal in doubles together. Recently, rated the Academy, the United States Air Force Acad- Mrs. MORELLA. Mr. Speaker, I yield emy, the United States Coast Guard Acad- numbers one and two women players in pro- back the balance of my time. emy, or the United States Merchant Marine fessional tennis, the Williams sisters have bro- The SPEAKER pro tempore (Mr. Academy, to the extent that the amount of ken ground in rewriting tennis history with their CULBERSON). The question is on the mo- the payment or distribution does not exceed historic wins. tion offered by the gentlewoman from the costs of advanced education (as defined Inspiring and encouraging thousands of California (Ms. MILLENDER-MCDONALD) in section 2005(a)(3) of title 10, United States young players from different racial and socio- that the House suspend the rules and Code, as in effect on the date of the enact- economic backgrounds, Venus and Serena agree to the resolution, H. Res. 94. ment of this clause) attributable to such at- have become role models for young women of The question was taken. tendance, or’’. (b) EFFECTIVE DATE.—The amendment their generation. They have gracefully illus- The SPEAKER pro tempore. In the made by this section shall apply to taxable trated and proven that through hard work, opinion of the Chair, two-thirds of years beginning after December 31, 2002. dedication, teamwork, and determination all those present have voted in the affirm- SEC. 5. PROTECTION OF SOCIAL SECURITY AND dreams can be achieved. Moreover, the sis- ative. MEDICARE. ters have embraced the notion that high moral Mr. DAVIS of Illinois. Mr. Speaker, The amounts transferred to any trust fund and ethical standards and strong family values on that I demand the yeas and nays. under the Social Security Act shall be deter- are the ingredients to success. Putting rhetoric The yeas and nays were ordered. mined as if this Act had not been enacted. with action, the Williams sisters are actively The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- engaged in encouraging young people in mi- ant to clause 8 of rule XX and the ant to the rule, the gentleman from nority communities to become interested in Chair’s prior announcement, further Missouri (Mr. HULSHOF) and the gen- tennis. They are opening doors of opportunity proceedings on this motion will be tleman from Washington (Mr. in tennis for young people of color all over this postponed. MCDERMOTT) each will control 20 min- nation and as a result of their work will leave f utes. a living legacy of young champions of color in The Chair recognizes the gentleman EDUCATION SAVINGS AND SCHOOL the years to come. from Missouri (Mr. HULSHOF). In viewing their accomplishments, the Wil- EXCELLENCE PERMANENCE ACT Mr. HULSHOF. Mr. Speaker, I yield liams sisters have continued the long tradition OF 2002 myself such time as I may consume. and outstanding achievements of blacks in Mr. HULSHOF. Mr. Speaker, I move Mr. Speaker, it is back-to-school tennis. Furthermore, they have shown the to suspend the rules and pass the bill time. Indeed, as I look at the clock world the continued legacy of Blacks in tennis, (H.R. 5203) to provide that the edu- above the Speaker’s chair, in about 2 the spirit of sportsmanship, and the gift of cation savings incentives of the Eco- hours when we call for votes, this serving and encouraging young people around nomic Growth and Tax Relief Rec- Chamber will fill with our colleagues; the world. onciliation Act of 2001 shall be perma- and there will be some of the same gid- Mr. HASTINGS of Florida. Mr. Speaker. I nent, and for other purposes, as amend- diness as kids going back to school. rise today in support of H. Res. 94, a resolu- ed. And the inevitable question we ask one

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.028 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6023 another is what did you do on your other State legislatures can do as far now have to admit that their own Con- summer break? as the rising cost of tuition. However, gressional Budget Office says that this Certainly I think as we prepare for we have acted as far as making college year we are going to be $157 billion in some very solemn events later this education and other educational ex- debt, in deficit. That is counting all week as well as next week and cer- penses more affordable, education more the Social Security money. All that tainly recognizing the impact of a year accessible. It is time to make those money, all that talk about lockboxes ago, I think a lot of attention has provisions in the Tax Code permanent, and we are going to protect Social Se- caused us to really forget some of the those tax relief measures. This body curity. I can remember listening to important education initiatives that has acted making the entire Economic hundreds of speeches from the other have passed and become law. Specifi- Tax Reconciliation Act of 2001 perma- side that would be saying today, cally, this Congress began last year nent. We have also acted as a body to ‘‘You’re raiding the Social Security with a renewed commitment to edu- make those pension opportunities per- money.’’ But suddenly we do not hear cation. ‘‘Leave no child behind’’ has be- manent, the marriage penalty repeal any of that. We have the Congressional come a familiar mantra. In fact that permanent as well as the death tax re- Budget Office say we are only going to landmark legislation of leaving no peal. We believe it is time for Congress be $157 billion in debt. They do not child behind is now the law of the land to make a renewed commitment to point out that the biggest chunk of and really starts with the mindset that make permanent the education tax in- that is money coming from Social Se- a child, any child, can learn. centives. Accordingly, I ask that H.R. curity. As President Bush stated, indeed as 5203 be adopted. Maybe next year it is going to get Governor of the State of Texas, ‘‘The Mr. Speaker, I reserve the balance of better. That would be right, right? Federal Government must be humble my time. Well, it is only going to be $145 billion enough to stay out of the day-to-day Mr. MCDERMOTT. Mr. Speaker, I in deficit. Yet you want to come out operation of local schools, wise enough yield myself such time as I may con- here and pass a bill that puts another to give State and local school districts sume. $5 billion out in perpetuity. You do not more authority and freedom, and It is nice to be back here on the first know what is happening in the stock strong enough to require results. We day of school to witness the 27th act of market. Everybody tells me it is get- must make our schools worthy of all of the Republican budget follies of 2001– ting better. The economy is coming our children. Whatever their back- 2002. The gentleman from Missouri back. It is not coming back in the ground, their cause is our cause. It talks very openly about the No Child Northwest. We have got the highest un- must not be lost.’’ Must Be Left Behind bill, and we all employment we have had in 15 years. Thereupon we came together in a clapped and patted ourselves on the So when people are saying, Oh, well, very bipartisan way and passed that back. It authorized an increase in the let’s give all these permanent tax landmark legislation. But Congress did budget of 15 percent for children and breaks because it’s coming back, where not stop there. Last summer in the education. But then there was the is the proof of that? Who believes the Economic Growth and Tax Relief Rec- budget, the real honest-to-God budget. Secretary of the Treasury? We do not onciliation Act, there were some sig- That was 2.8 percent. Promising 15 per- have a serious financial leader in this nificant tax incentives to improve the cent and then giving them 2.8, right? executive branch. Nobody that the affordability of education, not just And meanwhile come down here and world believes. They go out and make higher education but kindergarten shovel more money out the back door speeches and the market drops. So ex- through elementary school, through in tax breaks. plain to me how you can continue to secondary, essentially schoolchildren You call it arcane reasoning. Well, give money away permanently. of all ages that would be able to take we did not want to break the budget. The funny thing about this, of advantage of through their parents or That is why you did not make it per- course, is it does not take effect for 8 other mentors or family members, op- manent in the first place. If you had years, right? Put it in today, people portunities of savings vehicles and in- passed this thing in perpetuity, you will forget about it; but it will bite out centives through the Tax Code. would have broken the budget, and it there someplace down the road. It is a Yet, Mr. Speaker, as you know and as never would have passed the Senate. very clever strategy. Put in the idea this body knows, a year ago when we That is why you put that sunset clause with the sunset, come back a year later enacted the Economic Growth and Tax in. and say, well, we are only extending Relief Reconciliation Act, because of But the fascinating thing is that the what we did last year. That is decep- some very technical, arcane procedural Bush budget that says it cares about tive. We are in financial difficulties in rules in the other body, there was a education in the public schools cuts 50 this country. We should not be passing sunset provision placed upon those tax programs, including civics and art and this kind of legislation at this point incentives relating to education. What history education. It cuts school coun- when we have not done the education this bill today, H.R. 5203, attempts to selors and technology for teachers. budget. We have not even done any of do is to make permanent those positive That is in the public schools. We do not that yet for the public schools, and you savings vehicles, those tax incentives want to fund the public schools. We want to give people money to go to the that would help all parents across the just want to figure out how to give ev- private schools. country really focus on their children’s erybody a voucher, forever. We are Mr. CONYERS. Mr. Speaker, will the education. going to boost the amount from $500 a gentleman yield? Certainly, as we debated this a year year to $2,000; and we are going to add Mr. MCDERMOTT. I yield to the gen- ago, the idea is a simple one. No child that everybody now is permanent. tleman from Michigan. should be discriminated against be- Higher education, high school, middle Mr. CONYERS. I thank the gen- cause of the choice of where he or she school, elementary school, home tleman for yielding. I am impressed goes to school. Public schools, private school, everybody can take their that this measure is coming up at this schools, religious schools, home money and go outside the public school point in time. Is there some reason schools, any child should have the ad- system. Yet 90 percent of the kids in that we keep going over this? Has this vantage of these tax incentives this country go to the public schools. subject been before the House of Rep- through parents or other mentors as So why is our focus not on putting resentatives before? far as educational expenses. money in the public schools? Mr. MCDERMOTT. My impression is We cannot in Congress, of course, set Even more interesting and the reason that we have done this at least twice tuition rates. We cannot set student I started with this talk about the budg- before. And the Senate always rejects fees. In my hometown of Columbia, et, 2 years ago, a little less than 2 it, because the emphasis should be on Missouri, as college students are com- years ago, we came out here and we public schools. ing back, they are lamenting the fact said we have $5.6 trillion in surplus. Mr. CONYERS. I want to thank the that they are facing an 8 percent tui- And we could do anything. We can give gentleman for his comments. I want tion hike this year. There is nothing enormous tax breaks. We can do all you to know that I think there will be that not only this legislative body but these things. But even the Republicans more people here thinking about the

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.048 H04PT1 H6024 CONGRESSIONAL RECORD — HOUSE September 4, 2002 wisdom of H.R. 5203 when it comes up and athletic scholarships, the IRS and lies who use education savings ac- for a vote today. Treasury have told us if a student counts to pay for private schools a per- Mr. MCDERMOTT. I hope they will earns an ROTC scholarship, their plan manent benefit. Families who can af- all vote against it. can make penalty-free rebates. It is ford to put part of their income into Mr. Speaker, I reserve the balance of only the United States military acad- education savings accounts more often my time. emy students who are not eligible for than not are the same families who can Mr. HULSHOF. Mr. Speaker, I am this benefit. afford to pay for private schools. We pleased to yield 5 minutes to the gen- Serving this country is a noble pro- must not, we cannot, and we should not tleman from Texas (Mr. SAM JOHNSON), fession. Congress ought to encourage, be using precious Federal dollars to another valued member of the Com- not discourage, young people to join subsidize children who come from mittee on Ways and Means. our armed forces, especially today, and wealthy families so that they can go to (Mr. SAM JOHNSON of Texas asked the clarification we are making today private schools and take that money and was given permission to revise and will ensure that all students who at- away from our public school system. extend his remarks.) tend our United States military acad- A strong public education system is emies get the same treatment under b 1645 the only way we can prepare all of our 529 plans as their peers. children for the high wage, high skilled Mr. SAM JOHNSON of Texas. Mr. Given that each Congressman is eli- jobs that will ensure America’s place in Speaker, I did not know we were going gible to make appointments to the the world market. A strong public to come in here and try to get into a United States service academies, I school system is also how we prevent political debate. As I recall from the think all of us in Congress have a di- dependency on welfare here at home. Committee on Education and the rect interest in making sure we solve Public education is the backbone of Workforce, we did not do any cutting; the problem. On average I nominate our country. It is why we are a great we consolidated. about 40 students from the Third Dis- Nation. We cannot afford to give I do not think we have taken one red trict of Texas to the service academies. money to private schools when we do cent out of the Social Security trust I think when hard-working, patriotic not have the will and we do not have fund, and we do not intend to. I think young Americans are rewarded with an the budget to fully fund our Nation’s that it is important for the people to appointment to a service academy, we public education system. know that they can count on the fu- should not turn around and impose a 10 We cannot invest in private edu- ture, that they can put their money percent penalty on their parents who cation when we do not meet our Fed- into a savings account and count on it saved for their children’s education. We eral obligation to IDEA, the Individ- to be there for their kids to go to should provide the same penalty-free uals With Disabilities Education Act. school, if that is what they desire to withdrawals for the plebe, the middy But when we do have a budget that use it for. and the cadet as we provide to those truly leaves no child behind, I will sup- Mr. Speaker, it is an honor for me to who play sports, earn an academic port a measure like this. Until then, scholarship or pay for school through be here today to solve a problem vote against H.R. 5203 because it weak- ROTC. brought to my attention by a con- ens public education and it must be de- stituent. Great ideas do not always Again, I want to thank my constituents, Paul, Jeanette and Kyle Miesse of feated. start from inside the Beltway or from Mr. HULSHOF. Mr. Speaker, I yield Plano, who brought this issue to my at- pundits or strategists. They come from myself 90 seconds. good Americans back home, like my tention. To my knowledge, at no time during Mr. Speaker, I want to commend the friends Paul and Jeanette Miesse of other side for waiting until at least the Plano. Their son, Kyle, attends Jasper the consideration of this legislation did we consider the issue of appointments second speaker to bring up the mantra High School where he is in the tenth to the service academies. I believe the ‘‘tax breaks for the wealthy.’’ What I grade and participates in ROTC. Kyle omission was simply an oversight, and would like to do is refute that com- is considering applying to the Naval I encourage the passage of this bill ment specifically from the last speak- Academy. I want to help them make that will permanently extend the edu- er. that a reality. cation tax breaks included in the tax As this body knows, we have yet to Kyle’s dad researched the 529 Edu- law we enacted last year. reach the appropriation for public education Savings Account. As you know, I do not see how anybody can vote cation. The Labor, Health, Education 529 savings plans, run by the States, against helping parents send their kids appropriations bill is yet to come. That allow parents and others to put money to school and help make it permanent. is the funding mechanism for public aside for college to grow tax free, and, I want to thank the chairman for in- schools. as long as the money is spent on edu- cluding in this bill that clarification. I would take issue with my friend cation, the money is spent tax free. It is people like this in our own dis- from Washington State who declared These tax incentives are an important tricts that make a difference. that somehow there are cuts in public way to encourage savings for higher Mr. MCDERMOTT. Mr. Speaker, I education. Since 1995, this body has in- education. yield 3 minutes to the gentlewoman creased funding for public education by Current law provides penalty-free re- from California (Ms. WOOLSEY). nearly 30 percent, and I dare say I ques- funds from 529 plans for certain situa- (Ms. WOOLSEY asked and was given tion how additional funds in public tions, such as when the student re- permission to revise and extend her re- education is perceived to be a cut. ceives a scholarship. The problem with marks.) Specifically, to the point raised by this is the definition of the word Ms. WOOLSEY. Mr. Speaker, H.R. the last speaker, 70 percent of the tax ‘‘scholarship.’’ It excludes appoint- 2503 has one fatal flaw, and it must savings just from education savings ac- ments to the United States service keep every Member of this Congress counts go to families with children in academies, such as West Point, Annap- and in this body, every Member that public schools making less than $75,000 olis, or my favorite, the Air Force supports public education, from voting a year. Let me repeat that statement: Academy. Under the Tax Code, these for it. 70 percent of the benefits of education appointments are considered commis- H.R. 5203 takes much-needed Federal savings accounts go to public school sions in the military and so are dif- funds away from public schools and children whose parents make a com- ferent from scholarships. gives that money to wealthy families bined income of less than $75,000. There Hard-working students and athletes to pay for private schools. While pri- are 14 million families whose children across America are rewarded with vate schools and religious schools and benefit from just the education savings scholarships to colleges and univer- military schools are an important part account vehicle. Almost 11 million of sities. Congress recognized the hard of the education mix in this country, those are children who attend public work of these young people when we they must not be funded with Federal schools. permitted their parents to receive pen- dollars. So I think that clearly the issue of alty-free rebates of their contributions Yet this is exactly what H.R. 5203 funding of public education is some- to 529 plans. In addition to academic does. It makes the tax breaks for fami- thing this body will consider later in

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.071 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6025 the appropriations process, and I cer- of us want to stand for our kids to have and separate and divide our public edu- tainly take issue with the comments of a fund to go to school. I have two of my cation so that we help a handful of the last speaker. three already in school, public school, children and we leave all the rest to Mr. Speaker, I reserve the balance of and I want to make sure that they have suffer without the incentives and the my time. the resources, along with every child support that we need to genuinely Mr. MCDERMOTT. Mr. Speaker, I that is in the classroom with them, to leave no child behind. yield 3 minutes to the gentleman from do the right thing and learn the right Mr. Speaker, undermining public California (Mr. BECERRA). way. But this will help no one. In fact, education undermines America. And in Mr. BECERRA. Mr. Speaker, I thank it does not help anyone for the next 10 a democracy where the government is the gentleman for yielding me time. years. only as good as the people, a poorly Mr. Speaker, in response to my friend For those reasons, we should vote educated populace threatens our way of and colleague’s mention of this debate, against this and do something mean- life. Only an educated, informed citi- I think we all have to make clear ingful for our children and our schools zenry can hold their leaders account- something about this debate right here throughout the Nation. I urge my col- able, can hold their Members of Con- and now: It is not those of us on this leagues to vote against this measure. gress accountable, when they offer ex- side of the aisle who brought this legis- Mr. HULSHOF. Mr. Speaker, I re- pensive, election-year giveaways like lation forward, and it is not that we serve the balance of my time. this bill to a select few at the expense wish to constantly raise the point that Mr. MCDERMOTT. Mr. Speaker, I of millions of children across this these are tax measures that have tax yield 3 minutes to the gentleman from country. cuts, that help principally wealthy in- Texas (Mr. DOGGETT). Mr. HULSHOF. Mr. Speaker, I yield dividuals. That is the fact of this meas- Mr. DOGGETT. Mr. Speaker, cer- myself 11⁄2 minutes to respond to the ure, that it will cost some $3 billion per tainly we need more incentives to re- gentleman from Texas. year. Under existing law that the Presi- But it is as if Congress learned noth- cruit and retain the best public school dent signed last June, here is who can ing from the Enron, the Global Cross- teachers possible. The many who cur- contribute into a Coverdell education ing, the Arthur Andersen, the rently are underpaid and overworked account. By the way, this is mirrored WorldCom financial scandals that let need additional incentives. We need in- so many fat cats become even fatter, centives to help our children prepare to on the premise of the Roth IRA; that that now we have a bill that would achieve their full potential. Children is, that one contributes monies into a again benefit the wealthiest Americans confronted with schools that are in dis- savings account and then the interest at the expense of the majority of mid- repair or have inadequate technology that builds up, the power of compound dle-class Americans. and other equipment are deprived of an interest, as Einstein talked about, as Really, at the end of this, if you take educational environment where they that interest builds up, it is tax-free if a look at this bill, this is an attempt to can strive and thrive. used in a Roth IRA, for instance, for re- sneak vouchers through the back door As a product myself of the Austin tirement expenses and in the Coverdell for private schools again, at the ex- public schools and the father of two account for education expenses. pense of the 90 percent of our kids who children who are successful graduates Here is who can contribute to an edu- are attending public schools. of the Austin public schools, one now a cation account: anyone. Parents, But the worst part, as you heard the teacher herself in public schools and teachers, mentors, small business own- gentlewoman from California mention the other a physician, I welcome a de- ers, corporations, charities, founda- beforehand, was that this is fiscally ir- bate on incentives to improve our tions, labor unions, concerned citizens, responsible. We are already running a schools. church groups, anybody can designate deficit this year, when we were told by Unfortunately, this is not that de- funds to go into an education account the Bush administration last year we bate. This debate has little to do with for any child. would have a $165 billion surplus for public education and everything to do Now, I would say to the gentleman, this year. Yet we are in deficit. Now we with political theater. We have soaring in fact, this is new resources, incen- want to take $3 billion per year once deficits as a result of the fiscal mis- tives that would not be committed to this is permanently extended and spend management of this country. education but for the fact that we put them in the Tax Code and provide this it to help mostly wealthy families who b 1700 will take advantage of these tax tax incentive. This year alone, this breaks. And the solution that is offered year alone, 3.5 billion more private dol- That does not seem right, especially today is to dig the hole just a little lars are being allocated specifically to when you think that the President’s deeper by providing even more tax educating our kids just this year. own budget called for a cut of all fund- breaks to favor those at the top and The other point I would make is sim- ing for dropout prevention programs in adding that to the huge deficits that ply, everyone keeps talking about the our schools throughout the Nation, es- we already have. budget picture. Again, keep in mind pecially when you consider the fact While the President some time ago that there is absolutely no budget im- that the President is unwilling and this adopted the slogan of the Children’s pact, or a minimal budget impact, House is unwilling to let us have before Defense Fund: ‘‘Leave no child be- making this permanent until the year this body a debate on school construc- hind,’’ unfortunately, his budget this 2010 and 2011. tion monies so that our school districts year leaves quite a few children behind. Mr. Speaker, I reserve the balance of throughout the Nation which are over- He committed to a 15 percent increase my time. crowded could have the money to build in federal education funding to address Mr. MCDERMOTT. Mr. Speaker, I the schools for all our kids, not just these very real needs in our public edu- yield 3 minutes to the gentleman from those that are wealthy. cational system, and instead he has Michigan (Mr. LEVIN). Why not do school construction proposed less than 3 percent. (Mr. LEVIN asked and was given per- measures like that which is cospon- We do not need to wait for the appro- mission to revise and extend his re- sored by the gentlewoman from Con- priations bill to know that the Presi- marks.) necticut (Mrs. JOHNSON) and the gen- dent’s budget leaves too many children Mr. LEVIN. Mr. Speaker, I would tleman from New York (Mr. RANGEL) behind across this country, and instead have thought maybe this break for Au- and a number of us that would say of addressing that today, what is pro- gust would have given the Republican spend less than $1 billion per year to posed in this bill is that we make per- majority here some pause, but no, I help school districts, leverage that into manent a provision referred to as the guess they are going to plunge further $25 billion over the next 10 years to ‘‘Coverdell Savings Account.’’ But, in into this reckless fiscal irrespon- help build schools, rather than give fact, this is not a savings provision, it sibility. They never answer our state- away $3 billion per year to mostly is a looting provision. It provides tax ment about what they are doing to the wealthy Americans. breaks equivalent to vouchers for pri- budget deficit. New facts do not seem That is what this debate is about. It vate schools. That is what this all to matter. They just go on as if it does is about being fiscally responsible. All about, just another way to voucherize not matter what happened in August,

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.051 H04PT1 H6026 CONGRESSIONAL RECORD — HOUSE September 4, 2002 or was it September, when the CBO that the gentleman keeps talking dot-coms or at the Boeing Company or said, oh, the deficit is going to reach about deficits. I recall when I first got any of these other places. These people $157 billion, and if Social Security into this Congress they were huge, and do not have the kind of money to put taxes were not counted, we would be it was a Democrat controlled Congress into an educational account. This is a $315 billion into red ink. So what is our at that time. tax break for people at the top who colleagues’ response to all of this sea of Right now, I believe we are at war. have 5 or 6 grand laying around and red ink? Pour more red ink. Make the We are spending money on defending say, well, I can put 2 grand into this sea even more bloody worse, I guess. this United States, the freedoms that educational thing and Charlie can use But that does not make any sense. we represent and the freedom all over it when he goes to college or when he They are making something permanent the world. We are working to put in goes to the private school next year. in the eleventh year, they are doing place a homeland defense. I will tell My Republican colleagues also de- that now, with this fiscal situation fac- my colleagues right now, if it costs fined this so loosely that yes, some of ing America. money to protect America and protect the money does go to people on the Mr. Speaker, we know it is not going our freedoms, I do not think any of us bottom. You can buy driver’s education to pass the Senate. It will not happen. should stop it. with it, you can buy Internet access for So why are our colleagues attempting Mr. HULSHOF. Mr. Speaker, I re- your kid, you can buy anything you this? It is a political ploy that I guess serve the balance of my time. want; as long as you call it an edu- our colleagues think Americans will Mr. MCDERMOTT. Mr. Speaker, I cational expense, it can come out of not see through. But it is clear to me yield 1 minute to the gentleman from this money. The reason there are sur- that the American public knows red Michigan (Mr. LEVIN). prises in here, like my friend from ink when they see it, and when they Mr. LEVIN. Mr. Speaker, the gen- Texas says, we never had any hearings. see the Republicans dipping into Social tleman from Missouri has very much That is why we do not know what is in Security taxes, they know they are shaped the issue. I favored those provi- the bill. doing it, and they know that this is an- sions, but within a circle of fiscal re- Mr. HULSHOF. Mr. Speaker, I yield other indication of their playing reck- sponsibility, and the gentleman is myself the remaining time to close, as less with the Social Security system of being fiscally irresponsible. The figures we have no further speakers. America. So it is terrible policy to do the gentleman read are figures that I would say to the gentleman and this in view of the red ink, and I think show how much the surplus is outside others, my friends, and I consider them it is really bad politics. of Social Security taxes. Read that to my friends, many of whom are on the So I urge my colleagues to vote ‘‘no’’ the public for year 3, 4, 5, 6, 7, 8, 9 and committee, I certainly hope that this on this. Whatever the merits are of the 10. When we exclude Social Security, interest in fiscal discipline remains as bill, we do not need to add to the red we are in deficit every year with a pro- we really grapple with these appropria- ink today in the future when we are al- jected surplus of $4.2 billion only in tions bills, the challenge that remains ready drowning in this sea of red ink. year 11, and those figures are always ahead of us over the next weeks. It is hurting this economy. Vote no. off. My colleagues are playing loosely Mr. HULSHOF. Mr. Speaker, I yield Mr. Speaker, the idea is that we want with Social Security monies. myself such time as I may consume to to encourage families to put aside So whatever the merits of a bill money for their children’s education directly respond to the question posed might be, do not just throw Social Se- by the gentleman from Michigan (Mr. expenses. It was good policy a year ago. curity to the winds like my colleagues LEVIN). It is not good politics, it is just good The amount that H.R. 5203 would add are doing it. Why are they doing it now policy to help those children achieve to the budget deficit this year: zero. in terms of 2011? My colleagues think it the American dream. Everybody has The amount that H.R. 5203 would add is good politics. It is lousy policy and talked about their children. My daugh- to the budget deficit of next year: zero. poor politics. ter, who is almost 3, one on the way in Mr. MCDERMOTT. Mr. Speaker, I The amount that H.R. 5203 would add December, and as we think of providing to the budget deficit in the next 6, 7 yield myself the balance of the time. the best education possible for all of What is fascinating about this whole years: zero. In fact, I would say to the our children, is it not prudent to put thing, as I started out by saying, it is gentleman, as he cites the Congres- aside that money at the earliest pos- more of the budget follies. Now my col- sional Budget Office, that when the sible time, certainly as we see the cost leagues come out here and they say, budget impact of H.R. 5203 hits in the of tuition continue to go up? year 2011 to the tune of $2.3 billion, oh, but they are now telling us at CBO If Congress fails to act, Mr. Speaker, CBO projects that we will be back in that it is really going to be good in the here are the provisions that we will the black to the tune of $3.2 billion. future. That is what my colleagues said lose come January 1 of 2011. Instead of Also, in the year 2012, when there is a last year. Last year they said, $5.6 tril- the annual contribution limit to an budget impact from our bill today of lion in the bank. We can count on it. education account being $2,000 a year, another $3.2 billion, CBO projects an- And they spent it all. And they are now it would revert to $500. Instead of ex- other $522 billion of surplus. in the hole. I do not know, it is as panding these education account bene- The other point I would like to make, though they have an addiction. They fits to all kids who go to any type of especially to the gentleman from cannot stop spending. Yet if they are school, we would be simply focused on Michigan, is this: we are trying to going to spend, why do they not spend those of college education and forget- make permanent one of the provisions to fix up the schools of this country? If ting about those educational expenses that he sponsored. H.R. 1438 provides they care about public education, why for special needs kids or educational taxpayer assistance, employer-provided not use that money for fixing up public expenses for those in kindergarten assistance to permanently extend ex- schools? No. We are going to give it to through elementary school and sec- clusion for the cost of undergraduate people so that they can leave the pub- ondary education. courses and graduate level courses. lic school system. We are going to use b 1715 That is a bill that was coauthored by the public money so that people can the gentleman from Michigan. It hap- leave it and go find a better school and My friend, the gentleman from Texas pens that of the $5.5 billion in those somehow their kids are going to do bet- (Mr. SAM JOHNSON), talked about sec- outyears, that $2.2 billion of those $5 ter. tion 529 plans. The reason we need to billion are making permanent the bill Now, the real myth here is that this make these tax incentives permanent that the gentleman has indeed intro- helps ordinary people. Ordinary people is as we invest into a prepaid tuition duced here. living paycheck to paycheck do not plan or section 529 plan, the thrust of Mr. SAM JOHNSON of Texas. Mr. have money to put aside in an edu- that is that those withdrawals that we Speaker, will the gentleman yield? cational fund. So we are right away make in those years that those kids, I Mr. HULSHOF. I yield to the gen- talking about people at the top. If we say to the gentleman from California tleman from Texas. look at who is losing their jobs today, (Mr. BECERRA), that are not college age Mr. SAM JOHNSON of Texas. Mr. it is pretty scary, whether it is in yet, when they reach college age, if we Speaker, I would also like to point out WorldCom or Enron or any one of the fail to act, those distributions out of

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.054 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6027 those section 529 plans are going to be and face record-breaking enrollments. The schools? This bill does nothing to address taxable and not tax-free. That is cer- NCLB gave parents the choice to transfer their their concerns. tainly a good policy reason why we kids from a failing public school to non-failing We ought to be down here today making need to act today to make these incen- public school. Recent reports show, however, sure our public schools have the resources tives long-term. that very few students are actually able to they need. We ought to be finding ways to Prepaid tuition plans. Again, as the benefit from this because our schools cannot fully fund last year’s ‘‘Leave No Child Left Be- gentleman from Michigan talked accommodate any additional children. We hind’’ law. about, he has been a champion of tax- should act smarter to devote scarce federal Our public schools have critical needs that free employer-provided education as- dollars to ensure that all our children receive Republicans want to ignore. We ought to be sistance, not just for graduate edu- the education they deserve. making funding available for local schools to cation but for undergraduate edu- Finally, the bill is fiscally irresponsible. Last hire more quality teachers and reduce class cation, again, trying to provide and en- year’s tax cut bill halted our progress in reduc- sizes. We ought to be providing money to list as many opportunities for individ- ing the national debt. Virtually all the projected modernize our schools and renovate outdated uals in this country of all ages to bet- surpluses that were used to justify last year’s and unsafe facilities. More than $300 billion is ter themselves through more edu- bill have now disappeared. Furthermore, en- needed for school construction alone. That cation. actment of the bill being considered today $300 billion cannot be met without significant And certainly the student-interest would further increase the budget deficit that help from the Federal Government. But, it will loan deduction, again, if we fail to act, already is occurring as a result of last year’s be hard to keep students from attending class- we will once again put limits on the bill. es in trailers or dilapidated school buildings if amount of interest that can be de- I hope my colleagues will join me in oppos- Republicans pass this bill. ducted on those burdensome student ing the underlying bill. This is not the time to If concern for public schools isn’t reason loans if we fail to act. be considering a tax cut that our country can- enough to vote down this legislation, then con- Again, Mr. Speaker, it has been an not afford when there is no assurance that the sider its effect on our budget. Today’s bill interesting debate. I would just simply money will truly benefit all families equally. takes the fiscally irresponsible step of making say that if it was good policy as we de- Mr. NUSSLE. Mr. Speaker, education is the part of last year’s trillion-dollar tax cut perma- bated this and voted on it as the House foundation Iowans need to compete in an nent. This will only balloon our rapidly expand- and the President signed it into law 1 ever-changing complicated world. As Iowans ing budget deficit. year ago, it remains good policy today. have returned to classrooms for the new We ought to be more sensible. We ought to We need to provide permanent relief to school year, we should act to make our com- stand up for real priorities and the qualify of families who want to help their chil- mitment to education access clear. public schools. I urge my colleagues to take a dren achieve the American dream. Last year, the Congress approved and the stand for public education and vote no on H.R. Mr. KIND. Mr. Speaker, I rise today in sup- President signed into law the Economic 5203. port of making education more affordable and Growth and Tax Relief Reconciliation Act of Mr. ETHERIDGE. Mr. Speaker, I rise today accessible to our nation’s students. HR 5203, 2001. This important new law contained sig- in opposition to H.R. 5203, the latest in a long however, does not actually benefit the majority nificant tax relief to improve the affordability of series of Republican bills to provide vouchers of students and families. for private schools at the expense of our pub- Education savings accounts were estab- education from kindergarten through college. lic schools. Specifically, this bill would make lished in 1997 as a tool for families to save Unfortunately, due to arcane rules in the Sen- permanent the so-called Coverdell ESA tax money over a period of years for their chil- ate, these education provisions will expire dren’s higher education. Congress recognized after December 31, 2010. Failing to act would breaks in last year’s disastrous tax bill. As the former Superintendent of my state’s the growing cost of college and the increasing mean that Americans would lose $5.5 billion in public schools, I have been proud to lead difficulty families face trying to pay for college, tax relief on New Year’s Day, 2011. many successful efforts here in the U.S. and created these accounts to encourage Knowing the importance of providing afford- early savings. Last year’s tax cut legislation in- able education for Iowa’s students of all ages, House to defeat private school vouchers. I am creased the contribution limit for education I introduced the Education Affordability Act, particularly proud that in my freshman term in savings accounts from $500 to $2,000 and ex- H.R. 5189, in July of this year. My legislation this office, I took to the floor to defeat then- panded the definition of qualified education ex- would repeal the sunset provisions and make Republican Speaker Newt Gingrich on his pri- penses that can be paid from an education permanent provisions eliminating the 60-month vate school voucher bill. I can assure my col- savings accounts to include elementary and limit on the deductibility of student loan inter- leagues that I will be here to lead the charge secondary school expenses for public, private, est payments, increasing income limits for stu- against private school vouchers as long as the or religious schools. dent loan interest deduction, and providing people of North Carolina continue to send me While I support making education more af- tax-free employer-provided education assist- to Congress to serve them. fordable, HR 5203 will allow parents to use ance. I am pleased that the legislation we are Vouchers are a bad idea because they drain these statutorily created education savings ac- considering today incorporates the provisions needed public resources away from our public counts—tax free—for almost ANY aspect they of my bill. In addition to the provisions of my schools, where more than 90 percent of the consider relevant to their child’s education, at legislation, H.R. 5203 would also make perma- children in this country are educated, in favor any school from kindergarten through college. nent the increase in the annual contribution of private schools that have no accountability If parents feel they need a new sport utility limit to an Education Savings Account (ESA); to the American taxpayers. Rather than si- vehicle to drive their kids to school; That is expansion of ESA benefits to qualified ex- phoning funds from the public schools, we OK. penses at public, private and religious schools; need to invest more in initiatives like school If they need a new microwave oven to pre- tax-free withdrawals from 529 plans for quali- construction, teacher training, class size re- pare breakfast for their kids before school; fied higher education expenses; and pre-paid duction, tutoring and in other proven methods That is OK. tuition programs at private institutions of high- to raise academic achievement. Rather than If I want to use these funds, tax free, to pay er education. make permanent the enormous tax bill that my older son Johnny to tutor my younger son By putting more money into the hands of has blown the surplus and ruined the econ- Matthew on the ABCs; That is OK. taxpayers so they can make their own deci- omy, we should pass legislation to get Ameri- Mr. Speaker, these examples seem silly for sions about education, I believe this legislation cans working again. good reason; this bill does nothing to help helps Iowans provide their families with the Let me state that there are some provisions families or to teach children. We need to focus best possible futures. of this bill that I do support. For example, I our national attention on helping needy fami- Mr. STARK. Mr. Speaker, I rise today in op- strongly support tax relief for employer-pro- lies, fixing ailing public schools, and leveraging position to H.R. 5203, the so-called Education vided education and training benefits. I also community investment to help parents, teach- Affordability Act. strongly support expanded tax deductibility of ers and administrators meet the important This education bill is a cynical, backdoor at- college student loan interest. Both these meri- educational challenges they face in serving tempt to create a voucher program. it drains torious provisions do not change the fact that the vast majority of our children. In addition, our public schools of needed resources so Re- this is a fundamentally flawed bill. we need to fully fund the No Child Left Behind publicans can give tax breaks to the 10% of This bill is bad education policy. This bill is Act (NCLB) passed last year. families who send their children to private bad tax policy. This bill is bad budget policy. Our Public schools currently serve approxi- schools. What about the other 90% of Amer- I urge my colleagues to join me in voting it mately 90 percent of students in grades K–12 ican families whose kids attend public down.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K04SE7.075 H04PT1 H6028 CONGRESSIONAL RECORD — HOUSE September 4, 2002 Mr. CARDIN. Mr. Speaker, regrettably, I Convention on the Prohibition of the pending the rules and passing the bill, cannot support this bill because of the budget Development, Production, Stockpiling H.R. 5203, as amended. implications it would create. The Bush Admin- and Use of Chemical Weapons and on The Clerk read the title of the bill. istration has failed to produce a budget pro- Their Destruction, adopted by the Sen- The SPEAKER pro tempore. The posal that is fiscally responsible, it has failed ate of the United States on April 24, question is on the motion offered by to protect the Social Security surplus, and this 1997, I hereby certify pursuant to Con- the gentleman from Missouri (Mr. bill will dip even further into that surplus. We dition 7(C)(i), Effectiveness of the Aus- HULSHOF) that the House suspend the cannot raid the Social Security surplus to re- tralia Group, that: rules and pass the bill, H.R. 5203, as ward private schools while we are in the mid- Australia Group members continue amended, on which the yeas and nays dle of a budget crunch and a public school to maintain equally effective or more are ordered. comprehensive controls over the export funding crunch. The vote was taken by electronic de- There are two measures in H.R. 5203 that of: toxic chemicals and their precur- sors; dual-use processing equipment; vice, and there were—yeas 213, nays I do support. We should extend Section 529 188, not voting 32, as follows: savings accounts so that hard-working parents human, animal, and plant pathogens [Roll No. 371] can attempt to keep pace with rapidly rising and toxins with potential biological higher education costs and give their children weapons applications; and dual-use bio- YEAS—213 the opportunity to go to college by creating logical equipment, as that afforded by Aderholt Granger Paul the Australia Group as of April 25, 1997; Akin Graves Pence education savings accounts. We should also and Armey Green (WI) Peterson (PA) allow parents of military academy students The Australia Group remains a viable Bachus Greenwood Petri Baker Grucci Pickering with scholarships to withdraw Section 529 mechanism for limiting the spread of funds without penalty. We must give students Ballenger Gutknecht Pitts chemical and biological weapons—re- Barcia Hall (TX) Platts who are attending our military academies the lated materials and technology, and Bartlett Hansen Pombo same treatment as students with other schol- the effectiveness of the Australia Barton Hart Portman arships. I hope that we can enact a good Bass Hayes Pryce (OH) Group has not been undermined by Bereuter Hayworth Putnam budget bill that includes these important provi- changes in membership, lack of compli- Biggert Hefley Radanovich sions. ance with common export controls and Bilirakis Herger Ramstad Mr. HULSHOF. Mr. Speaker, I yield nonproliferation measures, or the Bishop Hilleary Regula back the balance of my time. Blunt Hobson Rehberg weakening of common controls and Boehner Hoekstra Reynolds The SPEAKER pro tempore (Mr. nonproliferation measures, in force as Bonilla Horn Riley CULBERSON). The question is on the mo- of April 25, 1997. Boozman Hostettler Rogers (KY) tion offered by the gentleman from The factors underlying this certifi- Brady (TX) Houghton Rogers (MI) Brown (SC) Hulshof Ros-Lehtinen Missouri (Mr. HULSHOF) that the House cation are described in the enclosed Bryant Hunter Royce suspend the rules and pass the bill, statement of justification. Burr Hyde Ryan (WI) H.R. 5203, as amended. GEORGE W. BUSH. Burton Isakson Ryun (KS) The question was taken. THE WHITE HOUSE, September 4, 2002. Callahan Israel Saxton Calvert Issa Schaffer The SPEAKER pro tempore. In the f Camp Istook Sensenbrenner opinion of the Chair, two-thirds of Cannon Jenkins Sessions those present have voted in the affirm- RECESS Cantor John Shadegg ative. The SPEAKER pro tempore. Pursu- Capito Johnson (CT) Shaw Castle Johnson (IL) Shays Mr. MCDERMOTT. Mr. Speaker, on ant to clause 12 of rule I, the Chair de- Chabot Johnson, Sam Sherwood that I demand the yeas and nays. clares the House in recess until ap- Chambliss Jones (NC) Shimkus The yeas and nays were ordered. proximately 6:30 p.m. Clement Keller Shuster The SPEAKER pro tempore. Pursu- Accordingly (at 5 o’clock and 20 min- Coble Kelly Simmons utes p.m.), the House stood in recess Collins Kennedy (MN) Simpson ant to clause 8 of rule XX and the Combest Kerns Skeen Chair’s prior announcement, further until approximately 6:30 p.m. Cox King (NY) Smith (MI) proceedings on this motion will be f Crane Kingston Smith (NJ) Crenshaw Kirk Smith (TX) postponed. b 1831 Cubin Knollenberg Souder f Culberson Kolbe Stearns AFTER RECESS Cunningham LaHood Sullivan GENERAL LEAVE The recess having expired, the House Davis, Jo Ann Larsen (WA) Sununu Mr. HULSHOF. Mr. Speaker, I ask Deal Latham Sweeney was called to order by the Speaker pro DeLay LaTourette Tancredo unanimous consent that all Members tempore (Mrs. BIGGERT) at 6 o’clock DeMint Leach Tauzin may have 5 legislative days within and 31 minutes p.m. Diaz-Balart Lewis (CA) Taylor (NC) Doolittle Lewis (KY) Terry which to revise and extend their re- f marks and to include extraneous mate- Dreier Linder Thomas ANNOUNCEMENT BY THE SPEAKER Duncan LoBiondo Thornberry rial on the subject of H.R. 5203, the bill Dunn Lucas (KY) Thune just debated. PRO TEMPORE Ehlers Lucas (OK) Tiahrt The SPEAKER pro tempore. Is there The SPEAKER pro tempore (Mrs. Emerson Manzullo Tiberi English Matheson Toomey objection to the request of the gen- BIGGERT). Pursuant to clause 8 of rule Everett McCrery Upton tleman from Missouri? XX, the Chair will now put the ques- Ferguson McInnis Vitter There was no objection. tion on motions to suspend the rules on Flake McKeon Walden which further proceedings were post- Fletcher Mica Walsh f Foley Miller, Dan Wamp poned earlier today. Forbes Miller, Jeff Watkins (OK) CERTIFICATION AND STATEMENT Votes will be taken in the following Fossella Moran (KS) Watts (OK) OF JUSTIFICATION REGARDING order: Frelinghuysen Myrick Weldon (FL) AUSTRALIA GROUP—MESSAGE H.R. 5203, by the yeas and nays; Gallegly Nethercutt Weldon (PA) FROM THE PRESIDENT OF THE H.R. 3287, by the yeas and nays. Ganske Ney Weller Gekas Northup Whitfield UNITED STATES The vote on the motion to suspend Gibbons Norwood Wicker the rules on House Resolution 94 will The SPEAKER pro tempore laid be- Gilchrest Nussle Wilson (NM) be taken tomorrow. Gillmor Osborne Wilson (SC) fore the House the following message The Chair will reduce to 5 minutes Goode Ose Wolf from the President of the United the time for the second electronic vote. Goodlatte Otter Wu States; which was read and, together Goss Oxley Young (FL) f with the accompanying papers, without NAYS—188 objection, referred to the Committee EDUCATION SAVINGS AND SCHOOL Abercrombie Baldacci Blumenauer on International Relations: EXCELLENCE PERMANENCE ACT Ackerman Becerra Boehlert To the Congress of the United States: OF 2002 Allen Bentsen Bonior Andrews Berkley Borski Consistent with the resolution of ad- The SPEAKER pro tempore. The Baca Berry Boswell vice and consent to ratification of the pending business is the question of sus- Baird Blagojevich Boucher

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.032 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6029 Boyd Jackson-Lee Pallone JOSEPH CURSEEN, JR. AND THOM- Lipinski Paul Slaughter Brady (PA) (TX) Pascrell AS MORRIS, JR. PROCESSING LoBiondo Payne Smith (MI) Brown (FL) Jefferson Pastor Lofgren Pelosi Smith (NJ) Brown (OH) Johnson, E. B. Payne AND DISTRIBUTION CENTER Lowey Pence Smith (TX) Capps Jones (OH) Lucas (KY) Peterson (MN) Pelosi The SPEAKER pro tempore. The Snyder Capuano Kanjorski Peterson (MN) Lucas (OK) Peterson (PA) Solis Cardin Kennedy (RI) Phelps pending business is the question of sus- Luther Petri Souder Carson (OK) Kildee Pomeroy pending the rules and passing the bill, Lynch Phelps Spratt Clay Kilpatrick Price (NC) H.R. 3287. Maloney (CT) Pickering Stark Clayton Kind (WI) Quinn Maloney (NY) Pitts Stearns Clyburn Kleczka Manzullo Platts Rahall The Clerk read the title of the bill. Stenholm Conyers Kucinich Markey Pombo Rangel The SPEAKER pro tempore. The Strickland Costello LaFalce Mascara Pomeroy Reyes Stupak Coyne Lampson question is on the motion offered by Matheson Portman Rodriguez Sullivan Cramer Langevin the gentlewoman from Maryland (Mrs. Matsui Price (NC) Cummings Lantos Roemer McCarthy (MO) Pryce (OH) Sununu Ross MORELLA) that the House suspend the Sweeney Davis (CA) Larson (CT) rules and pass the bill, H.R. 3287, on McCarthy (NY) Putnam Davis (FL) Lee Rothman McCollum Quinn Tancredo Davis (IL) Levin Roybal-Allard which the yeas and nays are ordered. McCrery Radanovich Tanner DeFazio Lewis (GA) Rush This is a 5-minute vote. McDermott Rahall Tauscher DeGette Lipinski Sabo McGovern Ramstad Tauzin Delahunt Lofgren Sanders The vote was taken by electronic de- McHugh Rangel Taylor (MS) DeLauro Lowey Sandlin vice, and there were—yeas 401, nays 0, McInnis Regula Taylor (NC) Deutsch Luther Sawyer not voting 32, as follows: McIntyre Rehberg Terry Dicks Lynch Schakowsky McKeon Reyes Thomas Dingell Maloney (CT) Schiff [Roll No. 372] McKinney Reynolds Thompson (CA) Doggett Maloney (NY) Scott YEAS—401 McNulty Riley Thompson (MS) Dooley Markey Serrano Meehan Rodriguez Thornberry Abercrombie Culberson Hayes Doyle Mascara Sherman Meek (FL) Roemer Thune Ackerman Cummings Hayworth Edwards Matsui Shows Meeks (NY) Rogers (KY) Thurman Aderholt Cunningham Hefley Engel McCarthy (MO) Skelton Menendez Rogers (MI) Tiahrt Akin Davis (CA) Herger Eshoo McCarthy (NY) Mica Ros-Lehtinen Tiberi Slaughter Allen Davis (FL) Hill Etheridge McCollum Millender- Ross Tierney Snyder Andrews Davis (IL) Hilleary Farr McDermott McDonald Rothman Toomey Solis Armey Davis, Jo Ann Hilliard Fattah McGovern Miller, Dan Roybal-Allard Turner Spratt Baca Deal Hinchey Filner McHugh Stark Miller, George Royce Udall (CO) Ford McIntyre Bachus DeFazio Hinojosa Stenholm Miller, Jeff Rush Udall (NM) Frank McKinney Baird DeGette Hobson Mollohan Ryan (WI) Strickland Upton Frost McNulty Baker Delahunt Hoeffel Moore Ryun (KS) Stupak Visclosky Gephardt Meehan Baldacci DeLauro Hoekstra Moran (KS) Sabo Tanner Vitter Gonzalez Meek (FL) Ballenger DeLay Holden Moran (VA) Sanders Tauscher Walden Gordon Meeks (NY) Barcia DeMint Holt Morella Sandlin Taylor (MS) Walsh Green (TX) Menendez Bartlett Deutsch Honda Myrick Sawyer Wamp Gutierrez Millender- Thompson (CA) Barton Diaz-Balart Hooley Nadler Saxton Waters Harman McDonald Thompson (MS) Bass Dicks Horn Napolitano Schaffer Watkins (OK) Hastings (FL) Miller, George Thurman Becerra Dingell Hostettler Neal Schakowsky Watson (CA) Hill Mollohan Tierney Bentsen Doggett Houghton Nethercutt Schiff Hilliard Moore Turner Bereuter Dooley Hoyer Ney Scott Watt (NC) Hinchey Moran (VA) Udall (CO) Berkley Doolittle Hulshof Northup Sensenbrenner Watts (OK) Hinojosa Morella Udall (NM) Berry Doyle Hunter Norwood Serrano Waxman Hoeffel Nadler Visclosky Biggert Dreier Hyde Nussle Sessions Weiner Holden Napolitano Waters Bilirakis Duncan Inslee Oberstar Shadegg Weldon (FL) Holt Neal Watson (CA) Bishop Dunn Isakson Obey Shaw Weldon (PA) Honda Oberstar Watt (NC) Blagojevich Edwards Israel Olver Shays Weller Hooley Obey Waxman Blumenauer Ehlers Issa Ortiz Sherman Whitfield Hoyer Olver Weiner Blunt Emerson Istook Osborne Sherwood Wicker Inslee Ortiz Woolsey Boehlert Engel Jackson (IL) Ose Shimkus Wilson (NM) Jackson (IL) Owens Wynn Boehner English Jackson-Lee Otter Shows Wilson (SC) Bonilla Eshoo (TX) Owens Shuster Wolf NOT VOTING—32 Bonior Etheridge Jefferson Oxley Simmons Woolsey Baldwin Ehrlich Rohrabacher Boozman Everett Jenkins Pallone Simpson Wu Borski Farr John Barr Evans Roukema Pascrell Skeen Wynn Boswell Fattah Johnson (CT) Barrett Gilman Sanchez Pastor Skelton Young (FL) Berman Graham Boucher Ferguson Johnson (IL) Schrock Boyd Filner Johnson, E. B. NOT VOTING—32 Bono Hall (OH) Smith (WA) Buyer Hastings (WA) Brady (PA) Flake Johnson, Sam Baldwin Davis, Tom Rohrabacher Stump Brown (FL) Fletcher Jones (NC) Carson (IN) Kaptur Barr Ehrlich Roukema Towns Brown (OH) Foley Jones (OH) Condit Miller, Gary Velazquez Barrett Evans Sanchez Cooksey Mink Brown (SC) Forbes Kanjorski Berman Graham Wexler Schrock Crowley Murtha Bryant Ford Keller Bono Hall (OH) Young (AK) Burr Fossella Kelly Smith (WA) Davis, Tom Rivers Brady (TX) Hastings (WA) Stump Burton Frank Kennedy (MN) Buyer Kaptur Callahan Frelinghuysen Kennedy (RI) Towns b 1854 Carson (IN) Miller, Gary Velazquez Calvert Frost Kerns Condit Mink Wexler Camp Gallegly Kildee Cooksey Murtha Ms. ESHOO, Mrs. CAPPS, Mr. Young (AK) Cannon Ganske Kilpatrick Crowley Rivers SHOWS, Mr. SCHIFF, Mrs. MORELLA, Cantor Gekas Kind (WI) and Mr. BOEHLERT changed their vote Capito Gephardt King (NY) b 1905 from ‘‘yea’’ to ‘‘nay.’’ Capps Gibbons Kingston Capuano Gilchrest Kirk So (two-thirds not having voted in So (two-thirds having voted in favor Cardin Gillmor Kleczka thereof) the rules were suspended and favor thereof) the motion was rejected. Carson (OK) Gilman Knollenberg The result of the vote was announced Castle Gonzalez Kolbe the bill was passed. as above recorded. Chabot Goode Kucinich The result of the vote was announced Chambliss Goodlatte LaFalce as above recorded. Clay Gordon LaHood f Clayton Goss Lampson A motion to reconsider was laid on Clement Granger Langevin the table. ANNOUNCEMENT BY THE SPEAKER Clyburn Graves Lantos Coble Green (TX) Larsen (WA) f PRO TEMPORE Collins Green (WI) Larson (CT) The SPEAKER pro tempore (Mrs. Combest Greenwood Latham PERSONAL EXPLANATION Conyers Grucci LaTourette BIGGERT). Pursuant to clause 8 of rule Costello Gutierrez Leach Ms. SANCHEZ. Mr. Speaker, on Wednes- XX, the Chair will reduce to 5 minutes Cox Gutknecht Lee day, September 4, I was unavoidably detained the minimum time for electronic vot- Coyne Hall (TX) Levin due to a prior obligation in my district; had I ing on the additional motion to sus- Cramer Hansen Lewis (CA) been present and voting, I would have voted Crane Harman Lewis (GA) pend the rules on which the Chair has Crenshaw Hart Lewis (KY) ‘‘no’’ on rollcall No. 371 and ‘‘yes’’ on rollcall postponed further proceedings. Cubin Hastings (FL) Linder No. 372.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\A04SE7.020 H04PT1 H6030 CONGRESSIONAL RECORD — HOUSE September 4, 2002 REMOVAL OF NAME OF MEMBER from Jefferson. Jefferson said, ‘‘No just getting one side up and saying why AS COSPONSOR OF H.R. 877 country perhaps was ever so thor- we must do this. Actually there are even good polit- Mr. MCGOVERN. Madam Speaker, I oughly against war as ours.’’ These dis- ask unanimous consent to have my positions pervade every description of ical reasons for not going into this bat- name removed as a cosponsor of H.R. its citizens, whether in or out of office. tle. War is not popular. It may be popular for the short run when there seems 877. b 1915 The SPEAKER pro tempore (Mrs. to be an immediate victory and every- We love and we value peace and we one is gloating over the victory, but BIGGERT). Is there objection to the re- know its blessings from experience. quest of the gentleman from Massachu- war is not popular. People get killed We need this sentiment renewed in and body bags end up coming back. setts? this Congress in order to avoid a need- There was no objection. War is very unpopular, and it is not the less war that offers us nothing but politically smart thing to do. f trouble. Congress must deal with this There are economic reasons that we FREE DEBATE OVER WAR WITH serious matter of whether or not we go must be careful for. We can make seri- IRAQ to war. I believe it would be a mistake ous economic mistakes. It is estimated with the information that is available (Ms. JACKSON-LEE of Texas asked that this venture into Iraq may well to us today. I do not see any reason cost over a hundred billion dollars. Our and was given permission to address whatsoever to take young men and the House for 1 minute and to revise national debt right now is increasing young women and send them 6,000 at a rate of over $450 billion and we are and extend her remarks.) miles off to a land to attack a country Ms. JACKSON-LEE of Texas. Madam talking about spending another hun- that has not committed any aggression dred billion dollars on an adventure Speaker, we have returned from the against this country. I believe it would work recess. So many of us have had that we do not know what the outcome be a serious mistake for various rea- will be and how long this will last? the opportunity to listen to our con- sons. stituents, and aside from the impor- What will happen to oil prices? What First, it is a practical reason. There will happen to the recession that we tant business of the appropriations is no practical defense for this. Our process, I heard a singular cry and that are in? What is going to happen to the military now has been weakened over deficit? All kinds of economic ramifica- is whether this country was going to the last decade, and actually when we engage in war with Iraq. tion. So we better not make the mis- go into Iraq, as we may well do, we will take of going into something that real- I am gratified to hear that there will weaken our ability to defend our coun- be a full debate in this House and I ly we have no business getting into. try. We do not enhance our defense by There is a diplomatic reason for not hope it will not be limited by time. But initiating this war. I have called for citizen summits going. There could be serious diplo- Besides, it is impractical because of matic mistakes made. All the Arab na- across the Nation, communities open- unintended consequences which none of ing up in town hall meetings and PTA tions nearby and adjacent to Iraq ob- us know about and what might come. ject to it and do not endorse what we meetings and civic associations to dis- We do not know exactly how long this cuss one of the most important deci- plan and insist that we might be doing, will last. It could be a six-day war, a and none of the European allies are sions this Nation has to make. For if six-month war or six years or even this war is engaged and we go into war, anxious for this to happen. So dip- longer. It could be very impractical by lomatically we are way off on doing there is no determination as to wheth- going to war. er this will be a 1-year war or a 20-year this. There is a military reason for not I hope we take a second thought and war. going to war. We ought to just listen to be very cautious in what we do. The American people must be in- the generals and the other military ex- f volved. And although this is the peo- perts that are now advising us there is ple’s House, and I hope we will have not a good reason to go to war, possibly TRIBUTE TO MARLA ANN full debate, I believe it is crucial to even start World War III some have BENNETT have citizens debate all over this Na- suggested. They claim our troops have The SPEAKER pro tempore (Mrs. tion. In visiting with students at the been spread too thinly around the BIGGERT). Under a previous order of the University of Houston, I made this world, and it is not a good military House, the gentlewoman from Cali- point. matter to go into war today. fornia (Mrs. DAVIS) is recognized for 5 Madam Speaker, I hope that the There is a constitutional argument minutes. American people will begin to debate and a constitutional mistake that Mrs. DAVIS of California. Madam this crucial issue impacting America. could be made. If we once again go to Speaker, I rise to speak in praise of f war, as we have done on so many occa- Marla Ann Bennett, the young San SPECIAL ORDERS sions since World War II, without a Diegan who was killed in the July 31 clear declaration of war and a clear terrorist bombing attack at Hebrew The SPEAKER pro tempore. Under goal of victory, a haphazard way of University in Jerusalem. the Speaker’s announced policy of Jan- slipping into war by Executive Order Marla was an extraordinary woman uary 3, 2001, and under a previous order or, heaven forbid, getting permission who touched the lives of many people of the House, the following Members from the United Nations makes it so in her all-too-brief lifetime. Her brutal will be recognized for 5 minutes each. that it is almost inevitable that true murder left a terrible void in those f victory will not come. lives and brought forth an outpouring The SPEAKER pro tempore. Under a So we should look at this in a very of grief from the Jewish community previous order of the House, the gen- constitutional fashion. We in the Con- where she lived: in Berkeley, where she tleman from Oregon (Mr. DEFAZIO) is gress should assume our responsibility attended the University of California; recognized for 5 minutes. because war is declared by Congress, in Jerusalem, where she continued her (Mr. DEFAZIO addressed the House. not by a President and not by a U.N. studies and found a spiritual home as His remarks will appear hereafter in This is a very important matter, and an American Jew in the Jewish home- the Extensions of Remarks.) I am delighted to hear that there will land; and in San Diego, where she grew f be hearings and discussion on this mat- up and planned to return once her stud- ter. I am certainly arguing the case ies were completed. AVOID WAR WITH IRAQ that we should have a balanced ap- At Marla’s memorial service, which The SPEAKER pro tempore. Under a proach. We have already had some was attended by over 2000 people, and previous order of the House, the gen- hearings in the other body, and we in more intimate meetings with her tleman from Texas (Mr. PAUL) is recog- heard only one side of why we must do family and her friends, I have shared nized for 5 minutes. this, but if we have true hearings, we the community’s terrible grief at Mr. PAUL. Madam Speaker, I want best have a debate and evidence on Marla’s death, but also the great joy to start my 5 minutes with a quote both sides of this matter rather than that she felt in life and shared with

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.082 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6031 others. It is that joy and in the words Ms. ROS-LEHTINEN. Madam Speak- The SPEAKER pro tempore. Under a of Rabbi Martin Lawson, ‘‘Marla’s leg- er, I would like to recognize tonight previous order of the House, the gentle- acy of caring, of Jewish learning and and congratulate a very special con- woman from North Carolina (Mrs. teaching, of smiles and optimism, of stituent in my congressional district, CLAYTON) is recognized for 5 minutes. warmth and hope,’’ that I want to Heather Ivanyi, who is a teacher at Oli- (Mrs. CLAYTON addressed the House. share with my colleagues and the ver Hoover Elementary School, and I Her remarks will appear hereafter in American people. want to thank her for her tireless ef- the Extensions of Remarks.) As a young girl, Marla was pre- forts on behalf of our community’s spe- f cocious, mature beyond her years. At cial children, those who have special age 2, she told her parents no more ba- MIDWEST FARMERS AND RANCH- needs, and for having been featured re- ERS FACE DIRE CIRCUMSTANCES bies in this house anymore, and at age cently as a Super Teacher in the Miami 3, she announced that she was going to Herald. The SPEAKER pro tempore. Under a Stamford University. By her early Heather not only teaches her stu- previous order of the House, the gen- teens she had explored her Jewish iden- dents spelling and arithmetic, but tleman from Kansas (Mr. MORAN) is tity and found fulfillment in Judaism’s more importantly, she develops their recognized for 5 minutes. spiritual teachings and in its call to creativity and positive self-esteem. At Mr. MORAN of Kansas. Mr. Speaker, times are often tough in the high save the world through acts of kind- home she focuses on her beautiful 6- plains of our country, and Kansas ness and generosity. As a camp coun- year-old daughter Kayla Rae, who has farmers and ranchers struggle every selor, school class officer and volunteer Down’s Syndrome. Jewish educator, Marla was known for Knowing firsthand the special needs year to make ends meet, but this year her infectious enthusiasm, good nature of children like her daughter, Heather is especially difficult, and I want to bring to the attention of my colleagues and appetite for hard work. spends her free time working for here in the House tonight and the citi- She carried those qualities with her groups like the Association of Retarded zens of our country the difficult cir- when she moved to Jerusalem to at- Citizens, the Possible Dream Founda- cumstances that those farmers and tend the Pardes Institute of Jewish tion and the American Rehab Corpora- ranchers face this year because of very Studies at Hebrew University. In addition to further assist children with little snowfall, no rainfall this spring, tion to her graduate work in Jewish Down’s Syndrome, with cerebral palsy and this being the second and third and history and culture, Marla worked to and other such disabilities. sometimes even fourth year in a row in promote peace and understanding be- Along with her assistant Daphne which moisture has been lacking for tween Jewish and Arab Israelis. She Noisette-Andre, Heather Ivanyi dedi- farmers to farm and ranchers to raise felt that Israel had to do more to end cates and cares for the special needs the conflicts with its neighbors, and their cattle. children of our community and we are I just completed 25 town visits she grew impatient whenever a friend a better community for that, and I or family member seemed to give up on throughout the month of August across would like to read just a few lines from the First District of Kansas and saw the peace process. the article that was written in the Marla knew that living in Israel was the worry and concern upon farmers’ Miami Herald by Yohana De La Torre, risky but for her it was exhilarating. In faces. Every day our farmers look to and it is entitled, ‘‘A special teacher an article for the San Diego Jewish the skies and hope and pray for rain. works for special children, Hoover’s Press Heritage, she wrote ‘‘I am not a Heather Ivanyi is tireless.’’ It says, ‘‘A b 1930 tourist; I deal with Israel and all its Miami native, Ivanyi graduated from Communities gather every evening in complexities, confusion, joy and pain Killian High School and received her the community band shell where they every single day. And I love it. Life associate degree from Miami-Dade come together and as a community here is magical.’’ In another article she Community College.’’ pray that rain will fall. The cir- wrote, ‘‘I have a front row seat for the ‘‘In 1994, she graduated with a Bach- cumstances that our agriculture pro- history of the Jewish people. I am part elor’s Degree in varied exceptionalities ducers face and the communities in of the struggle for Israel’s survival.’’ Now Marla is a casualty in that while working full time. which they live is desperate. We have struggle, but she is also a beacon of She volunteered, became a teacher, ranchers selling their cattle every light for all those who dream of peace but it says teaching did not stop there week. Our herds are being culled. We and work for the day when Israel can for Ivanyi. She started to build aware- had almost no wheat harvest in many dwell in peace with her neighbors. ness within the community and made places in Kansas; and in fact statewide Marla Bennett was one of thousands contacts with Costco, Toys R’ Us and wheat harvest was down almost half of of young American Jews who have gone corporations like Target. what it was last year, and last year was to Israel and stayed on despite the hor- Thanks to her persistence, these cor- a very bleak year in and of itself. The rors of war and terrorism. In an open porations still donate toiletries, food, fall crops, the milo, our fall crops have letter to Marla’s parents, another toys, books and diapers to help places failed, almost no fall crops produced in young American who chose this path like the Association for Retarded Citi- Kansas because of lack of moisture. wrote that ‘‘there was no question as zens and another special needs founda- Here in a couple of weeks our farmers to whether it was worth the risk.’’ He tions called Dr. Geraldi’s Possible will try to begin the process of plant- told the Bennetts, ‘‘My heart literally Dreams Foundation. She says, ‘‘I never ing wheat, and yet no rain comes. breaks for your loss but not for your take no for an answer. I have no shame There is no moisture in the surface, no daughter. She lived her life as a free, in asking. I want people to learn that subsoil moisture for those seeds to ger- independent and bold Jewish woman. children with disabilities are human, minate. In addition, our cattle are May her example live on in the sons too.’’ struggling because there is no water in and daughters that follow her.’’ Her long-time friend Frances Capo, the ponds and no grass to feed. Amen. Marla Bennett was a beau- who is also a teacher, said this about So I think it is important for those of tiful, brilliant, brave, kind and caring Ivanyi, I do not know how to describe us who care about the future of rural young woman who lived life to the full- her. There are no words to describe her. America, those of us who care about est, and though her death is a terrible She is a go-getter and always has a the livelihood of our farmers and blow to many of us, her life is an inspi- positive outlook on everything. She ranchers, to bring to our colleagues in ration to us all. not only goes in there to teach but also Congress the circumstances that we face. Almost every year that I have f to believe in her students. There are many heroes in our com- been in Congress, 6 now, we have had CONGRATULATING HEATHER munity, Madam Speaker, heroes like an emergency assistance package de- IVANYI Heather who do not get the special rec- signed to help those who face natural The SPEAKER pro tempore. Under a ognition they deserve. Many of them disasters, those who struggle as a re- previous order of the House, the gentle- are our teachers in our private and sult of hurricanes and floods. I am here woman from Florida (Ms. ROS- public schools, and to them we say to tell my colleagues that the cir- LEHTINEN) is recognized for 5 minutes. thanks and muchos gracias. cumstances that farmers and ranchers

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.086 H04PT1 H6032 CONGRESSIONAL RECORD — HOUSE September 4, 2002 face in Kansas and Nebraska and Colo- to a subcommittee chairmanship. tleman from Iowa (Mr. NUSSLE) is rec- rado and Wyoming and South Dakota Since that time, Russell has been a key ognized for 5 minutes. and Oklahoma are no less dire than adviser to me and chief aide in direct- Mr. NUSSLE. Mr. Speaker, pursuant to Sec- those that our citizens have faced in ing the subcommittee through hun- tion 314 of the Congressional Budget Act, other places in the country due to dreds of hearings that investigated Section 221 of H. Con. Res. 83, and Section floods and hurricanes. every department of the Federal Gov- 231 of H. Con. Res. 353, I submit for printing I ask my colleagues to join with us to ernment. Russell helped me prod exec- in the CONGRESSIONAL RECORD revisions to find a way to provide assistance, to utive agencies into a serious and sus- the 302(a) allocations and budgetary aggre- pursue drought assistance and disaster tained effort to prevent any major gates established by the Concurrent Resolu- relief for farmers and ranchers across breakdowns of government computer tion on the Budget. the country and to look for ways that systems due to software problems re- The conference report on H.R. 4775, which we can do so in a way that is respon- lated to the year 2000 changeover. was signed by the President on August 2 to sible and meaningful. I look forward to Some called it Y2K. become P.L. 107–206, contains emergency- working with my colleagues on the I thank Russell for his dedication and designated appropriations. The fiscal year House Committee on Agriculture and hard work, and I wish him all the very 2002 allocations to the Appropriations Com- my colleagues across the country and best in what I know will continue to be mittee were previously increased by with the administration and Senate to a very distinguished career in public $29,427,000,000 in new budget authority and see that those goals are accomplished. service. He was a key force in pressing $8,466,000,000 in outlays to reflect the No less than the future of rural Amer- for legislation to collect debts owed to amounts in the House-passed bill. I am adjust- ica is at stake. Many of the farmers the taxpayers and he has directed ing the budgetary aggregates and the alloca- and ranchers in Kansas are in their six- many other subcommittee initiatives, tion to the House Committee on Appropria- such as misuse of taxpayers’ well- ties and seventies; and absent assist- tions for the difference between the House- earned dollars. All of those efforts built ance from Congress this year, they will passed and enacted measures. This adjust- on Russell’s prior experience as a New not be farming and ranching next year. ment equals ¥$4,713,000,000 in new budget York prosecutor. authority and ¥$1,645,000,000 in outlays. Ac- Absent them having a livelihood, the When Russell George was a teenager, cordingly, the 302(a) allocation for fiscal year communities that dot the landscape of he worked in the office of Senator 2002 to the House Committee on Appropria- our rural portions of the country will Dole. He knew that this young man tions becomes $731,414,000,000 in new cease to exist and a way of life that has cared about the public interest. honored this country, that has been a Through Senator Dole’s office, Russell budget authority and $734,775,000,000 in out- backbone of this country, will dis- secured his education at Howard Uni- lays. The budgetary aggregates for fiscal year appear. versity and then went on to Harvard 2002 become $1,704,586,000,000 in new So I ask respectfully my colleagues Law School. He was a Phi Beta Kappa budget authority and $1,651,428,000,000 in for their assistance as we pursue the at Howard, majoring in political outlays. issues of drought assistance. The gen- science and minoring in history. He Outlays flowing from fiscal year 2002 emer- tleman from South Dakota (Mr. wanted to help his community and he gency appropriations increase the 302(a) allo- THUNE), the gentleman from Nebraska did it, in Queens, New York. When he cation for fiscal year 2003 outlays. Under the (Mr. OSBORNE), and I have introduced was ten years of age, he was helping procedures set forth in section 314 of the legislation; and we will be seeking sup- charities. Budget Act, adjustments may be made for port of our colleagues to address this Senator Dole was with us today as he emergency-designated budget authority issue. administered the oath of office for Mr. through fiscal year 2002, and for the outlays flowing from such budget authority in all fiscal f George’s new responsibilities as the In- years. The fiscal year 2003 outlay allocation to The SPEAKER pro tempore (Mrs. spector General for the Corporation for the Appropriation Committee was previously BIGGERT). Under a previous order of the National and Community Service. We increased by $10,715,000,000 to reflect the House, the gentlewoman from Texas hope that he will maybe come back to House-passed bill. In order to account for the (Ms. JACKSON-LEE) is recognized for 5 the Hill sometime. He has been in the changes contained in the enacted measure, I minutes. executive branch under President am adjusting the outlay allocation by (Ms. JACKSON-LEE addressed the George H.W. Bush, the father of the ¥$2,322,000,000. Accordingly, the 302(a) al- House. Her remarks will appear here- current President. Both have seen faith location for fiscal year 2003 to the House after in the Extensions of Remarks.) in Russell George. He went back to the law firm in New Committee on Appropriations becomes f York and we were able to get him to $748,096,000,000 in new budget authority and TRIBUTE TO CONGRESSIONAL come down here because we knew what $783,268,000,000 in outlays. The budgetary STAFFER J. RUSSELL GEORGE he had done earlier. In those days he aggregates for fiscal year 2003 become was also assistant general counsel in $1,784,073,000,000 in new budget authority The SPEAKER pro tempore. Under a the Office of Management and Budget and $1,765,225,000,000 in outlays. previous order of the House, the gen- and associate director for the policy in f tleman from California (Mr. HORN) is the White House’s Office of National MEDICARE PRESCRIPTION DRUG recognized for 5 minutes. Service. Interesting, because that is BENEFIT Mr. HORN. Madam Speaker, all of us the responsibility he has now. After who serve in Congress depend heavily serving all of that work in New York The SPEAKER pro tempore. Under on skilled, capable and hardworking and in Washington, we thank him for the Speaker’s announced policy of Jan- staff members to meet the demands of his dedication and hard work and wish uary 3, 2001, the gentleman from New committee hearings, floor action and him all the very best in what I know Jersey (Mr. PALLONE) is recognized for all the other activities of a national will continue to be a very distinguished 60 minutes as the designee of the mi- legislature. Over the past decade of my career in public service. He is a won- nority leader. service in the House of Representa- derful person and a sterling example of Mr. PALLONE. Madam Speaker, I tives, I have been blessed with a strong the men and women who serve our Con- wanted to take to the floor this and effective group of staff members gress. evening to talk once again about the who have helped me meet the needs of f prescription drug issue, both the prob- both constituents and the Nation. My lem in terms of more and more Ameri- staff also has helped me engage in vig- REVISIONS TO THE 302(a) ALLOCA- cans not being able to afford the price orous oversight of government pro- TIONS AND BUDGETARY AGGRE- of prescription drugs and the need to grams as a subcommittee chairman of GATES ESTABLISHED BY THE provide an expansion of Medicare to the House Committee on Government CONCURRENT RESOLUTIONS ON cover prescription drugs under Medi- Reform. THE BUDGET FOR FISCAL YEARS care for America’s seniors and disabled. J. Russell George joined my staff in 2002 AND 2003 I want to start out by saying that 1995 shortly after Republicans won con- The SPEAKER pro tempore. Under a during the August break when I had a trol of the House and I was appointed previous order of the House, the gen- number of town meetings and forums

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.090 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6033 and open houses at my district offices us push for a Medicare benefit, for a rise in support of seniors all across Ar- in New Jersey, this was the number one prescription drug program that really kansas’ Fourth Congressional District issue that my constituents came to me will make a difference. What is hap- and seniors all across America who will and talked about. Interestingly pening in the Senate is interesting as continue once again tonight to go to enough, it was not just the seniors who well. Over in the Senate they passed bed unable to either afford their medi- wanted to see Medicare expanded to in- legislation on a bipartisan basis that cine or afford to take it properly. clude prescription drugs and wanted a would try to address the issue of price 1945 benefit, but it was also a lot of younger in some significant ways, most impor- b people who expressed concerns about tant, by plugging up some of the loop- As the gentleman from New Jersey the rising cost of prescription drugs holes in the brand-name industry, in mentioned, my wife and I do own a and their inability to pay for them. the patent system, whereby many of small-town family pharmacy. We live It amazes me that we are now back, the name-brand companies have been in Prescott, Arkansas, a town of 3,400 and it is September, September 4. We able to prevent generic drugs from people. Our pharmacy is a place where have in the House of Representatives, coming to market by expanding their people come to share recent photo- the Congress as a whole, probably a patents and taking advantage of loop- graphs of their children or grand- month or 6 weeks or so at the most be- holes in the patent laws to make it children, to celebrate the good times fore we adjourn. Yet we are stuck in more difficult to sell a generic drug together, and a place to gather to be the fact that at this point there is no when a patent should expire. there for one another during the dif- reason to believe that either a prescrip- I know it is a difficult concept, but ficult times. tion drug benefit or a mechanism to the bottom line is that one way to re- I have got to tell you that over the control the price of prescription drugs duce prices in a significant way is to years in that small-town family phar- is likely to pass before we adjourn. I pass the bill, the Schumer-McCain bill, macy that we own back home in Pres- think that that is a tragedy. I think that passed the Senate and take it up cott, Arkansas, I have seen too many there is nothing more important for us here in the House and pass that bill or bad times. I have seen too many sen- to do between now and the adjourn- a similar bill in the House that would iors come through the door who have ment of this House sometime in Octo- make it more difficult for these brand- been to the doctor. Medicare has paid ber than to try to address both of these name drug companies to extend their for them to go to the doctor, Medicare issues. patents or to come up with another has paid for the tests to be run on them I have talked many times about the drug that is similar and say that at the doctor’s office or the hospital, need for a Medicare benefit that in- generics could not come to market. and, as a result of all that, the doctor cludes prescription drugs. Democrats We feel that we can make a dif- concludes that a senior citizen needs a in the House, unlike the Republicans, ference, that maybe 40 percent of the certain prescription drug in order to have taken the position and put for- cost of prescription drugs could be get well or live a healthier lifestyle. ward a proposal that would expand saved if some of these loopholes were They come through the door of our Medicare to include a prescription drug cleared up and we were able to encour- pharmacy and pharmacies throughout benefit. Basically, we have talked age the use of generics. The Senate America to learn that they either can- about it, and we have put forward a bill also passed as part of the same bill the not afford their medicine or cannot af- that would create a new Medicare pro- allowance for reimportation through ford to take it properly. gram, very similar to what we have Canada as a method of bringing drug This is America, and we can do better now for part B in Medicare that pays costs down. We need to address this as than that by our seniors. That was a for seniors’ doctors’ bills and that sim- well. The House should take up the driving force behind my decision to run ply says that seniors would pay so Senate bill that deals with generics, for the United States Congress. I want- much a month, about $25, and 80 per- that deals with the reimportation and ed to come here, I wanted to come to cent of the cost of their prescription simply pass it, or in other ways we the people’s House, the United States drugs would be paid for by Medicare, by have to deal with the price issue as House of Representatives, and pass leg- the Federal Government. There would well. There are many ways to deal with islation that would truly modernize be a $100 deductible. The first $100 you that, and I think we can talk about Medicare, to include medicine for our would have to pay out of pocket. After them more this evening. that, 80 percent of the costs would be But the bottom line is this inaction, seniors. Let me tell you why. paid for; and there would be a 20 per- where the House passes this privatiza- There is a senior citizen, a retired cent copay, very similar to what sen- tion of Medicare and tries to seek to pharmacist, a woman in Glenwood, Ar- iors now have under Medicare for the provide a Medicare benefit through kansas, who makes the point better payment of their doctor bills. some kind of private insurance is not than I can. She was a relief pharmacist The sad thing about it is that the Re- going to pass the Senate, and it should in my hometown at the pharmacy that publicans in the House refuse to do not because it is not going to be mean- my mom and dad used when I was a that. Basically, what they have said is ingful; and the idea of expanding small child growing up, which was not they want a privatization plan. I was generics and providing for reimporta- that long ago. She said back in those very upset to see that during the tion as some method of bringing drug days, if she had a prescription that she course of the August break, President costs down is something that we should was filling that cost over $5, that she Bush repeatedly talked not only about pass in the House and at least try to would go ahead and fill the next pre- the need to have a private drug benefit get something accomplished between scription in line while she built up but also about privatizing Medicare now and the end of this session. enough courage and confidence to go and Social Security in general. Here we I see one of my colleagues who has out and confront the patient and tell face a situation where our Federal been so much a part of this debate all them that their medicine was going to budget is once again in deficit, and we year, the gentleman from Arkansas, cost $5. are spending money from the Social who owns a pharmacy and who is very That really does drive home the Security trust fund to pay for other ex- familiar with some of the problems point that today’s Medicare really was penses of the government and the that seniors face with prescription designed for yesterday’s medical care. President continues to talk about drugs and I know who also has a very That is what prescriptions cost back privatizing Social Security as well as good bill on a bipartisan basis with, I when we created Medicare. Medicare; and the Republicans push for guess, one of our colleagues from Mis- Even health insurance companies, a private program, saying, Well, we’ll souri (Mrs. EMERSON). He is working who are obviously in the business of give the seniors some money and very hard to come up with a prescrip- making profits, even they cover the maybe they can go out and find a pre- tion drug benefit as well along the cost of medicine. Why? Because they scription drug plan in the private sec- lines of what I discussed earlier. I am know it helps people live longer and tor. They do not want to expand Medi- pleased to see him here and I yield to healthier lifestyles and avoid needless care to provide a benefit. the gentleman. doctor visits, needless hospital stays I would call upon my colleagues in Mr. ROSS. I thank the gentleman and needless surgeries, the kinds of the House, let us get together and let from New Jersey. I am here tonight to things that I have personally witnessed

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.094 H04PT1 H6034 CONGRESSIONAL RECORD — HOUSE September 4, 2002 in that small family pharmacy that my Then, after the fundraiser they went this Medicare prescription drug ben- wife and I own back in Prescott, Ar- back into the committee and continued efit. When are others going to begin to kansas. to write the bill, and then it passed the listen to you?’’ And I told them I was You see, I have seen seniors leave House. I voted against it, and I voted coming back to the floor, just as I have without their medicine, and, living in a against it because I refused to vote for done for the past 20 months, and I was small town, I learn a week later where something that is no more than a false going to continue to talk about this in they are in the hospital running up a hope or a false promise for our seniors. hopes that people will listen, and they $10,000 or $20,000 or $30,000 Medicare That bill failed to take on the big drug will listen to the fact that it is time to bill, or where they spent $100,000 in manufacturers. That bill did very lit- write a plan that is bipartisan, that it Medicare payments to have a leg re- tle, if anything, to help our seniors, is time to write a plan that is fair, and moved, or where they are now spending and it was the first step toward that it is time to write a plan that $250,000 in Medicare payments to re- privatizing Medicare. takes on the big drug manufacturers. ceive kidney dialysis. All these things You see, this Republican prescription Let me tell you why. I recently con- are avoidable, but it happened to these drug bill that passed the House, and did ducted a survey. I compared the price seniors simply because they could not not get anywhere in the Senate, by the of the five most commonly used brand afford their medicine or could not af- way, this bill that passed the House name drugs that seniors use. I com- ford to take it properly. Again, this is does not make prescription drugs a pared the price in Arkansas’s Fourth America, and we can do better than part of Medicare. It simply allows pri- Congressional District with the price that by our seniors. vate insurance companies, dozens of paid by seniors for those same drugs in So I came to Congress and I wrote a them, to go knock on your door or your six other countries. bipartisan bill with the gentlewoman mom’s door or your grandmother’s Do you know what I found? I found from Missouri (Mrs. EMERSON), a Re- door, all trying to sell the same policy. that the price that seniors pay on aver- publican. I did it in a bipartisan way Then here is what it does. It would age in Arkansas’s Fourth Congres- because, you see, I think it is time for require you to pay a monthly premium, sional District is 110 percent more than this Congress to unite behind the need but they cannot tell us exactly how what seniors pay in these other coun- to truly modernize Medicare, to pro- much. It would require you to pay the tries. And that is wrong. We are talk- vide medicine for our seniors, just as first $250 out of your own pocket. ing about drugs that are being invented we have united on this war against ter- After that, it is more complicated in America, oftentimes with govern- rorism. than filling out an income tax return. So we wrote a bill back in January. ment subsidized research. They are On the next $1,000 worth of medicine It was a very fair bill. It called for a being made by Americans, they are that you need, you are only going to $250 annual deductible. It called for an being packaged by Americans, they are pay 20 percent. That sounds pretty 80 percent/20 percent copayment, with being shipped by Americans, and yet good. On a $100 prescription, you pay the government or Medicare paying the our seniors are asked to pay 110 per- $20. After you spend $1,000, and as a other 80 percent. cent more here than what we are re- Basically what our bill did was treat- small town family pharmacy owner, I quiring them to pay in other countries. ed going to the pharmacy like going to can tell you for a lot of seniors that If these other countries, places like the doctor and going to the hospital. It only takes a few months. After you Canada and Mexico, if those small gov- gave you the freedom to get the medi- spend $1,000, on the next $1,000, between ernments can stand up to the big drug cine your doctor wanted you to have $1,000 and $2,000, your copayment goes manufacturers and demand a fair price, and it gave you the freedom to choose to 50 percent. In other words, on that why can we not? I am not here to beat which pharmacy you wanted to use. $1,500 prescription you pay $50. Then up the big drug manufacturers. They Our bill took on the big drug manu- after you have spent $2,000, and, again, create drugs that save lives and help us facturers. We demanded the same kind as a small town family pharmacy all to live healthier lifestyles, and I ap- of rebates from the big drug manufac- owner, I can tell you it only takes a plaud them for that. But sometimes turers to help offset the cost of this matter of months for some seniors to you have got to draw the line and say voluntarily but guaranteed Medicare reach $2,000 worth of medicine ex- enough is enough. Part D prescription drug benefit. We penses, so after you spent $2,000, guess A recent study indicated that some demanded the same kind of rebates what? Between $2,000 and $3,700, you drug manufacturers spent more money from the big drug manufacturers to are back paying the full amount, a 100 last year on those fancy TV ads than help pay for this program, just as the percent copayment to our seniors, and they did on research and development, big HMOs have been demanding and re- yet the bill requires them to continue finding cures for diseases. You know ceiving from the big drug manufactur- to pay the monthly premium. the kind of ads I am talking about, the ers for years. If you add it all up, if my addition is ones that come on TV where they try Well, the Republican national leader- right, counting the deductible and the to tell you which drug you need to tell ship refused to give us a hearing, they premium and this complicated formula your doctor you need. refused to give us a vote on this bipar- of how much you pay, depending on My colleagues, have you ever tisan bill. And I continue to come to which day it is and on how much you thought about that? That is crazy. the floor and talk about the impor- spent in terms of the copayment, on That is crazy, and it is time that we tance of it and remind folks and re- the first $3,700 worth of medicine you held the big drug manufacturers ac- mind the Republican national leader- need every year, the government, countable, and it is time that they step ship that this was a bipartisan bill, it through Medicare, actually through a forward in good faith and say we want was written by a Democrat and a Re- private insurance company subsidized to do for a Medicare prescription drug publican. But it took on the big drug by Medicare, is going to provide you plan what we have been doing for the manufacturers, and they refused to with help to the tune of about $600. $600 big HMOs and the for-profit companies give us a hearing, they refused to give in savings on a $3,700 drug bill does not for years, and that is providing rebates us a vote, and that is wrong. help seniors choose between buying to help offset the cost of the program. Then, some 4 months before the elec- their medicine, buying their groceries, I am real disappointed at how the tion, the Republican national leader- paying their utility bills and paying vote on the Republican plan, which was ship decided this was an important rent. It is nothing more than a bogus nothing more than a false hope and a issue, so they began to write a bill. In plan. false promise for our seniors, unfolded. fact, in the middle of writing the bill Now, I just spent 5 weeks on the Au- They brought it to this floor for a vote they had to adjourn the committee gust district work period traveling the at 2:39 a.m. on a Friday morning when meeting to go to a fundraiser sponsored 29 counties that make up Arkansas’s seniors were fast asleep. by the big drug manufacturers. Do not Fourth Congressional District, one of I had a plan. I was proud to be one of take my word for it, please look. It is the more rural and larger districts in four cosponsors, original sponsors, of a in the Washington Post, $250,000 a per- America. bill that would provide a meaningful son to attend this fundraiser for the Seniors came up to me every day and prescription drug benefit. They would Republicans. said, ‘‘I know you are working hard for not listen to our bipartisan bill, so I

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.095 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6035 came back with another one and was and voting on a prescription drug ben- Basically, what they say with this one of four original sponsors of a bill efit and we actually had to adjourn at language is that there cannot be any that basically again would treat going 5 o’clock so that they could go to the discussion of price. There cannot be to the doctor and going to the hospital Republican fundraiser. There was an any effort on the part of the Federal and going to the pharmacy all the article the next day, or actually it was agency that deals with this program to same. that same day, and I am just going to deal with price. Not only did they bring the bill, the read a couple of highlights of it. Mr. Speaker, we did the opposite in Republican bill written by the drug It says, ‘‘Drug Firms Among Big Do- our bill, and the gentleman mentioned manufacturers for the benefit of the nors at GOP Event.’’ It said, ‘‘Pharma- that too. We said, in the Democratic drug manufacturers, to the floor at 2:39 ceutical companies are among 21 do- bill, we specifically mandated that the on a Friday morning, they refused, nors paying $250,000 each for red-carpet Secretary of Health and Human Serv- they refused to allow us to offer up a treatment at tonight’s GOP fund- ices negotiate, because now he is going substitute. They refused to allow us to raising gala staring President Bush, to have 30 million, 40 million seniors, offer up one single amendment to that two days after Republicans unveiled a negotiate to bring the prices down, be- bill. prescription drug plan the industry is cause he is now going to have tremen- All 435 Members of this body were backing, according to GOP officials.’’ dous power, having all of these seniors, elected the same way, by the people, This is not Democrats talking. It says, so that he can negotiate with the drug and we have been sent here to be a ‘‘Drug companies, in particular, have companies just like we do with the voice for the people. I say give us an made a rich investment into tonight’s Veterans Administration or with the opportunity to have a vote. I will not event. Robert Ingram, military, and we can bring prices down even be picky here. I am calling on the GlaxoSmithKline PLC’s chief oper- maybe 30, 40 percent. That is just one ating officer, is the chief corporate leadership to either give me a vote on way to do it. There are all kinds of fundraiser for the gala; his company a bipartisan bill that the gentlewoman ways to do it. I talked about the ge- gave at least $250,000. Pharmaceutical from Missouri (Mrs. EMERSON) and I neric bill before, that is a way to do it. Research and Manufacturers of Amer- wrote together, a bipartisan bill to Reimportation is a way to do it. But ica,’’ that is PhRMA, a trade group the Republicans do not want to do any- help our seniors, or to give me a vote funded by the brand name companies, thing on the issue of price because ba- on the other bill that I wrote and of- ‘‘kicked in $250,000, too.’’ fered up as a Democratic substitute to It says, ‘‘PhRMA is also helping un- sically they are in the pockets of this the Republican plan that passed that derwrite a television ad campaign tout- name brand drug industry. The other thing the gentleman men- Friday morning at 2:39 a.m., that does ing the GOP’s prescription drug plan.’’ tioned and I will just mention briefly is nothing for our seniors other than offer I am going to talk about that a little this data that came out that showed up a false hope and a false promise. bit too. It goes on to talk about the dif- that the big drug companies spent al- People who know me know that I am ferent companies that contributed. But most 21⁄2 times as much on marketing/ not partisan. I am sick and tired of all it said, ‘‘Every company giving money advertising/administration as they the partisan bickering that goes on in to the event has business before Con- spent on R&D. So the gentleman said, our Nation’s capital. There have been gress. But the juxtaposition of the pre- times when I have stood and voted with scription drug debate on Capitol Hill and he is right; sure, there is no ques- President Bush. I believe there are ex- and drug companies helping to under- tion that these drug companies are tremists in both parties, and I am try- write a major fundraiser highlights the coming up with miracle drugs, but that 1 ing to bring people to the middle to tight relationship lawmakers have is less, 2 ⁄2 times less than what they find common-sense solutions to the with groups seeking to influence them. spend on the marketing and the adver- problems that confront our Nation. ‘‘A senior House GOP leadership aide tising. I can tell you that on this issue the said yesterday that Republicans are This was done by FamiliesUSA, and Republicans are wrong, and it is time working hard behind the scenes on be- it says, ‘‘U.S. drug companies that for all of us to get right. It is time for half of PhRMA to make sure,’’ I mean market the 50 most often prescribed 1 all of us to come together. It is time that says it all. That is what it is all drugs to seniors spent almost 2 ⁄2 times for all of us to work in a bipartisan about. As the gentleman said, the sad as much on marketing/advertising/ad- way to write a bill that will help bring thing about it is, what really went on ministration as they spent on R&D,’’ down the high cost of prescription here in June was that PhRMA and the according to the analysis. It goes into drugs for our seniors and for working drug companies got together and de- for each company the percentage of families all across America. cided what they wanted the prescrip- revenue spent on marketing and spent on R&D. Just a few, like Merck spent b 2000 tion drug bill to be. They were determined that it was not going to be an 13 percent on marketing/advertising, 5 Mr. PALLONE. Mr. Speaker, I want expansion of Medicare; it was just percent on R&D. Pfizer, 35 percent on to thank the gentleman from Arkan- going to be an effort to maybe get peo- marketing/advertising; 15 percent on sas, my colleague, for everything that ple to go out to find private insurance. R&D. Bristol-Myers spent 27 on mar- he said, because I think he is right on But most importantly, it would deter- keting/advertising; 12 percent on R&D. point on this issue of prescription mine that it would not address price. I mean these are facts, there is no way drugs. But the two things that the gen- The gentleman and I have talked be- to get around it. tleman stressed the most, or that I fore, and I am just going to mention The thing that really bothers me, picked up the most, and they are clear- again that in that Republican bill, they though, is the fact that we went home ly linked, and one is the effort on the went so far at the request of the phar- for this August break, but before that part of the pharmaceutical industry to maceutical companies to actually the Republicans passed this fake bill at try to scuttle, in my opinion, both any write into the law that there could not the request of the pharmaceuticals effort in the House or in the Senate to be any effort to address price. I just that does not even address price. And address price, to try to bring down the want to read this noninterference what did they do? They went out and cost of prescription drugs, and even the clause that is in the Republican bill. It they started, started even before we effort to scuttle a Medicare benefit, says, the administrator of the program left, but it was in full force in August, which the gentleman talked about and ‘‘may not (i) require a particular for- this huge TV ad campaign, the so- which we continue to stress. mulary or institute a price structure called issue ads, but they are just real- I just want to go through if I could a for the reimbursement of covered out- ly campaign ads, and they spent mil- couple of those things, because the gen- patient drugs; (ii), interfere in any way lions of dollars on these Republican tleman, first of all, mentioned the with negotiations between PDP spon- candidates, only the ones that voted Washington Post article which was sors and Medicare+Choice organiza- for the bill, voted for their bill, for the that day in, I guess it was in June, the tions and drug manufacturers; and (iii), drug companies’ bill, and so they influ- night of June 19 when the GOP had the otherwise interfere with the competi- enced the policy writing the bill, get- big fundraiser, the very day that we tive nature of providing such cov- ting the bill passed, and then reward- were in the Committee on Commerce erage.’’ ing the people who voted for it by

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.097 H04PT1 H6036 CONGRESSIONAL RECORD — HOUSE September 4, 2002 spending millions of dollars on adver- Now, the amazing thing to me, and I that it is our obligation to not only tising to get them reelected. They have do not want to keep stressing it all continue with a strong Medicare pro- been doing it with this United Seniors night, but the amazing thing to me is gram, as well as a strong Social Secu- Association, which is basically just a that during the August break I kept rity program, but that we need to build shell, I guess we could call it, for the hearing the President of the United on those programs, and that is why drug industry. States constantly talk about the need when we talk about a prescription drug So I am saying the same thing the to privatize not only a prescription plan we want it to be part of Medicare, gentleman has already said, but it is drug program, which would be an ex- an expansion of Medicare, because that just upsetting, because we are back pansion of Medicare, but actually talk has been a very successful program. It here now, we are taking the time here about privatizing Medicare itself. He is the only way to guarantee that in Special Orders trying to explain all had a forum, I think it was in Waco, every senior not only gets health care, of this and, meanwhile, these ads are Texas around the middle of August, but gets a prescription drug plan. If going on, multimillions of dollars say- where he talked about, it was sort of you privatize prescription drugs as a ing just the opposite, 30 seconds, 1- an economic forum primarily, but he benefit, you have no guarantee that minute ads. I do not know how we even also talked about Medicare, and he said people in any particular part of the succeed in getting the word out about that he thought Medicare should be country are going to have access to what is really happening about here, privatized. So what we are seeing on health insurance because they probably but there is no question that we have the part of the Republican leadership will not be able to buy it. It will not be to try, and that is why I appreciate the and the President is that they basi- for sale. If you include it as part of gentleman being here, once again. cally do not like Medicare. Not only Mr. Speaker, I wanted to spend a lit- Medicare, you guarantee that every would they not expand Medicare to tle time just talking a bit more, if I senior is going to have access to a good cover prescription drugs, they do not could, about what the Democrats in prescription drug program. like the traditional Medicare that we the House have in mind for a Medicare The last point I will make is that not have now and that has been such a suc- prescription drug benefit and how that only do we need to provide a benefit for cessful program that so many seniors contrasts so much with the Republican seniors, we need to address the rising depend upon. cost of prescription drugs, and whether proposal that passed the House. As I Mr. Speaker, this is not the first said before, what the Democrats have that means that we, in the context of time that I have come to the floor to Medicare, give the Secretary negoti- been saying is that the only effective point out that so many in the Repub- way to provide a meaningful prescrip- ating power to bring prices down lican Party historically have been crit- through negotiations over the cost of tion drug benefit for seniors is if we ical of Medicare itself, let alone ex- simply expand Medicare, which has drugs, or it means that we deal with panding Medicare for prescription the generic issue, as I mentioned be- been a very successful program, prob- drugs. Despite Medicare’s effectiveness ably one of the most successful Federal fore, and plug up a lot of loopholes so at improving the health of America’s programs that ever existed, and we in- that it is easier to bring generic drugs seniors and the disabled, there are clude a prescription drug benefit with- to market, or we allow reimportation many Republicans that continue to opin the confines of the Medicare pro- as a last resort from Canada or other pose it. Former Speaker Gingrich once gram. countries, we need to get at this price Now, what we have put forward, and said that Medicare would wither on the issue. I am just so upset over the fact this was the Democratic alternative to vine because we think people are vol- that the Republican leadership in the the Republican bill, as I said before, is untarily going to leave it. Even as re- House refuses to address the price very much modeled on Part D. Seniors cently as 1995, the gentleman from issue. We are going to continue to now under Medicare get their hospital Texas (Mr. ARMEY), who is the Repub- make the price issue an important coverage under part A, and under part lican majority leader now in the House point and try to get something passed B of Medicare, they pay a premium of of Representatives, called Medicare a here on that issue as well as the benefit so much a month, and they get 80 per- program I would have no part of in a before we adjourn this Congress in Oc- cent of their doctor bills covered by free world. Of course, the program is tober. too popular to repeal, so instead the Medicare, by the Federal program. f Now, the House Democratic proposal House Republican leadership has im- adds a new Part D to Medicare that plemented a budget plan that is pro- b 2015 jected to raid all of the Medicare sur- provides a similar voluntary prescrip- THE FARM BILL tion drug coverage for all Medicare plus. beneficiaries beginning in 2005. The So what we are seeing here now with The SPEAKER pro tempore (Mr. premium is $25 a month, the deductible the Republican budget and with the FLAKE). Under the Speaker’s an- is $100 a year, just like Part B; the co- Republican economic policy is that we nounced policy of January 3, 2001, the insurance is 20 percent, the beneficiary go back into debt and we start bor- gentleman from Nebraska (Mr. pays 20 percent, and Medicare pays 80 rowing from Social Security, we bor- OSBORNE) is recognized for 60 minutes percent, and basically, it is a $2,000 row from Medicare and, ultimately, as the designee of the majority leader. out-of-pocket limit. After you have these very good social programs, one a Mr. OSBORNE. Mr. Speaker, during spent $2,000 out-of-pocket, because of pension program, Social Security, and the past 30 days of working recess, the the copayment, then the rest of your another a health care program, Medi- number one topic in my part of the prescription drug bills are paid by the care, eventually have no money, or country has been the drought, and I Federal Government 100 percent. have less and less money, and then we would like to display a map of the For those who are low income, those take that argument to say, well, if drought as was portrayed at the end of seniors who cannot afford the pre- they have no money, we better come up August. mium, again, just like Part B, bene- with something else and we better pri- Note here that roughly 45 percent of ficiaries with incomes up to 150 percent vatize the program. It is unbelievable the country is in an extreme drought. of poverty pay no premium or cost- to me that this is the way that they The area that is brown is so excessive sharing; beneficiaries with incomes be- are proceeding. So even though I want- that there is practically nothing grow- tween 150 to 175 percent of poverty pay ed to stress the prescription drug pro- ing. Pastures are burned up, no dry- no cost-sharing and receive assistance. gram tonight, I cannot help but point land crops, and even irrigated crops So depending on your income, the Fed- out that this is part of a larger effort have a hard time surviving. The red eral Government would actually pay on the President’s part and on the Re- area is a little better. Again, very little for the premium or a certain part of publican leadership’s part to talk can grow there because the rainfall has the premium. But again, it is a 20 per- about privatizing Medicare as well as been probably less than 50 percent of cent a month premium, so most seniors Social Security. normal, and we have even seen some of would pay the premium and they would I think that the most important this on the east coast. So very, very get the benefit, just like they do with point that I can end with tonight is to few times in the history of our Nation the current Part B under Medicare. point out that as Democrats we feel have we had a drought that is this

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.099 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6037 widespread, 45 percent, because in a second soundbytes, and in a drought it sell out for the farm vote? Did we real- normal year we normally have a is more insidious. It is slower, but the ly have a tremendous urban-to-rural drought covering somewhere between economic impact is every bit as great, transfer of wealth? Is the new farm bill 10 and 15 percent of our Nation. if not greater than some of these other obscene, as so many have said? The other thing that has been re- situations that we have addressed with I guess what we might do here is look markable is not just the extent of it, disaster assistance. So, anyway, we feel at some figures. We will note here, Mr. but the severity of it. As I mentioned, this is a difficult situation. Speaker, that under Freedom to Farm we have a huge proportion of the coun- What I would like to do at this point, in 1999, 2000, and 2001, we spent an aver- try that is in extreme drought condi- Mr. Speaker, is to amplify some of the age of $24.5 billion a year on agri- tion. Most years you might have a very arguments that have to do with why we culture. This year in 2002, under the small percentage that would have that are having such a difficult time getting new farm bill, we are projected to type of drought. The other thing to the word out here in Congress and get- spend $19 billion; in 2003, about $22 bil- mention is that this has been a very ting approval nationally for disaster lion; then $21 billion, and then $20 bil- persistent drought. Many of these assistance for agriculture; and the big lion. It will tail on down from there. areas are currently in their 3rd or 4th problem that we have is that there is a So what we are saying is, projected year of drought conditions, and so widespread belief that the new farm for the first 4 years of the new farm when a farmer or rancher has had to go bill that was passed just a few months bill, we are going to spend less than $21 through multiple years, obviously he ago is very fat, that it has all kinds of billion a year on agriculture, whereas becomes even more distressed than if it money in it; and therefore because of in the last years of Freedom to Farm, was just a 1-year occasion. the excessive amounts of money in the we spent $24.5 billion. So if that is the So the situation is dire. Some type of farm bill, any disaster assistance for case, can we really say that this new help is needed, some type of disaster agriculture should be covered by the farm bill is obscene, it is a sell-out to assistance. And the one thing I would farm bill. And so you might say, well, rural America? Is it something that is like to point out is that in recent farm is this perception correct, this percep- irresponsible? Should the President be bills we have had what is called emer- tion that the farm bill is really over- castigated for signing this bill? gency assistance and in the last 3 or 4, loaded with money? I think very clearly the answer in 5 years we have averaged somewhere And I would like to point out just a this case is no, that this is a respon- between 6 and $7 billion in emergency few newspaper articles that I think sible piece of legislation. The thing spending. That emergency spending has pretty much capture the tenor of the that we will see later on is that actu- been primarily due to low prices, the time. One major newspaper said this ally now we have had enough produc- fact that no one can get an adequate and the headline said ‘‘Farm Welfare’’ tion and crops are pretty much done in return on their crop. and went on to say in an editorial ‘‘... their growing season, and the prices What we are talking about now is not the House voted to slide backwards are becoming more and more fixed for low prices. We are talking about no some 70 years, choosing socialism and this year. crop at all, and we are also talking abandoning market-based reforms in Actually, this year, in 2002, and we about really dire circumstances for the the Nation’s Stalinesque farm policy’’ know this is not going to be a projec- livestock producers because in these in voting for the new farm bill. Here tion, the reality is going to be that we are going to spend not $19 billion but areas where there is no pasture, what they are talking about a Stalinesque we are going to be spending somewhere has happened is that a great many peo- farm policy which is, of course, totally in the range of $15 billion this year, $14 ple who own cattle, and in some cases a socialized system which is absolutely billion, for the new farm bill; and we even hogs, they have had to sell off not true. The Washington Post said this: will go into the reasons for that. their herds because there is nothing to ‘‘Cringe for Mr. Bush.’’ This was the Instead of being up here, this bar feed them; and most of their feed for headline. And the editorial said ‘‘Mr. should be down here. There is some the winter has already been used up as Bush signed a farm bill that represents pretty good evidence that leads us to well. believe that these may not be as high. So because of the glut on the cattle a low point in his presidency, a waste- So, actually, these estimates here may market, and in some cases the hog ful corporate welfare measure that pe- turn out to be a little bit on the high market, what we are finding is terribly nalizes taxpayers and the world’s poorest people in order to bribe a few vot- side, and obviously the new farm bill low prices; and people are losing tre- ers.’’ So the President took some tre- may actually prove to be a consider- mendous amounts of money, and a mendous hits for signing this farm bill able savings over the old farm bill. great number of cow/calf operations and the idea being that this was just Let us talk about this a little bit, will be simply driven outside of exist- done to appease a few farmers to get too. Is the new farm bill a large part of ence because of this and of course a some votes and it was done at the ex- the budget? As we read those editorials great many farmers as well. So this is pense of urban citizens and also the and as we hear conversation, we would a very difficult situation and one would world’s poorest countries. assume that payments to the farm sec- assume that under these cir- We will examine the accuracy of this tor are maybe 10 percent of the total cumstances, it would be almost auto- statement in a little bit, but this again Federal budget; maybe 15, maybe 20, matic that we would be able to come captures the tenor of the time. This is maybe even 25 percent. up with some type of assistance be- essentially how this is perceived in so What is it? How much do we spend cause the economic impact here will be many quarters, particularly in urban each year on agriculture? The actual much greater than the wildfires that areas. case is that we spend a little bit less we have seen in the West; and of course The Wall Street Journal went on to than or right at one-half of 1 percent of those were very serious and we cer- say this. The headline was ‘‘The Farm the Federal budget on farm policy. So tainly needed some aid, and we gave State Pig Out.’’ The editorial said, out of every $200 of tax money that is $700 million very quickly to provide as- ‘‘That great rooting, snooting noise spent, roughly $1 goes to the farm sistance for the damage that was ac- you hear in the distance, dear tax- economy, $1 out of every $200. So this corded to those wildfires; and yet here payers, is the sound of election-year is not a huge giveaway. This is not just in my State alone we are talking farm-state politics rolling out of the something that breaks the Federal about roughly $1.4 billion, State of Ne- U.S. Congress. This alone amounts to budget. I think it is important to real- braska, and we would multiply that by one of the greatest urban-to-rural ize this. 10 or 15 when we look at this larger re- wealth transfers in history, a sort of Also, I think it is important for peo- gion. So the damage is tremendous. farm bill Great Society.’’ ple to understand that out of that one- What we notice is that if we have a So the gist of this editorial was that half of 1 percent that goes to the farm hurricane such as we had down in it is going to be a huge economic trans- bill, the farmers do not receive all of southern Florida a few years ago or if fer from urban areas to rural areas, that money. There are school lunch we had a tornado or a wildfire or even kind of a get-rich-quick scheme. programs, there are conservation 9–11, the events are very dramatic. We So let us examine this a little bit in issues, there are environmental ac- see destruction, we see television 30- greater detail. Did the President really counts. So actually the farmer himself

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.101 H04PT1 H6038 CONGRESSIONAL RECORD — HOUSE September 4, 2002 receives only somewhere in the vicin- income, we are talking somewhere in ple are not even breaking even with ity of 65 percent to 75 percent of that the range of $6,000 per person. We can government payments. So this is the one-half of 1 percent, so it is not nearly go to inner cities, to any part of the thing that I think is important for peo- as big a boondoggle as some would have country, and we will find that the poor- ple to understand. us believe. est counties in per capita income are in Let us take a look at why we need a What do we receive in return for that rural America. This is not a wealthy farm bill. I think this is something one-half of 1 percent that we are spend- situation. that people sometimes do not totally ing in tax dollars? What we have is the I think one of the reasons we have understand and I will try to take a shot most diverse, the cheapest, and the this perception of how much of a give- at explaining why I think it is impor- safest food supply in the world. away the farm bill is is that the Envi- tant that we do have a farm bill. In the United States, we have no ronmental Working Group put up a The first reason I will mention that I foot-and-mouth disease, where many Web site this past year in which they think is important is that farming is a other countries do have that in their published the farm payments to all unique industry and the first thing we livestock herds. We have no mad cow those who received payments over the might mention is that farming is al- disease, or BSE, in this country. We do last 4 years. Naturally, it is the excep- most totally weather-dependent. If we not use DDT. We do not use dangerous tion that catches our eye. think about it, just think of any indus- chemicals in our livestock and in our A lot has been made about the fact try that you can think of and you crops. So for all of this, we have a very that Scotty Pippen, the professional would be hard-pressed to find one that safe food supply, we have a very diverse basketball player, received some farm was almost totally dependent on the food supply, and we are totally self-suf- payments. He probably owned a farm weather. So a farmer can plant at the ficient. We do not have to import, al- and probably qualified for some farm right time. He can put his fertilizer on though we do import some, but we payments. at the right time. He can do everything would not have to import to sustain right. And if he has a hail storm the b 2030 ourselves. day before he harvests, he has nothing. Then lastly, I would like to make the But the typical farmer, the average He could be totally wiped out in 20 point that we spend less than 10 per- person who is in farming and ranching, minutes. Or if he does everything right cent of our total income on food. Now, is not Scottie Pippin. They point out and he has no rain and he has dry most countries spend much more than the fact that some people make large crops, he has got no crop at all. If his that. They spend 15, 20, sometimes 25 or amounts of money. And the assump- irrigation water gets shut off, which 30 percent of their total income to pur- tion is if somebody got a $200,000 check happened in many parts of the West chase food. In the United States, we or a $300,000 check or a $500,000 check, this year halfway during the growing have a cheap food supply that is safe, that that is net profit, that that farmer season, he makes no crops. So all agri- that is diverse, and is the best in the took that check to the bank and put it culture is almost totally dependent on world. For that, we are spending rough- away because it was profit. the weather. ly one-half of 1 percent. Let us take a hypothetical situation Secondly, in agriculture it is almost Another common myth is that farm- here. Let us suppose someone has 2,000 impossible to control inventory. That ers are getting rich off of this farm pro- acres of corn, which is a large but not may sound like a strange thing to say, gram. Let me just go through a few real large farm in our part of the coun- but when you plant your crop in the numbers here. Last year in the State of try. spring you have absolutely no way of Nebraska, we lost 1,000 farmers in 1 Let us say the cost of the production knowing what the worldwide produc- year. There are not that many to lose for a bushel of corn is $2.20 a bushel, tion is going to be in the fall. You do anymore. We are down to under 2 mil- which is about what it is. So by the not know whether there will a drought lion farmers and ranchers in the United time you bought your seeds, you in China. You do not know what the States, whereas at one time it was bought your fertilizer, you planted, production of the United States will be. many, many times that. you put on some water if you irrigate, For instance, if we took corn as an In 1987, there were 12,600 farmers and you bought your machinery and it example this year when we planted, under the age of 35 in the State of Ne- is about $2.20 a bushel. But in recent people assumed that we would have 10 braska. Ten years later, in 1997, accord- years the price that you receive at the billion bushels of corn as a harvest. ing to the U.S. census figures, the num- marketplace for a bushel of corn is But because of the drought we will ber of farmers under the age of 35 in about $1.70 a bushel, some cases more, have less than 9 billion bushels, so no the State of Nebraska was 5,500, so that some cases less. one can control that inventory. If you is less than half of what we had 10 So what it means is that the cost of are making Ford automobiles and you years before. That is a trend that is production is about 50 cents higher have too many Ford Explorers out seen throughout rural America, not in than what you receive in the market- there, you simply shut down an assem- Nebraska but in all States everywhere. place. So if you produce 200 bushels of bly line. Instead of operating 24 hours a So we are running out of young farm- corn per acre, that means you are los- day, you operate 14 hours a day. If you ers, and we are running out of farmers, ing $100 per acre. If you have 2,000 acres are making suits of clothes and there period. If it was so lucrative, if this of corn, that means you have lost are too many in the store and you can- was something that was a get-rich- $200,000 simply in terms of what your not sell them, you simply cut down the quick scheme, then we would certainly cost of production was in comparison production. But in farming there is no see more young people coming into it. to what you receive at the market- way in the spring that you can control We would certainly see more people place. inventory because you do not know staying in farming and more people in So if that farmer gets a $200,000 pay- what is going to happen during the ranching. ment, he does not have any net profit. growing season. So inventory is impos- The facts are that this is a very, very He has not even paid himself a salary. sible to control. difficult profession; and it is very, very He has nothing left for his family. He A third factor is producers do not set hard to make a living in it. has simply covered the cost of produc- the price. In farming, interestingly One of the things that I have noticed tion. enough, you do not say, well, I am in traveling my district is that out of If he is a larger farmer and he has going to charge $2.50 per bushel of corn. the poorest counties in the United 5,000 acres of corn, he would get a pay- You go down to the elevator and you States, the three poorest counties, one, ment of $500,000 under this set of fig- say, What will you give me? If the ele- two, and three in ranking, are in my ures to break even. And so what we are vator operator says, We will give you district in Nebraska. These counties seeing here are some false assumptions, $1.90, that is what you get. If they say are totally rural. They relay totally the assumption that because someone $1.70, that is what you get. But in al- upon farming and ranching. There are is getting a payment from the govern- most every other industry, if you are no metropolitan areas, or there is not ment is that they are getting wealthy, manufacturing an automobile, if you even a large town in any of these coun- that they are putting that money in put a sticker on there of $25,000, if you ties. So when we talk about per capita the bank, when in actuality many peo- make a suit of clothes, it is $400, $500,

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.103 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6039 if it is a box of grapenuts, that is $3. culture roughly $45 per acre which is makes some sense. We will take a look But the producer sets the price. In ag- one-sixth of the European Union and, at it at this time. riculture the price is set for the proof course, much, much less than what Mr. Speaker, what we are going to do ducer. So again that is a little bit dif- Japan subsidizes their agriculture. And now is just focus in on 2002. As I men- ferent than most any other industry. so just to maintain some type of par- tioned earlier, what was budgeted, the Fourthly, farming is critical to na- ity, we have to have some type of farm predicted cost of the farm bill for this tional security. We have to have a food program, some type of price support so year, the new farm bill, was going to be supply. If you do not have a food sup- we can be competitive with these other roughly $19 billion. In actual fact, as I ply, you are in bad shape. Let me give countries. mentioned earlier, what we are going you an example of how this can work. Also I think it is important to under- to spend, based on August prices, is About 15, 20 years ago in the petroleum stand that land, labor and production probably going to be about $14 billion, industry we found that we could get pe- costs vary widely worldwide. I was in maybe a little bit less, that we will troleum from OPEC for roughly $10 a Brazil in January. It is very inter- spend this year, which leaves a short- barrel, $10, $12 a barrel and it was cost- esting, you can buy topflight soil down fall of roughly $5 billion. ing us about double that amount to there, topflight land, the topsoil is 50 You say why did that happen? How produce petroleum here in the United feet deep. In many cases you can grow could that be? How could you be off by States. So we said, okay, we will take two crops because of the rainfall and $5 billion? What has happened, as men- you up on this, OPEC, we will buy from the weather, and that land will cost an tioned earlier, the estimated corn pro- you. And as a result we began to shut average of about 100 or $500 an acre, duction for this year was going to be down our exploration. We shut down probably an average of about $250 an just slightly under 10 billion bushels of some of our refineries, some of the acre. That land is equivalent to the corn. What it looks like now that the pipelines, and we began to reduce our very best land in the United States. growing season is almost done is that production and we farmed our petro- That land in the United States would we are going to have roughly 8.9 billion leum industry overseas. And now we cost somewhere between 2,000 and bushels of corn primarily because of find that we were roughly 60 percent $3,000 per acre. So we are dealing in the drought in those States that we dependent on foreign oil. Much of that multiples of ten here. saw on the map earlier. So our produc- is from OPEC. And, of course, we are Farm labor in Brazil averages some- tion for corn, for soybeans, for sor- very concerned because we are so de- where around 50 cents an hour. The ghum, for rye, for barley, and for wheat pendent on countries that are so vola- United States, it would be 8, 9, 10, $11 is going to be down about 10 percent tile and many of whom do not like us. an hour. So again our costs are much across the country. And as a result, we And so the situation can be very simi- higher. will not need farm supports because lar in farming. The other thing that is different prices are higher. We have less product, If we do not have a farm program, if about Brazil and the United States is so when you have less product, the de- we do not support our farmers in some that there are very, very few environ- mand is greater, and when the demand way, very quickly much of our agri- mental regulations. In the United is greater, the prices are higher. culture will be sent overseas. And that States the agriculture people have to So instead of $1.70, $1.80 for corn, we $10, $12 a barrel that we paid OPEC for comply with clean air, clean water will see something like $2.50, $2.60 per the last 10 or 12 years is now in the 20s. standards, use the right kinds of pes- bushel. The same thing for wheat, soy- And furthermore, many people have es- ticides and fertilizers and so on, so it is beans and other products. timated that when you figure out the a more expensive proposition. So what b 2045 cost of the Gulf War, which was basi- we are saying is if we do not have a cally over oil, maintaining a fleet in farm program, we are really at the So when we have higher prices, the the Gulf, maintaining a military pres- mercy of the European Union and other government does not have to provide ence in the Middle East because of oil, countries who subsidize agriculture. the price supports. There will be no that our actual cost of oil has not been And we are also at the mercy of those loan deficiency payments. There will $10 a barrel, it has not been $20 a bar- developing countries who have ex- probably be no countercyclical pay- rel, it has been somewhere between 70 tremely low production costs. ments this year so there will be a sav- and $100 a barrel. That is what we have We think that for $45 per acre in the ing of roughly $5 billion this year. actually spent on our oil supply to United States, we receive a tremendous What the gentleman from Kansas keep it safe and keep it coming to the benefit at a very reasonable price when (Mr. MORAN) and the gentleman from United States. looked at the worldwide situation. So I South Dakota (Mr. THUNE) and myself Now that can happen very quickly to think that this here is something that are proposing is that we take this dif- agriculture. If you do not support your we might think about a little bit. ference of $5 billion and we allocate farmers, if you let all of our farmers So you might say, well, given all of that in the form of disaster assistance fail, it is not long before our food sup- these facts and given the fact that we to those very people who have, because ply goes overseas and then you are at have a drought and maybe people will of their loss of crops, because of the the mercy of other people for your food concede the fact that the farm bill is crop failure that have caused this gap supply. We cannot afford to do this. not quite as bad as it has been por- to occur, because if they had not had This is a national security issue to trayed. Maybe the President did not the crop failure we probably would not some degree which many people do not sell out. Maybe the President did a have the higher prices, we probably think about because we assume every pretty good thing by signing the farm would have had more government pay- time we go to the grocery store you bill. If all this is true, then what do we ments coming out and so we need to do will have what you need. So you take do? What do we do to resolve the situa- something for those people who have it for granted, but it is not something tion with the drought? What can be had the trouble. we can take for granted. done with those farmers who are hang- Of course, the other thing we might Fifth, there is no level playing field ing on? There is no question in talking mention here is that the livestock pro- worldwide. It is important to under- with those people who are bankers and ducers basically receive almost no Fed- stand this: The European Union has agriculture lenders that we will lose eral subsidies. Whatever they receive is been very critical of our farm policy. more farmers and ranchers this year very, very minimal in the form of They do not like us having any type of than we ever have because of the equipment dollars, and so the livestock farm support. Yet in the European drought situation. people who have lost their pasture and Union they subsidize their agriculture So what is the possible solution to feed and herds in many cases are really roughly $300 per acre; $300 per acre in this? And I think that what we would on the verge of simply going out of ex- the European Union. Japan subsidizes like to do here is talk a little bit about istence in many areas. So we think their agriculture more than $1,000 per a proposal that the gentleman from that they need to have some aid here acre. South Dakota (Mr. THUNE), the gen- along with the crop producers. In the United States with our farm tleman from Kansas (Mr. MORAN) and Anyway, this is our proposal. We say program we would subsidize our agri- myself have introduced that we think let us take this gap here, let us take

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.104 H04PT1 H6040 CONGRESSIONAL RECORD — HOUSE September 4, 2002 this money here and let us give it back Mrs. MINK of Hawaii (at the request received under the Alaska Native Claims to the people who were hurt so badly, of Mr. GEPHARDT) for today and the Settlement Act for certain land interests on that caused the prices to go up and re- balance of the week on account of ill- Adak Island, and for other purposes, to the sulted in no price supports and very ness. Committee on Resources and the Committee ´ on Armed Services. low farm payments that has resulted in Ms. VELAZQUEZ (at the request of Mr. S. 1339. An act to amend the Bring Them the $5 billion shortfall. GEPHARDT) for today and the balance of Home Alive Act of 2000 to provide an asylum One of the solutions that many peo- the week on account of a family emer- program with regard to American Persian ple have advocated is that we simply gency. Gulf War POW/MIAs, and for other purposes, take the money out of the new farm Ms. BALDWIN (at the request of Mr. to the Committee on the Judiciary and the bill, and my hypothesis here and the GEPHARDT) for today on account of a Committee on International Relations. reason I am appearing on the floor to- flight delay. S. 1843. An act to extend certain hydroelectric licenses in the State of Alaska, to night is to explain to people that this Mrs. BONO (at the request of Mr. is something that absolutely cannot the Committee on Energy and Commerce. ARMEY) for today and the balance of S. 1852. An act to extend the deadline for happen. We have shown earlier that the the week on account of family reasons. commencement of construction of a hydro- new farm bill does not appear to be Mr. HASTINGS of Washington (at the electric project in the State of Wyoming, to more expensive than what we were request of Mr. ARMEY) for today and the Committee on Energy and Commerce. doing. It seems to be more accountable. the balance of the week on account of S. 1894. An act to direct the Secretary of It provides a better safety net, and the illness in the family. the Interior to conduct a special resource other thing to remember is that there study to determine the national significance is an 80 percent increase in conserva- f of the Miami Circle site in the State of Flor- tion payments. Most environmental- ida as well as the suitability and feasibility SPECIAL ORDERS GRANTED of its inclusion in the National Park System ists, most people in cities, most people By unanimous consent, permission to as part of Biscayne National Park, and for around the country would say, yeah, address the House, following the legis- other purposes, to the Committee on Re- we need to protect our environment, lative program and any special orders sources. and the farm bill does this. S. 1907. An act to direct the Secretary of heretofore entered, was granted to: The other thing that is in the farm the Interior to convey certain land to the bill that we did not want to see at- (The following Members (at the re- city of Haines, Oregon, to the Committee on tacked is rural economic development. quest of Mr. MCNULTY) to revise and Resources. We are losing young people at a tre- extend their remarks and include ex- S. 1946. An act to amend the National mendous rate in rural America. They traneous material:) Trails System Act to designate the Old Mr. DEFAZIO, for 5 minutes, today. Spanish Trail as a National Historic Trail, to are simply leaving and they are not the Committee on Resources. coming back. If we do not do some- Mrs. DAVIS of California, for 5 minutes, today. S. 2037. An act to mobilize technology and thing to diversify the economy, if we science experts to respond quickly to the do not do something to shore up our Mrs. CLAYTON, for 5 minutes, today. threats posed by terrorist attacks and other rural areas and to build up our small Ms. JACKSON-LEE of Texas, for 5 min- emergencies, by providing for the establish- towns and to bring in broadband serv- utes, today. ment of a national emergency technology ices where they can have high speed (The following Members (at the re- guard, a technology reliability advisory Internet access, we are simply going to quest of Mr. KINGSTON) to revise and board, and a center for evaluating antiterrorism and disaster response tech- have a more and more difficult time extend their remarks and include extraneous material:) nology within the National Institute of and we are going to unravel more and Standards and Technology, to the Com- Mr. PAUL, for 5 minutes, today. more. mittee on Science, to the Committee on We think this is a responsible solu- Ms. ROS-LEHTINEN, for 5 minutes, Transportation and Infrastructure, and to tion. It does not break the budget be- today. the Committee on Energy and Commerce. cause we are not talking about spend- Mr. MORAN of Kansas, for 5 minutes, S. 2549. An act to ensure that child employing money over and above what we today. ees of traveling sales crews are protected thought we were going to spend in the Mr. HORN, for 5 minutes, today. under the Fair Labor Standards Act of 1938, first place. The House has a budget. Mr. NUSSLE, for 5 minutes, today. to the Committee on Education and the Workforce. The House has to stay with a budget. f S. 2558. An act to amend the Public Health The other body does not have a budget; Service Act to provide for the collection of therefore, they can propose whatever SENATE BILLS REFERRED data on benign brain-related tumors through they want to and then ask the Presi- Bills and a concurrent resolution of the national program of cancer registries, to dent to pass it or veto it. In our case, the Senate of the following titles were the Committee on Energy and Commerce. we have to stay within the budget. In taken from the Speaker’s table and, S. Con. Res. 137. Concurrent resolution ex- this case, we feel that we are staying under the rule, referred as follows: pressing the sense of Congress that the Fed- eral Mediation and Conciliation Service within the budget, and we think it is S. 691. An act to direct the Secretary of the best thing for agriculture. We should exert its best efforts to cause the Agriculture to convey certain land in the Major League Baseball Players Association think it is the best thing for the coun- Lake Tahoe Basin Management Unit, Ne- and the owners of the teams of Major League try because it is not in the national in- vada, to the Secretary of the Interior, in Baseball to enter into a contract to continue terest to see a bunch of farmers and trust for the Washoe Indian Tribe of Nevada to play professional baseball games without ranchers go out of business because of and California, to the Committee on Re- engaging in a strike, a lockout, or any con- the draught. sources. duct that interferes with the playing of Mr. Speaker, I conclude my remarks S. 1010. An act to extend the deadline for scheduled professional baseball games, to the and we certainly urge consideration for commencement of construction of a hydro- Committee on Education and the Workforce. electric project in the State of North Caro- those farmers and ranchers out there lina, to the Committee on Energy and Com- f who are struggling with drought. We merce. ENROLLED BILLS SIGNED hope some disaster assistance will be S. 1227. An act to authorize the Secretary forthcoming, and we certainly hope of the Interior to conduct a study of the suit- Mr. Trandahl, Clerk of the House, re- that my colleagues here on the floor of ability and feasibility of establishing the Ni- ported and found truly an enrolled bill the House will see fit to help them out agara Falls National Heritage Area in the of the House of the following title, in the near future. State of New York, and for other purposes, which was thereupon signed by the to the Committee on Resources. Speaker Pro Tempore, FRANK WOLF on f S. 1240. An act to provide for the acquisi- August 2, 2002. LEAVE OF ABSENCE tion of land and construction of an inter- H.R. 3009. An act to extend the Andean By unanimous consent, leave of ab- agency administrative and visitor facility at Trade Preference Act, to grant additional the entrance to American Fork Canyon, sence was granted to: trade benefits under that Act, and for other Utah, and for other purposes, to the Com- purposes. Ms. CARSON of Indiana (at the request mittee on Resources. of Mr. GEPHARDT) for today and the S. 1325. An act to ratify an agreement be- Mr. Trandahl, Clerk of the House, re- balance of the week on account of offi- tween the Aleut Corporation and the United ported and found truly enrolled bills of cial business in the district. States of America to exchange land rights the House of the following titles, which

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K04SE7.107 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6041 were thereupon signed by the Speaker sented to the President of the United rule — Citrus Canker; Removal of Quar- Pro Tempore, FRANK WOLF on August States, for his approval, the following antined Area [Docket No. 02-029-2] received 7, 2002. bill. August 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- H.R. 223. An act to amend the Clear Creek H.R. 3009. To extend the Andean Trade culture. County, Colorado, Public Lands Transfer Act Preference Act, to grant additional trade 8382. A letter from the Congressional Re- of 1993 to provide additional time for Clear benefits under the Act, and for other purview Coordinator, Animal and Plant Health Creek County to dispose of certain lands poses. Inspection Service, Department of Agri- transferred to the county under the Act. culture, transmitting the Department’s final H.R. 309. An act to provide for the deter- Jeff Trandahl, Clerk of the House reports that on August 13, 2002 he pre- rule — Agricultural Bioterrorism Protection mination of withholding tax rates under the Act of 2002; Listing of Biological Agents and Guam income tax. sented to the President of the United Toxins and Requirements and Procedures for H.R. 601. An act to redesignate certain States, for his approval, the following Notification of Possession [Docket No. 02- lands within the Craters of the Moon Na- bills. 082-1] (RIN: 0579-AB47) received August 23, tional Monument, and for other purposes. H.R. 223. To amend the Clear Creek Coun- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 1384. An act to amend the National ty, Colorado, Public Lands Transfer Act of Committee on Agriculture. Trails System Act to designate the route in 1993 to provide additional time for Clear 8383. A letter from the Congressional Re- Arizona and New Mexico which the Navajo Creek County to dispose of certain lands view Coordinator, Animal and Plant Health and Mescalero Apache Indian tribes were transferred to the county under the Act. Inspection Service, Department of Agri- forced to walk in 1863 and 1864, for study for H.R. 309. To provide for the determination culture, transmitting the Department’s final potential addition to the National Trails of withholding tax rates under the Guam in- rule — Microchip Implants as an Official System. come tax. Form of Identification for Pet Birds [Docket H.R. 1456. An act to expand the boundary of No. 01-023-2] received August 23, 2002, pursu- H.R. 601. To redesignate certain lands with- the Booker T. Washington National Monu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee in the Craters of the Moon National Monu- ment, and for other purposes. on Agriculture. H.R. 1576. An act to designate the James ment, and for other purposes. 8384. A letter from the Principal Deputy Peak Wilderness and Protection Area in the H.R. 1384. To amend the National Trails Associate Administrator, Enviromental Pro- Arapaho and Roosevelt National Forests in System Act to designate the route in Ari- tection Agency, transmitting the Agency’s the State of Colorado, and for other pur- zona and New Mexico which the Navajo and final rule — Azoxystrobin; Pesticide Toler- poses. Mescalero Apache Indian tribes were forced ances for Emergency Exemptions [OPP-2002- H.R. 2068. An act to revise, codify, and to walk in 1863 and 1864, for study for poten- 0210; FRL-7195-9] received August 21, 2002, enact without substantive change certain tial addition to the National Trails System. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- general and permanent laws, related to pub- H.R. 1456. To expand the boundary of the mittee on Agriculture. lic buildings, property, and works, as title 40, Booker T. Washington National Monument, 8385. A letter from the Principal Deputy United States Code, ‘‘Public Buildings, Prop- and for other purposes. Associate Administrator, Environmental erty, and Works’’. H.R. 1576. To designate the James Peak Protection Agency, transmitting the Agen- H.R. 2234. An act to revise the boundary of Wilderness and Protection Area in the Arap- cy’s final rule — Chlorsulfuron; Pesticide the Tumacacori National Park in the State aho and Roosevelt National Forests in the Tolerance [OPP-2002-0181; FRL-7192-9] re- of Arizona. State of Colorado, and for other purposes. ceived August 7, 2002, pursuant to 5 U.S.C. H.R. 2440. An act to rename Wolf Trap H.R. 2068. To revise, codify, and enact with- 801(a)(1)(A); to the Committee on Agri- Farm Park as ‘‘Wolf Trap National Park for out substantive change certain general and culture. the Performing Arts’’, and for other pur- permanent laws, related to public buildings, 8386. A letter from the Principal Deputy poses. property, and works, as title 40, United Associate Administrator, Environmental H.R. 2441. An act to amend the Public States Code, ‘‘Public Buildings, Property, Protection Agency, transmitting the Agen- Health Service Act to redesignate a facility and Works’’. cy’s final rule — Acephate, Amitraz, as the National Hansen’s Disease Programs H.R. 2234. To revise the boundary of the Carbaryl, Chlorpyrifos, Cryolite, et al.; Tol- Center, and for other purposes. Tumacacori National Historical Park in the erance Revocations [OPP-2002-0155; FRL-7191- H.R. 2643. An act to authorize the acquisi- State of Arizona. 4] received July 31, 2002, pursuant to 5 U.S.C. tion of additional lands for inclusion in the H.R. 2440. To rename Wolf Trap Farm Park 801(a)(1)(A); to the Committee on Agri- Fort Clatsop National Memorial in the State as ‘‘Wolf Trap National Park for the Per- culture. 8387. A letter from the Principal Deputy of Oregon, and for other purposes. forming Arts’’, and for other purposes. Associate Administrator, Environmental H.R. 3343. An Act to amend title X of the H.R. 2441. To amend the Public Health Protection Agency, transmitting the Agen- Energy Policy Act of 1992, and for other pur- Service Act to redesignate a facility as the cy’s final rule — Fludioxonil; Pesticide Tol- poses. National Hansen’s Disease Programs Center, H.R. 3380. An Act to authorize the Sec- erance [OPP-2002-0158; FRL-7188-7] received and for other purposes. July 31, 2002, pursuant to 5 U.S.C. retary of the Interior to issue right-of-way H.R. 2643. To authorize the acquisition of permits for natural gas pipelines within the 801(a)(1)(A); to the Committee on Agri- additional lands for inclusion in the Fort culture. boundary of Great Smoky Mountains Na- Clatsop National Memorial in the State of tional Park. 8388. A letter from the Principal Deputy Oregon, and for other purposes. Associate Administrator, Environmental f H.R. 3343. To amend title X of the Energy Protection Agency, transmitting the Agen- BILLS PRESENTED TO THE Policy Act of 1992, and for other purposes. cy’s final rule — 1-Methylcyclopropene; Ex- H.R. 3380. To authorize the Secretary of PRESIDENT emption from the Requirement of a Toler- the Interior to issue right-of-way permits for ance [OPP-2002-0142; FRL-7187-4] received Jeff Trandahl, Clerk of the House re- natural gas pipelines within the boundary of July 24, 2002, pursuant to 5 U.S.C. ports that on July 26, 2002 he presented Great Smoky Mountains National Park. 801(a)(1)(A); to the Committee on Agri- to the President of the United States, f culture. for his approval, the following bill. 8389. A letter from the Principal Deputy ADJOURNMENT Associate Administrator, Environmental H.R. 3763. To protect investors by improv- Protection Agency, transmitting the Agen- ing the accuracy and reliability of corporate Mr. OSBORNE. Mr. Speaker, I move cy’s final rule — Bifenthrin; Pesticide Toler- disclosures made pursuant to the securities that the House do now adjourn. ances for Emergency Exemptions [OPP-2002- laws, and for other purposes. The motion was agreed to; accord- 0145; FRL-7187-8] received July 24, 2002, pur- Jeff Trandahl, Clerk of the House re- ingly (at 8 o’clock and 49 minutes suant to 5 U.S.C. 801(a)(1)(A); to the Com- ports that on July 30, 2002 he presented p.m.), the House adjourned until to- mittee on Agriculture. to the President of the United States, morrow, Thursday, September 5, 2002, 8390. A letter from the Principal Deputy for his approval, the following bills. Associate Administrator, Environmental at 10 a.m. Protection Agency, transmitting the Agen- H.R. 1209. To amend the Immigration and f cy’s final rule — 2-Propenoic acid, 2-methyl- Nationality Act to determine whether an , polymer with ethyl 2-propenoate and meth- alien is a child, for purpose of classification EXECUTIVE COMMUNICATIONS, yl 2-methyl-2-propenoate, ammonium salt; as an immediate relative, based on the age of ETC. Tolerance Exemption [OPP-2002-0148; FRL- the alien on the date the classification peti- 7188-3] received August 2, 2002, pursuant to 5 tion with respect to the lien is filed, and Under clause 8 of rule XII, executive communications were taken from the U.S.C. 801(a)(1)(A); to the Committee on Ag- H.R. 3487. To amend the Public Health riculture. Service Act with respect to health profes- Speaker’s table and referred as follows: 8391. A letter from the Principal Deputy sions programs regarding the field of nurs- 8381. A letter from the Congressional Re- Associate Administrator, Environmental ing. view Coordinator, Animal and Plant Health Protection Agency, transmitting the Agen- Jeff Trandahl, Clerk of the House re- Inspection Service, Department of Agri- cy’s final rule — Metsulfuron Methyl; Pes- ports that on August 2, 2002 he pre- culture, transmitting the Department’s final ticide Tolerance [OPP-2002-0160; FRL-7189-2]

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.039 H04PT1 H6042 CONGRESSIONAL RECORD — HOUSE September 4, 2002 received August 2, 2002, pursuant to 5 U.S.C. 2002-0176; FRL-7191-5] received August 15, by military and civilian personnel in the De- 801(a)(1)(A); to the Committee on Agri- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment of the Navy for possible perform- culture. Committee on Agriculture. ance by private contractors, pursuant to 10 8392. A letter from the Principal Deputy 8403. A letter from the Principal Deputy U.S.C. 2461; to the Committee on Armed Associate Administrator, Environmental Associate Administrator, Environmental Services. Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- 8415. A letter from the Under Secretary, cy’s final rule — Methyl Anthranilate; Ex- cy’s final rule — Imidacloprid; Re-Establish- Department of Defense, transmitting the De- emption from the Requirement of a Toler- ment of Tolerance for Emergency Exemp- partment’s certification with respect to the ance [OPP-2002-0106; FRL-7189-7] received Au- tions [OPP-2002-0150; FRL-7188-4] received CH-47F Improved Cargo Helicopter (ICH), gust 2, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); August 15, 2002, pursuant to 5 U.S.C. Chemical Demilitarization Program, LPD 17 to the Committee on Agriculture. 801(a)(1)(A); to the Committee on Agri- Amphibious Transport Dock Ship, Multiple 8393. A letter from the Principal Deputy culture. Launch Rocket System Upgrade, Space Associate Administrator, Environmental 8404. A communication from the President Based Infrared System High, and United Protection Agency, transmitting the Agen- of the United States, transmitting requests States Marine Corps H-1 Upgrades, pursuant cy’s final rule — Dichlormid; Extension of for FY 2003 budget amendments for the De- to 10 U.S.C. 2433(e)(2)(B)(i); to the Committee Time-Limited Pesticide Tolerance [OPP- partment of Energy; (H. Doc. No. 107—255); to on Armed Services. 2002-0149; FRL-7192-5] received August 2, 2002, the Committee on Appropriations and or- 8416. A letter from the Under Secretary, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- dered to be printed. Acquisition, Technology, and Logistics, De- mittee on Agriculture. 8405. A communication from the President partment of Defense, transmitting the Se- 8394. A letter from the Principal Deputy of the United States, transmitting his re- lected Acquisition Reports (SARs) for the Associate Administrator, Environmental quest to make available appropriations for quarter ending June 30, 2002, pursuant to 10 Protection Agency, transmitting the Agen- the Low Income Home Energy Assistance U.S.C. 2432; to the Committee on Armed cy’s final rule — Triflumizole; Pesticide Tol- Program of the Department of Health and Services. erance for Emergency Exemption [OPP-2002- Human Services, in accordance with Public 8417. A letter from the Under Secretary, 0183; FRL-7194-4] received August 21, 2002, Law 107-116; (H. Doc. No. 107—256); to the Department of Defense, transmitting the Na- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Appropriations and ordered to tional Defense Stockpile Annual Materials mittee on Agriculture. be printed. Plan for fiscal year 2003, pursuant to 50 8395. A letter from the Principal Deputy 8406. A communication from the President U.S.C. 98h—5; to the Committee on Armed Associate Administrator, Environmental of the United States, transmitting his re- Services. 8418. A letter from the Under Secretary for Protection Agency, transmitting the Agen- quests for FY 2003 budget amendments for Acquisition, Technology, and Logistics, De- cy’s final rule — Thiophanate-methyl; Pes- the Departments of Health and Human Serv- partment of Defense, transmitting certifi- ticide Tolerance [OPP-2002-0140; FRL-7192-1] ices and Transportation, and for Inter- cation that it would be unreasonably expen- received August 21, 2002, pursuant to 5 U.S.C. national Assistance Programs; (H. Doc. No. sive and impracticable to conduct Full-Up, 801(a)(1)(A); to the Committee on Agri- 107—260); to the Committee on Appropria- System-Level Live Fire Test and Evaluation culture. tions and ordered to be printed. on all three variants of the Joint Strike 8396. A letter from the Principal Deputy 8407. A communication from the President Fighter aircraft, pursuant to 10 U.S.C. Associate Administrator, Environmental of the United States, transmitting notifica- 2366(c)(1); to the Committee on Armed Serv- Protection Agency, transmitting the Agen- tion of the intention to reallocate funds pre- ices. cy’s final rule — Iprovalicarb; Pesticide Tol- viously transferred from the Emergency Re- 8419. A letter from the Under Secretary, erance [OPP-2002-0203; FRL-7194-3] received sponse Fund; (H. Doc. No. 107—258); to the Acquisition, Technology and Logistics, De- August 21, 2002, pursuant to 5 U.S.C. Committee on Appropriations and ordered to partment of Defense, transmitting a report 801(a)(1)(A); to the Committee on Agri- be printed. on restructuring costs associated with Busi- culture. 8408. A communication from the President ness Combinations, March 1, 2002, pursuant 8397. A letter from the Principal Deputy of the United States, transmitting his re- to Public Law 105—85 section 804(a)(1) (111 Associate Administrator, Environmental quests for emergency FY 2002 supplemental Stat. 1832); to the Committee on Armed Protection Agency, transmitting the Agen- appropriations for the Forest Service within Services. cy’s final rule — Clomazone; Pesticide Toler- the Department of Agriculture and the Bu- 8420. A letter from the Deputy Secretary, ance [OPP-2002-0178; FRL-7192-2] received Au- reau of Land Management within the De- Department of Defense, transmitting the De- gust 21, 2002, pursuant to 5 U.S.C. partment of the Interior; (H. Doc. No. 107— partment’s final report on the Pharmacy 801(a)(1)(A); to the Committee on Agri- 259); to the Committee on Appropriations Benefits Program, pursuant to 10 U.S.C. culture. and ordered to be printed. 1074g(b) note Public Law 106—65, section 701; 8398. A letter from the Principal Deputy 8409. A letter from the Executive Director, to the Committee on Armed Services. Associate Administrator, Environmental Air Transportation Stabilization Board, 8421. A letter from the Under Secretary of Protection Agency, transmitting the Agen- transmitting a report of a violation of the Defense, Acquisition, Technology and Logis- cy’s final rule — Pyriproxyfen; Pesticide Antideficiency Act, pursuant to 31 U.S.C. tics, Department of Defense, transmitting a Tolerance [OPP-2002-0215; FRL-7195-7] re- 1351; to the Committee on Appropriations. letter notifying Congress of the intent to ob- ceived August 27, 2002, pursuant to 5 U.S.C. 8410. A letter from the Chairperson, Na- ligate funds for one new FY 2002 out-of-cycle 801(a)(1)(A); to the Committee on Agri- tional Council On Disability, transmitting a Foreign Comparative Testing (FCT) project, culture. report of a violation of the Antideficiency pursuant to 10 U.S.C. 2350a(g); to the Com- 8399. A letter from the Principal Deputy Act, pursuant to 31 U.S.C. 1351; to the Com- mittee on Armed Services. Associate Administrator, Environmental mittee on Appropriations. 8422. A letter from the Under Secretary, Protection Agency, transmitting the Agen- 8411. A letter from the Director, Office of Acquisition and Technology, Department of cy’s final rule — Imazethapyr; Pesticide Tol- National Drug Control Policy, transmitting Defense, transmitting a report on the De- erance [OPP-2002-0189; FRL-7193-4] received a letter to advise how ONDCP will obligate partment’s certification with respect to the August 27, 2002, pursuant to 5 U.S.C. the Fiscal Year (FY) 2002 High Intensity CH-47F Improved Cargo Helicopter (ICH), 801(a)(1)(A); to the Committee on Agri- Drug Trafficking (HIDTA) Program discre- Chemical Demilitarization Program, LPD 17 culture. tionary funds; to the Committee on Appro- Amphibious Transport Dock Ship, Multiple 8400. A letter from the Principal Deputy priations. Launch Rocket System (MLRS) Upgrade, Associate Administrator, Environmental 8412. A letter from the Under Secretary for Space Based Infrared System (SBIRS) High, Protection Agency, transmitting the Agen- Acquisition, Technology, and Logistics, De- and United States Marine Corps (USMC) H-1 cy’s final rule — Fosetyl-Al; Pesticide Toler- partment of Defense, transmitting certifi- Upgrades major defense acquisition pro- ances [OPP-2002-0144; FRL-7195-1] received cation that realistic survivability and grams, pursuant to 10 U.S.C. 2433(e)(2)(B)(i); August 27, 2002, pursuant to 5 U.S.C. lethality testing of the OHIO Class Guided to the Committee on Armed Services. 801(a)(1)(A); to the Committee on Agri- Missile Nuclear Submarine (SSGN) would be 8423. A letter from the Under Secretary, culture. unreasonably expensive and impractical, Department of Defense, transmitting a re- 8401. A letter from the Principal Deputy pursuant to 10 U.S.C. 2366(c)(1); to the Com- port on Federally Funded Research and De- Associate Administrator, Environmental mittee on Armed Services. velopment Center’s Estimated FY 2003 Staff- Protection Agency, transmitting the Agen- 8413. A letter from the Assistant Secretary, years of Technical Effort, pursuant to 10 cy’s final rule — Diflufenzopr; Pesticide Tol- Force Management Policy, Department of U.S.C. 2367(d)(1); to the Committee on Armed erance [OPP-2002-0220;FRL-7195-8] received Defense, transmitting the annual report on Services. August 27, 2002, pursuant to 5 U.S.C. the number of waivers granted to aviators 8424. A letter from the Director, Defense 801(a)(1)(A); to the Committee on Agri- who fail to meet operational flying duty re- Procurement, Department of Defense, trans- culture. quirements, pursuant to 37 U.S.C. 301(a); to mitting the Department’s final rule — De- 8402. A letter from the Principal Deputy the Committee on Armed Services. fense Federal Acquisition Regulation Sup- Associate Administrator, Environmental 8414. A letter from the Assistant Secretary plement; Multiyear Contracting [DFARS Protection Agency, transmitting the Agen- of the Navy, Department of Defense, trans- Case 2000-D303/304] received July 15, 2002, pur- cy’s final rule — Sulfentrazone; Pesticide mitting notification of the Department’s de- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Tolerances for Emergency Exemptions [OPP- cision to study certain functions performed mittee on Armed Services.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6043 8425. A letter from the Director, Defense [DFARS Case 99-D303] received August 7, July 30, 2002, pursuant to 5 U.S.C. Procurement, Department of Defense, trans- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Financial mitting the Department’s final rule — De- Committee on Armed Services. Services. fense Federal Acquisition Regulation Sup- 8437. A letter from the Senior Paralegal, 8450. A letter from the General Counsel, plement; Performance-Based Contracting Department of the Treasury, transmitting Federal Emergency Management Agency, Using Federal Acquisition Regulation Part the Department’s final rule — Mutual Sav- transmitting the Agency’s final rule — 12 Procedures [DFARS Case 2000-D306] re- ings Associations, Mutual Holding Company Changes in Flood Elevation Determinations ceived July 15, 2002, pursuant to 5 U.S.C. Reorganizations, and Conversions From Mu- — received July 30, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed tual to Stock Form [Docket No. 2002-34] 801(a)(1)(A); to the Committee on Financial Services. (RIN: 1550-AB24) received August 1, 2002, pur- Services. 8426. A letter from the Register Liaison Of- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 8451. A letter from the General Counsel, ficer, DOD, Department of Defense, trans- mittee on Financial Services. Federal Emergency Management Agency, mitting the Department’s final rule — Civil- 8438. A letter from the Assistant General transmitting the Agency’s final rule — ian Health and Medical Program of the Uni- Counsel for Regulations, Department of Changes in Flood Elevation Determinations formed Service (CHAMPUS): Enuretic De- Housing and Urban Development, transmit- [Docket No. FEMA-D-7525] received July 30, vices, Breast Reconstructive Surgery, ting the Department’s final rule — Require- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the PFPWD Valid Authorization Period, Early ment of HUD Approval Before a Grantee May Committee on Financial Services. Intervention Services (RIN: 0720-AA70) re- Undertake CDBG-Assisted Demolition of 8452. A letter from the General Counsel, ceived July 11, 2002, pursuant to 5 U.S.C. HUD-Owned Housing Units [Docket No. FR- Federal Emergency Management Agency, 801(a)(1)(A); to the Committee on Armed 4698-F-02] (RIN: 2506-AC10) received July 30, transmitting the Agency’s final rule — Final Services. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Flood Elevation Determinations — received 8427. A letter from the General Counsel of Committee on Financial Services. August 23, 2002, pursuant to 5 U.S.C. the Air Force, Department of Defense, trans- 8439. A letter from the Director, Depart- 801(a)(1)(A); to the Committee on Financial mitting the Department’s final rule — Wake ment of Housing and Urban Development, Services. Island Code (RIN: 0701-AA65) received July transmitting the Department’s final rule — 8453. A letter from the General Counsel, 11, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Safety and Soundness Regulation (RIN: 2550- Federal Emergency Management Agency, the Committee on Armed Services. AA22) received August 23, 2002, pursuant to 5 transmitting the Department’s final rule — 8428. A letter from the Deputy Secretary, U.S.C. 801(a)(1)(A); to the Committee on Fi- Changes in Flood Elevation Determinations Department of Defense, transmitting a re- nancial Services. [Docket No. FEMA-P-7612] received August port required by Section 731 of the National 8440. A letter from the Assistant General 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Defense Authorization Act for Fiscal Year Counsel for Regulations, Department of the Committee on Financial Services. 2001 entitled, ‘‘Mental Health Counselors Housing and Urban Development, transmit- 8454. A letter from the Assistant to the Demonstration Project’’; to the Committee ting the Department’s final rule — Manufac- Board, Federal Reserve Board, transmitting on Armed Services. tured Housing Program Fee [Docket No. FR- the Board’s final rule — Credit by Brokers 8429. A letter from the Director, Defense 4665-F-02] (RIN: 2502-AH62) received August and Dealers; List of Foreign Margin Stocks Procurement, Department of Defense, trans- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to [Regulation T] received August 21, 2002, pur- mitting the Department’s final rule — De- the Committee on Financial Services. suant to 5 U.S.C. 801(a)(1)(A); to the Com- fense Federal Acquisition Regulation Sup- 8441. A letter from the Assistant General mittee on Financial Services. plement; Reporting Requirements Update Counsel for Regulations, Department of 8455. A letter from the Chairman, Securi- [DFARS Case 2002-D010] received July 19, Housing and Urban Development, transmit- ties and Exchange Commission, transmitting 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the ting the Department’s final rule — Public the annual report of the Securities Investor Committee on Armed Services. Housing Agency Plans: Deconcentration- Protection Corporation for the year 2001, 8430. A letter from the Assistant Secretary, Amendments to ‘‘Established Income Range’’ pursuant to 15 U.S.C. 78ggg(c)(2); to the Com- Force Management Policy, Department of Definition [Docket No. FR-4677-F-02] (RIN: mittee on Financial Services. Defense, transmitting notification of the re- 2577-AC31) received August 21, 2002, pursuant 8456. A letter from the Deputy Secretary, vised closure date for the commissary at to 5 U.S.C. 801(a)(1)(A); to the Committee on Securities and Exchange Commission, trans- Point Mugu, California; to the Committee on Financial Services. mitting the Commission’s final rule — Cus- Armed Services. 8442. A letter from the Vice Chairman, Ex- tomer Margin Rules Relating to Security 8431. A letter from the Assistant Secretary, port-Import Bank of the United States, Futures [Release No. 34-46292; File No. S7-16- Department of Defense, transmitting a Re- transmitting a report involving U.S. exports 01] (RIN: 3235-AI22) received August 6, 2002, port on the Technology Development Efforts, to the Republic of Korea, pursuant to 12 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Concept-of-Operations, and Acquisition U.S.C. 635(b)(3)(i); to the Committee on Fi- mittee on Financial Services. Plans to Use Unmanned Aerial Vehicles in nancial Services. 8457. A letter from the Assistant Secretary, Chemical and Biological Defense; to the 8443. A letter from the Vice Chairman, Ex- Department of Education, transmitting Committee on Armed Services. port-Import Bank of the United States, Final Priority — One Rehabilitation Re- 8432. A letter from the Comptroller, De- transmitting a report involving U.S. exports search Training Center Program, pursuant partment of Defense, transmitting notifica- to Taiwan, pursuant to 12 U.S.C. 635(b)(3)(i); to 20 U.S.C. 1232(f); to the Committee on tion that the Defense Finance and Account- to the Committee on Financial Services. Education and the Workforce. ing Service is assessing whether to acquire 8444. A letter from the Vice Chairman, Ex- 8458. A letter from the Acting Assistant desktop computer management services port-Import Bank of the United States, General Counsel for Regulatory Services, De- from a commercial source; to the Committee transmitting a report involving U.S. exports partment of Education, transmitting the De- on Armed Services. to Mexico, pursuant to 12 U.S.C. 635(b)(3)(i); partment’s final rule — Impact Aid Pro- 8433. A letter from the Assistant Secretary, to the Committee on Financial Services. grams (RIN: 1810-AA94) received August 21, Department of Defense, transmitting notifi- 8445. A letter from the Vice Chairman, Ex- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the cation of the intention to pay Critical Skills port-Import Bank of the United States, Committee on Education and the Workforce. Retention Bonuses to selected military per- transmitting a report involving U.S. exports 8459. A letter from the Acting Assistant sonnel and of each military skill to be des- to Canada, pursuant to 12 U.S.C. 635(b)(3)(i); General Counsel for Regulatory Services, De- ignated critical; to the Committee on Armed to the Committee on Financial Services. partment of Education, transmitting the De- Services. 8446. A letter from the Vice Chairman, Ex- partment’s final rule — Title I-Improving 8434. A letter from the Secretary, Depart- port-Import Bank of the United States, the Academic Achievement of the Disadvan- ment of Defense, transmitting notification transmitting a report involving U.S. exports taged (RIN: 1810-AA92) received August 21, that the President approved a new Unified to Mexico, pursuant to 12 U.S.C. 635(b)(3)(i); 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Command Plan that specifies the missions to the Committee on Financial Services. Committee on Education and the Workforce. and responsibilities, including geographic 8447. A letter from the Vice Chairman, Ex- 8460. A letter from the Acting Assistant boundaries, of the unified combatant comport-Import Bank of the United States, General Counsel for Regulations, Office of mands; to the Committee on Armed Services. transmitting a report involving U.S. exports the General Counsel, Department of Edu- 8435. A letter from the Deputy Secretary, to Nigeria, pursuant to 12 U.S.C. 635(b)(3)(i); cation, transmitting the Department’s final Department of Defense, transmitting a letter to the Committee on Financial Services. rule — Disability and Rehabilitation Re- on the approved retirement of Lieutenant 8448. A letter from the Vice Chairman, Ex- search Projects (DRRP) Program — received General Paul K. Carlton, Jr., United States port-Import Bank of the United States, August 1, 2002, pursuant to 5 U.S.C. Air Force, and his advancement to the grade transmitting a report involving U.S. exports 801(a)(1)(A); to the Committee on Education of lieutenant general on the retired list; to to Thailand, pursuant to 12 U.S.C. and the Workforce. the Committee on Armed Services. 635(b)(3)(i); to the Committee on Financial 8461. A letter from the Executive Sec- 8436. A letter from the Director, Defense Services. retary, Harry S. Truman Scholarship Foun- Procurement, Department of Defense, trans- 8449. A letter from the General Counsel, dation, transmitting the Foundation’s an- mitting the Department’s final rule — De- Federal Emergency Management Agency, nual report for 2001, pursuant to 20 U.S.C. fense Federal Acquisition Regulation Sup- transmitting the Agency’s final rule — Final 2012(b); to the Committee on Education and plement; Institutions of Higher Education Flood Elevation Determinations — received the Workforce.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6044 CONGRESSIONAL RECORD — HOUSE September 4, 2002 8462. A letter from the National Council on ical Devices; Reclassification of tain; California-San Joaquin Valley Non- Disability, transmitting the Council’s report Polymethylmethacrylate (PMMA) Bone Ce- attainment Area; PM-10 [CA081-FTA; FRL- entitled ‘‘National Disability Policy: A ment [Docket No. 02P-0294] received August 7250-5] received July 24, 2002, pursuant to 5 Progress Report,’’ pursuant to 29 U.S.C. 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to U.S.C. 801(a)(1)(A); to the Committee on En- 781(a)(8); to the Committee on Education and the Committee on Energy and Commerce. ergy and Commerce. the Workforce. 8473. A letter from the Director, Regula- 8482. A letter from the Principal Deputy 8463. A letter from the Chairman, Federal tions Policy and Management Staff, Depart- Associate Administrator, Environmental Energy Regulatory Commission, transmit- ment of Health and Human Services, trans- Protection Agency, transmitting the Agen- ting the Commission’s report on Government mitting the Department’s final rule — Med- cy’s final rule — New York: Incorporation by dam use charges under section 10(e)(2) of the ical Devices; Apnea Monitor; Special Con- Reference of State Hazardous Waste Manage- Federal Power Act, pursuant to 16 U.S.C. 803; trols [Docket No. 00N-1457] received August ment Program [FRL-7232-3] received July 24, to the Committee on Energy and Commerce. 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8464. A letter from the Chief Counsel, Na- the Committee on Energy and Commerce. Committee on Energy and Commerce. tional Telecommunications and Information 8474. A letter from the Director, Regula- 8483. A letter from the Principal Deputy Administration, Department of Commerce, tions Policy and Management Staff, Depart- Associate Administrator, Environmental transmitting the Department’s final rule — ment of Health and Human Services, trans- Protection Agency, transmitting the Agen- Mandatory Reimbursement Rules for Fre- mitting the Department’s final rule — List- cy’s final rule — Approval of Section 112(1) quency Band or Geographic Relocation of ing of Color Additives Exempt From Certifi- Program of Delegation; Minnesota [MN 67-01- Federal Spectrum-Dependent Systems cation; Sodium Copper Chlorophyllin; Con- 7292(a); FRL-7248-0] received July 17, 2002, [001206341-2027-02] received July 16, 2002, pur- firmation of Effective Date [Docket No. 00C- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 0929] received August 13, 2002, pursuant to 5 mittee on Energy and Commerce. mittee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- 8484. A letter from the Principal Deputy 8465. A letter from the Assistant General ergy and Commerce. Associate Administrator, Environmental Counsel for Regulatory Law, Department of 8475. A letter from the Deputy Assistant Protection Agency, transmitting the Agen- Energy, transmitting the Department’s final Administrator, Office of Diversion Control, cy’s final rule — Underground Injection Con- rule — Greening the Government Require- DEA, Department of Justice, transmitting trol Program Revision; Aquifer Exemption ments in Contracting [AL-2002-05] received the Department’s final rule — Schedules of Determination for Portions of the Lance July 16, 2002, pursuant to 5 U.S.C. Controlled Substances: Rescheduling of the Formation Aquifer in Wyoming [FRL-7247-7] 801(a)(1)(A); to the Committee on Energy and Food and Drug Administration Approved received July 17, 2002, pursuant to 5 U.S.C. Commerce. Product Containing Synthetic Dronabinol 801(a)(1)(A); to the Committee on Energy and 8466. A letter from the Assistant General [(—)-Delta9-(trans)-Tetrahydrocannabinol] in Commerce. 8485. A letter from the Principal Deputy Counsel for Regulatory Law, Department of Sesame Oil and Encapsulated in Soft Gelatin Associate Administrator, Environmental Energy, transmitting the Department’s final Capsules From Schedule II to Schedule III Protection Agency, transmitting the Agen- rule — Domestic and Foreign Procurement [DEA-180F] received July 9, 2002, pursuant to cy’s final rule — Revisions to the California Preference Rules — received August 21, 2002, 5 U.S.C. 801(a)(1)(A); to the Committee on State Implementation Plan, San Joaquin pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Energy and Commerce. Valley Unified Air Pollution Control District mittee on Energy and Commerce. 8476. A letter from the Attorney-Advisor, [CA 261-0362a; FRL-7247-8] received July 17, 8467. A letter from the Regulations Coordi- Department of Transportation, transmitting 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the nator, Department of Health and Human the Department’s final rule — Committee on Energy and Commerce. Services, transmitting the Department’s Anthropomorphic Test Devices; Six-year-old 8486. A letter from the Principal Deputy final rule — Technical Change to Require- Crash Test Dummy [Docket No. NHTSA-02- Associate Administrator, Environmental ments for the Group Health Insurance Mar- 12541] (RIN: 2127-AI00) received July 18, 2002, Protection Agency, transmitting the Agen- ket; Non-Federal Governmental Plans Ex- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cy’s final rule — Approval and Promulgation empt From HIPAA Title I Requirements mittee on Energy and Commerce. of Air Quality Implementation Plans; New 8477. A letter from the Attorney-Adviser, [CMS-2033-IFC] (RIN: 0938-AK00) received Hampshire; VOC RACT Order and Regulation July 25, 2002, pursuant to 5 U.S.C. Department of Transportation, transmitting [NH-047-7173a; A-1-FRL-7243-2] received July 801(a)(1)(A); to the Committee on Energy and the Department’s final rule — 17, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Commerce. Anthropomorphic Test Devices; Hybrid III the Committee on Energy and Commerce. 8468. A letter from the Regulations Coordi- 5th Percentile Female Test Dummy, Alpha 8487. A letter from the Principal Deputy nator, Department of Health and Human Version; Final Rule; Response to Petitions Associate Administrator, Environmental Services, transmitting the Department’s for Recondsideration [Docket No. NHTSA- Protection Agency, transmitting the Agen- ‘‘Major’’ final rule — Standards for Privacy 2000-6940] (RIN: 2127-AI01) received July 16, cy’s final rule — Approval and Promulgation of Individually Identifiable Health Informa- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the of Implementation Plans North Carolina: Ap- tion (RIN: 0991-AB14) received August 9, 2002, Committee on Energy and Commerce. proval of Revisions to Open Burning Regula- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8478. A letter from the Principal Deputy tions Within the Forsyth County Local Im- mittee on Energy and Commerce. Associate Administrator, Environmental plementation Plan [NC 93-200122b; FRL-7206- 8469. A letter from the Director, Regula- Protection Agency, transmitting the Agen- 9] received August 7, 2002, pursuant to 5 tions Policy and Management Staff, Depart- cy’s final rule — Approval and Promulgation U.S.C. 801(a)(1)(A); to the Committee on En- ment of Health and Human Services, trans- of Implementation Plans and Designation of ergy and Commerce. mitting the Department’s final rule — Food Areas for Air Quality Planning Purposes: Or- 8488. A letter from the Principal Deputy Additives Permitted for Direct Addition to egon; Medford Carbon Monoxide Nonattain- Associate Administrator, Environmental Food for Human Consumption; Neotame ment Area [Docket No: OR-01-006a; FRL-7240- Protection Agency, transmitting the Agen- [Docket Nos. 98F-0052 and 99F-0187] received 9] received July 24, 2002, pursuant to 5 U.S.C. cy’s final rule — Approval and Promulgation July 24, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and of Implementation Plans; Indiana [IN 143-1a; 801(a)(1)(A); to the Committee on Energy and Commerce. FRL-7249-4] received August 7, 2002, pursuant Commerce. 8479. A letter from the Principal Deputy to 5 U.S.C. 801(a)(1)(A); to the Committee on 8470. A letter from the Director, Regula- Associate Administrator, Environmental Energy and Commerce. tions Policy and Management Staff, FDA, Protection Agency, transmitting the Agen- 8489. A letter from the Principal Deputy Department of Health and Human Services, cy’s final rule — Approval and Promulgation Associate Administrator, Environmental transmitting the Department’s final rule — of Implementation Plans; Minnesota Des- Protection Agency, transmitting the Agen- Advisory Committee: Change of Name and ignation of Areas for Air Quality Planning cy’s final rule — Revision to the Arizona Function; Technical Amendment — received Purposes; Minnesota [MN72-7297a; FRL-7251- State Implementation Plan, Maricopa Coun- July 30, 2002, pursuant to 5 U.S.C. 5] received July 24, 2002, pursuant to 5 U.S.C. ty Environmental Services Department [AZ 801(a)(1)(A); to the Committee on Energy and 801(a)(1)(A); to the Committee on Energy and 112-0052a; FRL-7253-5] received August 7, 2002, Commerce. Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8471. A letter from the Director, Regula- 8480. A letter from the Principal Deputy mittee on Energy and Commerce. tions Policy and Management Staff, Depart- Associate Administrator, Environmental 8490. A letter from the Principal Deputy ment of Health and Human Services, trans- Protection Agency, transmitting the Agen- Associate Administrator, Environmental mitting the Department’s final rule — Food cy’s final rule — Clean Air Act Finding of Protection Agency, transmitting the Agen- Additives Permitted in Feed and Drinking Attainment; Portneuf Valley PM-10 Non- cy’s final rule — Interim Final Determina- Water of Animals; Selenium Yeast [Docket attainment Area, Idaho [Docket No. Id-00- tion that the State of Arizona Has Corrected No. 98F-0196] received July 26, 2002, pursuant 001; FRL-7251-3] received July 24, 2002, pursu- Deficiencies and Stay of Sanctions, Maricopa to 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee County Environmental Services Department Energy and Commerce. on Energy and Commerce. [AZ 112-0052c; FRL-7253-7] received August 7, 8472. A letter from the Director, Regula- 8481. A letter from the Principal Deputy 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the tions Policy and Management Staff, Depart- Associate Administrator, Environmental Committee on Energy and Commerce. ment of Health and Human Services, trans- Protection Agency, transmitting the Agen- 8491. A letter from the Principal Deputy mitting the Department’s final rule — Med- cy’s final rule — Finding of Failure to At- Associate Administrator, Environmental

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6045 Protection Agency, transmitting the Agen- 8500. A letter from the Principal Deputy 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the cy’s final rule — Delaware: Final Authoriza- Associate Administrator, Environmental Committee on Energy and Commerce. tion of State Hazardous Waste Management Protection Agency, transmitting the Agen- 8510. A letter from the Principal Deputy Program Revision [FRL-7256-8] received Au- cy’s final rule — Transportation Conformity Associate Administrator, Environmental gust 7, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Rule Amendments: Minor Revision of 18- Protection Agency, transmitting the Agen- to the Committee on Energy and Commerce. Month Requirement for Initial SIP Submis- cy’s final rule — Revisions to the California 8492. A letter from the Principal Deputy sions and Addition of Grace Period for Newly State Implementation Plan, Monterey Bay Associate Administrator, Environmental Designated Nonattainment Areas [FRL-7256- Unified Air Pollution Control District [CA Protection Agency, transmitting the Agen- 3] (RIN: 2060-AJ70) received August 2, 2002, 264-0355a; FRL-7258-3] received August 21, cy’s final rule — Rhode Island: Authorization pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the of State Hazardous Waste Management Pro- mittee on Energy and Commerce. Committee on Energy and Commerce. gram Revision [FRL-7256-7] received August 8501. A letter from the Principal Deputy 8511. A letter from the Principal Deputy 2, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Associate Administrator, Environmental Associate Administrator, Environmental the Committee on Energy and Commerce. Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- 8493. A letter from the Principal Deputy cy’s final rule — Revisions to the California cy’s final rule — Determination of Attain- Associate Administrator, Environmental State Implementation Plan, Santa Barbara ment of the 1-Hour Ozone Standard for the Protection Agency, transmitting the Agen- County Air Pollution Control District [CA Santa Barbara County Area, California [CA cy’s final rule — Approval and Promulgation 265-0363a; FRL-7266-5] received August 21, 268-0360; FRL-7263-8] received August 21, 2002, of Implementation Plans Reinstatement of 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Redesignation of Area for Air Quality Plan- Committee on Energy and Commerce. mittee on Energy and Commerce. ning Purposes; Kentucky Portion of the Cin- 8502. A letter from the Principal Deputy 8512. A letter from the Principal Deputy cinnati-Hamilton Area [KY-116; KY-119- Associate Administrator, Environmental Associate Administrator, Environmental 200214(d); FRL-7252-8] received July 31, 2002, Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cy’s final rule — Revisions to the Arizona cy’s final rule — South Carolina; Final Ap- mittee on Energy and Commerce. State Implementation Plan, Maricopa Coun- proval of State Underground Storage Tank 8494. A letter from the Principal Deputy ty Environmental Services Department [AZ Program [FRL-7268-9] received August 27, Associate Administrator, Environmental 100-0056a; FRL-7266-3] received August 21, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Protection Agency, transmitting the Agen- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. 8513. A letter from the Principal Deputy cy’s final rule — Revisions to the California Committee on Energy and Commerce. Associate Administrator, Environmental State Implementation Plan, South Coast Air 8503. A letter from the Principal Deputy Protection Agency, transmitting the Agen- Quality Management District, Ventura Associate Administrator, Environmental cy’s final rule — Clean Air Act Approval and County Air Pollution Control District Protection Agency, transmitting the Agen- Promulgation of Air Quality Implementa- [CA246-0353a; FRL-7254-8] received August 7, cy’s final rule — Revision to the Arizona tion Plans for the State of Montana; Revi- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the State Implementation Plan, Maricopa Coun- sions to the Administrative Rules of Mon- Committee on Energy and Commerce. ty Environmental Services Department [AZ tana [SIP Nos. MT-001-0042a, MT-001-0044a, 8495. A letter from the Principal Deputy 111-0050a; FRL-7261-7] received August 21, MT-001-0045a; FRL-7261-1] received August 27, Associate Administrator, Environmental 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Protection Agency, transmitting the Agen- Committee on Energy and Commerce. cy’s final rule — Completeness Status of Ox- Committee on Energy and Commerce. 8504. A letter from the Principal Deputy 8514. A letter from the Principal Deputy ides of Nitrogen Regulations; Submission of Associate Administrator, Environmental Associate Administrator, Environmental a Complete Plan by the State of Ohio [OH152- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- 1; FRL-7255-3] received July 31, 2002, pursu- cy’s final rule — Determination of Attain- cy’s final rule — Approval and Promulgation ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment of the 1-Hour Ozone Standard for San of Implementation Plans and Operating Per- on Energy and Commerce. Diego County, California [CA-082-FOAa; mits Program; State of Missouri [MO 161- 8496. A letter from the Principal Deputy FRL-7263-9] received August 21, 2002, pursu- 1161a; FRL-7269-2] received August 27, 2002, Associate Administrator, Environmental ant to 5 U.S.C. 801(a)(1)(A); to the Committee pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Protection Agency, transmitting the Agen- on Energy and Commerce. mittee on Energy and Commerce. cy’s final rule — Approval and Promulgation 8505. A letter from the Principal Deputy 8515. A letter from the Principal Deputy of Implementation Plans: North Carolina: Associate Administrator, Environmental Associate Administrator, Environmental Permitting Rules and Other Miscellaneous Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- Revisions [NC-96; 97-200231(a); FRL-7254-2] re- cy’s final rule — Approval and Promulgation cy’s final rule — Approval and Promulgation ceived July 31, 2002, pursuant to 5 U.S.C. of Implementation Plans; State of Missouri of Air Quality Implementation Plan; Massa- 801(a)(1)(A); to the Committee on Energy and [MO 160-1160a; FRL-7267-6] received August chusetts; Rate-of-Progress Emission Reduc- Commerce. 21, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to tion Plans for the Boston-Lawrence-Worces- 8497. A letter from the Principal Deputy the Committee on Energy and Commerce. ter Serious Area [MA-085a; A-1-FRL-7268-7] Associate Administrator, Environmental 8506. A letter from the Principal Deputy received August 27, 2002, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Michigan: Final Authoriza- Protection Agency, transmitting the Agen- Commerce. tion of State Hazardous Waste Management cy’s final rule — Approval and Promulgation 8516. A letter from the Principal Deputy Program Revision [FRL-7252-4] received July of Implementation Plans; State of Missouri Associate Administrator, Environmental 31, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to [MO 158-1158a; FRL-7267-3] received August Protection Agency, transmitting the Agen- the Committee on Energy and Commerce. 21, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to cy’s final rule — Approval and Promulgation 8498. A letter from the Principal Deputy the Committee on Energy and Commerce. of Implementation Plans Tennessee; Ap- Associate Administrator, Environmental 8507. A letter from the Principal Deputy proval of Revisions to Tennessee Implemen- Protection Agency, transmitting the Agen- Associate Administrator, Environmental tation Plan [TN-186; TN-187; TN-202; TN-203- cy’s final rule — Clean Air Act Redesigna- Protection Agency, transmitting the Agen- 200207a; FRL-7270-6] received August 27, 2002, tion and Reclassification, Searles Valley cy’s final rule — Approval and Promulgation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Nonattainment Area; Designation of Coso of Implementation Plans; State of Missouri mittee on Energy and Commerce. Junction, Indian Wells Valley, and Trona [MO 157-1157a; FRL-7266-9] received August 8517. A letter from the Principal Deputy Nonattainment Areas; California; Deter- 21, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Associate Administrator, Environmental mination of Attainment of the PM-10 Stand- the Committee on Energy and Commerce. Protection Agency, transmitting the Agen- ards for the Coso Junction Area; Particulate 8508. A letter from the Principal Deputy cy’s final rule — Approval and Promulgation Matter of 10 microns or less (PM-10). [CA-034- Associate Administrator, Environmental of Implementation Plans; State of Kansas FIN; FRL-7256-1] received August 2, 2002, pur- Protection Agency, transmitting the Agen- [KS 162-1162a; FRL-7270-4] received August suant to 5 U.S.C. 801(a)(1)(A); to the Com- cy’s final rule — Hazardous Waste Manage- 27, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Energy and Commerce. ment System; Identification and Listing of the Committee on Energy and Commerce. 8499. A letter from the Principal Deputy Hazardous Waste; Final Exclusion [FRL-7264- 8518. A letter from the Principal Deputy Associate Administrator, Environmental 1] received August 21, 2002, pursuant to 5 Associate Administrator, Environmental Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); to the Committee on En- Protection Agency, transmitting the Agen- cy’s final rule — Control of Air Pollution ergy and Commerce. cy’s final rule — Approval and Promulgation From New Motor Vehicles and New Motor 8509. A letter from the Principal Deputy of Implementation Plans Florida: Approval Vehicle Engines; Non-Conformance Penalties Associate Administrator, Environmental of Revisions to the Florida State Implemen- for 2004 and later Model Year Emission Protection Agency, transmitting the Agen- tation Plan [FL-85-1-200107a; FRL-7259-6] re- Standards for Heavy-Duty Diesel Engines cy’s final rule — Approval and Promulgation ceived August 15, 2002, pursuant to 5 U.S.C. and Heavy-Duty Diesel Vehicles [AMS-FRL- of Implementation Plans and Designation of 801(a)(1)(A); to the Committee on Energy and 7256-5] (RIN: 2060-AJ73) received August 2, Areas for Air Quality Planning Purposes; Commerce. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the State of New Jersey [Region II Docket No. 8519. A letter from the Principal Deputy Committee on Energy and Commerce. NJ52-243(a); FRL-7264-6] received August 21, Associate Administrator, Environmental

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6046 CONGRESSIONAL RECORD — HOUSE September 4, 2002 Protection Agency, transmitting the Agen- Stations (Clarksburg, West Virginia) [MM Section 73.202(b), Table of Allotments, FM cy’s final rule — Approval and Promulgation Docket No. 01-165, RM-9768] received July 12, Broadcast Stations. (Fremont and Sunny- of Implementation Plans for Kentucky: Reg- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the vale, California) [MM Docket No. 01-322; RM- ulatory Limit on Potential to Emit [KY 125- Committee on Energy and Commerce. 10332] received July 30, 2002, pursuant to 5 200233(a); FRL-7259-7] received August 15, 8528. A letter from the Senior Legal Advi- U.S.C. 801(a)(1)(A); to the Committee on En- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the sor to the Bureau Chief, Media Bureau, Fed- ergy and Commerce. Committee on Energy and Commerce. eral Communications Commission, transmit- 8537. A letter from the Senior Legal Advi- 8520. A letter from the Principal Deputy ting the Commission’s final rule — Table of sor to the Bureau Chief, Media Bureau, Fed- Associate Administrator, Environmental Allotments, Television Broadcast Stations; eral Communications Commission, transmit- Protection Agency, transmitting the Agen- and Section 73.622(b), Table of Allotments ting the Commision’s final rule — FM Table cy’s final rule — Final Effective Date Modi- Digital Broadcast Television Stations of Allotments, FM Broadcast Stations fication for the Determination of Nonattain- (Springfield, Illinois) [MM Docket No. 02-27, (Pierce, Nebraska) [MM Docket No. 01-340, ment as of November 15, 1999, and Reclassi- RM-10367] received July 12, 2002, pursuant to RM-10345]; (Coosada, Alabama) [MM Docket fication of the Baton Rouge Ozone Non- 5 U.S.C. 801(a)(1)(A); to the Committee on No. 01-341, RM-10346]; (Pineview, Georgia) attainment Area [FRL-7262-3] received Au- Energy and Commerce. [MM Docket No. 01-342, RM-10347]; (Diamond gust 15, 2002, pursuant to 5 U.S.C. 8529. A letter from the Senior Legal Advi- Lake, Oregon) [MM Docket No. 01-343, RM- 801(a)(1)(A); to the Committee on Energy and sor to the Bureau Chief, Media Bureau, Fed- 10348] received July 12, 2002, pursuant to 5 Commerce. eral Communications Commission, transmit- U.S.C. 801(a)(1)(A); to the Committee on En- 8521. A letter from the Principal Deputy ting the Commission’s final rule — Table of ergy and Commerce. 8538. A letter from the Senior Legal Advi- Associate Administrator, Environmental Allotments, Digital Television Broadcast sor to the Bureau Chief, Media Bureau, Fed- Protection Agency, transmitting the Agen- Stations (Boca Raton, Florida) [MM Docket eral Communications Commission, transmit- cy’s final rule — Revisions to the Definitions No. 00-138, RM-9896] received July 12, 2002, ting the Commission’s final rule — Table of and the Continuous Emission Monitoring pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Allotments, Digital Television Broadcast Provisions of the Acid Rain Program and the mittee on Energy and Commerce. Stations (Cocoa, Florida) [MM Docket No. 8530. A letter from the Senior Legal Advi- NOx Budget Trading Program; Correction 01-162, RM-10183] received July 12, 2002, pur- sor to the Bureau Chief, Media Bureau, Fed- [FRL-7259-0] (RIN: 2060-AJ43) received Au- suant to 5 U.S.C. 801(a)(1)(A); to the Com- eral Communications Commission, transmit- gust 15, 2002, pursuant to 5 U.S.C. mittee on Energy and Commerce. 801(a)(1)(A); to the Committee on Energy and ting the Commissions final rule — Table of 8539. A letter from the Senior Legal Advi- Commerce. Allotments, Digital Television Broadcast sor to the Bureau Chief, Media Bureau, Fed- 8522. A letter from the Principal Deputy Stations (Charleston, South Carolina) [MM eral Communications Commission, transmit- Associate Administrator, Environmental Docket No. 01-128, RM-10133] received July ting the Commission’s final rule — Table of Protection Agency, transmitting the Agen- 12, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Allotments, FM Broadcast Stations cy’s final rule — Nebraska; Final Approval of the Committee on Energy and Commerce. (Wickenburg and Salome, Arizona) [MM State Underground Storage Tank Program 8531. A letter from the Senior Legal Advi- Docket No. 01-345, RM-10344] received July [FRL-7261-9] received August 15, 2002, pursu- sor, Media Bureau, Federal Communications 12, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commission, transmitting the Commission’s the Committee on Energy and Commerce. on Energy and Commerce. final rule — Amendment of Section 73.202(b), 8540. A letter from the Senior Legal 8523. A letter from the Principal Deputy Table of Allotments, FM Broadcast Stations. Advisorto the Bureau Chief, Media Bureau, Associate Administrator, Environmental (Memphis, Tennessee, Olive Branch and Horn Federal Communications Commission, trans- Protection Agency, transmitting the Agen- Lake, Mississippi) [MM Docket No. 02-31; mitting the Commission’s final rule — Table cy’s final rule — Florida: Final Authoriza- RM-10351] received July 30, 2002, pursuant to of Allotments, Digital Television Broadcast tion of State Hazardous Waste Management 5 U.S.C. 801(a)(1)(A); to the Committee on Stations (Lakin, Kansas) [MM Docket No. 02- Program Revision [FRL-7262-6] received Au- Energy and Commerce. 3, RM-10349] received July 12, 2002, pursuant gust 15, 2002, pursuant to 5 U.S.C. 8532. A letter from the Senior Legal Advi- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and sor, Media Bureau, Federal Communications Energy and Commerce. Commerce. Commission, transmitting the Commission’s 8541. A letter from the Senior Legal Advi- 8524. A letter from the Principal Deputy final rule — Amendment of Section 73.202(b), sor to the Bureau Chief, Media Bureau, Fed- Associate Administrator, Environmental Table of Allotments, FM Broadcast Stations. eral Communications Commission, transmit- Protection Agency, transmitting the Agen- (Honor, Bear Lake, Ludington, Walhalla, and ting the Commission’s final rule — Table of cy’s final rule — Florida: Final Authoriza- Custer, Michigan) [MM Docket No. 01-186; Allotments, Digital Television Broadcast tion of State Hazardous Waste Management RM-9976, RM-10320] received July 30, 2002, Stations (Bryan, Texas) [MM Docket No. 00- Program Revision [FRL-7262-5] received Au- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 124, RM-9893] received July 12, 2002, pursuant gust 15, 2002, pursuant to 5 U.S.C. mittee on Energy and Commerce. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and 8533. A letter from the Senior Legal Advi- Energy and Commerce. Commerce. sor to the Bureau Chief, Media Bureau, Fed- 8542. A letter from the Senior Legal Advi- 8525. A letter from the Senior Legal Advi- eral Communications Commission, transmit- sor to the Bureau Chief, Media Bureau, Fed- sor to the Bureau Chief, Media Bureau, Fed- ting the Commission’s final rule — Amend- eral Communications Commission, transmit- eral Communication Commission, transmit- ment of Section 73.202(b), Table of Allot- ting the Commission’s final rule — Table of ting the Commission’s final rule — Table of ments, FM Broadcast Stations. [Alberta, Allotments, Digital Television Broadcast Allotments, Digital Television Broadcast Virginia and Whitakers, North Carolina; Stations (Alexandria, Minnesota) [MM Dock- et No. 01-207, RM-10206] received July 12, 2002, Stations (Huntington, West Virginia) [MM Dinwiddie, Virginia and Garysburg, North pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Docket No. 01-56, RM-10033] received July 12, Carolina) [MM Docket No. 00-245; RM-991, mittee on Energy and Commerce. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the RM-10185, RM10186] received July 30, 2002, 8543. A letter from the Senior Legal Advi- Committee on Energy and Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sor to the Bureau Chief, Media Bureau, Fed- 8526. A letter from the Senior Legal Advi- mittee on Energy and Commerce. eral Communications Commission, transmit- sor to the Bureau Chief, Media Bureau, Fed- 8534. A letter from the Senior Legal Advi- ting the Commission’s final rule — Amend- eral Communication Commission, transmit- sor to the Chief, Media Bureau, Federal Com- ment of Section 73.202(b), FM Table of Allot- ting the Commission’s final rule — Table of munications Commission, transmitting the ments, FM Broadcast Stations. (Paducah, Allotments, FM Broadcast Stations Commission’s final rule — Amendment of Texas) [MM Docket No. 01-156; RM-10177] (Wodbury, Georgia) [MM Docket No. 01-13, Section 73.202(b), Table of Allotments, FM (Paulden, Arizona) [MM Docket No. 01-158; RM-10038]; (Reliance, Wyoming) [MM Docket Broadcast Stations. (Chester and Westwood, RM-10179] received July 30, 2002, pursuant to No. 01-20, RM-10049]; (Eagle Lake, Texas) California) [MM Docket No. 02-42; RM-10382] 5 U.S.C. 801(a)(1)(A); to the Committee on [MM Docket No. 01-80, RM-10089]; (Montana received July 30, 2002, pursuant to 5 U.S.C. Energy and Commerce. City, Montana), [MM Docket No. 01-81, RM- 801(a)(1)(A); to the Committee on Energy and 8544. A letter from the Senior Legal Advi- 10090]; (Plainville, Georgia) [MM Docket No. Commerce. sor to the Bureau Chief, Media Bureau, Fed- 01-102, RM-10100]; (Rosholt, Wisconsin) [MM 8535. A letter from the Senior Legal Advi- eral Communications Commission, transmit- Docket No. 01-103, RM-10102]; (Morgantown, sor, Media Bureau, Federal Communications ting the Commission’s final rule — Amend- Kentucky) [MM Docket No. 01-114, RM-10128]; Commission, transmitting the Commission’s ment of Section 73.202(b); Table of Allot- (Boswell, Oklahoma) [MM Docket No. 01-136, final rule — Amendment of Section 73.202(b), ments, FM Broadcast Stations. (Parker, Ari- RM-10155]; (Frederic, Michigan) [MM Docket Table of Allotments, FM Broadcast Stations. zona) [MM Docket No. 01-69; RM-10081] re- No. 01-201, Rm-10216] Received July 12, 2002, (Mason, Texas) [MM Docket No. 01-133; RM- ceived July 30, 2002, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 10143, RM-10150] received July 30, 2002, pursu- 801(a)(1)(A); to the Committee on Energy and mittee on Energy and Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commerce. 8527. A letter from the Senior Legal Advi- on Energy and Commerce. 8545. A letter from the Deputy Chief, Pol- sor to the Bureau Chief, Media Bureau, Fed- 8536. A letter from the Senior Legal Advi- icy and Rules Division, Federal Communica- eral Communications Commission, transmit- sor to the Chief, Media Bureau, Federal Com- tions Commission, transmitting the Com- ting the Commission’s final rule — Table of munications Commission, transmitting the mission’s final rule — 1998 Biennial Regu- Allotments, Digital Television Broadcast Commission’s final rule — Amendment of latory Review-Conducted Emissions Limits

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6047 Below 30 MHz for Equipment Regulated beling Rule’’) received July 31, 2002, pursuant 8564. A letter from the Assistant Secretary under Parts 15 and 18 of the Commission,s to 5 U.S.C. 801(a)(1)(A); to the Committee on for Legislative Affairs, Department of State, Rules [ET Docket No. 98-80] received July 12, Energy and Commerce. transmitting certification of a proposed 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8554. A letter from the Director, Office of Manufacturing License Agreement with Committee on Energy and Commerce. Congressional Affairs, Nuclear Regulatory Japan [Transmittal No. DTC 188-02], pursu- 8546. A letter from the Deputy Chief, Pol- Commission, transmitting the Commission’s ant to 22 U.S.C. 2776(d); to the Committee on icy and Rules Division, Federal Communica- final rule — Electronic Maintenance and International Relations. tions Commission, transmitting the Com- Submission of Information (RIN: 3150-AF61) 8565. A letter from the Assistant Secretary mission’s final rule — Amendment of Part 15 received August 28, 2002, pursuant to 5 U.S.C. for Legislative Affairs, Department of State, of the Commission’s Rules Regarding Spread 801(a)(1)(A); to the Committee on Energy and transmitting certification of a proposed li- Spectrum Devices [ET Docket No. 99-231] re- Commerce. cense for the export of defense articles or de- ceived July 12, 2002, pursuant to 5 U.S.C. 8555. A letter from the Director, Office of fense services sold under a contract to India 801(a)(1)(A); to the Committee on Energy and Congressional Affairs, Nuclear Regulatory (Transmittal No. DTC 130-02), pursuant to 22 Commerce. Commission, transmitting the Commission’s U.S.C. 2776(c); to the Committee on Inter- 8547. A letter from the Assistant Bureau final rule — List of Approved Spent Fuel national Relations. Chief, International Bureau, Federal Com- Storage Casks: HI-STORM 100 Revision (RIN: 8566. A letter from the Assistant Secretary munications Commission, transmitting the 3150-AG97) received July 24, 2002, pursuant to for Legislative Affairs, Department of State, Commission’s final rule — 2000 Biennial Reg- 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting certification of a proposed li- ulatory Review, Amendment of Parts 43 and Energy and Commerce. cense for the export of defense articles or de- 63 of the Commission’s Rules [IB Docket No. 8556. A communication from the President fense services sold under a contract to India 00-231] received July 12, 2002, pursuant to 5 of the United States, transmitting a six (Transmittal No. DTC 122-02), pursuant to 22 U.S.C. 801(a)(1)(A); to the Committee on En- month periodic report on the national emer- U.S.C. 2776(c); to the Committee on Inter- ergy and Commerce. gency with respect to Libya that was de- national Relations. 8548. A letter from the Deputy Chief, clared in Executive Order 12543 of January 7, 8567. A letter from the Assistant Secretary Telecom Access Policy Division, Federal 1986, pursuant to 50 U.S.C. 1641(c) and 50 for Legislative Affairs, Department of State, Communications Commission, transmitting U.S.C. 1703(c); (H. Doc. No. 107—251); to the transmitting certification of a proposed li- the Commission’s final rule — Federal-State Committee on International Relations and cense for the export of defense articles or de- Joint Board on Universal Service [CC Docket ordered to be printed. fense services sold under a contract to India No. 96-45]; Multi-Association Group (MAG) 8557. A communication from the President (Transmittal No. DTC 135-02), pursuant to 22 Plan for Regulation of Interstate Services of of the United States, transmitting a six U.S.C. 2776(c); to the Committee on Inter- Non-Price Cap Incumbent Local Exchange month periodic report on the national emer- national Relations. Carriers and Interexchange Carriers [CC gency with respect to Iraq that was declared 8568. A letter from the Assistant Secretary for Legislative Affairs, Department of State, Docket No. 00-256] received July 12, 2002, pur- in Executive Order 12722 of August 2, 1990, transmitting certification of a proposed li- suant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 50 U.S.C. 1641(c) and 50 U.S.C. cense for the export of defense articles or de- mittee on Energy and Commerce. 1703(c); (H. Doc. No. 107—252); to the Com- fense services sold under a contract to India 8549. A letter from the Assistant Chief, mittee on International Relations and or- (Transmittal No. DTC 132-02), pursuant to 22 Telcom Access Policy Division, Federal dered to be printed. Communications Commission, transmitting 8558. A communication from the President U.S.C. 2776(c); to the Committee on Inter- national Relations. the Commission’s final rule — Federal-State of the United States, transmitting notifica- 8569. A letter from the Assistant Secretary Joint Board on Universal Service [CC Docket tion that the Iraqi emergency is to continue for Legislative Affairs, Department of State, No. 96-45]; Multi-Association Group (MAG) in effect beyond August 2, 2002, pursuant to transmitting certification of a proposed li- Plan for Regulation of Interstate Services of 50 U.S.C. 1622(d); (H. Doc. No. 107—253); to the cense for the export of defense articles or de- Non-Price Cap Incumbent Local Exchange Committee on International Relations and fense services sold under a contract to India Carriers and Interexchange Carriers [CC ordered to be printed. (Transmittal No. DTC 134-02), pursuant to 22 8559. A communication from the President Docket No. 00-256] received July 12, 2002, pur- U.S.C. 2776(c); to the Committee on Inter- of the United States, transmitting a six suant to 5 U.S.C. 801(a)(1)(A); to the Com- national Relations. mittee on Energy and Commerce. month periodic report on the national emer- 8570. A letter from the Assistant Secretary 8550. A letter from the Associate Division gency, declared in Executive Order 12947 of for Legislative Affairs, Department of State, Chief, WCB, Federal Communications Com- January 23, 1995, with respect to terrorists transmitting certification of a proposed li- mission, transmitting the Commission’s who threaten to disrupt the Middle East cense for the export of defense articles or de- final rule — Implementation of the Tele- peace process, pursuant to 50 U.S.C. 1641(c) fense services sold under a contract to India communications Act o f 1996: Telecommuni- and 50 U.S.C. 1703(c); (H. Doc. No. 107—254); (Transmittal No. DTC 92-02), pursuant to 22 cations Carriers’ Use of Customer Propri- to the Committee on International Relations U.S.C. 2776(c); to the Committee on Inter- etary Network In formation and Other Cus- and ordered to be printed. national Relations. tomer Information [CC Docket No. 96-115]; 8560. A communication from the President 8571. A letter from the Assistant Secretary Implementation of the Non-Accounting Safe- of the United States, transmitting notifica- for Legislative Affairs, Department of State, guards of Sections 271 and 272 of the Commu- tion that the emergency regarding export transmitting certification of a proposed li- nications Act of 1934, As Amended [CC Dock- control regulations is to continue in effect cense for the export of defense articles or de- et No. 96-149]; 2000 Biennial Regulatory Re- beyond August 17, 2002, pursuant to 50 U.S.C. fense services sold under a contract to India view — Review of Policies and Rules Con- 1622(d); (H. Doc. No. 107—257); to the Com- (Transmittal No. DTC 94-02), pursuant to 22 cerning Unauthorized Changes of Consumers’ mittee on International Relations and or- U.S.C. 2776(c); to the Committee on Inter- Long Distance Carriers [CC Docket No. 00- dered to be printed. national Relations. 257] Received August 27, 2002, pursuant to 5 8561. A letter from the Acting Director, De- 8572. A letter from the Assistant Secretary U.S.C. 801(a)(1)(A); to the Committee on En- fense Security Cooperation Agency, trans- for Legislative Affairs, Department of State, ergy and Commerce. mitting a report of enhancement or upgrade transmitting certification of a proposed li- 8551. A letter from the Senior Legal Advi- of sensitivity of technology or capability for cense for the export of defense articles or de- sor to the Bureau Chief, Media Bureau, Fed- Italy (Transmittal No. OB-02), pursuant to 22 fense services sold under a contract to India eral CommunicationCommission, transmit- U.S.C. 2776(b)(5)(A); to the Committee on (Transmittal No. DTC 93-02), pursuant to 22 ting the Commission’s final rule — Table of International Relations. U.S.C. 2776(c); to the Committee on Inter- Allotments, Digital Television Broadcast 8562. A letter from the Director, Inter- national Relations. Stations (Calais, Maine) [MM Docket No. 01- national Cooperation, Department of De- 8573. A letter from the Assistant Secretary 167, RM-10180] received July 12, 2002, pursu- fense, transmitting a copy of Transmittal for Legislative Affairs, Department of State, ant to 5 U.S.C. 801(a)(1)(A); to the Committee No. 23-02 which informs our intent to sign a transmitting certification of a proposed lion Energy and Commerce. Memorandum of Understanding between the cense for the export of defense articles or de- 8552. A letter from the General Counsel, U.S. and France Concerning Test and Eval- fense services sold under a contract to India Federal Emergency Management Agency, uation Program Cooperation (TEP MOU)., (Transmittal No. DTC 35-02), pursuant to 22 transmitting the Agency’s final rule — Final pursuant to 22 U.S.C. 2767(f); to the Com- U.S.C. 2776(c); to the Committee on Inter- Flood Elevation Determination — received mittee on International Relations. national Relations. July 30, 2002, pursuant to 5 U.S.C. 8563. A letter from the Director, Inter- 8574. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Financial national Cooperation, Department of De- for Legislative Affairs, Department of State, Services. fense, transmitting a copy of Transmittal transmitting certification of a proposed li- 8553. A letter from the Secretary, Federal No. 22-02 which informs of our intent to sign cense for the export of defense articles or de- Trade Commission, transmitting the Com- a Memorandum of Understanding between fense services sold under a contract to India mission’s final rule — Rule Concerning Dis- the U.S. and Canada concerning Test and (Transmittal No. DTC 100-02), pursuant to 22 closures Regarding Energy Consumption and Evaluation Program Cooperation U.S.C. 2776(c); to the Committee on Inter- Water Use of Certain Home Appliances and (CANUSTEP MOU), pursuant to 22 U.S.C. national Relations. Other Products Required Under the Energy 2767(f); to the Committee on International 8575. A letter from the Assistant Secretary Policy and Conservation Act (‘‘Appliance La- Relations. for Legislative Affairs, Department of State,

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6048 CONGRESSIONAL RECORD — HOUSE September 4, 2002 transmitting certification of a proposed li- transmitting certification of a proposed li- transmitting certification of a proposed license for the export of defense articles or de- cense for the export of defense articles or de- cense for the export of defense articles or defense services sold under a contract to India fense services sold under a contract to Paki- fense services sold commercially under a (Transmittal No. DTC 112-02), pursuant to 22 stan (Transmittal No. DTC 80-02), pursuant contract to Japan [Transmittal No. DTC 019- U.S.C. 2776(c); to the Committee on Inter- to 22 U.S.C. 2776(c); to the Committee on 02], pursuant to 22 U.S.C. 2776(c); to the Com- national Relations. International Relations. mittee on International Relations. 8576. A letter from the Assistant Secretary 8587. A letter from the Assistant Secretary 8598. A letter from the Assistant Secretary for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, transmitting certification of a proposed li- transmitting certification of a proposed li- transmitting certification of a proposed license for the export of defense articles or de- cense for the export of defense articles or de- cense for the export of defense articles or defense services sold under a contract to India fense services sold under a contract to Paki- fense services sold commercially under a (Transmittal No. DTC 114-02), pursuant to 22 stan (Transmittal No. DTC 82-02), pursuant contract to Russia and Kazakhstan [Trans- U.S.C. 2776(c); to the Committee on Inter- to 22 U.S.C. 2776(c); to the Committee on mittal No. DTC 147-02], pursuant to 22 U.S.C. national Relations. International Relations. 2776(c); to the Committee on International 8577. A letter from the Assistant Secretary 8588. A letter from the Assistant Secretary Relations. for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, 8599. A letter from the Assistant Secretary transmitting certification of a proposed li- transmitting certification of a proposed li- for Legislative Affairs, Department of State, cense for the export of defense articles or de- cense for the export of defense articles or de- transmitting certification of a proposed li- fense services sold under a contract to India fense services sold under a contract to Paki- cense for the export of defense articles or de- and Pakistan (Transmittal No. DTC 125-02), stan (Transmittal No. DTC 67-02), pursuant fense services sold commercially under a pursuant to 22 U.S.C. 2776(c); to the Com- to 22 U.S.C. 2776(c); to the Committee on contract to Australia and Poland [Trans- mittee on International Relations. International Relations. mittal No. DTC 143-02], pursuant to 22 U.S.C. 8578. A letter from the Assistant Secretary 8589. A letter from the Assistant Secretary 2776(c)and 22 U.S.C. 2776(d); to the Committee for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, on International Relations. transmitting certification of a proposed li- transmitting certification of a proposed li- 8600. A letter from the Assistant Secretary cense for the export of defense articles or de- cense for the export of defense articles or de- for Legislative Affairs, Department of State, fense services sold under a contract to Paki- fense services sold under a contract to Paki- transmitting certification of a proposed li- stan (Transmittal No. DTC 201-02), pursuant stan (Transmittal No. DTC 66-02), pursuant cense for the export of defense articles or de- to 22 U.S.C. 2776(c); to the Committee on to 22 U.S.C. 2776(c); to the Committee on fense services sold commercially under a International Relations. International Relations. contract to Italy and Greece [Transmittal 8590. A letter from the Assistant Secretary 8579. A letter from the Assistant Secretary No. DTC 158-02], pursuant to 22 U.S.C. 2776(c) for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, and 22 U.S.C. 2776(d); to the Committee on transmitting certification of a proposed li- transmitting certification of a proposed li- International Relations. cense for the export of defense articles or de- cense for the export of defense articles or de- 8601. A letter from the Assistant Secretary fense services sold under a contract to Paki- fense services sold under a contract to Paki- for Legislative Affairs, Department of State, stan (Transmittal No. DTC 68-02), pursuant stan (Transmittal No. DTC 74-02), pursuant transmitting certification of a proposed li- to 22 U.S.C. 2776(c); to the Committee on to 22 U.S.C. 2776(c); to the Committee on cense for the export of defense articles or de- International Relations. International Relations. 8591. A letter from the Assistant Secretary fense services sold commercially under a 8580. A letter from the Assistant Secretary for Legislative Affairs, Department of State, contract to Turkey, Australia, Italy, Ger- for Legislative Affairs, Department of State, transmitting certification of a proposed li- many, Norway and Canada [Transmittal No. transmitting certification of a proposed license for the export of defense articles or de- DTC 204-02], pursuant to 22 U.S.C. 2776(c)and cense for the export of defense articles or defense services sold under a contract to Paki- 22 U.S.C. 2776(d); to the Committee on Inter- fense services sold under a contract to Paki- stan (Transmittal No. DTC 108-02), pursuant national Relations. stan (Transmittal No. DTC 203-02), pursuant to 22 U.S.C. 2776(c); to the Committee on 8602. A letter from the Assistant Secretary to 22 U.S.C. 2776(c); to the Committee on International Relations. for Legislative Affairs, Department of State, International Relations. 8592. A letter from the Assistant Secretary transmitting certification of a proposed li- 8581. A letter from the Assistant Secretary for Legislative Affairs, Department of State, cense for the export of defense articles or de- for Legislative Affairs, Department of State, transmitting certification of a proposed li- fense services sold commercially under a transmitting certification of a proposed license for the export of defense articles or de- contract to Canada [Transmittal No. DTC cense for the export of defense articles or defense services sold under a contract to Paki- 056-02], pursuant to 22 U.S.C. 2776(c)and 22 fense services sold under a contract to Paki- stan (Transmittal No. DTC 104-02), pursuant U.S.C. 2776(d); to the Committee on Inter- stan (Transmittal No. DTC 190-02), pursuant to 22 U.S.C. 2776(c); to the Committee on national Relations. to 22 U.S.C. 2776(c); to the Committee on International Relations. 8603. A communication from the President International Relations. 8593. A letter from the Assistant Secretary of the United States, transmitting the bi- 8582. A letter from the Assistant Secretary for Legislative Affairs, Department of State, monthly report on progress toward a nego- for Legislative Affairs, Department of State, transmitting certification of a proposed li- tiated settlement of the Cyprus question transmitting certification of a proposed license for the export of defense articles or de- covering the period June 1, 2002 through July cense for the export of defense articles or defense services sold under a contract to Japan 31, 2002, pursuant to 22 U.S.C. 2373(c); to the fense services sold under a contract to Paki- (Transmittal No. DTC 159-02), pursuant to 22 Committee on International Relations. stan (Transmittal No. DTC 192-02), pursuant U.S.C. 2776(c); to the Committee on Inter- 8604. A letter from the Assistant Legal Ad- to 22 U.S.C. 2776(c); to the Committee on national Relations. viser for Treaty Affairs, Department of International Relations. 8594. A letter from the Assistant Secretary State, transmitting copies of international 8583. A letter from the Assistant Secretary for Legislative Affairs, Department of State, agreements, other than treaties, entered into for Legislative Affairs, Department of State, transmitting certification of a proposed li- by the United States, pursuant to 1 U.S.C. transmitting certification of a proposed license for the export of defense articles or de- 112b(a); to the Committee on International cense for the export of defense articles or defense services sold under a contract to Paki- Relations. fense services sold under a contract to Paki- stan (Transmittal No. DTC 105-02), pursuant 8605. A letter from the Assistant Legal Ad- stan (Transmittal No. DTC 103-02), pursuant to 22 U.S.C. 2776(c); to the Committee on viser for Treaty Affairs, Department of to 22 U.S.C. 2776(c); to the Committee on International Relations. State, transmitting copies of international International Relations. 8595. A letter from the Assistant Secretary agreements, other than treaties, entered into 8584. A letter from the Assistant Secretary for Legislative Affairs, Department of State, by the United States, pursuant to 1 U.S.C. for Legislative Affairs, Department of State, transmitting certification of a proposed li- 112b(a); to the Committee on International transmitting certification of a proposed license for the export of defense articles or de- Relations. cense for the export of defense articles or defense services sold commercially under a 8606. A communication from the President fense services sold under a contract to Paki- contract to Turkey [Transmittal No. DTC of the United States, transmitting a resolu- stan (Transmittal No. DTC 69-02), pursuant 128-02], pursuant to 22 U.S.C. 2776(c); to the tion of advice and consent to ratification of to 22 U.S.C. 2776(c); to the Committee on Committee on International Relations. the Convention on the Prohibition of the De- International Relations. 8596. A letter from the Assistant Secretary velopment, Production, Stockpiling and Use 8585. A letter from the Assistant Secretary for Legislative Affairs, Department of State, of Chemical Weapons and on Their Destruc- for Legislative Affairs, Department of State, transmitting certification of a proposed li- tion, adopted by the Senate of the United transmitting certification of a proposed license for the export of defense articles or de- States on April 24, 1997, in accordance with cense for the export of defense articles or defense services sold commercially under a Condition 9; to the Committee on Inter- fense services sold under a contract to Paki- contract to Russia, Ukraine and Norway national Relations. stan (Transmittal No. DTC 85-02), pursuant [Transmittal No. DTC 148-02], pursuant to 22 8607. A letter from the Assistant Secretary to 22 U.S.C. 2776(c); to the Committee on U.S.C. 2776(c); to the Committee on Inter- for Export Administration, Department of International Relations. national Relations. Commerce, transmitting the Department’s 8586. A letter from the Assistant Secretary 8597. A letter from the Assistant Secretary final rule — Revisions and Clarifications to for Legislative Affairs, Department of State, for Legislative Affairs, Department of State, the Export Administration Regulations ——

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6049 Nuclear Nonproliferation Controls: Nuclear 8620. A letter from the Attorney/Advisor, Regulations for Migratory Birds in Alaska Suppliers Group [Docket No. 020717170-2170- Department of Transportation, transmitting (RIN: 1018-AH88) received August 13, 2002, 01] (RIN: 0694-AC52) received August 23, 2002, a report pursuant to the Federal Vacancies pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Reform Act of 1998; to the Committee on mittee on Resources. mittee on International Relations. Government Reform. 8634. A letter from the Assistant Secretary 8608. A letter from the Assistant Secretary 8621. A letter from the Attorney/Advisor, for Fish and Wildlife and Parks, Department for Legislative Affairs, Department of State, Department of Transportation, transmitting of the Interior, transmitting the Depart- transmitting notification of a shipment of a report pursuant to the Federal Vacancies ment’s final rule — Endangered and Threat- U.S.-origin defense articles intended for Reform Act of 1998; to the Committee on ened Wildlife and Plants; Establishment of transfer to a U.S. company which proceeded Government Reform. Nonessential Experimental Population Sta- without the required U.S. Government con- 8622. A letter from the General Counsel, tus and Reintroduction of Four Fishes in the sent; to the Committee on International Re- Federal Retirement Thrift Investment Tellico River (RIN: 1018-AF96) received Au- lations. Board, transmitting the Board’s final rule — gust 13, 2002, pursuant to 5 U.S.C. 8609. A letter from the Chairman, Council Correction of Administrative Errors; Ex- 801(a)(1)(A); to the Committee on Resources. of the District of Columbia, transmitting a panded and Continuing Eligibility; Death 8635. A letter from the Director, Endan- copy of D.C. ACT 14-458, ‘‘Child Restraint Benefits; Loan Program — received August gered Species, Department of the Interior, Amendment Act of 2002’’ received August 21, 13, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the Department’s final rule — Endangered and Threatened Wildlife and 2002, pursuant to D.C. Code section 1— the Committee on Government Reform. 233(c)(1); to the Committee on Government 8623. A letter from the Inspector General, Plants; Determination of Endangered Status Reform. General Services Administration, transmit- for the Tumbling Creek Cavesnail (RIN: 1018- AI19) received August 13, 2002, pursuant to 5 8610. A letter from the Chairman, Council ting the Office’s Audit Report Register for U.S.C. 801(a)(1)(A); to the Committee on Re- of the District of Columbia, transmitting a the period ending March 31, 2002, pursuant to sources. copy of D.C. ACT 14-446, ‘‘Honoraria Amend- 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to ment Temporary Act of 2002’’ received Au- 8636. A letter from the Assistant Secretary the Committee on Government Reform. for Fish, Wildlife and Parks, Department of gust 21, 2002, pursuant to D.C. Code section 8624. A letter from the Acting Chairman, 1—233(c)(1); to the Committee on Govern- the Interior, transmitting the Department’s Merit Systems Protection Board, transmit- final rule — Endangered and Threatened ment Reform. ting the Board’s draft legislation that would 8611. A letter from the Chairman, Council Wildlife and Plants; Designation of Critical exempt case related predecisional documents of the District of Columbia, transmitting a Habitat for the Northern Great Plains Breed- that have been prepared by Board attorneys copy of D.C. ACT 14-445, ‘‘Special Education ing Population of the Piping Plover (RIN: from disclosure under the Privacy Act; to Task Force Temporary Act of 2002’’ received 1018-AH96) received August 23, 2002, pursuant the Committee on Government Reform. to 5 U.S.C. 801(a)(1)(A); to the Committee on August 21, 2002, pursuant to D.C. Code sec- 8625. A letter from the Assistant Adminis- tion 1—233(c)(1); to the Committee on Gov- Resources. trator for Human Resources and Education, ernment Reform. 8637. A letter from the Assistant Secretary National Aeronautics and Space Administra- 8612. A letter from the Chairman, Council for Fish and Wildlife and Parks, Department of the District of Columbia, transmitting a tion, transmitting a report pursuant to the of the Interior, transmitting the Depart- copy of D.C. ACT 14-444, ‘‘Back-to-School Federal Vacancies Reform Act of 1998; to the ment’s final rule — Endangered and Threat- Sales Tax Holiday Temporary Act of 2002’’ Committee on Government Reform. ened Wildlife and Plants; Designation of 8626. A letter from the Chairman, Nuclear received August 21, 2002, pursuant to D.C. Critical Habitat for the Newcomb’s Snail Regulatory Commission, transmitting the Code section 1—233(c)(1); to the Committee (RIN: 1018-AH95) received August 21, 2002, on Government Reform. Commission’s letter regarding the certifi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8613. A letter from the Chairman, Council cation of a Final Rule entitled, ‘‘Medical Use mittee on Resources. of the District of Columbia, transmitting a of Byproduct Material (RIN: 3150-AF74)’’; to 8638. A letter from the Director, Fish and copy of D.C. ACT 14-443, ‘‘Public Health Lab- the Committee on Government Reform. Wildlife Service, Department of the Interior, oratory Fee Temporary Amendment Act of 8627. A letter from the Director, Office of transmitting the Department’s final rule — 2002’’ received August 21, 2002, pursuant to Management and Budget, transmitting the Endangered and Threatened Wildlife and D.C. Code section 1—233(c)(1); to the Com- Office’s Fiscal Year 2002 Inventory of Com- Plants: Removal of Potentilla robbinsiana mittee on Government Reform. mercial Activities; to the Committee on (Robbins’ cinquefoil) From the Federal List 8614. A letter from the Chairman, Council Government Reform. of Endangered and Threatened Plants (RIN: of the District of Columbia, transmitting a 8628. A letter from the Director, Office of 1018-AH56) received August 23, 2002, pursuant copy of D.C. ACT 14-441, ‘‘Domestic Relations Personnel Management, transmitting the Of- to 5 U.S.C. 801(a)(1)(A); to the Committee on Laws Clarification Act of 2002’’ received Au- fice’s final rule — Awards (RIN: 3206-AJ65) Resources. 8639. A letter from the Assistant Secretary gust 21, 2002, pursuant to D.C. Code section received August 23, 2002, pursuant to 5 U.S.C. for Water and Science, Bureau of Reclama- 1—233(c)(1); to the Committee on Govern- 801(a)(1)(A); to the Committee on Govern- ment Reform. tion, Department of the Interior, transmit- ment Reform. ting the Department’s final rule — Public 8615. A letter from the Chairman, Council 8629. A letter from the Director, Office of Conduct on Bureau of Reclamation Lands of the District of Columbia, transmitting a Personnel Management, transmitting the Of- and Projects (RIN: 1006-AA44) received Au- copy of D.C. ACT 14-459, ‘‘Technical Amend- fice’s final rule — Prevailing Rate Systems; gust 23, 2002, pursuant to 5 U.S.C. ment Act of 2002’’ received August 21, 2002, Definition of San Joaquin County, Cali- fornia, as a Nonappropriated Fund Wage 801(a)(1)(A); to the Committee on Resources. pursuant to D.C. Code section 1—233(c)(1); to 8640. A letter from the Assistant Secretary, Area (RIN: 3205-AJ35) received August 13, the Committee on Government Reform. Bureau of Indian Affairs, Department of the 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8616. A letter from the Chairman, Council Interior, transmitting the Department’s Committee on Government Reform. of the District of Columbia, transmitting a final rule — Trust Management Reform: Re- 8630. A letter from the Director, Office of copy of D.C. ACT 14-440, ‘‘Improved Child peal of Outdated Rules (RIN: 1076-AE20) re- Personnel Management, transmitting the Abuse Investigations Amendment Act of ceived August 23, 2002, pursuant to 5 U.S.C. 2002’’ received August 21, 2002, pursuant to Department’s final rule — Prevailing Rate 801(a)(1)(A); to the Committee on Resources. D.C. Code section 1—233(c)(1); to the Com- Systems; Change in the Survey Cycle for the 8641. A letter from the Under Secretary of mittee on Government Reform. Portland, Oregon, Appropriated Fund Wage Commerce for Oceans and Atmosphere, Na- 8617. A letter from the Auditor, District of Area (RIN: 3206-AJ60) received August 13, tional Oceanic and Atmospheric Administra- Columbia, transmitting a copy of a report 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the tion, transmitting the activities of the entitled, ‘‘Audit of Advisory Neighborhood Committee on Government Reform. Northwest Atlantic Fisheries Organization Commission 7D for Fiscal Years 2000, 2001, 8631. A letter from the Special Counsel, Of- for 2001; to the Committee on Resources. and 2002 Through March 31, 2002,’’ pursuant fice of Special Counsel, transmitting the An- 8642. A letter from the Division Chief, Ma- to D.C. Code section 47—117(d); to the Com- nual Report of the Office of Special Counsel rine Mammal Conservation Division, Office mittee on Government Reform. (OSC) for Fiscal Year (FY) 2001, pursuant to of Protected Resources, National Oceanic 8618. A letter from the Comptroller Gen- 5 U.S.C. 1211; to the Committee on Govern- and Atmospheric Administration, transmit- eral, General Accounting Office, transmit- ment Reform. ting the Administration’s final rule — Tak- ting a list of all reports issued or released in 8632. A letter from the Chairman, Federal ing and Importing Marine Mammals; Taking May 2002, pursuant to 31 U.S.C. 719(h); to the Election Commission, transmitting the Com- Marine Mammals Incidental to Navy Oper- Committee on Government Reform. mission’s final rule — Reorganization of Reg- ations of Surveillance Towed Array Sensor 8619. A letter from the Assistant General ulations on ‘‘Contribution’’ and ’’Expendi- System Low Frequency Active Sonar [Dock- Counsel for Regulations, Department of ture’’ [Notice 2002-12] received July 30, 2002, et No. 990927266-2137-03; I.D. 072699A] (RIN: Housing and Urban Development, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0648-AM62) received August 6, 2002, pursuant ting the Department’s final rule — Imple- mittee on House Administration. to 5 U.S.C. 801(a)(1)(A); to the Committee on mentation of the Electronic Freedom of In- 8633. A letter from the Assistant Secretary Resources. formation Act [Docket No. FR-4716-F-02] for Fish and Wildlife and Parks, Department 8643. A letter from the Acting Director, Of- (RIN: 2508-AA12) received July 30, 2002, pur- of the Interior, transmitting the Depart- fice of Sustainable Fisheries, NMFS, Na- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s final rule — Procedures for Estab- tional Oceanic and Atmospheric Administra- mittee on Government Reform. lishing Spring/Summer Subsistence Harvest tion, transmitting the Administration’s final

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6050 CONGRESSIONAL RECORD — HOUSE September 4, 2002 rule — Fisheries Off West Coast States and mitting the Administration’s final rule — 8659. A letter from the Deputy Assistant in the Western Pacific; West Coast Salmon Fisheries of the Northeastern United States; Administrator for Regulatory Programs, Fisheries; Inseason Adjustment 2-Closure of Black Sea Bass Fishery; Commercial Quota NMFS, National Oceanic and Atmospheric the Commercial Fishery from U.S.-Canada Harvested for Quarter 3 Period [Docket No.; Administration, transmitting the Adminis- Border to Cape Falcon, OR [Docket No. I.D. 073002A] received August 23, 2002, pursu- tration’s final rule — Fisheries off West 020430101-2101-01; I.D. 070202C] received July ant to 5 U.S.C. 801(a)(1)(A); to the Committee Coast States and in the Western Pacific; Pre- 30, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to on Resources. cious Corals Fisheries; Harvest Quotas, Defi- the Committee on Resources. 8652. A letter from the Assistant Adminis- nitions, Size Limits, Gear Restrictions, and 8644. A letter from the Acting Director, Of- trator for Fisheries, NMFS, National Oce- Bed Classification [Docket No. 000816233-1154- fice of Sustainable Fisheries, NMFS, Na- anic and Atmospheric Administration, trans- 02; I.D. 050200A] (RIN: 0648-AK23) received tional Oceanic and Atmospheric Administra- mitting the Administration’s final rule — August 13, 2002, pursuant to 5 U.S.C. tion, transmitting the Administration’s final Fisheries of the Northeastern United States; 801(a)(1)(A); to the Committee on Resources. rule — Fisheries of the Exclusive Economic Fishery Management Plan for the Summer 8660. A letter from the Director, Office of Zone Off Alaska; Pacific Ocean Perch in the Flounder, Scup, and Black Sea Bass Fish- Sustainable Fisheries, NMFS, National Oce- Western Regulatory Area of the Gulf of Alas- eries; Recreational Measures for the 2002 anic and Atmospheric Administration, trans- ka [Docket No. 011218304-1304-01; I.D. 071502B] Fisheries [Docket No. 010710173-2184-05; I.D. mitting the Administration’s final rule — received July 30, 2002, pursuant to 5 U.S.C. 032102A] (RIN: 0648-AN70) received August 23, Atlantic Highly Migratory Species Fisheries; 801(a)(1)(A); to the Committee on Resources. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Atlantic Bluefin Tuna [I.D. 071202D] received 8645. A letter from the Acting Director, Of- Committee on Resources. August 13, 2002, pursuant to 5 U.S.C. fice of Sustainable Fisheries, NMFS, Na- 8653. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Resources. tional Oceanic and Atmospheric Administra- Sustainable Fisheries, NMFS, National Oce- 8661. A letter from the Acting Director, Of- tion, transmitting the Administration’s final anic and Atmospheric Administration, trans- fice of Sustainable Fisheries, NMFS, Na- rule — Fisheries of the Exclusive Economic mitting the Administration’s final rule — tional Oceanic and Atmospheric Administra- Zone Off Alaska; Pelagic Shelf Rockfish in Fisheries of the Northeastern United States; tion, transmitting the Administration’s final the West Yakutat District of the Gulf of Summer Flounder, Scup, and Black Sea Bass rule — Fisheries Off West Coast States and Alaska [Docket No. 01121834-1304-01; I.D. Fisheries; Adjustment to the 2002 Scup Win- in the Western Pacific; Pacific Coast 071502C) received July 30, 2002, pursuant to 5 ter II Commercial Quota [Docket No. Groundfish Fishery; End of the Primary Sea- U.S.C. 801(a)(1)(A); to the Committee on Re- 011109274-1301-02; I.D. 072202B] received Au- son and Resumption of Trip Limits for the sources. gust 27, 2002, pursuant to 5 U.S.C. Shore-based Fishery for Pacific Whiting 8646. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Resources. [Docket No. 020402077-01; I.D. 071202E] re- fice of Sustainable Fisheries, NMFS, Na- 8654. A letter from the Acting Director, Of- ceived August 13, 2002, pursuant to 5 U.S.C. tional Oceanic and Atmospheric Administra- fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Resources. tion, transmitting the Administration’s final tional Oceanic and Atmospheric Administra- 8662. A letter from the Acting Director, Of- rule — Fisheries Off West Coast States and tion, transmitting the Administration’s final fice of Sustainable Fisheries, NMFS, Na- in the Western Pacific; West Coast Salmon rule — Fisheries of the Exclusive Economic tional Oceanic and Atmospheric Administra- Fisheries; Inseason Adjustment 3-Adjust- Zone Off Alaska; Pacific Ocean Perch in the tion, transmitting the Administration’s final ment of the Commercial Fishery from the Central Regulatory Area of the Gulf of Alas- rule — Fisheries of the Exclusive Economic U.S.-Canada Border to Cape Falcon, OR ka [Docket No. 011218304-1304-01; I.D. 080502A] Zone Off Alaska; Pelagic Shelf Rockfish in [Docket No. 020430101-2101-01; I.D. 070902D] re- received August 23, 2002, pursuant to 5 U.S.C. the Central Regulatory Area of the Gulf of Alaska [Docket No. 011218304-1304-01; I.D. ceived July 30, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. 071902B] received August 13, 2002, pursuant to 801(a)(1)(A); to the Committee on Resources. 8655. A letter from the Director, Office of 8647. A letter from the Acting Director, Of- Sustainable Fisheries, NMFS, National Oce- 5 U.S.C. 801(a)(1)(A); to the Committee on fice of Sustainable Fisheries, NMFS, Na- anic and Atmospheric Administration, trans- Resources. 8663. A letter from the Acting Director, Of- tional Oceanic and Atmospheric Administra- mitting the Administration’s final rule — fice of Sustainable Fisheries, NMFS, Na- tion, transmitting the Administration’s final Fisheries Off West Coast States and in the tional Oceanic and Atmospheric Administra- rule — Fisheries of the Exclusive Economic Western Pacific; Pacific Coast Groundfish tion, transmitting the Administration’s final Zone Off Alaska; Northern Rockfish in the Fishery; Removal of the Sablefish Size Limit rule — Fisheries of the Exclusive Economic Western Regulatory Area of the Gulf of Alas- South of 36 degrees N. Latitude for Limited Zone Off Alaska; Northern Rockfish in the ka [docket No. 011218304-1304-01; I.D. 071702A] Entry Fixed Gear and Open Access Fisheries Central Regulatory Area of the Gulf of Alas- [Docket No. 011231309-2090-03; I.D. 072902E] re- received July 30, 2002, pursuant to 5 U.S.C. ka [Docket No. 011218304-1304-01; I.D. 071902C] ceived August 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. received August 13, 2002, pursuant to 5 U.S.C. 8648. A letter from the Director, Office of 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Resources. 8656. A letter from the Acting Director, Of- Sustainable Fisheries, NMFS, National Oce- 8664. A letter from the Acting Director, Of- fice of Sustainable Fisheries, NMFS, Na- anic and Atmospheric Administration, trans- fice of Sustainable Fisheries, NMFS, Na- mitting the Administration’s final rule — tional Oceanic and Atmospheric Administra- tional Oceanic and Atmospheric Administra- Atlantic Highly Migratory Species; Pelagic tion, transmitting the Administration’s final tion, transmitting the Administration’s final Longline Fishery; Shark Gillnet Fishery; rule — Fisheries Off West Coast States and rule — Fisheries of the Exclusive Economic Sea Turtle and Whale Protection Measures in the Western Pacific; West Coast Salmon Zone Off Alaska; Species in the Rock Sole/ [Docket No. 020325067-2161-02; I.D. 080901B] Fisheries; Inseason Action 7 — Adjustment Flathead Sole/‘‘Other Flatfish’’ Fishery Cat- (RIN: 0648-AP49) received July 30, 2002, pursu- of the Commercial Fishery from the U.S. — egory by Vessels Using Trawl Gear in Bering ant to 5 U.S.C. 801(a)(1)(A); to the Committee Canada Border to Cape Falcon, OR [Docket Sea and Aleutian Islands Manageent Area on Resources. No. 020430101-2101-01; I.D. 080202E] received [Docket No. 011218304-1304-01; I.D. 072902C] re- 8649. A letter from the Assistant Adminis- August 23, 2002, pursuant to 5 U.S.C. ceived August 13, 2002, pursuant to 5 U.S.C. trator, National Oceanic and Atmospheric 801(a)(1)(A); to the Committee on Resources. 801(a)(1)(A); to the Committee on Resources. Administration, transmitting the Adminis- 8657. A letter from the Acting Director, Of- 8665. A letter from the Director, Office of tration’s final rule — Sea Grant National fice of Sustainable Fisheries, NMFS, Na- Sustainable Fisheries, NMFS, National Oce- Strategic Investments in Aquatic Nuisance tional Oceanic and Atmospheric Administra- anic and Atmospheric Administration, trans- Species, Oyster Disease, and Gulf of Mexico tion, transmitting the Administration’s final mitting the Administration’s final rule — Oyster Industry: Request for Proposals for rule — Fisheries of the Exclusive Economic Fisheries of the Caribbean, Gulf of Mexico, FY 2003 [Docket No. 990125030-2149-03] (RIN: Zone Off Alaska; Shallow-Water Species and South Atlantic; Reef Fish Fishery of the 0648-ZA56) received August 23, 2002, pursuant Fishery by Vessels Using Trawl Gear in the Gulf of Mexico; Reopening of the Commer- to 5 U.S.C. 801(a)(1)(A); to the Committee on Gulf of Alaska [Docket No. 011218304-1304-01; cial Red Snapper Component [I.D. 072302B] Resources. I.D. 080202F] received August 23, 2002, pursu- received August 13, 2002, pursuant to 5 U.S.C. 8650. A letter from the Deputy Assistant ant to 5 U.S.C. 801(a)(1)(A); to the Committee 801(a)(1)(A); to the Committee on Resources. Administrator for Regulatory Programs, on Resources. 8666. A letter from the Acting Division NMFS, National Oceanic and Atmospheric 8658. A letter from the Division Chief, Ma- Chief, Marine Mammal Division, National Administration, transmitting the Adminis- rine Mammal Conservation Division, Office Oceanic Atmospheric Administration, trans- tration’s final rule — Magnuson-Stevens of Protected Resources, NMFS, National mitting the Administration’s final rule — Fishery Conservation and Management Act Oceanic and Atmospheric Administration, Taking of Marine Mammals Incidental to Provisions; Fisheries of the Northeastern transmitting the Administration’s final rule Commercial Fishing Operations; Tuna Purse United States; Northeast Multispecies Fish- — Taking and Importing Marine Mammals; Seine Vessels in the Eastern Tropical Pacific ery [Docket No. 020409080-2174-05; I.D. Taking Bottlenose Dolphins and Spotted Ocean (ETP) [Docket 990324081-9336-02, 061402D] (RIN: 0648-AP78) received August 27, Dolphins Incidental to Oil and Gas Structure ID072098G] (RIN: 0648-A185) received August 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Removal Activities in the Gulf of Mexico 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on Resources. [Docket No. 020326071-2166-02; I.D. 061402E] the Committee on Resources. 8651. A letter from the Director, Office of (RIN: 0648-AP83) received August 21, 2002, 8667. A letter from the Attorney General, Sustainable Fisheries, NMFS, National Oce- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Justice, transmitting the an- anic and Atmospheric Administration, trans- mittee on Resources. nual report on the status of the United

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6051 States Parole Commission, pursuant to 18 York and New Jersey; to the Committee on 10666; Airspace Docket No. ASD 01-ASW-12] U.S.C. 4201 nt.; to the Committee on the Ju- Transportation and Infrastructure. received July 26, 2002, pursuant to 5 U.S.C. diciary. 8679. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- 8668. A letter from the Director, Regula- Directorate of Civil Works, Operations Divi- tation and Infrastructure. tions and Forms Services Division, Depart- sion, Department of Defense, Army Corps of 8689. A letter from the Program Analyst, ment of Justice, transmitting the Depart- Engineers, transmitting the Department’s FAA, Department of Transportation, trans- ment’s final rule — Reduced Course Load for final rule — United States Navy Restricted mitting the Department’s final rule — Air- Certain F and M Nonimmigrant Students In Area, Hampton Roads and Willoughby Bay, worthiness Directives [Docket No. FAA-2000- Border Communities [INS No. 2220-02] (RIN: Virginia — received July 9, 2002, pursuant to 8460; Amdt. No. 39-9474] (RIN: 2120-AA64) re- 1115 -AG75) received August 27, 2002, pursuant 5 U.S.C. 801(a)(1)(A); to the Committee on ceived July 26, 2002, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- the Judiciary. 8680. A letter from the Program Analyst, tation and Infrastructure. 8669. A letter from the Rules Adminis- Directorate of Civil Works, Operations Divi- 8690. A letter from the Program Analyst, trator, Federal Bureau of Prisons, Depart- sion, Department of Defense, Army Corps of FAA, Department of Transportation, trans- ment of Justice, transmitting the Depart- Engineers, transmitting the Department’s mitting the Department’s final rule — Air- ment’s final rule — Administrative Remedy final rule — United States Navy Restricted worthiness Directives; de Havilland Inc. Program: Excluded Matters [BOP-1076-F] Area, Elizabeth River, Virginia — received Models DHC-2 Mk. I, DHC-2 Mk. II, and DHC- (RIN: 1120-AA72) received August 23, 2002, July 9, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); 2 Mk. III Airplanes [Docket No. 97-CE-70-AD; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Transportation and In- Amendment 39-12796; AD 2002-13-08] (RIN: mittee on the Judiciary. frastructure. 2120-AA64) received July 26, 2002, pursuant to 8670. A letter from the Senior Counsel, 8681. A letter from the Secretary, Depart- 5 U.S.C. 801(a)(1)(A); to the Committee on DOJ, Civil Division, Torts Branch, Depart- ment of Transportation, transmitting a re- Transportation and Infrastructure. ment of Justice, transmitting the Depart- port on the voluntary national guidelines for 8691. A letter from the Program Analyst, ment’s final rule — Claims Under the Radi- ballast water management; to the Com- FAA, Department of Transportation, trans- ation Exposure Compensation Act Amend- mittee on Transportation and Infrastruc- mitting the Department’s final rule — Air- ments of 2000; Technical Amendments ture. worthiness Directives; CFE Company Model [CIV100F; AG Order No. 2604-2002] (RIN: 1105- 8682. A letter from the Regulations Officer, CFE738-1-1B Turbofan Engines [Docket No. AA75) received August 22, 2002, pursuant to 5 FMCSA, Department of Transportation, 99-NE-39-AD; Amendment 39-12791; AD 99-27- U.S.C. 801(a)(1)(A); to the Committee on the transmitting the Department’s final rule — 16R1] (RIN: 2120-AA64) received July 26, 2002, Judiciary. Commercial Driver’s License Standards, Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8671. A letter from the Director, Regula- quirements and Penalties; Commercial Driv- mittee on Transportation and Infrastruc- tions and Forms Services Division, INS, De- er’s License Program Improvements and ture. partment of Justice, transmitting the De- Noncommercial Motor Vehicle Violations 8692. A letter from the Program Analyst, partment’s final rule — Allowing in Certain [Docket Nos. FMCSA-2001-9709 and FMCSA- FAA, Department of Transportation, trans- Circumstances for the Filing of Form I-140 00-7382] (RIN: 2126-AA60 and RIN: 2126-AA55) mitting the Department’s final rule — Air- Visa Petition Concurrently With a Form I- received July 18, 2002, pursuant to 5 U.S.C. worthiness Directives; MD Helicopters, Inc. 485 Application [INS No. 2104-00] (RIN: 1115- 801(a)(1)(A); to the Committee on Transpor- Model 369D, 369E, 369F, and 369FF Heli- AG00) received August 1, 2002, pursuant to 5 tation and Infrastructure. copters [Docket No. 2001-SW-40-AD; Amend- U.S.C. 801(a)(1)(A); to the Committee on the 8683. A letter from the Program Analyst, ment 39-12793; AD 2002-13-05] (RIN: 2120-AA64) Judiciary. FAA, Department of Transportation, trans- received July 26, 2002, pursuant to 5 U.S.C. 8672. A letter from the Assistant Secretary mitting the Department’s final rule — 801(a)(1)(A); to the Committee on Transpor- for Legislative Affairs, Department of State, Standard Instrument Approach Procedures; tation and Infrastructure. transmitting the Department’s final rule — Miscellaneous Amendments [Docket No. 8693. A letter from the Program Analyst, Visas: Documentation of Nonimmigrants 30317; Amdt. No. 3012] received July 26, 2002, FAA, Department of Transportation, trans- Under the Immigration and Nationality Act: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- XIX Olympic Winter Games and VIII mittee on Transportation and Infrastruc- worthiness Directives; Boeing Model 727 Se- Paralympic Winter Games in Salt Lake City, ture. ries Airplanes [Docket No. 2001-NM-233-AD; UT, 2002 — received 21, 2002, pursuant to 5 8684. A letter from the Program Analyst, Amendment 39-12785; AD 2002-12-13] (RIN: U.S.C. 801(a)(1)(A); to the Committee on the FAA, Department of Transportation, trans- 2120-AA64) received July 26, 2002, pursuant to Judiciary. mitting the Department’s final rule — 5 U.S.C. 801(a)(1)(A); to the Committee on 8673. A letter from the Director, Federal Change Using Agency to Restricted Area R- Transportation and Infrastructure. Judicial Center, transmitting the Federal 4305; Lake Superior, MN [Docket No. FAA- 8694. A letter from the Program Analyst, Judicial Center’s Annual Report for 2001, 2002-12100; Airspace Docket No. 02-AGL-5] FAA, Department of Transportation, trans- pursuant to 28 U.S.C. 623(b); to the Com- (RIN: 2120-AA66) received July 26, 2002, pur- mitting the Department’s final rule — Air- mittee on the Judiciary. suant to 5 U.S.C. 801(a)(1)(A); to the Com- worthiness Directives; CFM International 8674. A letter from the Staff Director, mittee on Transportation and Infrastruc- (CFMI) CFM56-2, -2A, -2B, -3, -3B, -3C, -5, -5B, United States Commission On Civil Rights, ture. -5C, and -7B Series Turbofan Engines [Docket transmitting the list of state advisory com- 8685. A letter from the Program Analyst, No. 98-ANE-38-AD; Amendment 39-12790; AD mittees recently rechartered by the Commis- FAA, Department of Transportation, trans- 2002-13-03] (RIN: 2120-AA64) received July 26, sion; to the Committee on the Judiciary. mitting the Department’s final rule — 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8675. A letter from the Clerk, United States Amendment of Class D Airspace; Marietta Committee on Transportation and Infra- Court of Federal Claims, transmitting the Dobbins ARB (NAS Atlanta), GA [Airspace structure. court’s report for the year ended September Docket No. 02-ASO-5] received July 26, 2002, 8695. A letter from the Program Analyst, 30, 2001, pursuant to 28 U.S.C. 791(c); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- Committee on the Judiciary. mittee on Transportation and Infrastruc- mitting the Department’s final rule — Air- 8676. A letter from the Administrator, ture. worthiness Directives; Bombardier Model FAA, Department of Transportation, trans- 8686. A letter from the Program Analyst, DHC-8-100, -200, and -300 Series Airplanes mitting the sixth annual report of actions FAA, Department of Transportation, trans- [Docket No. 2001-NM-69-AD; Amendment 39- the Federal Aviation Administration has mitting the Department’s final rule — 12783; AD 2002-12-11] (RIN: 2120-AA64) received taken in response to Section 304 of the Fed- Standard Instrument Approach Procedures; July 26, 2002, pursuant to 5 U.S.C. eral Aviation Administration Authorization Miscellaneous Amendments [Docket No. 801(a)(1)(A); to the Committee on Transpor- Act of 1994, pursuant to 49 U.S.C. 40101nt.; to 30319; Amdt. No. 3013] received July 26, 2002, tation and Infrastructure. the Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8696. A letter from the Program Analyst, structure. mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- 8677. A letter from the Attorney, RSPA, ture. mitting the Department’s final rule — Air- Department of Transportation, transmitting 8687. A letter from the Program Analyst, worthiness Directives; Pratt & Whitney the Department’s final rule — Pipeline Safe- FAA, Department of Transportation, trans- PW4000 Series Turbofan Engines [Docket No. ty: High Consequence Areas For Gas Trans- mitting the Department’s final rule — 2000-NE-49-AD; Amendment 39-12787; AD 2002- mission Pipelines [Docket No. RSPA-00-7666; Standard Instrument Approach Procedures; 12-15] (RIN: 2120-AA64) received July 26, 2002, Amendment 192-77] (RIN: 2137-AD64) received Miscellaneous Amendments [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- August 9, 2002, pursuant to 5 U.S.C. 30316; Amdt. No. 3011] received July 26, 2002, mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. tation and Infrastructure. mittee on Transportation and Infrastruc- 8697. A letter from the Program Analyst, 8678. A letter from the Assistant Secretary ture. FAA, Department of Transportation, trans- of the Army, Department of Defense, trans- 8688. A letter from the Program Analyst, mitting the Department’s final rule — Air- mitting the Department’s report on naviga- FAA, Department of Transportation, trans- worthiness Directives; McDonnell Douglas tion improvements for the Arthur Kill Chan- mitting the Department’s final rule — Revi- Model MD-90-30 Airplanes [Docket No. 2000- nel-Howland Hook Marine Terminal, New sion of Jet Route [Docket No. FAA 2001- NM-197-AD; Amendment 39-12788; AD 2002-13-

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6052 CONGRESSIONAL RECORD — HOUSE September 4, 2002 01] (RIN: 2120-AA64) received July 26, 2002, LA (CGD08-01-018) received July 16, 2002, pur- [Docket No. 2002-NE-07-AD; Amendment 39- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 12760; AD 2002-10-14] (RIN: 2120-AA64) received mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- July 25, 2002, pursuant to 5 U.S.C. ture. ture. 801(a)(1)(A); to the Committee on Transpor- 8698. A letter from the Attorney, RSPA, 8708. A letter from the Chief, Regulations tation and Infrastructure. Department of Transportation, transmitting and Administrative Law, USCG, Department 8717. A letter from the Program Analyst, the Department’s final rule — Hazardous Ma- of Transportation, transmitting the Depart- FAA, Department of Transportation, trans- terials: Revision to Standards for Infectious ment’s final rule — Security Zones; Captain mitting the Department’s final rule — Air- Substances [Docket No. RSPA-98-3971] (RIN: of the Port Chicago Zone, Lake Michigan worthiness Directives; Bombardier Model 2137-AD13) received August 9, 2002, pursuant [CGD09-02-008] (RIN: 2115-AA97) received July CL-215-1A10 and CL-215-6B11 Series Airplanes to 5 U.S.C. 801(a)(1)(A); to the Committee on 18, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to [Docket No. 2000-NM-398-AD; Amendment 39- Transportation and Infrastructure. the Committee on Transportation and Infra- 12784; AD 2002-12-12] (RIN: 2120-AA64) received 8699. A letter from the Attorney, RSPA, structure. July 25, 2002, pursuant to 5 U.S.C. Department of Transportation, transmitting 8709. A letter from the Senior Rulemaking 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Brake Per- Analyst, Department of Transportation, tation and Infrastructure. formance Requirements for Commercial transmitting the Department’s final rule — 8718. A letter from the Program Analyst, Motor Vehicles Inspected by Performance- Investigative and Enforcement Procedures FAA, Department of Transportation, trans- Based Brake Testers [Docket No. FCMSA-99- [Docket No. TSA-2002-12777] (RIN: 2110-AA09) mitting the Department’s final rule — Air- worthiness Directives; Eurocopter Deutsch- 6266] (RIN: 2126-AA46) received August 9, 2002, received August 6, 2002, pursuant to 5 U.S.C. land GmbH (ECD) Model BO-105A, BO-105C, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- B0-105 C-2, BO-105 CB-2, BO-105 CB-4, BO- mittee on Transportation and Infrastruc- tation and Infrastructure. 105S, BO-105 CS-2, BO-105 CBS-2, B0-105 CBS- ture. 8710. A letter from the Program Analyst, 4, and BO-105LS A-1 Helicopters [Docket No. 8700. A letter from the Chief, Regulations FAA, Department of Transportation, trans- 2002-SW-07-AD; Amendment 39-12794; AD 2002- and Administrative Law, USCG, Department mitting the Department’s final rule — Air- 13-06] (RIN: 2120-AA64) received July 25, 2002, of Transportation, transmitting the Depart- worthiness Directives; Air Tractor, Inc. Mod- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- els AT-300, AT-301, AT-302, AT-400, and AT- ment’s final rule — Security Zone; Lake mittee on Transportation and Infrastruc- 400A Airplanes [Docket No. 2002-CE-22-AD; Michigan, Point Beach Nuclear Power Plant ture. [CGD09-01-137] (RIN: 2115-AA97) received July Amendment 39-12789; AD 2002-13-02] (RIN: 8719. A letter from the Program Analyst, 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 2120-AA64) received July 25, 2002, pursuant to FAA, Department of Transportation, trans- the Committee on Transportation and Infra- 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Air- structure. Transportation and Infrastructure. worthiness Directives; Eurocopter France 8701. A letter from the Chief, Regulations 8711. A letter from the Program Analyst, Model SA330F, G, J, and AS332C, L, and L1 and Administrative Law, USCG, Department FAA, Department of Transportation, trans- Helicopters [Docket No. 2002-SW-34-AD; of Transportation, transmitting the Depart- mitting the Department’s final rule — Air- Amendment 39-12786; AD 2002-12-14] (RIN: ment’s final rule — Security Zone: Saint worthiness Directives; Boeing Model 737-600, 2120-AA64) received July 25, 2002, pursuant to Lawrence River, Massena, NY [CGD09-01-128] -700, -700C, and -800 Series Airplanes [Docket 5 U.S.C. 801(a)(1)(A); to the Committee on (RIN: 2115-AA97) received July 16, 2002, pur- No. 2002-NM-76-AD; Amendment 39-12732; AD Transportation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 2002-08-20] (RIN: 2120-AA64) received July 25, 8720. A letter from the Program Analyst, mittee on Transportation and Infrastruc- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the FAA, Department of Transportation, trans- ture. Committee on Transportation and Infra- mitting the Department’s final rule — Air- 8702. A letter from the Chief, Regulations structure. worthiness Directives; Teledyne Continental and Administrative Law, USCG, Department 8712. A letter from the Program Analyst, Motors [Docket No. 2000-NE-19-AD; Amend- of Transportation, transmitting the Depart- FAA, Department of Transportation, trans- ment 39-12792; AD 2002-13-04] (RIN: 2120-AA64) ment’s final rule — Security Zone; Lake mitting the Department’s final rule — Air- received July 25, 2002, pursuant to 5 U.S.C. Michigan, Kewaunee Nuclear Power Plant worthiness Directives; Rolls-Royce plc.Tay 801(a)(1)(A); to the Committee on Transpor- [CGD09-01-138] (RIN: 2115-AA97) received July Model 650-15 and 651-54 Turbofan Engines; tation and Infrastructure. 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Correction [Docket No. 2001-NE-36-AD; 8721. A letter from the Chief, Regulations the Committee on Transportation and Infra- Amendment 39-12735; AD 2002-09-02] received and Administrative Law, USCG, Department structure. July 25, 2002, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- 8703. A letter from the Chief, Regulations 801(a)(1)(A); to the Committee on Transpor- ment’s final rule — Safety Zone; Chelsea and Administrative Law, USCG, Department tation and Infrastructure. River Safety Zone for McArdle Bridge Re- of Transportation, transmitting the Depart- 8713. A letter from the Program Analyst, pairs, Chelsea River, East Boston, Massachu- ment’s final rule — Security Zone, Lake On- FAA, Department of Transportation, trans- setts [CGD01-02-096] (RIN: 2115-AA97) re- tario, Rochester, NY [CGD09-01-125] (RIN: mitting the Department’s final rule — Air- ceived July 26, 2002, pursuant to 5 U.S.C. 2115-AA97) received July 16, 2002, pursuant to worthiness Directives; Boeing Model 767-200 801(a)(1)(A); to the Committee on Transpor- 5 U.S.C. 801(a)(1)(A); to the Committee on Series Airplanes [Docket No. 2000-NM-382- tation and Infrastructure. Transportation and Infrastructure. AD; Amendment 39-12777; AD 2002-12-05] (RIN: 8722. A letter from the Chief, Regulations 8704. A letter from the Chief, Regulations 2120-AA64) received July 25, 2002, pursuant to and Administrative Law, USCG, Department and Administrative Law, USCG, Department 5 U.S.C. 801(a)(1)(A); to the Committee on of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- Transportation and Infrastructure. ment’s final rule — Drawbridge Operation Regulations; Flagler Memorial, Atlantic In- ment’s final rule — Security Zone; Calvert 8714. A letter from the Program Analyst, tracoastal Waterway, Palm Beach, Palm Cliffs Nuclear Power Plant, Chesapeake Bay, FAA, Department of Transportation, trans- Beach County, FL [CGD07-02-094] received Calvert County, MD [CGD05-01-071] (RIN: mitting the Department’s final rule — Air- July 30, 2002, pursuant to 5 U.S.C. 2115-AA97) received July 16, 2002, pursuant to worthiness Directives; Honeywell Inter- 801(a)(1)(A); to the Committee on Transpor- national Inc. (Formerly AlliedSignal Inc. 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. Transportation and Infrastructure. and Garrett Turbine Engine Company) 8723. A letter from the Chief, Regulations 8705. A letter from the Chief, Regulations TPE331-11U, -12B, -12JR, -12UA, -12UAR, and and Administrative Law, USCG, Department and Administrative Law, USCG, Department -12UHR Series Turboprop Engines [Docket of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- No. 2001-NE-39-AD; Amendment 39-12781; AD ment’s final rule — Safety Zone: Vessel ment’s final rule — Security Zones; Cruise 2002-12-09] (RIN: 2120-AA64) received July 25, Launches, Bath Iron Works, Kennebec River, Ships, Port of San Diego, CA [COTP San 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Bath, Maine [CGD01-01-155] (RIN: 2115-AA97) Diego 02-013] (RIN: 2115-AA97) received July Committee on Transportation and Infra- received July 30, 2002, pursuant to 5 U.S.C. 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. 801(a)(1)(A); to the Committee on Transpor- the Committee on Transportation and Infra- 8715. A letter from the Program Analyst, tation and Infrastructure. structure. FAA, Department of Transportation, trans- 8724. A letter from the Chief, Regulations 8706. A letter from the Chief, Regulations mitting the Department’s final rule — Air- and Administrative Law, USCG, Department and Administrative Law, USCG, Department worthiness Directives; Bombardier Model of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- CL-600-2C10 (Regional Jet Series 700 and 701) ment’s final rule — Security Zones; Captain ment’s final rule — Safety Zone; Gary Air Series Airplanes [Docket No. 2002-NM-99-AD; of the Port Milwaukee Zone, Lake Michigan and Water Show, Lake Michigan, Gary, IN Amendment 39-12731; AD 2002-08-19] (RIN: [CGD09-02-007] (RIN: 2115-AA97) received July [CGD09-02-020] received July 16, 2002, pursu- 2120-AA64) received July 25, 2002, pursuant to 30, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ant to 5 U.S.C. 801(a)(1)(A); to the Committee 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on Transportation and Infra- on Transportation and Infrastructure. Transportation and Infrastructure. structure. 8707. A letter from the Chief, Regulations 8716. A letter from the Program Analyst, 8725. A letter from the Chief, Regulations and Administrative Law, USCG, Department FAA, Department of Transportation, trans- and Administrative Law, USCG, Department of Transportation, transmitting the Depart- mitting the Department’s final rule — Air- of Transportation, transmitting the Depart- ment’s final rule — Drawbridge Operation worthiness Directives; Bombardier-Rotax ment’s final rule — Safety Zone; North Pa- Regulation; Inner Harbor Navigation Canal, GmbH 914 F Series Reciprocating Engines cific Ocean, Gulf of the Farallones, Offshore

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6053 of San Francisco, CA [COTP San Francisco of Transportation, transmitting the Depart- July 11, 2002, pursuant to 5 U.S.C. Bay 02-008] (RIN: 2115-AA97) received July 30, ment’s final rule — Drawbridge Operating 801(a)(1)(A); to the Committee on Transpor- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Regulation; Bonfouca Bayou, LA [CGD08-02- tation and Infrastructure. Committee on Transportation and Infra- 013] received July 11, 2002, pursuant to 5 8745. A letter from the Chief, Regulations structure. U.S.C. 801(a)(1)(A); to the Committee on and Administrative Law, USCG, Department 8726. A letter from the Chief, Regulations Transportation and Infrastructure. of Transportation, transmitting the Depart- and Administrative Law, USCG, Department 8736. A letter from the Chief, Regulations ment’s final rule — Safety Zone; Swimming of Transportation, transmitting the Depart- and Administrative Law, USCG, Department Across San Juan Harbor, San Juan, Puerto ment’s final rule — Drawbridge Operation of Transportation, transmitting the Depart- Rico [COTP San Juan-02-049] (RIN: 2115- Regulations: Hackensack River, NJ [CGD01- ment’s final rule — Safety Zone; North Pa- AA97) received July 11, 2002, pursuant to 5 02-077] received July 30, 2002, pursuant to 5 cific Ocean, Gulf of the Farallones, Offshore U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on of San Francisco, CA [COTP San Francisco Transportation and Infrastructure. Transportation and Infrastructure. Bay 02-008] (RIN: 2115-AA97) received July 11, 8746. A letter from the Chief, Regulations 8727. A letter from the FHWA Regulations 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the and Administrative Law, USCG, Department Officer, Department of Transportation, Committee on Transportation and Infra- of Transportation, transmitting the Depart- transmitting the Department’s final rule — structure. ment’s final rule — Safety Zone; Fore River Planning and Research Program Administra- 8737. A letter from the Chief, Regulations Channel — Weymouth Fore River — Wey- tion [FHWA Docket No. FHWA-2001-8874] and Administrative Law, USCG, Department mouth, Massachusetts [CGD01-02-031] (RIN: (RIN: 2125-AE84) received July 18, 2002, pursu- of Transportation, transmitting the Depart- 2115-AA97) received July 11, 2002, pursuant to ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment’s final rule — Security Zone; Upper 5 U.S.C. 801(a)(1)(A); to the Committee on on Transportation and Infrastructure. Mississippi River, Mile Marker 507.3 to 506.3, Transportation and Infrastructure. 8728. A letter from the Chief, Regulations Left Descending Bank, Cordova, IL [COTP 8747. A letter from the Chief, Regulations and Administrative Law, USCG, Department St. Louis-02-003] (RIN: 2115-AA97) received and Administrative Law, USCG, Department of Transportation, transmitting the Depart- July 16, 2002, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- ment’s final rule — Security Zones, Naval 801(a)(1)(A); to the Committee on Transpor- ment’s final rule — Safety Zone; Portland Submarine Base Bangor and Naval Sub- tation and Infrastructure. Harbor, Oilrig Construction Project [CGD01- marines, Puget Sound and Strait of Juan De 8738. A letter from the Chief, Regulations 02-064] (RIN: 2115-AA97) received July 11, 2002, Fuca, WA [CGD13-01-015] (RIN: 2115-AA97) re- and Administrative Law, USCG, Department pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived July 18, 2002, pursuant to 5 U.S.C. of Transportation, transmitting the Depart- mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- ment’s final rule — Security Zone; Missouri ture. tation and Infrastructure. River, Mile Marker 646.0 to 645.6, Fort Cal- 8748. A letter from the Chief, Regulations 8729. A letter from the Chief, Regulations houn, Nebraska [COTP St. Louis-02-001] and Administrative Law, USCG, Department and Administrative Law, USCG, Department (RIN: 2115-AA97) received July 16, 2002, pur- of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s final rule — Safety Zone; Carquinez ment’s final rule — Safety and Security mittee on Transportation and Infrastruc- Strait, Vallejo and Crockett, California Zones; Portsmouth Harbor, Portsmouth, New ture. [COTP San Francisco Bay 02-003] (RIN: 2115- Hampshire [CGD01-01-192] (RIN: 2115-AA97) 8739. A letter from the Chief, Regulations AA97) received July 21, 2002, pursuant to 5 received July 11, 2002, pursuant to 5 U.S.C. and Administrative Law, Department of U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- Transportation, transmitting the Depart- Transportation and Infrastructure. tation and Infrastructure. ment’s final rule — Security Zones; San 8749. A letter from the Chief, Regulations 8730. A letter from the Chief, Regulations Francisco Bay, San Francisco, CA [COTP and Administrative Law, USCG, Department and Administrative Law, USCG, Department San Francisco Bay 01-012] (RIN: 2115-AA97) of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- received July 16, 2002, pursuant to 5 U.S.C. ment’s final rule — Safety Zone; Offshore ment’s final rule — Safety and Security 801(a)(1)(A); to the Committee on Transpor- Gran Prix Powerboat Race, Long Beach, Zones; Pilgrim Nuclear Power Plant, Plym- tation and Infrastructure. California [COTP Los Angeles-Long Beach outh, Massachusetts [CGD01-02-002] (RIN: 8740. A letter from the Chief, Regulations 02-011] (RIN: 2115-AA97) received July 11, 2002, 2115-AA97) received July 11, 2002, pursuant to and Administrative Law, USCG, Department 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 of Transportation, transmitting the Depart- mittee on Transportation and Infrastruc- Transportation and Infrastructure. ment’s final rule — Security Zones; Captain ture. 8731. A letter from the FHWA Regulations of the Port Toledo Zone, Lake Erie [CGD09- 8750. A letter from the Chief, Regulations Officer, Department of Transportation, 02-011] (RIN: 2115-AA97) received July 16, 2002, and Administrative Law, USCG, Department transmitting the Department’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Transportation, transmitting the Depart- State Certification of Size and Weight En- mittee on Transportation and Infrastruc- ment’s final rule — Safety Zone; Chesapeake forcement [FHWA Docket No. FHWA-97-2219; ture. Bay, Hampton Roads, James River, VA 9328] (RIN: 2125-AC60) received July 30, 2002, 8741. A letter from the Chief, Regulations [CGD05-02-033] (RIN: 2115-AA97) received July pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Administrative Law, USCG, Department 11, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mittee on Transportation and Infrastruc- of Transportation, transmitting the Depart- the Committee on Transportation and Infra- ture. ment’s final rule — Limited Service Domes- structure. 8732. A letter from the Chief, Regulations tic Voyage Load Lines for River Barges on 8751. A letter from the Attorney, Research and Administrative Law, USCG, Department Lake Michigan [USCG-1998-4623] (RIN: 2115- and Special Programs Administration, De- of Transportation, transmitting the Depart- AF38) received July 16, 2002, pursuant to 5 partment of Transportation, transmitting ment’s final rule — Security Zone: Port U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Pipeline Safe- Valdez and Valdez Narrows, Valdez, Alaska Transportation and Infrastructure. ty; Hazardous Liquid Pipeline Accident Re- [COTP Prince William Sound 02-011] (RIN: 8742. A letter from the Chief, Regulations porting Revisions [Docket No. RSPA-01-8663; 2115-AA97) received July 30, 2002, pursuant to and Administrative Law, USCG, Department Amdt. 195-75] (RIN: 2137-AD56) received July 5 U.S.C. 801(a)(1)(A); to the Committee on of Transportation, transmitting the Depart- 11, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. ment’s final rule — Security Zone; Waters the Committee on Transportation and Infra- 8733. A letter from the Chief, Regulations Adjacent to San Onofre, San Diego County, structure. and Administrative Law, USCG, Department CA [COTP San Diego 02-015] (RIN: 2115-AA97) 8752. A letter from the Attorney, Research of Transportation, transmitting the Depart- received July 16, 2002, pursuant to 5 U.S.C. and Special Programs Administration, De- ment’s final rule — Security Zones; Captain 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting of the Port Houston-Galveston Zone [COTP tation and Infrastructure. the Department’s final rule — Drug and Al- Houston-Galveston-02-011] (RIN: 2115-AA97) 8743. A letter from the Chief, Regulations cohol Testing for Pipeline Facility Employ- received July 11, 2002, pursuant to 5 U.S.C. and Administrative Law, USCG, Department ees [Docket No. RSPA-00-8417; Amdt. 199-19] 801(a)(1)(A); to the Committee on Transpor- of Transportation, transmitting the Depart- (RIN: 2137-AD55) received July 11, 2002, pur- tation and Infrastructure. ment’s final rule — Security Zones; Captain suant to 5 U.S.C. 801(a)(1)(A); to the Com- 8734. A letter from the Chief, Regulations of the Port Detroit Zone, Selfridge Air Na- mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department tional Guard Base, Lake St. Clair [CGD09-02- ture. of Transportation, transmitting the Depart- 004] (RIN: 2115-AA97) received July 26, 2002, 8753. A letter from the Paralegal Spe- ment’s final rule — Security Zones; Lower pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cialist, FAA, Department of Transportation, Mississippi River, Southwest Pass Sea Buoy mittee on Transportation and Infrastruc- transmitting the Department’s final rule — to Mile Marker 96.0, New Orleans, Louisiana ture. Modification of Class E Airspace; St. Ignace, [COTP New Orleans -02-004] (RIN: 2115-AA97) 8744. A letter from the Chief, Regulations MI [Airspace Docket No. 02-AGL-06] received received July 11, 2002, pursuant to 5 U.S.C. and Administrative Law, USCG, Department July 11, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- of Transportation, transmitting the Depart- 801(a)(1)(A); to the Committee on Transpor- tation and Infrastructure. ment’s final rule — Safety Zone; Charles’ En- tation and Infrastructure. 8735. A letter from the Chief, Regulations gagement Fireworks Display, Black Point, 8754. A letter from the Paralegal Spe- and Administrative Law, USCG, Department CT [CGD01-02-061] (RIN: 2115-AA97) received cialist, FAA, Department of Transportation,

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6054 CONGRESSIONAL RECORD — HOUSE September 4, 2002 transmitting the Department’s final rule — IL; Modification of Class E Airspace; Rock- 8773. A letter from the Paralegal Spe- Establishment of Class E Airspace; Flint, MI ford, IL; Correction [Airspace Docket No. 01- cialist, FAA, Department of Transportation, [Airspace Docket No. 01-AGL-18] received AGL-01] received July 11, 2002, pursuant to 5 transmitting the Department’s final rule — July 11, 2002, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Airworthiness Directives; Raytheon Aircraft 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. Company Models E55, E55A, A56TC, 58, 58A, tation and Infrastructure. 8765. A letter from the Paralegal Spe- 58P, 58PA, 58TC and 58TCA Airplanes [Dock- 8755. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, et No. 2001-CE-43-AD; Amendment 39-12768; cialist, FAA, Department of Transportation, transmitting the Department’s final rule — AD 2002-11-07] (RIN: 2120-AA64) received July transmitting the Department’s final rule — Airworthiness Directives; Honeywell Inter- 11, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Modification of Class E Airspace; Mount national, Inc. (formerly AlliedSignal Inc., the Committee on Transportation and Infra- Vernon, OH [Airspace Docket No. 01-AGL-15] and Textron Lycoming) ALF502 and LF507 structure. received July 11, 2002, pursuant to 5 U.S.C. Series Turbofan Engines [Docket No. 99-NE- 8774. A letter from the Paralegal Spe- 801(a)(1)(A); to the Committee on Transpor- 51-AD; Amendment 39-12780; AD 2002-12-08] cialist, FAA, Department of Transportation, tation and Infrastructure. (RIN: 2120-AA64) received July 11, 2002, pur- transmitting the Department’s final rule — 8756. A letter from the Paralegal Spe- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Modification of the Cincinnati/Northern cialist, FAA, Department of Transportation, mittee on Transportation and Infrastruc- Kentucky International Airport Class B Air- transmitting the Department’s final rule — ture. space Area; KY [Docket No. FAA-2001-10912; Modification of Class E Airspace; Wash- 8766. A letter from the Paralegal Spe- Airspace Docket No. 00-AWA-6] (RIN: 2120- ington Court House, OH [Airspace Docket cialist, FAA, Department of Transportation, AA66) received July 11, 2002, pursuant to 5 No. 01-AGL-20] received July 11, 2002, pursu- transmitting the Department’s final rule — U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee Airworthiness Directives; BAE Systems (Op- Transportation and Infrastructure. 8775. A letter from the Paralegal Spe- on Transportation and Infrastructure. erations) Limited (Jetstream) Model 4101 cialist, FAA, Department of Transportation, 8757. A letter from the Chief, Regulations Airplanes [Docket No. 2001-NM-151-AD; transmitting the Department’s final rule — and Administrative Law, USCG, Department Amendment 39-12773; AD 2002-12-01] (RIN: Revision of Jet Route [Docket No. FAA 2001- of Transportation, transmitting the Depart- 2120-AA64) received July 11, 2002, pursuant to 10666; Airspace Docket No. ASD 01-ASW-12] ment’s final rule — Security Zone: Port 5 U.S.C. 801(a)(1)(A); to the Committee on received July 11, 2002, pursuant to 5 U.S.C. Valdez and Valdez Narrows, Valdez, Alaska Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- 8767. A letter from the Paralegal Spe- [COTP Prince William Sound 02-009] (RIN: tation and Infrastructure. 2115-AA97) received July 11, 2002, pursuant to cialist, FAA, Department of Transportation, 8776. A letter from the Paralegal Spe- 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting the Department’s final rule — cialist, FAA, Department of Transportation, Transportation and Infrastructure. Airworthiness Directives; Pratt & Whitney transmitting the Department’s final rule — 8758. A letter from the Chief, Regulations (PW) PW2000 Series Turbofan Engines [Dock- Change Using Agency to Restricted Area R- and Administrative Law, USCG, Department et No. 98-ANE-61-AD; Amendment 39-12778; 4305; Lake Superior, MN [Docket No. FAA- of Transportation, transmitting the Depart- AD 2002-12-06] (RIN: 2120-AA64) received July 2002-12100; Airspace Docket No. 02-AGL-5] ment’s final rule — Safety Zone; Lake 11, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to (RIN: 2120-AA66) received July 11, 2002, pur- Macatawa Triathlon, Holland, MI [CGD09-02- the Committee on Transportation and Infra- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 026] (RIN: 2115-AA97) received July 11, 2002, structure. mittee on Transportation and Infrastruc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8768. A letter from the Paralegal Spe- ture. mittee on Transportation and Infrastruc- cialist, FAA, Department of Transportation, 8777. A letter from the Chief, Regulations ture. transmitting the Department’s final rule — and Administrative Law, USCG, Department 8759. A letter from the Chief, Regulations Airworthiness Directives; Bell Helicopter of Transportation, transmitting the Depart- and Administrative Law, USCG, Department Textron Canada Model 407 Helicopters ment’s final rule — Temporary Require- of Transportation, transmitting the Depart- [Docket No. 2001-SW-54-AD; Amendment 39- ments for Notification of Arrival in U.S. ment’s final rule — Drawbridge Operation 12770; AD 2002-11-09] (RIN: 2120-AA64) received Ports [USCG-2001-10689] (RIN: 2115-AG24) re- Regulations; Saginaw River, MI [CGD09-02- July 11, 2002, pursuant to 5 U.S.C. ceived July 18, 2002, pursuant to 5 U.S.C. 017] (RIN: 2115-AE47) received July 26, 2002, 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tation and Infrastructure. tation and Infrastructure. mittee on Transportation and Infrastruc- 8769. A letter from the Paralegal Spe- 8778. A letter from the Chief, Regulations ture. cialist, FAA, Department of Transportation, and Administrative Law, USCG, Department 8760. A letter from the Chief, Regulations transmitting the Department’s final rule — of Transportation, transmitting the Depart- and Administrative Law. USCG, Department Airworthiness Directives; Eurocopter France ment’s final rule — Basic rates and charges of Transportation, transmitting the Depart- Model AS332L2 Helicopters [Docket No. 2001- on Lake Erie and the navigable waters from ment’s final rule — Drawbridge Operation SW-60-AD; Amendment 39-12774; AD 2002-12- Southeast Shoal to Port Huron, MI [USCG- Regulations; Atlantic Intracoastal Water- 02] (RIN: 2120-AA64) received July 11, 2002, 2002-12840] (RIN: 2115-AG46) received July 18, way, mile 1055.0 at Pompano Beach, Broward pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the County, FL [CGD07-02-098] received August 9, mittee on Transportation and Infrastruc- Committee on Transportation and Infra- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. structure. 8779. A letter from the Chief, Regulations Committee on Transportation and Infra- 8770. A letter from the Paralegal Spe- and Administrative Law, USCG, Department structure. cialist, FAA, Department of Transportation, 8761. A letter from the Attorney, Research transmitting the Department’s final rule — of Transportation, transmitting the Depart- ment’s final rule — Revised Options for Re- and Special Programs Administration, De- Airworthiness Directives; Eurocopter France sponding to Notices of Violations [USCG- partment of Transportation, transmitting Model AS332L2 Helicopters [Docket No. 2001- 2001-9175] (RIN: 2115-AG15) received July 16, the Department’s final rule — Hazardous Ma- SW-63-AD; Amendment 39-12775; AD 2002-12- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the terials: Retention of Shipping Papers [Dock- 03] (RIN: 2120-AA64) received July 11, 2002, Committee on Transportation and Infra- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- et No. RSPA-01-10568 (HM-207B)] (RIN: 2137- structure. AC64) received July 11, 2002, pursuant to 5 mittee on Transportation and Infrastruc- 8780. A letter from the Chief, Regulations U.S.C. 801(a)(1)(A); to the Committee on ture. and Administrative Law, USCG, Department Transportation and Infrastructure. 8771. A letter from the Paralegal Spe- of Transportation, transmitting the Depart- 8762. A letter from the Paralegal Spe- cialist, FAA, Department of Transportation, ment’s final rule — Protection of Naval Ves- cialist, FAA, Department of Transportation, transmitting the Department’s final rule — sels [LANT AREA-02-001] (RIN: 2115-AG33) re- transmitting the Department’s final rule — Airworthiness Directives; Boeing Model 757- ceived July 18, 2002, pursuant to 5 U.S.C. Modification of Class E Airspace; Ports- 200, -200CB, and -200PF; and 767-200, -300, and 801(a)(1)(A); to the Committee on Transpor- mouth, OH [Airspace Docket No. 01-AGL-16] -300F Series Airplanes [Docket No. 2001-NM- tation and Infrastructure. received July 11, 2002, pursuant to 5 U.S.C. 75-AD; Amendment 39-12776; AD 2002-12-04] 8781. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- (RIN: 2120-AA64) received July 11, 2002, pur- FAA, Department of Transportation, trans- tation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Tran- 8763. A letter from the Paralegal Spe- mittee on Transportation and Infrastruc- sition to an All Stage 3 Fleet Operating in cialist, FAA, Department of Transportation, ture. the 48 Contiguous United States and the Dis- transmitting the Department’s final rule — 8772. A letter from the Paralegal Spe- trict of Columbia [Docket No. FAA-2002- Amendment to Class E Airspace; Fremont, cialist, FAA, Department of Transportation, 12771; Amendment No. 91-276] (RIN: 2120- NE [Airspace Docket No. 02-ACE-5] received transmitting the Department’s final rule — AH41) received July 25, 2002, pursuant to 5 July 11, 2002, pursuant to 5 U.S.C. Airworthiness Directives; McDonnell Doug- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- las Model MD-90-30 Airplanes [Docket No. Transportation and Infrastructure. tation and Infrastructure. 2001-NM-130-AD; Amendment 39-12782; AD 8782. A letter from the Program Analyst, 8764. A letter from the Paralegal Spe- 2002-12-10] (RIN: 2120-AA64) received July 11, FAA, Department of Transportation, trans- cialist, FAA, Department of Transportation, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule — Air- transmitting the Department’s final rule — Committee on Transportation and Infra- worthiness Directives; Boeing Model 727 Se- Modification of Class D Airspace; Rockford, structure. ries Airplanes [Docket No. 2001-NM-233-AD;

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6055 Amendment 39-12785; AD 2002-12-13] (RIN: power Systems (formerly Sundstrand Power 2001-NM-61-AD; Amendment 39-12808; AD 2120-AA64) received August 23, 2002, pursuant Systems, Turbomach, and Solar) (T-62T Se- 2002-14-08] (RIN: 2120-AA64) received August to 5 U.S.C. 801(a)(1)(A); to the Committee on ries Auxiliary Power Units [Docket No. 2002- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Transportation and Infrastructure. NE-01-AD; Amendment 39-12830; AD 2002-15- the Committee on Transportation and Infra- 8783. A letter from the Program Analyst, 02] (RIN: 2120-AA64) received August 23, 2002, structure. FAA, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8800. A letter from the Program Analyst, mitting the Department’s final rule — Air- mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- worthiness Directives; Airbus Model A300; ture. mitting the Department’s final rule — Air- A300 B4-600, B4-600R, and F4-600R (Collec- 8792. A letter from the Program Analyst, worthiness Directives; McDonnell Douglas tively Called A300-600); and A310 Series Air- FAA, Department of Transportation, trans- Model MD-11 and -11F Airplanes Equipped planes [Docket No. 2002-NM-75-AD; Amend- mitting the Department’s final rule — Air- with United Technologies Pratt & Whitney ment 39-12686; AD 2002-06-09] (RIN: 2120-AA64) worthiness Directives; Empresa Brasileira de Engines [Docket No. 2001-NM-64-AD; Amend- received August 23, 2002, pursuant to 5 U.S.C. Aeronautica S.A. (EMBRAER) Model EMB- ment 39-12810; AD 2002-14-10] (RIN: 2120-AA64) 801(a)(1)(A); to the Committee on Transpor- 135 AND -145 Series Airplanes [Docket No. received August 23, 2002, pursuant to 5 U.S.C. tation and Infrastructure. 2002-NM-131-AD; Amendment 39-12825; AD 801(a)(1)(A); to the Committee on Transpor- 8784. A letter from the Program Analyst, 2002-14-25] (RIN: 2120-AA64) received August tation and Infrastructure. FAA, Department of Transportation, trans- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 8801. A letter from the Program Analyst, mitting the Department’s final rule — Air- the Committee on Transportation and Infra- FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 737-600, structure. mitting the Department’s final rule — Air- -700, -800, and -900 Series Airplanes [Docket 8793. A letter from the Program Analyst, worthiness Directives; McDonnell Douglas No. 2002-NM-127-AD; Amendment 39-12820; AD FAA, Department of Transportation, trans- Model MD-11 and -11F Airplanes [Docket No. 2002-14-20] (RIN: 2120-AA64) received August mitting the Department’s final rule — Air- 2001-NM-60-AD; Amendment 39-12807; AD 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to worthiness Directives; Glaser-Dirks 2002-14-07] (RIN: 2120-AA64) received August the Committee on Transportation and Infra- Flugzeugbau GmbH Models DG-400 and DG- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. 800A Sailplanes [Docket No. 2002-CE-12-AD; the Committee on Transportation and Infra- 8785. A letter from the Program Analyst, Amendment 39-12818; AD 2002-14-18] (RIN: structure. FAA, Department of Transportation, trans- 2120-AA64) received August 23, 2002, pursuant 8802. A letter from the Program Analyst, mitting the Department’s final rule — Air- to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- worthiness Directives; Boeing Model 767-300 Transportation and Infrastructure. mitting the Department’s final rule — Air- Series Airplanes Equipped with Rolls Royce 8794. A letter from the Program Analyst, worthiness Directives; McDonnell Douglas RB211-524H Series Engines [Docket No. 2002- FAA, Department of Transportation, trans- Model MD-11 and -11F Airplanes Equipped NM-108-AD; Amendment 39-12802; AD 2002-14- mitting the Department’s final rule — Air- with General Electric Tail Engine Buildup 02] (RIN: 2120-AA64) received August 23, 2002, worthiness Directives; McDonnell Douglas Units (EBU) [Docket No. 2001-NM-159-AD; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Model DC-10-10, -10F, -15, -30, -30F, -30F Amendment 39-12814; AD 2002-14-14] (RIN: mittee on Transportation and Infrastruc- (KC10A and KDC-10), -40, and -40F Airplanes; 2120-AA64) received August 23, 2002, pursuant ture. Model MD-10-10F and -30F Airplanes; and to 5 U.S.C. 801(a)(1)(A); to the Committee on 8786. A letter from the Chief Regulations Model MD-11 and -11F Airplanes [Docket No. Transportation and Infrastructure. and Administrative Law, USCG, Department 2001-NM-46-AD; Amendment 39-12798; AD 8803. A letter from the Program Analyst, of Transportation, transmitting the Depart- 2002-13-10] (RIN: 2120-AA64) received August FAA, Department of Transportation, trans- ment’s final rule — Special Local Regula- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule — Air- tions for Marine Events; Atlantic Ocean, At- the Committee on Transportation and Infra- worthiness Directives; McDonnell Douglas lantic City, New Jersey [CGD05-02-059] (RIN: structure. Model MD-11 and -11F Airplanes [Docket No. 2115-AE46) received August 21, 2002, pursuant 8795. A letter from the Program Analyst, 2001-NM-157-AD; Amendment 39-12812; AD to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- 2002-14-12] (RIN: 2120-AA64) received August Transportation and Infrastructure. mitting the Department’s final rule — Air- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 8787. A letter from the Program Analyst, worthiness Directives; McDonnell Douglas the Committee on Transportation and Infra- FAA, Department of Transportation, trans- Model DC-9-10, -30, -30F, and -40 Series Air- structure. mitting the Department’s final rule — Air- planes, and Model C-9 Airplanes [Docket No. worthiness Directives; McDonnell Douglas 2002-NM--36-AD; Amendment 39-12800; AD 8804. A letter from the Program Analyst, Model MD-11 and -11F Airplanes [Docket No. 2002-13-12] (RIN: 2120-AA64) received August FAA, Department of Transportation, trans- 2002-NM-168-AD; Amendment 39-12803; AD 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule — Air- 2002-14-03] (RIN: 2120-AA64) received August the Committee on Transportation and Infra- worthiness Directives; McDonnell Douglas 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to structure. Model MD-11 and -11F Airplanes [Docket No. the Committee on Transportation and Infra- 8796. A letter from the Program Analyst, 2001-NM-158-AD; Amendment 39-12813; AD structure. FAA, Department of Transportation, trans- 2002-14-13] (RIN: 2120-AA64) received August 8788. A letter from the Program Analyst, mitting the Department’s final rule — Air- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to FAA, Department of Transportation, trans- worthiness Directives; Eurocopter France the Committee on Transportation and Infra- mitting the Department’s final rule — Air- Model AS332L and AS332L1 Helicopters structure. worthiness Directives; Empresa Brasileira de [Docket No. 2001-SW-46-AD; Amendment 39- 8805. A letter from the Program Analyst, Aeronautica S.A. [Docket No. 2002-NM-129- 12801; AD 2002-14-01] (RIN: 2120-AA64) received FAA, Department of Transportation, trans- AD; Amendment 39-12823; AD 2002-14-23] (RIN: August 23, 2002, pursuant to 5 U.S.C. mitting the Department’s final rule — Air- 2120-AA64) received August 23, 2002, pursuant 801(a)(1)(A); to the Committee on Transpor- worthiness Directives; McDonnell Douglas to 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. Model MD-11 and MD-11F Airplanes [Docket Transportation and Infrastructure. 8797. A letter from the Program Analyst, No. 2001-NM-63-AD; Amendment 39-12809; AD 8789. A letter from the Program Analyst, FAA, Department of Transportation, trans- 2002-14-09] (RIN: 2120-AA64) received August FAA, Department of Transportation, transmitting the Department’s final rule — Air- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule — Air- worthiness Directives; Pratt & Whitney the Committee on Transportation and Infra- worthiness Directives; Turbomeca S.A. JT8D-200 Series Turbofan Engines [Docket structure. Arriel Models 1A, 1A1, 1B, 1D, and 1D1 Turbo- No. 98-ANE-43-AD; Amendment 39-12797; AD 8806. A letter from the Program Analyst, shaft Engines [Docket No. 2001-NE-35-AD; 2002-13-09] (RIN: 2120-AA64) received August FAA, Department of Transportation, trans- Amendment 39-12826; AD 2002-14-26] (RIN: 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule — Air- 2120-AA64) received August 23, 2002, pursuant the Committee on Transportation and Infra- worthiness Directives; McDonnell Douglas to 5 U.S.C. 801(a)(1)(A); to the Committee on structure. Model 717-200 Airplanes [Docket No. 2001-NM- Transportation and Infrastructure. 8798. A letter from the Program Analyst, 244-AD; Amendment 39-12816; AD 2002-14-16] 8790. A letter from the Program Analyst, FAA, Department of Transportation, trans- (RIN: 2120-AA64) received August 23, 2002, FAA, Department of Transportation, transmitting the Department’s final rule — Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- worthiness Directives; McDonnell Douglas mittee on Transportation and Infrastruc- worthiness Directives; Hamilton Sundstrand Model MD-11 and -11F Airplanes [Docket No. ture. Corporation Model 568F-1 Propellers [Docket 2001-NM-65-AD; Amendment 39-12811; AD 8807. A letter from the Program Analyst, No. 2002-NE-02-AD; Amendment 39-12831; AD 2002-14-11] (RIN: 2120-AA64) received August FAA, Department of Transportation, trans- 2002-15-03] (RIN: 2120-AA64) received August 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule — Air- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- worthiness Directives; Rockwell Collins, Inc. the Committee on Transportation and Infra- structure. ADC-85, ADC-85A, ADC-850D, and ADC-850F structure. 8799. A letter from the Program Analyst, Air Data Computers [Docket No. 2000-CE-14- 8791. A letter from the Program Analyst, FAA, Department of Transportation, trans- AD; Amendment 39-12819; AD 2002-14-19] (RIN: FAA, Department of Transportation, transmitting the Department’s final rule — Air- 2120-AA64) received August 23, 2002, pursuant mitting the Department’s final rule — Air- worthiness Directives; McDonnell Douglas to 5 U.S.C. 801(a)(1)(A); to the Committee on worthiness Directives; Hamilton Sundstrand Model MD-11 and -11F Airplanes [Docket No. Transportation and Infrastructure.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6056 CONGRESSIONAL RECORD — HOUSE September 4, 2002 8808. A letter from the Program Analyst, Modification of Class E Airspace; Marquette, gust 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); FAA, Department of Transportation, trans- MI [Airspace Docket No. 02-AGL-01] received to the Committee on Transportation and In- mitting the Department’s final rule — Air- August 23, 2002, pursuant to 5 U.S.C. frastructure. worthiness Directives; Pilatus Aircraft Ltd. 801(a)(1)(A); to the Committee on Transpor- 8828. A letter from the Chairman, Federal Models PC-12 and PC-12/45 Airplanes [Docket tation and Infrastructure. Maritime Commission, transmitting the No. 2001-CE-44-AD; Amendment 39-12822; AD 8818. A letter from the Program Analyst, Commission’s final rule — Financial Respon- 2002-14-22] (RIN: 2120-AA64) received August FAA, Department of Transportation, trans- sibility Requirements for Nonperformance of 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to mitting the Department’s final rule — Modi- Transportation — Discontinuance of Self-In- the Committee on Transportation and Infra- fication of Class E Airspace; Tecumseh, MI surance and the Sliding Scale, and Guar- structure. [Airspace Docket No. 02-AGL-02] received antor Limitations [Docket No. 02-07] re- 8809. A letter from the Program Analyst, August 23, 2002, pursuant to 5 U.S.C. ceived July 9, 2002, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule — Air- tation and Infrastructure. tation and Infrastructure. worthiness Directives; Boeing Model 737-600, 8819. A letter from the Program Analyst, 8829. A letter from the Chairman, National -700, and -800 Series Airplanes [Docket No. FAA, Department of Transportation, trans- Transportation Safety Board, transmitting 2000-NM-367-AD; Amendment 39-12821; AD mitting the Department’s final rule — Modi- the Board’s correspondence with OMB re- 2002-14-21] (RIN: 2120-AA64) received August fication of Class E Airspace; Jackson, OH garding H.R. 4466, the National Transpor- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to [Airspace Docket No. 02-AGL-03] received tation Safety Board Reauthorization Act of the Committee on Transportation and Infra- August 23, 2002, pursuant to 5 U.S.C. 2002, pursuant to 49 U.S.C. 1113; to the Com- structure. 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- 8810. A letter from the Chief, Regulations tation and Infrastructure. ture. and Administrative Law, USCG, Department 8820. A letter from the Chief, Regulations 8830. A letter from the Acting Deputy Gen- of Transportation, transmitting the Depart- and Administrative Law, USCG, Department eral Counsel, Small Business Administra- ment’s final rule — Notification of Arrival: of Transportation, transmitting the Depart- tion, transmitting the Administration’s final Addition of Charterer to Required Informa- ment’s final rule — Safety Zone; San Fran- rule — Small Business Size Regulations; 8(a) tion [USCG-2001-8659] (RIN: 2115-AG06) re- cisco Bay, CA [COTP San Francisco 02-017] Business Development/Small Disadvantaged ceived August 21, 2002, pursuant to 5 U.S.C. received August 21, 2002, pursuant to 5 U.S.C. Business Status Determinations; Rules of 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Transpor- Procedure Governing Cases before the Office tation and Infrastructure. tation and Infrastructure. of Hearings and Appeals (RIN: 3245-AE71) re- 8811. A letter from the Chief, Regulations 8821. A letter from the Chief, Regulations ceived July 30, 2002, pursuant to 5 U.S.C. and Administrative Law, USCG, Department and Administrative Law, USCG, Department 801(a)(1)(A); to the Committee on Small of Transportation, transmitting the Depart- of Transportation, transmitting the Depart- Business. ment’s final rule — Traffic Separation ment’s final rule — Regulated Navigation 8831. A letter from the Secretary, Depart- Scheme: In Prince William Sound, Alaska Area; Lower Mississippi River Mile 529.8 to ment of Veterans Affairs, transmitting a re- [USCG-2001-10254] (RIN: 2115-AG20) received 532.3, Greenville, Mississippi [CGD08-02-015] port covering those cases in which equitable August 21, 2002, pursuant to 5 U.S.C. (RIN: 2115-AE84) received July 25, 2002, pursu- relief was granted in calendar year 2001, pur- 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee suant to 38 U.S.C. 210(c)(3)(B); to the Com- tation and Infrastructure. on Transportation and Infrastructure. mittee on Veterans’ Affairs. 8812. A letter from the Chief, Regulations 8822. A letter from the Program Analyst, 8832. A letter from the Deputy General and Administrative Law, USCG, Department FAA, Department of Transportation, trans- Counsel, Veterans Benefits Administration, of Transportation, transmitting the Depart- mitting the Department’s final rule — Department of Veterans Affairs, transmit- ment’s final rule — Security Zones; Captain Standard Instrument Approach Procedures; ting the Department’s final rule — Duty Pe- of the Port Chicago Zone, Lake Michigan Miscellaneous Amendments [Docket No. riods; Inactive Duty for Training (RIN: 2900- [CGD09-02-001] (RIN: 2115-AA97) received Au- 30320; Amdt. No. 3014] received July 25, 2002, AL21) received July 30, 2002, pursuant to 5 gust 21, 2002, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on Vet- 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- erans’ Affairs. tation and Infrastructure. ture. 8833. A letter from the Deputy General 8813. A letter from the Regulations Officer, 8823. A letter from the Chief, Regulations Counsel, Veterans Benefits Administration, FHWA, Department of Transportation, and Administrative Law, USCG, Department Department of Veterans Affairs, transmit- transmitting the Department’s final rule — of Transportation, transmitting the Depart- ting the Department’s final rule — Monetary Traffic Control Devices on Federal-Aid and ment’s final rule — Special Local Regula- Allowances for Certain Children of Vietnam Other Streets and Highways; Color Specifica- tions for Marine Events; Prospect Bay, Kent Veterans; Identification of Covered Birth De- tions for Retroreflective Sign and Pavement Island Narrows, Maryland [CGD05-02-049] fects (RIN: 2900-AK67) received July 30, 2002, Marking Materials [FHWA Docket No. (RIN: 2115-AE46) received July 25, 2002, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FHWA-99-6190] (RIN: 2125-AE67) received Au- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Veterans’ Affairs. gust 21, 2002, pursuant to 5 U.S.C. on Transportation and Infrastructure. 8834. A letter from the Deputy General 801(a)(1)(A); to the Committee on Transpor- 8824. A letter from the Chief, Regulations Counsel, Department of Veterans Affairs, tation and Infrastructure. and Administrative Law, USCG, Department transmitting the Department’s final rule — 8814. A letter from the Regulations Officer, of Transportation, transmitting the Depart- Board of Veterans’ Appeals: Rules of Prac- FHWA, Department of Transportation, ment’s final rule — Safety Zone; Fireworks tice-Attorney Fee Matters; Notice of Dis- transmitting the Department’s final rule — Display, Columbia River, Astoria, Oregon agreement Requirement (RIN: 2900-AL25) re- Revision of the Manual on Uniform Traffic [CGD13-02-011] (RIN: 2115-AA97) received July ceived July 30, 2002, pursuant to 5 U.S.C. Control Devices; Accessable Pedestrian Sig- 23, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Veterans’ nals [FHWA Docket No. FHWA-2001-88 46] the Committee on Transportation and Infra- Affairs. (RIN: 2125-AE83) received August 21, 2002, structure. 8835. A letter from the Acting Director, Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8825. A letter from the Chief, Regulations fice of Regulatory Law, Veterans Benefits mittee on Transportation and Infrastruc- and Administrative Law, USCG, Department Administration, Department of Veterans Af- ture. of Transportation, transmitting the Depart- fairs, transmitting the Department’s final 8815. A letter from the Program Analyst, ment’s final rule — Drawbridge Operation rule — Schedule for Rating Disabilities; FAA, Department of Transportation, trans- Regulations; Oklawaha River, Marion Coun- Intervertebral Disc Syndrome (RIN: 2900- mitting the Department’s final rule — IFR ty, FL [CGD07-02-008] (RIN: 2115-AE47) re- AI22) received August 23, 2002, pursuant to 5 Altitudes; Miscellaneous Amendments ceived August 6, 2002, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Vet- [Docket No. 30318; Amdt. No. 436] received 801(a)(1)(A); to the Committee on Transpor- erans’ Affairs. August 23, 2002, pursuant to 5 U.S.C. tation and Infrastructure. 8836. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Transpor- 8826. A letter from the Chief, Regulations fice of Regulatory Law, Regional Office and tation and Infrastructure. and Administrative Law, USCG, Department Insurance Center, Department of Veterans 8816. A letter from the Program Analyst, of Transportation, transmitting the Depart- Affairs, transmitting the Department’s final FAA, Department of Transportation, trans- ment’s final rule — Drawbridge Operation rule — National Service Life Insurance (RIN: mitting the Department’s final rule — IFR Regulations: Passaic River, NJ [CGD01-02- 2900-AK43) received August 23, 2002, pursuant Altitudes; Miscellaneous Amendments 091] received August 6, 2002, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 30318; Amdt. No. 436] received U.S.C. 801(a)(1)(A); to the Committee on Veterans’ Affairs. August 23, 2002, pursuant to 5 U.S.C. Transportation and Infrastructure. 8837. A letter from the Deputy General 801(a)(1)(A); to the Committee on Transpor- 8827. A letter from the Chief, Regulations Counsel, Department of Veterans’ Affairs, tation and Infrastructure. and Administrative Law, USCG, Department transmitting the Department’s final rule — 8817. A letter from the Program Analyst, of Transportation, transmitting the Depart- Schedule for rating disabilities; The Skin FAA, Department of Transportation, trans- ment’s final rule — Safety Zone; Salem Her- (RIN: 2900-AF00) received July 30, 2002, pursu- mitting the Department’s final rule — Estab- itage Days Fireworks, Salem, Massachusetts ant to 5 U.S.C. 801(a)(1)(A); to the Committee lishment of Class D Airspace; Marquette, MI; [CGD1-02-094] (RIN: 2115-AA97) received Au- on Veterans’ Affairs.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6057 8838. A letter from the Assistant Secretary, 8849. A letter from the Chief, Regulations BA87) received July 23, 2002, pursuant to 5 Department of the Treasury, transmitting a Unit, Internal Revenue Service, transmitting U.S.C. 801(a)(1)(A); to the Committee on report concerning the operations and status the Service’s final rule — Information Re- Ways and Means. of the Civil Service Retirement and Dis- porting for Payments of Interest on Quali- 8861. A letter from the Chief, Regulations ability Fund and the G-Fund between May 16 fied Education Loans; Magnetic Media Filing Unit, Internal Revenue Service, transmitting and June 28, 2002, pursuant to 5 U.S.C. Requirements for Information Returns [TD the Service’s final rule — Guidance Under 8348l(1); to the Committee on Ways and 8992] (RIN: 1545-AW67) received July 19, 2002, Subpart F Relating to Partnerships [TD 9008] Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 1545-AY45) received July 23, 2002, pur- 8839. A letter from the Chief, Regulations mittee on Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Unit, Internal Revenue Service, transmitting 8850. A letter from the Chief, Regulations mittee on Ways and Means. the Service’s final rule — Audit Guidance for Unit, Internal Revenue Service, transmitting 8862. A letter from the Chief, Regulations External Auditors of Qualified Inter- the Service’s final rule — Equity Options Unit, Internal Revenue Service, transmitting mediaries (Revenue Procedure 2002-55) re- with Flexible Terms; Qualified Covered Call the Service’s final rule — Tax-free sale of ar- ceived August 21, 2002, pursuant to 5 U.S.C. Treatment [TD 8990] (RIN: 1545-AX66) re- ticles for use by the purchaser as supplies for 801(a)(1)(A); to the Committee on Ways and ceived July 19, 2002, pursuant to 5 U.S.C. vessels or aircraft (Rev. Rul. 2002-50) received Means. 801(a)(1)(A); to the Committee on Ways and July 23, 2002, pursuant to 5 U.S.C. 8840. A letter from the Chief, Regulations Means. 801(a)(1)(A); to the Committee on Ways and Branch, Department of the Treasury, trans- 8851. A letter from the Chief, Regulations Means. mitting the Department’s final rule — Manu- Unit, Internal Revenue Service, transmitting 8863. A letter from the Chief, Regulations facturing Substitution Drawback: Duty Ap- the Service’s final rule — Distribution of Unit, Internal Revenue Service, transmitting portionment [T.D. 02-38] (RIN: 1515-AD02) re- Stock and Securities of a Controlled Cor- the Service’s final rule — Coordinated Issue ceived July 18, 2002, pursuant to 5 U.S.C. poration (Rev. Rul. 2002-49) received July 26, Petroleum Industry Replacement of Under- 801(a)(1)(A); to the Committee on Ways and 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the ground Storage Tanks at Retail Gasoline Means. Committee on Ways and Means. Stations (UIL: 263.23-00) received July 11, 8841. A letter from the Acting Chief, Regu- 8852. A letter from the Chief, Regulations 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the lations Branch, Department of the Treasury, Unit, Internal Revenue Service, transmitting Committee on Ways and Means. 8864. A letter from the Chief, Regulations transmitting the Department’s final rule — the Service’s final rule — Information Re- Unit, Internal Revenue Service, transmitting Administrative Rulings (RIN: 1515-AC56) reporting Requirements for Certain Payments the Service’s final rule — Anti-abuse rules ceived August 12, 2002, pursuant to 5 U.S.C. Made on Behalf of Another Person, Pay- and Authority of Commissioner (Rev. Proc. 801(a)(1)(A); to the Committee on Ways and ments to Joint Payees, and Payments of 2002-31) received July 19, 2002, pursuant to 5 Means. Gross Proceeds from Sales Involving Invest- U.S.C. 801(a)(1)(A); to the Committee on 8842. A letter from the Regulations Coordi- ment Advisors [TD 9010] (RIN: 1545-AW48) re- Ways and Means. nator, Department of Health and Human ceived July 26, 2002, pursuant to 5 U.S.C. 8865. A letter from the Chief, Regulations Services, transmitting the Department’s 801(a)(1)(A); to the Committee on Ways and Unit, Internal Revenue Service, transmitting ‘‘Major’’ final rule — Medicare Program; In- Means. the Service’s final rule — Guidance Nec- patient Rehabilitation Facility Prospective 8853. A letter from the Chief, Regulations essary to Facilitate Electronic Tax Adminis- Payment System for FY 2003 [CMS-1205-N] Unit, Internal Revenue Service, transmitting tration [TD 8989] (RIN: 1545-AY56) received (RIN: 0938-AL22) received July 31, 2002, pursu- the Service’s final rule — Taxable Years of July 19, 2002, pursuant to 5 U.S.C. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Partner and Partnership; Foreign Partners 801(a)(1)(A); to the Committee on Ways and on Ways and Means. [TD 9009] (RIN: 1545-AY66) received July 24, Means. 8843. A letter from the Regulations Coordi- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8866. A letter from the Chief, Regulations nator, Department of Health and Human Committee on Ways and Means. Unit, Internal Revenue Service, transmitting Services, transmitting the Department’s 8854. A letter from the Chief, Regulations the Service’s final rule — Guidance Nec- final rule — Medicare Program; Prospective Unit, Internal Revenue Service, transmitting essary to Facilitate Electronic Tax Adminis- Payment System for Long-Term Care Hos- the Department’s final rule — Depreciation tration [REG-107184-00] (RIN: 1545-AY04) re- pitals: Implementation and FY 2003 Rates of Tires (Rev. Proc. 2002-27) received July 24, ceived July 19, 2002, pursuant to 5 U.S.C. (RIN: 0938-AK69) received August 29, 2002, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Ways and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Ways and Means. Means. mittee on Ways and Means. 8855. A letter from the Chief, Regulations 8867. A letter from the Chief, Regulations 8844. A letter from the Administrator, Of- Unit, Internal Revenue Service, transmitting Unit, Internal Revenue Service, transmitting fice of Workforce Development, Department the Service’s final rule — Reporting Require- the Service’s final rule — Examination of re- of Labor, transmitting the Department’s ments [Notice 2002-24] received July 24, 2002, turns and claims for refund, credit or abate- final rule — Temporary Extended Unemploy- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment; determination of correct tax liability ment Compensation Act of 2002 — received mittee on Ways and Means. (Rev. Proc. 2002-33) received July 19, 2002, August 9, 2002, pursuant to 5 U.S.C. 8856. A letter from the Chief, Regulation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Ways and Unit, Internal Revenue Service, transmitting mittee on Ways and Means. Means. the Service’s final rule — Examination of re- 8868. A letter from the Chief, Regulations 8845. A letter from the Administrator, Of- turns and claims for refund, credit or abate- Unit, Internal Revenue Service, transmitting fice of Workforce Security, Department of ment; determination of correct tax liability the Service’s final rule — Real Estate Mort- Labor, transmitting the Department’s final (Rev. Proc. 2002-26) received July 24, 2002, gage Investment Conduits [TD 9004] (RIN: rule — Unemployment Insurance Program pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1545-AW98) received July 18, 2002, pursuant to letter No. 39-97, Change 2 — received July 24, mittee on Ways and Means. 5 U.S.C. 801(a)(1)(A); to the Committee on 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8857. A letter from the Chief, Regulations Ways and Means. Committee on Ways and Means. Unit, Internal Revenue Service, transmitting 8869. A letter from the Chief, Regulations 8846. A letter from the Chief, Regulations the Service’s final rule — Weighted Average Unit, Internal Revenue Service, transmitting Branch, Department of Treasury, transmit- Interest Rate Update [Notice 2002-28] re- the Service’s final rule — Compromise of Tax ting the Department’s final rule — Elimi- ceived July 24, 2002, pursuant to 5 U.S.C. Liabilities [TD 9007] (RIN: 1545-AW87) re- nation of the Tariff-Rate Quotas on Imported 801(a)(1)(A); to the Committee on Ways and ceived July 19, 2002, pursuant to 5 U.S.C. Lamb Meat [T.D. 02-36] (RIN: 1515-AD09) re- Means. 801(a)(1)(A); to the Committee on Ways and ceived July 11, 2002, pursuant to 5 U.S.C. 8858. A letter from the Chief, Regulations Means. 801(a)(1)(A); to the Committee on Ways and Unit, Internal Revenue Service, transmitting 8870. A letter from the Chief, Regulations Means. the Service’s final rule — Appeals Settle- Unit, USCG, Internal Revenue Service, 8847. A letter from the Chief, Regulations ment Guidelines Petroleum Industry — re- transmitting the Service’s final rule — No- Branch, Department of Treasury, transmit- ceived July 24, 2002, pursuant to 5 U.S.C. tice to Interested Parties [TD 9006] (RIN: ting the Department’s final rule — Merchan- 801(a)(1)(A); to the Committee on Ways and 1545-AY68) received July 19, 2002, pursuant to dise Processing Fee Eligible to be Claimed as Means. 5 U.S.C. 801(a)(1)(A); to the Committee on Unused Merchandise Drawback [T.D. 02-39] 8859. A letter from the Chief, Regulations Ways and Means. (RIN: 1515-AC67) received July 19, 2002, pursu- Unit, Internal Revenue Service, transmitting 8871. A letter from the Chief, Regulations ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Service’s final rule — Appeals Settle- Unit, Internal Revenue Service, transmitting on Ways and Means. ment Guidelines Petroleum Industry — re- the Service’s final rule — Limitations on 8848. A letter from the Chief, Regulations ceived July 24, 2002, pursuant to 5 U.S.C. passive activity losses and credits —— Treat- Branch, U.S. Customs Service, Department 801(a)(1)(A); to the Committee on Ways and ment of self-charged items of income and ex- of Treasury, transmitting the Department’s Means. pense [TD 9013] (RIN: 1545-AN64) received Au- final rule — Pleasure Vessels of Marshall Is- 8860. A letter from the Chief, Regulations gust 21, 2002, pursuant to 5 U.S.C. lands Entitled to Cruising Licenses [T.D. 02- Unit, Internal Revenue Service, transmitting 801(a)(1)(A); to the Committee on Ways and 48] received August 9, 2002, pursuant to 5 the Service’s final rule — Refund of Mis- Means. U.S.C. 801(a)(1)(A); to the Committee on taken Contributions and Withdrawal Liabil- 8872. A letter from the Chief, Regulations Ways and Means. ity Payments [REG-209481-80] (RIN: 1545- Unit, Internal Revenue Service, transmitting

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 H6058 CONGRESSIONAL RECORD — HOUSE September 4, 2002 the Service’s final rule — 2002 Section 43 In- mitting a report that the Department of tion, to construct the Jicarilla Apache Na- flation Adjustment [Notice 2002-53] received Health and Human Services is allocating tion Municipal Water Delivery and Waste- July 30, 2002, pursuant to 5 U.S.C. emergency funds made available under sec- water Collection Systems in the State of 801(a)(1)(A); to the Committee on Ways and tion 2604(g) of the Low-Income Home Energy New Mexico, and other purposes; with an Means. Assistance Act of 1981, pursuant to 42 U.S.C. amendment (Rept. 107–629). Referred to the 8873. A letter from the Chief, Regulations 8623(g); jointly to the Committees on Energy Committee of the Whole House on the State Unit, Internal Revenue Service, transmitting and Commerce and Education and the Work- of the Union. the Service’s final rule — 2002 Marginal Pro- force. Mr. HANSEN: Committee on Resources. duction Rates [Notice 2002-54] received July 8885. A letter from the Regulations Coordi- H.R. 3407. A bill to amend the Indian Financ- 30, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to nator, Department of Health and Human ing Act of 1974 to improve the effectiveness the Committee on Ways and Means. Services, transmitting the Department’s of the Indian loan guarantee and insurance 8874. A letter from the Chief, Regulations ‘‘Major’’ final rule — Medicare Program; program; with an amendment (Rept. 107–630). Unit, Internal Revenue Service, transmitting Medicare-Endorsed Prescription Drug Card Referred to the Committee of the Whole the Service’s final rule — Determination of Assistance Initiative (RIN: 0938-AL25) re- House on the State of the Union. Issue Price in the Case of Certain Debt In- ceived August 30, 2002, pursuant to 5 U.S.C. struments Issued for Property (Rev. Rul. Mr. HANSEN: Committee on Resources. 801(a)(1)(A); jointly to the Committees on H.R. 3449. A bill to revise the boundaries of 2002-53) received August 21, 2002, pursuant to Energy and Commerce and Ways and Means. 5 U.S.C. 801(a)(1)(A); to the Committee on the George Washington Birthplace National 8886. A letter from the Chairperson, United Monument, and for other purposes (Rept. Ways and Means. States Commission on Civil Rights, trans- 8875. A letter from the Chief, Regulations 107–631). Referred to the Committee of the mitting the Commission’s report entitled Unit, Internal Revenue Service, transmitting Whole House on the State of the Union. ‘‘Funding Federal Civil Rights Enforcement: the Service’s final rule — Low Income Hous- 2000-2003,’’ pursuant to 42 U.S.C. 1975a(c); Mr. HANSEN: Committee on Resources. ing Credit — received August 21, 2002, pursu- jointly to the Committees on the Judiciary H.R. 3534. A bill to provide for the settlement ant to 5 U.S.C. 801(a)(1)(A); to the Committee of certain land claims of Cherokee, Choctaw, on Ways and Means. and Education and the Workforce. 8887. A letter from the Regulations Coordi- and Chickasaw Nations to the Arkansas Riv- 8876. A letter from the Chief, Regulations erbed in Oklahoma; with an amendment Unit, Internal Revenue Service, transmitting nator, Department of Health and Human Services, transmitting the Department’s (Rept. 107–632). Referred to the Committee of the Service’s final rule — Split-Dollar Life the Whole House on the State of the Union. Insurance Arrangements [Notice 2002-59] re- ‘‘Major’’ final rule — Medicare Program; ceived August 21, 2002, pursuant to 5 U.S.C. Changes to the Hospital Impatient Prospec- Mr. HANSEN: Committee on Resources. 801(a)(1)(A); to the Committee on Ways and tive Payment Systems and Fiscal Year 2003 H.R. 4638. A bill to reauthorize the Mni Means. Rates [CMS-1203-F] (RIN: 0938-AL23) received Wiconi Rural Water Supply Project (Rept. 8877. A letter from the Chief, Regulations July 31, 2002, pursuant to 5 U.S.C. 107–633). Referred to the Committee of the Unit, Internal Revenue Service, transmitting 801(a)(1)(A); jointly to the Committees on Whole House on the State of the Union. the Service’s final rule — Election to Include Ways and Means and Energy and Commerce. Mr. HANSEN: Committee on Resources. in Gross Income Gain on Assets held on Jan- 8888. A letter from the Regulations Coordi- H.R. 4682. A bill to revise the boundary of the uary 1, 2001 [Notice 2002-58] received August nator, Department of Health and Human Allegheny Portage Railroad National His- 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Services, transmitting the Department’s toric Site, and for other purposes (Rept. 107– the Committee on Ways and Means. final rule — Medicare Program; Prospective 634). Referred to the Committee of the Whole 8878. A letter from the Chief, Regulations Payment System and Consolidated Billing House on the State of the Union. Unit, Internal Revenue Service, transmitting for Skilled Nursing Facilities — Update — Mr. HANSEN: Committee on Resources. the Service’s final rule — Furnishing Identi- Notice[CMS-1202-N] (RIN: 0938-AL20) received H.R. 4739. A bill to amend the Reclamation fying Number of Income Tax Return Pre- July 31, 2002, pursuant to 5 U.S.C. Wastewater and Groundwater Study and Fa- parer [TD 9014] (RIN: 1545-AX27) received Au- 801(a)(1)(A); jointly to the Committees on cilities Act to authorize the Secretary of the gust 16, 2002, pursuant to 5 U.S.C. Ways and Means and Energy and Commerce. Interior to participate in the design, plan- 801(a)(1)(A); to the Committee on Ways and 8889. A letter from the Director, National ning, and construction of a project to re- Means. Science Foundation, transmitting an annual claim and reuse wastewater within and out- 8879. A letter from the Chief, Regulations report from the National Oceanographic side of the service area of the City of Austin Unit, Internal Service Revenue, transmitting Partnership Program (NOPP), National Water and Wastewater Utility, Texas (Rept. the Service’s final rule — Regulations Gov- Ocean Research Leadership Council 107–635). Referred to the Committee of the erning Practice Before the Internal Revenue (NORLC); jointly to the Committees on Whole House on the State of the Union. Service [TD 9011] (RIN: 1545-AY05) received Armed Services, Resources, and Science. July 26, 2002, pursuant to 5 U.S.C. Mr. HANSEN: Committee on Resources. 801(a)(1)(A); to the Committee on Ways and f H.R. 4917. A bill to provide for an exchange of Means. lands with the United Water Conservation REPORTS OF COMMITTEES ON District of California to eliminate private 8880. A letter from the transmitting the PUBLIC BILLS AND RESOLUTIONS Service’s final rule — Election to Include in inholdings in the Los Padres National For- Gross Income Gain on Assets held on Janu- Under clause 2 of rule XIII, reports of est, and for other purposes (Rept. 107–636). ary 1, 2001 [Notice 2002-58] received August committees were delivered to the Clerk Referred to the Committee of the Whole 16, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to for printing and reference to the proper House on the State of the Union. the Committee on Ways and Means. calendar, as follows: Mr. HANSEN: Committee on Resources. 8881. A letter from the Under Secretary, H.R. 4953. A bill to direct the Secretary of Department of Defense, transmitting the De- Mr. YOUNG of Alaska: Committee on the Interior to grant to Deschutes and Crook partment’s letter regarding a report required Transportation and Infrastructure. H.R. 4727. Counties in the State of Oregon a right-of- under Public Law 107-117, the Defense Appro- A bill to reauthorize the national dam safety way to West Butte Road; with an amendment priations Act of 2002; jointly to the Commit- program, and for other purposes; with an (Rept. 107–637). Referred to the Committee of tees on Armed Services and Appropriations. amendment (Rept. 107–626). Referred to the the Whole House on the State of the Union. 8882. A letter from the Deputy Secretary, Committee of the Whole House on the State of the Union. Mr. HANSEN: Committee on Resources. S. Department of Defense, transmitting the De- 238. An act to authorize the Secretary of the partment’s report on international assist- Mr. HANSEN: Committee on Resources. H.R. 2099. A bill to amend the Omnibus Parks Interior to conduct feasibility studies on ance for the elimination of Russia’s chemical water optimization in the Burnt River basin, weapons, pursuant to Public Law 106-398, and Public Lands Management Act of 1996 to provide adequate funding authorization for Malheur River basin, Owyhee River basin, Section 1309(b), the National Defense Au- and Powder River Basin, Oregon (Rept. 107– thorization Act for FY 2001; jointly to the the Vancouver National Historic Reserve; with an amendment (Rept. 107–627). Referred 638). Referred to the Committee of the Mo- Committees on Armed Services and Inter- bile House on the State of the Union. national Relations. to the Committee of the Whole House on the 8883. A letter from the Regulations Coordi- State of the Union. Mr. HANSEN: Committee on Resources. S. nator, Department of Health and Human Mr. HANSEN: Committee on Resources. 1105. An act to provide for the expeditious Services, transmitting the Department’s H.R. 2534. A bill to authorize the Secretary of completion of the acquisition of State of Wy- final rule — Medicare Program; End-Stage the Interior to conduct a special resource oming lands within the boundaries of Grand Renal Disease: Removing of Waiver of Condi- study of the Lower Los Angeles River and Teton National Park, and for other purposes tions for Coverage under a State of Emer- San Gabriel River watersheds in the State of (Rept. 107–639). Referred to the Committee of gency in the Houston, Texas Area [CMS-3074- California, and other purposes; with an the Whole House on the State of the Union. F2] (RIN: 0938-AK98) received July 25, 2002, amendment (Rept. 107–628). Referred to the Mr. SENSENBRENNER: Committee on the pursuant to 5 U.S.C. 801(a)(1)(A); jointly to Committee of the Whole House on the State Judiciary. H.R. 3995. A bill to amend and ex- the Committees on Energy and Commerce of the Union. tend certain laws relating to housing and and Ways and Means. Mr. HANSEN: Committee on Resources. community opportunity and for other pur- 8884. A letter from the Secretary, Depart- H.R. 2534. A bill to authorize the Secretary of poses (Rept. 107–640 Pt. 1). Ordered to be ment of Health and Human Services, trans- the Interior, through the Bureau of Reclama- printed.

VerDate Aug 30 2002 05:51 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.000 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6059 TIME LIMITATION OF REFERRED to be subsequently determined by the Speak- and in addition to the Committee on Trans- BILL er, in each case for consideration of such pro- portation and Infrastructure, for a period to visions as fall within the jurisdiction of the be subsequently determined by the Speaker, Pursuant to clause 2 of rule XII the committee concerned. in each case for consideration of such provi- following action was taken by the By Mr. YOUNG of Florida: sions as fall within the jurisdiction of the Speaker: H.R. 5320. A bill making appropriations for committee concerned. [The following action occurred on August 31, the Department of Labor, Health and Human By Mr. GIBBONS: 2002] Services, and Education, related agencies for H.R. 5327. A bill to direct the Secretary of the fiscal year ending September 30, 2003, and Agriculture to convey certain land in the H.R. 5259. Referral to the Committee on for other purposes; to the Committee on Ap- Lake Tahoe Basin Management Unit, Ne- the Budget extended for a period ending not propriations. vada, to the Secretary of the Interior, in later than September 13, 2002. By Mr. BOSWELL (for himself and Mr. trust for the Washoe Indian Tribe of Nevada f LEACH): and California; to the Committee on Re- PUBLIC BILLS AND RESOLUTIONS H.R. 5321. A bill to improve the provision sources. of health care in all areas of the United By Mr. GIBBONS: Under clause 2 of rule XII, public States; to the Committee on Energy and H.R. 5328. A bill to direct the Secretary of bills and resolutions of the following Commerce, and in addition to the Committee Agriculture to convey certain land to Lander titles were introduced and severally re- on Ways and Means, for a period to be subse- County, Nevada, and the Secretary of the In- ferred, as follows: quently determined by the Speaker, in each terior to convey certain land to Eureka case for consideration of such provisions as County, Nevada, for continued use as ceme- By Mr. KOLBE: fall within the jurisdiction of the committee teries; to the Committee on Resources. H.R. 5316. A bill to establish a user fee sys- concerned. By Mr. GOODLATTE: tem that provides for an equitable return to By Mr. CANTOR: H.R. 5329. A bill to amend the Federal In- the Federal Government for the occupancy H.R. 5322. A bill to limit the period of va- secticide, Fungicide, and Rodenticide Act and use of National Forest System lands and lidity of driver’s licenses and State with respect to public health pesticides; to facilities by organizational camps that serve identifcation cards issued to nonimmigrant the Committee on Agriculture. the youth and disabled adults of America, aliens to the period of validity of non- By Mr. ISRAEL: and for other purposes; to the Committee on immigrant visas; to the Committee on the H.R. 5330. A bill to amend the September Agriculture, and in addition to the Com- Judiciary. 11th Victim Compensation Fund of 2001 to mittee on Resources, for a period to be sub- By Mr. COX (for himself, Mr. ISTOOK, exclude monthly Social Security survivor sequently determined by the Speaker, in Mr. KERNS, Mr. OTTER, and Mr. WIL- benefits and Social Security lump sum death each case for consideration of such provi- SON of South Carolina): benefit as collateral sources; to the Com- sions as fall within the jusdiction of the H.R. 5323. A bill to amend the Internal Rev- mittee on the Judiciary. committee concerned. enue Code of 1986 to eliminate the double By Mr. KENNEDY of Minnesota (for By Mr. FOLEY (for himself, Ms. KAP- taxation of dividends; to the Committee on himself and Mr. BOEHNER): TUR, Mr. BACHUS, Mr. TOWNS, Mr. Ways and Means. H.R. 5331. A bill to amend the General Edu- GREENWOOD, Ms. BROWN of Florida, By Mr. CUNNINGHAM: cation Provisions Act to clarify the defini- Mr. HASTINGS of Florida, Mrs. H.R. 5324. A bill to amend title 39, United tion of a student regarding family edu- TAUSCHER, Mrs. MCCARTHY of New States Code, relating to rural mail service in cational and privacy rights; to the Com- York, Mr. MCGOVERN, Mr. TIBERI, Mr. the State of Alaska; to the Committee on mittee on Education and the Workforce. HAYES, Mr. BROWN of Ohio, Mr. Government Reform. By Mr. LYNCH: SCHROCK, Mr. BORSKI, Mr. GRAHAM, By Mrs. DAVIS of California: H.R. 5332. A bill to provide for a pilot pro- Mr. KENNEDY of Minnesota, Mr. H.R. 5325. A bill to amend the Public gram to be conducted by the Department of MORAN of Virginia, Mr. BOYD, Mr. Health Service Act, the Employee Retire- Veterans Affairs to assess the benefits of THOMPSON of California, Mr. GRUCCI, ment Income Security Act of 1974, and the providing for pharmacies of the Department and Mr. KELLER): Internal Revenue Code of 1986 to require that of Veterans Affairs to fill prescriptions for H.R. 5317. A bill to develop, coordinate, and group and individual health insurance cov- drugs and medicines written by private phy- improve the AMBER Alert communications erage and group health plans provide cov- sicians; to the Committee on Veterans’ Af- network throughout the country; to the erage for second opinions; to the Committee fairs. Committee on the Judiciary, and in addition on Energy and Commerce, and in addition to By Mr. MCGOVERN (for himself, Mr. to the Committee on Transportation and In- the Committees on Education and the Work- MARKEY, Mr. FRANK, Mr. NEAL of frastructure, for a period to be subsequently force, and Ways and Means, for a period to be Massachusetts, Mr. OLVER, Mr. MEE- determined by the Speaker, in each case for subsequently determined by the Speaker, in HAN, Mr. DELAHUNT, Mr. TIERNEY, Mr. consideration of such provisions as fall with- each case for consideration of such provi- CAPUANO, and Mr. LYNCH): in the jurisdiction of the committee con- sions as fall within the jurisdiction of the H.R. 5333. A bill to designate the facility of cerned. committee concerned. the United States Postal Service located at 4 By Mr. DUNCAN: By Mr. FROST (for himself, Ms. DUNN, East Central Street in Worcester, Massachu- H.R. 5318. A bill to provide for an exchange Mr. LAMPSON, Mr. CONYERS, Mr. setts, as the ‘‘Joseph D. Early Post Office of certain private property in Colorado and ROYCE, Mr. MATHESON, Ms. GRANGER, Building’’; to the Committee on Government certain Federal property in Utah; to the Mr. MOORE, Mrs. ROUKEMA, Ms. Reform. Committee on Resources. HOOLEY of Oregon, Mr. MARKEY, Mr. By Mr. GIBBONS (for himself, Mr. By Mr. MCINNIS (for himself, Mr. HAN- SHOWS, Mr. WYNN, Mr. BARR of Geor- MURTHA, Mrs. CUBIN, Mr. HOLDEN, SEN, Mr. SHADEGG, Mr. YOUNG of gia, Mr. LYNCH, Mrs. MALONEY of New and Mr. MATHESON): Alaska, Mr. RADANOVICH, Mr. DUN- York, Mr. BACHUS, Mr. MALONEY of H. Con. Res. 459. Concurrent resolution rec- CAN, Mr. PETERSON of Pennsylvania, Connecticut, Mr. REYES, Mr. CAL- ognizing rescue crews for their outstanding Mr. SIMPSON, Mr. TANCREDO, Mr. VERT, Mr. PALLONE, Mr. EHRLICH, Ms. effort and cooperation resulting in the safe SOUDER, Mr. HAYWORTH, Mr. MCCARTHY of Missouri, Mr. HOLT, Mr. rescue on July 27, 2002, of trapped miners GALLEGLY, Mr. HERGER, Mr. OTTER, STRICKLAND, Mr. LANGEVIN, Mr. Randy Fogle, Thomas Foy, Harry B. Mr. HASTINGS of Florida, Mrs. CUBIN, ENGEL, Mr. CRAMER, Mr. HOLDEN, Mr. Mayhugh, John Unger, John Phillippi, Ron- Mr. HEFLEY, Mr. GIBBONS, Mr. POMBO, POMEROY, Mr. WEXLER, Mr. SMITH of ald Hileman, Dennis Hall, Robert Pugh, and and Mr. DOOLITTLE): New Jersey, Mr. STUPAK, Ms. JACK- Mark Popernack and the miners for their H.R. 5319. A bill to improve the capacity of SON-LEE of Texas, Mr. LUTHER, Mr. stamina and courage; to the Committee on the Secretary of Agriculture and the Sec- RAMSTAD, Mr. WOLF, Mr. LARSON of Education and the Workforce. retary of the Interior to expeditiously ad- Connecticut, Mrs. BIGGERT, Mr. By Mr. LAHOOD: dress wildfire prone conditions on National LARSEN of Washington, Mr. ROSS, Mr. H. Con. Res. 460. Concurrent resolution ex- Forest System lands and other public lands PHELPS, Mr. LUCAS of Kentucky, Mr. pressing the sense of Congress regarding the that threaten communities, watersheds, and STENHOLM, Mr. EDWARDS, Mr. FORD, use of force against Iraq; to the Committee other at-risk landscapes through the estab- Mr. MENENDEZ, Ms. ROYBAL-ALLARD, on International Relations. lishment of expedited environmental anal- Mr. CLEMENT, Mr. TURNER, Mr. By Mr. RYUN of Kansas (for himself, ysis procedures under the National Environ- SPRATT, Mr.FRELINGHUYSEN, and Mr. Mr. EVANS, Mr. REYES, Mr. SMITH of mental Policy Act of 1969, to establish a POMBO): New Jersey, Mr. SIMPSON, and Mr. predecisional administrative review process H.R. 5326. A bill to enhance the operation TIAHRT): for the Forest Service, to expand fire man- of the AMBER Alert communications net- H. Con. Res. 461. Concurrent resolution ex- agement contracting authorities, to author- work in order to facilitate the recovery of pressing the sense of Congress that the ize appropriations for hazardous fuels reduc- abducted children, to provide for enhanced President should posthumously award the tion projects, and for other purposes; to the notification on highways of alerts and infor- Presidential Medal of Freedom to Harry W. Committee on Resources, and in addition to mation on such children, and for other pur- Colmery; to the Committee on Government the Committee on Agriculture, for a period poses; to the Committee on the Judiciary, Reform.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.043 H04PT1 H6060 CONGRESSIONAL RECORD — HOUSE September 4, 2002

By Mrs. NORTHUP: H.R. 1205: Mr. MICA. Ms. DELAURO, Mr. BALDACCI, Mr. BECERRA, H. Res. 516. A resolution congratulating H.R. 1255: Mr. KANJORSKI. Ms. HARMAN, and Ms. WOOLSEY. the Valley Sports American Little League H.R. 1280: Mr. MCGOVERN. H.R. 3238: Mr. ANDREWS and Mr. HOLDEN. baseball team from Louisville, Kentucky, for H.R. 1295: Mrs. MCCARTHY of New York, Ms. H.R. 3255: Mr. ANDREWS. their outstanding performance in the Little MILLENDER-MCDONALD, Mr. TIAHRT, Mrs. H.R. 3267: Mr. PAYNE. League World Series; to the Committee on CHRISTENSEN, Mrs. ROUKEMA, and Mr. FIL- H.R. 3278: Mr. BACHUS and Mr. Government Reform. NER. CUNNINGHAM. H.R. 1305: Mr. RADANOVICH. H.R. 3321: Mr. BAIRD and Mr. RILEY. f H.R. 1368: Mr. BROWN of South Carolina. H.R. 3363: Mr. SOUDER, Mr. GRAVES, and Mr. WILSON of South Carolina. MEMORIALS H.R. 1423: Ms. MILLENDER-MCDONALD, and Ms. CARSON of Indiana. H.R. 3413: Mr. GEORGE MILLER of Cali- Under clause 3 of rule XII, memorials H.R. 1452: Mr. TIERNEY, Mr. PALLONE, Ms. fornia, and Ms. SCHAKOWSKY. were presented and referred as follows: MILLENDER-MCDONALD, Mr. CLAY, and Mr. H.R. 3430: Ms. HOOLEY of Oregon, Mr. KNOLLENBERG, Mr. COOKSEY, Mr. ROGERS of 359. The SPEAKER presented a memorial MARKEY. Michigan, and Mrs. NAPOLITANO. of the House of Representatives of the State H.R. 1475: Mrs. CAPITO and Mrs. WILSON of H.R. 3431: Mr. HOEFFEL, Mr. THOMPSON of of Michigan, relative to House Resolution New Mexico. OUCHER H.R. 1490: Mr. GEORGE MILLER of Cali- Mississippi, and Mr. B . No. 293 memorializing the United States H.R. 3450: Mr. CASTLE, Mr. FORD, Mrs. fornia, Ms. HOOLEY of Oregon, and Mrs. Congress and the Food and Drug Administra- CAPITO, Mr. BERMAN, and Mr. STARK. MALONEY of New York. tion to provide for an independent review H.R. 3469: Mr. SANCHEZ, Ms. HOOLEY of Or- H.R. 1556: Mr. MOORE, Mr. RAMSTAD, and and analysis of generic drugs submitted for egon, Mr. CROWLEY, and Mr. DICKS. Mr. LUTHER. pproval; to the Committee on Energy and H.R. 3555: Mr. ANDREWS. H.R. 1683: Mr. BENTSEN. Commerce. H.R. 3572: Mr. HAYWORTH. H.R. 1724: Ms. LEE, Mr. TIERNEY, and Mr. 360. Also, a memorial of the House of Rep- H.R. 3584: Ms. HOOLEY of Oregon and Mr. RUSH. resentatives of the Commonwealth of Penn- CALVERT. H.R. 1733: Mr. STUPAK. sylvania, relative to House Resolution No. H.R. 3626: Mr. SHOWS. 632 memorializing the United States Con- H.R. 1779: Mr. FORD. H.R. 3686: Mr. AKIN. gress to include a representation of So- H.R. 1810: Mr. DOGGETT. H.R. 3695: Mrs. TAUSCHER. journer Truth in the Portrait Monument H.R. 1811: Mr. WILSON of South Carolina. H.R. 3741: Mr. SANDLIN, Mr. KILDEE, and honoring the women’s suffrage movement in H.R. 1824: Mrs. MORELLA and Mr. WOLF. Ms. WATSON. the Rotunda of the United States Capitol; to H.R. 1887: Mr. BOEHLERT. H.R. 3779: Mr. MORAN of Virginia. the Committee on House Administration. H.R. 1908: Mrs. EMERSON. H.R. 3781: Mr. DELAHUNT, Mrs. MCCARTHY 361. Also, a memorial of the House of Rep- H.R. 1982: Mr. SULLIVAN and Mr. PLATTS. of New York, and Mr. WILSON of South Caro- resentatives of the Commonwealth of Penn- H.R. 2014: Mr. HYDE and Mr. BEREUTER. lina. sylvania, relative to House Resolution No. H.R. 2098: Mr. HOLDEN, Mr. CROWLEY, Mr. H.R. 3794: Mr. LUCAS of Kentucky, Mr. 638 memorializing the United States Con- WEXLER, and Mr. OTTER. SHOWS, Mrs. CAPPS, Mr. CASTLE, Mr. POMBO, gress to defend the constitutionality of the H.R. 2117: Mrs. NAPOLITANO and Mr. and Mr. NEAL of Massachusetts. Pledge of Allegiance by passing a constitu- SCHROCK. H.R. 3831: Mr. STUPAK and Mr. tional amendment to allow the Pledge of Al- H.R. 2125: Mr. GEORGE MILLER of Cali- BLAGOJEVICH. legiance to be recited at all public events fornia, Ms. SOLIS, and Mr. LEACH. H.R. 3834: Mr. SAXTON, Mr. TERRY, Mr. H.R. 2179: Ms. BROWN of Florida, Mr. WATT and in all public institutions; to the Com- ALLEN, Mr. WILSON of South Carolina, Mr. of North Carolina, Ms. BERKLEY, Ms. CARSON mittee on the Judiciary. SHOWS, Mr. PICKERING, and Mr. ACKERMAN. of Indiana, and Mr. FARR of California. H.R. 3835: Mr. PETERSON of Minnesota. f H.R. 2207: Mr. ACEVEDO-VILA, Mr. HYDE, H.R. 3884: Mr. BACA. and Mr. SPRATT. H.R. 3911: Mr. BAIRD. ADDITIONAL SPONSORS H.R. 2219: Mr. HASTINGS of Florida. H.R. 3940: Mr. GORDON. Under clause 7 of rule XII, sponsors H.R. 2220: Mr. NORWOOD. H.R. 3956: Mr. WAXMAN. were added to public bills and resolu- H.R. 2255: Mr. PETERSON of Minnesota. H.R. 3974: Mr. STUPAK, Mr. HINOJOSA, Mr. ENGLISH, Mr. HASTINGS of Florida, and Mr. tions as follows: H.R. 2287: Mrs. DAVIS of California. H.R. 2290: Mr. NEY. PETERSON of Minnesota. H.R. 13: Mr. MALONEY of Connecticut. H.R. 2335: Mr. THOMPSON of California. H.R. 4001: Mr. LATHAM. H.R. 68: Mr. ROSS. H.R. 2349: Mr. SNYDER and Mr. ROEMER. H.R. 4011: Mr. BENTSEN. H.R. 80: Mr. SIMMONS. H.R. 2380: Mr. MCDERMOTT. H.R. 4014: Mr. TOM DAVIS of Virginia. H.R. 81: Mr. CARSON of Oklahoma. H.R. 2405: Mr. BLUMENAUER. H.R. 4018: Mr. MANZULLO, Mr. ACEVEDO- H.R. 82: Mr. SIMMONS. H.R. 2482: Mr. MARKEY. VILA, Mr. DIAZ-BALART, Mr. BLAGOJEVICH, H.R. 116: Mr. BENTSEN, Mr. SCHIFF, Mr. H.R. 2519: Mr. BASS. Ms. VELAZQUEZ, and Mr. SANDERS. FATTAH, and Ms. DELAURO. H.R. 2592: Mr. CLAY. H.R. 4032: Ms. LOFGREN, Mrs. MEEK of Flor- H.R. 218: Mr. PHELPS and Mr. MEEHAN. H.R. 2615: Mr. NORWOOD. ida, Mr. GUTIERREZ, Mr. BACA, and Mr. H.R. 239: Mr. ISRAEL, Mr. FARR of Cali- H.R. 2629: Ms. LEE. MCHUGH. fornia, and Mr. FRANK. H.R. 2638: Mr. SULLIVAN, Mr. DOGGETT, Mr. H.R. 4033: Mr. BROWN of Ohio. H.R. 267: Mr. GRAVES. GREENWOOD, Mr. EVANS, Mr. GUTIERREZ, and H.R. 4036: Mr. FILNER and Mr. PAUL. E AZIO H.R. 389: Mr. KILDEE. Mr. HOLDEN. H.R. 4060: Mr. D F . H.R. 4066: Mrs. JOHNSON of Connecticut and H.R. 415: Mr. HASTINGS of Florida. H.R. 2649: Mr. CHAMBLISS and Mr. LATHAM. Mr. SABO. H.R. 488: Ms. MCCARTHY of Missouri, Mr. H.R. 2663: Mr. HALL of Texas. H.R. 4078: Mr. HONDA. REYES, and Mr. DEUTSCH. H.R. 2677: Mr. MALONEY of Connecticut. H.R. 4113: Ms. DELAURO. H.R. 632: Mr. FERGUSON, Mr. HOEFFEL, Mr. H.R. 2735: Mr. PRICE of North Carolina, Mr. H.R. 4210: Ms. ROS-LEHTINEN. HALL of Texas, Mr. BISHOP, Mrs. CLAYTON, FILNER, Ms. WOOLSEY, and Mr. MANUZULLO. H.R. 4483: Mr. OSE, Ms. CARSON of Indiana, and Mr. DEUTSCH. H.R. 2807: Mr. HOBSON. Mr. VELAZQUEZ, Mr. LUTHER, and Mr. BAKER. H.R. 633: Mr. GUTIERREZ. H.R. 2874: Mr. CROWLEY, Mr. CALVERT, Mr. H.R. 4515: Mr. DEFAZIO, Mr. RYUN of Kan- H.R. 638: Ms. WATSON and Mr. DAVIS of Illi- ISRAEL, Mr. ALLEN, and Mr. MCDERMOTT. sas, Mr. OLVER, Mr. MURTHA, Mr. WHITFIELD, nois. H.R. 2878: Ms. HOOLEY of Oregon. and Mr. MCGOVERN. H.R. 758: Mr. ISRAEL. H.R. 2908: Mrs. MALONEY of New York and H.R. 4524: Mr. PRICE of North Carolina. H.R. 778: Mr. MATSUI. Mr. BORSKI. H.R. 4582: Mr. HYDE, Mr. PRICE of North H.R. 781: Mr. SPRATT. H.R. 2953: Mr. FILNER, Mr. ACKERMAN, and Carolina, and Mr. BAKER. H.R. 817: Mr. MCNULTY AND MR. POMEROY. Mr. HINCHEY. H.R. 4595: Mr. PASTOR. H.R. 840: Mr. POMEROY, Mr. GILCHREST, Ms. H.R. 2955: Mr. ENGEL. H.R. 4599: Mr. BALDACCI, Ms. KILPATRICK, WOOLSEY, Mr. CARDIN, Mr. SPRATT, Mr. GOR- H.R. 3063: Ms. ROYBAL-ALLARD, Mrs. Ms. WATERS, Mr. WEXLER, and Ms. CARSON of DON, Mr. LIPINSKI, and Ms. MCKINNEY. MCCARTHY of New York, Mrs. CHRISTENSEN, Indiana. H.R. 952: Mr. PAUL, Ms. DELAURO,and Mr. Mr. STARK, Mr. ISRAEL, and Mr. FILNER. H.R. 4600: Ms. GRANGER, Mr. HYDE, Mr. HOLDEN. H.R. 3183: Mr. BOEHNER, Mr. GORDON, and THUNE, and Mr. VITTER. H.R. 953: Mrs. MORELLA. Mr. WILSON of South Carolina. H.R. 4622: Mr. HERGER, Ms. DUNN, and Mr. H.R. 961: Mr. TIERNEY. H.R. 3193: Ms. DUNN, Ms. HOOLEY of Oregon, TANCREDO. H.R. 1073: Mrs. MEEK of Florida. Mrs. CLAYTON, Mrs. MALONEY of New York, H.R. 4655: Mr. GUTIERREZ. H.R. 1090: Mr. GOODE, Mr. SULLIVAN, Ms. Ms. MCKINNEY, Mrs. MEEK of Florida, Mr. H.R. 4665: Ms. DELAURO and Mrs. JOHNSON WATSON, and Mr. WELDON of Pennsylvania. KILDEE, Ms. SANCHEZ, Mrs. ROUKEMA, Mr. of Connecticut. H.R. 1108: Ms. LEE. GREEN of Texas, Mrs. JONES of Ohio, Ms. H.R. 4671: Mr. CLAY. H.R. 1109: Mr. GRAVES. LOFGREN, Mr. BLAGOJEVICH, Mr. ABER- H.R. 4683: Ms. LOFGREN, Mr. SMITH of H.R. 1201: Ms. WATSON. CROMBIE, Mrs. MCCARTHY of New York, Mr. Washington, Ms. SCHAKOWSKY, and Mr. WAX- H.R. 1202: Mr. KNOLLENBERG. CONYERS, Mr. BACHUS, Mr. KIRK, Ms. KAPTUR, MAN.

VerDate Aug 30 2002 05:51 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\L04SE7.100 H04PT1 September 4, 2002 CONGRESSIONAL RECORD — HOUSE H6061

H.R. 4701: Mr. BOUCHER, Mr. ISRAEL, Mr. Mr. FRANK, Mr. LATOURETTE, Mr. MEEHAN, H.R. 5304: Mr. CROWLEY and Mr. OWENS. MCDERMOTT, Mrs. MINK of Hawaii, Mr. SIM- Ms. ROYBAL-ALLARD, and Mr. CLEMENT. H.R. 5307: Mr. CROWLEY and Mr. HORN. MONS, Ms. MCCARTHY of Missouri, Ms. H.R. 5052: Mr. WILSON of South Carolina. H.R. 5309: Mr. STUMP and Mr. KOLBE. DELAURO, Ms. RIVERS, Mr. SNYDER, Mrs. H.R. 5064: Mr. LEWIS of Kentucky and Mr. H.J. Res. 6: Mr. YOUNG of Florida. MEEK of Florida, Ms. ROS-LEHTINEN, Mr. ADERHOLT. H.J. Res. 23: Mr. VITTER. ETHERIDGE, and Mr. BAIRD. H.R. 5073: Mrs. NAPOLITANO, Mr. HINOJOSA, H.J. Res. 89: Mr. COX. H.R. 4718: Mr. SMITH of Michigan. Mr. FROST, Mr. JACKSON of Illinois, Mr. H.J. Res. 93: Mr. PETERSON of Minnesota. H.R. 4728: Mr. LANGEVIN and Ms. KAPTUR. TOWNS, and Mr. GREEN of Texas. H.J. Res. 97: Ms. WATSON, Mr. FATTAH, Mr. H.R. 4729: Ms. LEE. H.R. 5076: Ms. BROWN of Florida and Mr. FARR of California, Ms. ESHOO, Mr. OLVER, H.R. 4730: Ms. WOOLSEY. LANTOS. and Mr. WAXMAN. H.R. 4738: Mr. CUNNINGHAM, Mr. BRYANT, H.R. 5078: Mr. GEORGE MILLER of Cali- H.J. Res. 98: Mr. FILNER. and Mr. STRICKLAND. fornia. H.J. Res. 106: Mr. GILCREST, Mr. SMITH of H.R. 4743: Mr. OBERSTAR, Mr. PAYNE, and H.R. 5085: Mr. KOLBE, Mr. ETHERIDGE, Mrs. New Jersey, and Mr. WHITFIELD. Ms. DELAURO. MINK of Hawaii, Ms. ESHOO, Mr. DEUTSCH, H. Con. Res. 104: Mr. WEXLER. H.R. 4760: Ms. DELAURO, Mr. WYNN, Mr. and Mr. FERGUSON. H. Con. Res. 164: Ms. SANCHEZ. TOM DAVIS of Virginia, Mr. MORAN of Vir- H.R. 5088: Mr. STARK and Mr. WAXMAN. H. Con. Res. 181: Mrs. MCCARTHY of New ginia, and Mr. MCHUGH. H.R. 5089: Mr. PRICE of North Carolina. York and Ms. BERKLEY. H.R. 4763: Mr. MICA, Ms. VELAZQUEZ, Mr. H.R. 5107: Mr. OBERSTAR and Mr. GOODE. H. Con. Res. 189: Mr. FLETCHER. NORWOOD, Mr. THORNBERRY, Mr. CANTOR, Mr. H.R. 5112: Mr. BACA. H. Con. Res. 345: Ms. SANCHEZ, Mr. DIAZ-BALART, Mr. BROWN of Ohio, Mr. H.R. 5146: Mr. PASCRELL. KNOLLENBERG, and Mr. DIAZ-BALART. COSTELLO, Mr. MCGOVERN, and Mr. SESSIONS. H.R. 5166: Mr. BLUNT. H. Con. Res. 350: Mr. CRANE. H.R. 4777: Mr. WATT of North Carolina and H.R. 5173: Mr. FILNER. H. Con. Res. 362: Mr. HAYWORTH. Mr. NEAL of Massachusetts. H.R. 5193: Mr. PITTS, Mr. TIAHRT, Mr. KEL- H. Con. Res. 380: Mr. DELAURO. H.R. 4778: Mr. CLAY. LER, and Mr. STUMP. H. Con. Res. 382: Mr. CAPUANO. H.R. 4783: Mr. SMITH of New Jersey and Mr. H.R. 5204: Ms. MILLENDER-MCDONALD, Ms. H. Con. Res. 406: Mr. BALLENGER, Mr. LUCAS of Kentucky. MCCARTHY of Missouri, Mrs. NAPOLITANO, DOOLEY of California, Mr. UNDERWOOD, Ms. H.R. 4785: Ms. KILPATRICK, Mr. WELLER, and Ms. KILPATRICK. SANCHEZ, and Mr. OLVER. Mr. PLATTS, Ms. DEGETTE, and Mr. ENGEL. H.R. 5214: Mr. SHADEGG. H. Con. Res. 438: Ms. EDDIE BERNICE JOHN- H.R. 4793: Mr. BENTSEN, Mr. HAYES, Mr. H.R. 5224: Mrs. MORELLA. SON of Texas, Ms. JACKSON-LEE of Texas, Ms. HASTINGS of Florida, Mr. KING, Ms. JACKSON- H.R. 5226: Mr. SHAYS. CARSON of Indiana, and Mr. SCHIFF. LEE of Texas, Mr. SHOWS, Mr. POMEROY, Mr. H.R. 5227: Mr. POMEROY. H. Con. Res. 458: Mr. ANDREWS. KENNEDY of Minnesota, Mr. PICKERING, Mr. H.R. 5249: Mr. SANDERS and Mr. ALLEN. H. Res. 94: Ms. CARSON of Indiana. ENGEL, and Ms. MCCARTHY of Missouri. H.R. 5250: Mr. FILNER, Mr. WHITFIELD, Mr. H. Res. 105: Mr. SABO and Ms. NORTON. H.R. 4804: Mr. WELDON of Florida, Mr. SHOWS, Mr. HOEFFEL, Mr. DEFAZIO, Mr. CAR- H. Res. 117: Mr. ENGEL. FLAKE, Mr. SCHAFFER, Mr. PICKERING, Mr. SON of Oklahoma, Mr. LYNCH, Mr. MCNULTY, H. Res. 190: Mr. ISAKSON, Mr. CAPUANO, Mr. BROWN of South Carolina, Mr. FLETCHER, Mr. and Mr. HOLDEN. HONDA, and Mr. OWENS. ISAKSON, Mr. WILSON of South Carolina, and H.R. 5251: Mr. TOM DAVIS of Virginia. H. Res. 259: Mr. TAYLOR of North Carolina. Mr. KOLBE. H.R. 5268: Mr. GREEN of Wisconsin, Mr. H. Res. 295: Mr. WELLER, Mr. PLATTS, and H.R. 4831: Mr. GEORGE MILLER of Cali- COYNE, Mrs. MCCARTHY of New York, Mrs. Mr. ENGEL. fornia, Ms. PELOSI, and Mr. STRICKLAND. MORELLA, Mr. MCDERMOTT, Mr. HOLT, Mr. H. Res. 410: Ms. ROYBAL-ALLARD, Mrs. H.R. 4865: Mr. LIPINSKI. MCNULTY, Ms. ESHOO, Mr. LEWIS of Cali- ORTHUP DALL H.R. 4872: Mr. PRICE of North Carolina. N , and Mr. U of New Mexico. fornia, Mr. DEUTSCH, Mr. GEORGE MILLER of H.R. 4880: Mr. MATSUI. H. Res. 454: Mr. WEXLER. California, Mr. LYNCH, Mr. SHAYS, Mr. H.R. 4881: Ms. PRYCE of Ohio. H. Res. 484: Mr. STARK, Ms. BERKLEY, Mr. KOLBE, and Mr. BALDACCI. H.R. 4887: Mr. POMEROY and Mr. MATSUI. WAMP, Mr. WILSON of South Carolina, Ms. H.R. 5270: Ms. RIVERS, Mr. MCDERMOTT, Ms. H.R. 4909: Mr. KINGSTON. LOFGREN, Mr. LUCAS of Kentucky, Ms. LEE, BALDWIN, Ms. ESHOO, Mr. SIMPSON, Ms. H.R. 4916: Ms. LOFGREN, Mr. FILNER, Mr. Mr. GEORGE MILLER of California, Mr. LOFGREN, Ms. SLAUGHTER, Mrs. MORELLA, PLATTS, Mrs. MEEK of Florida, Ms. WATSON, GUTIERREZ, Mrs. CLAYTON, Mr. HOYER, Mr. Mr. BERMAN, Mr. BROWN of Ohio, and Mr. and Mr. SANDERS. BENTSEN, and Mr. TURNER. H.R. 4927: Mr. ISAKSON. BOYD. H. Res. 487: Mr. SCHAFFER, Mr. UNDERWOOD, H.R. 4939: Mr. STUPAK and Mr. MCNULTY. H.R. 5279: Mr. DEUTSCH. Mr. WATT of North Carolina, and Mr H.R. 4943: Mr. EHLERS. H.R. 5280: Mr. BORSKI, Mr. GREENWOOD, Mr. CAPUANO. H.R. 4950: Mr. ENGLISH and Mr. PITTS. HOLDEN, Mr. MASCARA, Mr. MURTHA, Mr. H. Res. 491: Mr. KUCINICH. H.R. 4963: Mr. MCINTYRE, Ms. NORTON, Mrs. WELDON of Pennsylvania, Mr. COYNE, and Mr. H. Res. 499: Mr. ABERCROMBIE, Mr. CROW- MCCARTHY of New York, Mr. MCDERMOTT, DOYLE. LEY, Mr. ENGEL, Mr. ISRAEL, Mr. Leach, Mr. Mr. BECERRA, Mr. FORD, Mrs. ROUKEMA, Mr. H.R. 5281: Mr. STUMP and Mr. TANCREDO. LYNCH, Mr. MCGOVERN, Mr. MCNULTY, Mrs. TOWNS, Mr. BENTSEN, and Mr. CUMMINGS. H.R. 5285: Mr. JOHNSON of Illinois, Mr. MALONEY of New York, Mr. MARKEY, Mr. H.R. 4964: Mr. RANGEL. ALLEN, Mr. HONDA, Mr. ABERCROMBIE, Mr. NADLER, Mr. NEAL of Massachusetts, Mrs. H.R. 4967: Ms. LEE and Ms. LOFGREN. BARTLETT of Maryland, Mr. TIBERI, and Mr. TAUSCHER, and Mr. WEINER. H.R. 5001: Ms. WATSON. KILDEE. H. Res. 504: Ms. SANCHEZ. H.R. 5002: Mr. SHAYS, Mr. MATSUI, and Mr. H.R. 5289: Mr. CRANE, Mrs. LOWEY, Mr. H. Res. 512: Mr. INSLEE. WAXMAN. HOLT, Mr. JEFFERSON, Mr. PAYNE, Ms. WAT- SON, Ms. BERKLEY, Mr. OLVER, Mrs. MALONEY H.R. 5026: Mr. KERNS. f H.R. 5027: Mr. KERNS. of New York, Mr. ABERCROMBIE, Mr. NEAL of H.R. 5031: Ms. SCHAKOWSKY, Mr. Massachusetts, Mr. SAWYER, Mr. MATSUI, Mr. ABERCROMBLE, Mr. HOLT, and Mr. FRANK. BERMAN, Ms. RIVERS, and Mr. WOLF. DELETIONS OF SPONSORS FROM H.R. 5035: Ms. MCCARTHY of Missouri. H.R. 5291: Mrs. MINK of Hawaii and Ms. PUBLIC BILLS AND RESOLUTIONS H.R. 5036: Mr. SCHIFF, Mr. WEXLER, Mr. DELAURO. Under clause 7 of rule XII, sponsors FROST, Mrs. MINK of Hawaii, Mr. CUMMINGS, H.R. 5293: Ms. HOOLEY of Oregon, Mrs. were deleted from public bills and reso- Ms. MILLENDER-MCDONALD, and Mr. MARKEY. CAPPS, Mr. BACA, and Mr. MCGOVERN. H.R. 5047: Mr. THOMPSON of Mississippi, Mr. H.R. 5294: Mrs. LOWEY. lutions as follows: STUMP, Mr. BENTSEN, Mr. QUINN, Mr. GOODE, H.R. 5300: Ms. ESHOO. H.R. 877: Mr. MCGOVERN.

VerDate Aug 30 2002 05:20 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\A04SE7.051 H04PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, WEDNESDAY, SEPTEMBER 4, 2002 No. 110 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING going to proceed with statements on called to order by the Honorable E. PRESIDENT PRO TEMPORE the bill, after which I have two or three BENJAMIN NELSON, a Senator from the The PRESIDING OFFICER. The technical amendments which make State of Nebraska. clerk will please read a communication corrections, and with the approval of to the Senate from the President pro my ranking member on the other side PRAYER of the aisle, I shall propose those, and tempore (Mr. BYRD). The Chaplain, Dr. Lloyd John perhaps the Senate can move them, ac- The legislative clerk read the fol- Ogilvie, offered the following prayer: cept them, and get them out of the lowing letter: Dear God, whose presence surrounds way. us, whose power enables us, whose U.S. SENATE, The first amendment I intend to offer peace comforts us and whose provi- PRESIDENT PRO TEMPORE, will not be offered until the majority dence cares for us, we praise You that Washington, DC, September 4, 2002. leader and the majority whip return. To the Senate: You are Sovereign of this Nation. The I am pleased to be joined by my dis- founders of our Nation believed that Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby tinguished colleague, the ranking they derived their powers through You appoint the Honorable E. BENJAMIN NELSON, member of the Interior Appropriations and governed with divinely delegated a Senator from the State of Nebraska, to Subcommittee, as we bring before the authority. Through the years of our perform the duties of the Chair. Senate the Interior appropriations bill history, You have raised up great lead- ROBERT C. BYRD, for fiscal year 2003. I am very proud of ers who placed their trust in You and President pro tempore. our work on this legislation. sought Your best for America. Thank Mr. NELSON of Nebraska thereupon Although this bill is not, in terms of You for the Senators who stand in this assumed the Chair as Acting President total dollars appropriated, the largest sacred heritage and prayerfully seek pro tempore. of the 13 annual appropriations bills, it Your will. Continue to grant them hu- is an exceedingly important bill. It is f mility to ask for Your guidance, the in this legislation that we support and magnanimity to be of one mind and RESERVATION OF LEADER TIME protect the crown jewels of this Na- heart as fellow patriots, and the deter- The ACTING PRESIDENT pro tem- tion, our national parks. The four land mination to press on to accomplish the pore. Under the previous order, the management agencies funded through urgent work before them. Remind them leadership time is reserved. this bill, the National Parks Service, that millions of Americans are praying the Fish and Wildlife Service, the For- for them and that You seek to answer f est Service, and the Bureau of Land their prayers by renewing their DEPARTMENT OF INTERIOR AND Management, are responsible for over- strength and rejuvenating their com- RELATED AGENCIES APPROPRIA- seeing 628 million acres of land or mitment. Thank You for the women TIONS ACT, 2003 about one-fourth of the total area of and men of this Senate and for all who the United States. The ACTING PRESIDENT pro tem- work with and for them. Especially The Bureau of Indian Affairs and the pore. Under the previous order, the today we thank you for the leadership Indian Health Service provide edu- Senate will now proceed to the consid- of Sergeant at Arms Alfonso Lenhardt, cational opportunities and critical eration of H.R. 5093. The clerk will re- who today completes this first year of health care to more than 1.4 million port the bill by title. excellent leadership through a chal- American Indians. The Department of The legislative clerk read as follows: lenging time of terrorist attack, an- Energy is charged with developing cut- thrax panic, and the ongoing pressures A bill (H.R. 5093) making appropriations ting-edge technology in the areas of for the Department of the Interior and re- of his crucial assignment as an officer fossil energy and energy conservation, lated agencies for the fiscal year ending Sep- and the Smithsonian Institution, along of the Senate. You are our Lord and tember 30, 2003, and for other purposes. Saviour. Amen. with the arts and humanities endow- The ACTING PRESIDENT pro tem- ments, protects and promotes some of f pore. The Senator from West Virginia. our Nation’s most enduring cultural re- PLEDGE OF ALLEGIANCE Mr. BYRD. Mr. President, the leader- sources. The Honorable E. BENJAMIN NELSON ship has been invited to the White Because the bill and the report have led the Pledge of Allegiance as follows: House this morning, and therefore this been available for review since June 28, I pledge allegiance to the Flag of the matter will be somewhat delayed until I will not go through each and every United States of America, and to the Repub- their return. account line by line. I will, however, lic for which it stands, one nation under God, My distinguished ranking member, reiterate some of the highlights of the indivisible, with liberty and justice for all. Mr. BURNS, is with me, and we are legislation.

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

S8141

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8142 CONGRESSIONAL RECORD — SENATE September 4, 2002 As it now stands, the bill provides is a pleasure to work and to serve with the agencies that manage the majority the full $2 billion requested by the Senator CONRAD BURNS on this sub- of our public lands. President for fiscal year 2003 fire- committee. It funds health care, education, and fighting activities. It provides the full I wish to thank Senator TED STE- other services for Native Americans. It $1.4 billion allowed for under the con- VENS, the ranking member of the full supports research and development and servation spending category. committee. Senator STEVENS has pro- allows us to develop and use our do- It provides a $35 million increase for vided invaluable advice and counsel mestic energy resources in a respon- basic operations at our 385 national with respect to the Interior bill. His ef- sible manner. parks, including $6.1 million for en- forts are one of the reasons this bill Although Senator BYRD does not hail hanced security, and a total of $702 was unanimously reported out of the from a Western State, we are about to million to attack the maintenance Appropriations Committee. TED STE- adopt him as a westerner. He has done backlog at those parks. VENS has a marvelous ability, based on a great job in putting this bill to- Our parks and wilderness areas re- a great wealth of experience, to craft gether. The bill accurately reflects the flect the pristine beauty, the un- workable solutions to tough problems, priorities of the Senate as a whole, as matched beauty of this country. They and I rely heavily on his sage advice it remains within the subcommittee’s are important to our sense of national and his unique and thorough, meticu- fairly modest allocation. The bill as a pride, and they showcase this Nation to lous grasp of detail. whole is a mere 2 percent above the approximately 33 million foreign visi- Let me thank our subcommittee President’s request and it is well below tors every year. staff. These are the men and women the allocation approved by the House The bill also provides the Fish and who work for Senator BURNS and for of Representatives. Wildlife Service with $460 million for me on this important Interior bill. Senator BYRD has worked with me refuges and wildlife. It provides $641 They are a highly dedicated group of and my staff to see the specific inter- million for fossil energy research and individuals who spend a tremendous ests of Republican Members have been development, including $150 million for amount of time, who ensure that all fairly treated. Did everybody get ev- the Clean Coal Technology Program, members of the subcommittee have the erything they asked for? No, of course and $922 million for energy conserva- information we need to accomplish our not. I, as ranking member, did not get tion programs, including $286 million work. Senator BURNS and I appreciate everything I asked for, but neither did for the weatherization and State en- their efforts. the chairman. I can assure my col- ergy programs. I especially want to thank Peter leagues that the chairman has taken This bill, which has been crafted by Kiefhaber, my clerk on the Interior an evenhanded approach in dealing my colleague, Mr. BURNS, and the Re- bill, for his conscientious approach to with more than 2,000 individual republican and Democratic members of funding this bill and to his never-fail- quests which we received. the subcommittee, also promotes cul- ing pleasant demeanor, for his char- ture and history by providing $538 mil- acteristic cooperation and courtesy al- Since the chairman of the sub- lion for the important work of the ways, not just to me but to all other committee has already outlined the Smithsonian Institution, and $246 mil- Senators as well. principal features of this bill, I take lion for the arts and humanities endow- I also thank the staff person on the this opportunity to speak about a few ments. other side, the ranking member of this specific items. First, I note that this The funding levels contained in this committee’s staff. Bruce Evans never bill increases funding for payment in bill are fully consistent with the sub- fails to add to the near perfection, as lieu of taxes by $10 million over the committee’s allocation as agreed to near as we can make it, of the bill that current level. While the funding pro- unanimously by the Appropriations we present to our colleagues for their vided for PILT still leaves us a long Committee on June 27, and as pub- study and counsel and decision. So as way from the fully authorized amount, lished in the CONGRESSIONAL RECORD on chairman of the subcommittee, I thank it is a dramatic improvement over the June 28. him, as well as I thank my own clerk. $45 million cut proposed by the Presi- We have used scarce resources. I em- We have to work together. We have to dent’s budget request. These funds are phasize, resources are scarce, and we get along together, and we do that. We vital. They are vital to all the counties have used scarce resources to fund all do these things together on this sub- where public lands have a presence, es- of the important missions of the De- committee. pecially in the West where most of the partment of Interior. But our fiscal sit- I urge now my colleagues to adopt public lands are located. Those coun- uation and the times in which we live this measure in a timely manner so ties struggle to provide education, law demand discretion and frugality. Con- that we can proceed to conference with enforcement, and other services with- sequently, Senator BURNS and I, as the House. We need to get this work out an adequate tax base. I hope the managers of this bill, stand ready to done. Senator BURNS and I stand ready, administration will give greater con- oppose amendments that would in- as we also stand ready with Senator sideration to the importance of this crease the fiscal year 2003 spending be- STEVENS, to go forward with this bill. program as it assembles its fiscal year yond the current level in the bill. We We will be glad to discuss amendments 2004 budget request. I make a footnote, will also discourage amendments using as we proceed. saying as long as the American people offsets which rely on across-the-board Mr. President, I ask unanimous con- have told us as policymakers that they cuts, undefined reductions in adminis- sent that when Mr. BURNS has com- want to retain those Federal lands ev- trative or travel expenses, or any other pleted his statement, if he has one, and erywhere across the country, then we amorphous proposal that relies on sav- gets recognition, as I assume he will, must maintain and pay the taxes to ings that may not be real. that I be recognized to offer some tech- support local services. Finally, Mr. President, before yield- nical amendments. I will highlight the efforts Senator ing the floor, I acknowledge the efforts The ACTING PRESIDENT pro tem- BYRD and I have made to increase fund- of several people. First, I publicly pore. Without objection, it is so oring for the operation of our National thank the subcommittee’s distin- dered. Parks. While the Americans for Na- guished ranking member for his help in The Senator from Montana. tional Parks Campaign has turned a drafting this legislation. As a west- Mr. BURNS. I thank the Chair. Mr. spotlight on the issue over the last sev- erner, Senator CONRAD BURNS brings a President, I am very happy this morn- eral months, those who have served on wealth of experience and knowledge ing to join the Senator from West Vir- the subcommittee for years know it is and an important perspective to the di- ginia in support of the Interior and Re- not a new problem. I view the increase verse and difficult issues that always lated Agencies Appropriations Act for of $35 million provided in this bill for seem to come up in the Interior appro- Fiscal Year 2003. Needless to say, this park operations, an increase of $20 mil- priations bill. is a very important piece of legislation, lion over the budget request, as a con- I applaud the dedication to duty that especially for me and my colleagues in tinuation of this subcommittee’s ongo- he exudes, and I applaud his willing- the West, particularly those in the ing effort to provide adequate funds for ness to work in a bipartisan fashion. It intermountain region. This bill funds our National Parks.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8143 Finally, I will talk about forest fires. OMB’s objections—by the way, that The PRESIDING OFFICER (Mr. It has been odd to see the nightly news- amount does very little to address the CORZINE). Without objection, it is so or- casts and they are not reporting on a problem; as such, I expect we will have dered. wildfire somewhere in the country. By an amendment to this bill to provide (The amendment is printed in today’s now my colleagues are well aware that the emergency funds needed to pay for RECORD under ‘‘Text of Amendments.’’) the 2002 fire season is on its way to this year’s firefighting costs. I cer- AMENDMENT NO. 4473 TO AMENDMENT NO. 4472 being as costly and as damaging as the tainly hope all my colleagues will sup- (Purpose: To make permanent a provision record-setting year 2000. The fact this port the amendment. relating to the National Business Center) is happening should come as no sur- On a final note, I wish to echo Sen- Mr. BYRD. Mr. President, the pur- prise. We knew the conditions in many ator BYRD’s comments regarding the pose of this amendment will be to areas of the West were the driest in re- overall funding levels in this bill. Due make permanent a provision previously cent memory. We knew that years of to the failure of the Senate to take up carried in the Interior appropriations misguided forest management have left and pass a budget resolution, as it is bill relating to the Interior Depart- our forests with intolerably high fuel supposed to do, we have no formal sub- ment’s National Business Center. I am loads. The inevitable has happened. committee allocation that is enforce- not talking about the substitute And it will continue to happen as the able by a supermajority vote. Never- amendment which I just offered. I am fire season progresses and as we meet theless, I concur with my chairman, talking about an amendment which I the years ahead. The question is, what Senator BYRD, and also with the rank- will shortly send to the desk, that, as I to do about it. ing member of the full committee that say, makes permanent a provision pre- This bill fully funds the President’s we must enforce fiscal discipline as we viously carried in the Interior appro- request for fire suppression, which is go through this appropriations process. priations bill relating to the Interior based on a 10-year average cost of fire- I will join Senator BYRD in opposing Department’s National Business Cen- fighting. Unfortunately, using the 10- amendments that propose to add non- ter. year average as a basis for budget re- emergency spending to this bill with- In January 2001, the National Busi- quests no longer appears to be ade- out being fully offset. And in consid- ness Center expanded its acquisition quate. The 10-year average does not re- ering such offsets, I do not believe ei- services capability. As part of its ex- flect the impact of inflation. It does ther of the managers would look favor- panded mission, the Center now pro- not reflect the recent changes in fire- ably on amendments that would duck vides contracting support to the De- fighting practices associated with the the question of tradeoffs by using fense Advanced Research Projects national fire plan. And it does not re- across-the-board cuts, reductions in Agency. The language that is being flect the impact of fire suppression travel, and other gimmicks. Agencies proposed by Mr. BURNS and myself al- costs of rapidly increasing housing de- in this bill are already being asked to lows the Center to continue to support velopment in the wildland urban inter- reduce their travel costs and absorb a the Defense Department’s need for face. portion of mandated pay increases. I grants, cooperative agreements, and We need to be working on a better expect Senator BYRD and I will oppose other transactions as authorized in the model for projecting fire suppression proposals to further squeeze agencies Defense Conversion, Reinvestment, and budgets. Certainly, we need to do ev- in such an indirect manner. Transition Assistance Act of 1992. erything possible to control suppres- With that, I conclude by once again This amendment will secure efficiencies in the area of procurement sion costs through effective manage- thanking Senator BYRD, my chairman, ment and aggressive oversight, but at for his efforts in putting this bill to- services and should be agreed to by the the end of the day we are going to have gether. I also thank his staff, led by Senate. I send to the desk an amendment. fires and we are going to have to fight Peter Kiefhaber, for their hard work them in many cases. The PRESIDING OFFICER. The and their willingness to work with my clerk will report. If our suppression budgets are con- staff in assembling this bill. sistently below the actual need, the The legislative clerk read as follows: I know they have worked long hours The Senator from West Virginia (Mr. Forest Service and the Department of to get the bill to this stage. Even the Interior will continually have to BYRD) for himself and Mr. BURNS, proposes though we were on August break, and an amendment numbered 4473 to amendment use their borrowing authority to cover most of us in our home States, staff No. 4472: fire costs. While this borrowing enables stayed here and worked on this legisla- At the end of Title I, add the following new us to get the job done in terms of fire- tion. I want to show that we appreciate section: ‘‘SEC. . Hereafter the Department of the fighting, repeated and extensive bor- their efforts. rowing makes it difficult to plan and Interior National Business Center may con- Mr. President, I yield the floor. tinue to enter into grants, cooperative agree- conduct regular programs that are The PRESIDING OFFICER. The Sen- funded from the accounts subject to ments, and other transactions, under the De- ator from West Virginia. fense Conversion, Reinvestment, and Transi- the borrowing. Such programs include AMENDMENT NO. 4472 tion Assistance Act of 1992, and other related facility construction and maintenance, legislation.’’ land acquisition, and research activi- Mr. BYRD. Mr. President, I have some technical amendments which Mr. BYRD. Mr. President, I have ties. nothing further to say on the amend- Ironically, repeated borrowing also have been cleared by the distinguished Senator, who is the ranking member. ment. makes it more difficult for the Forest Mr. BURNS. It is all clear on this Service and the Department of the In- And they are technical. I do not plan to call up any amendment at this moment side. We are supporting it. terior to execute their salvage and haz- The PRESIDING OFFICER. If there that is not purely technical. ardous fuels reduction programs—the is no further debate, without objection The first thing I will do is to call up very programs that will help reduce the amendment is agreed to. fire suppression costs over the long the substitute amendment, which is The amendment (No. 4473) was agreed term. the work of our committee. The House to. The Forest Service has already ex- bill is before the Senate. So what I Mr. BYRD. Mr. President, I move to hausted its fiscal year 2002 firefighting seek to do now is call up the Senate reconsider the vote by which the funds and has commenced borrowing bill as a substitute. amendment was agreed to. from other programs. Current esti- The PRESIDING OFFICER. The Mr. BURNS. I move to lay that mo- mates indicate that the Forest Service clerk will report the amendment. tion on the table. may have to borrow more than $1 bil- The legislative clerk read as follows: The motion to lay on the table was lion by the end of the fiscal year. The The Senator from West Virginia [Mr. agreed to. Department of the Interior may have BYRD], proposes an amendment numbered AMENDMENT NO. 4474 TO AMENDMENT NO. 4472 to borrow $220 million. While I appre- 4472. Mr. BYRD. Mr. President, I send a ciate Senator STEVENS’ and Senator Mr. BYRD. I ask unanimous consent technical amendment to the desk. BYRD’s efforts to include $50 million for the reading of the amendment be dis- The PRESIDING OFFICER. The firefighting in the supplemental over pensed with. clerk will report the amendment.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8144 CONGRESSIONAL RECORD — SENATE September 4, 2002 The legislative clerk read as follows: The motion to lay on the table was ment. Before doing so, let me just The Senator from West Virginia (Mr. agreed to. briefly tell Senators what this amend- BYRD), for himself and Mr. BURNS, proposes Mr. BYRD. Mr. President, I have no ment is about. an amendment numbered 4474 to amendment further technical amendments at this This amendment is being offered by No. 4472: time. I do have an amendment, which I myself, Senator BURNS, Senator STE- On page 83, line 13, strike ‘‘$650,965,000’’ and will not offer at this time, to provide VENS, and other Senators. It addresses insert in lieu thereof ‘‘$640,965,000’’. funds to repay accounts from which the critical firefighting needs of the Mr. BYRD. Mr. President, this funds were borrowed for emergency Forest Service and the Bureau of Land amendment corrects an error with re- wildfire suppression. I will not offer Management. spect to the appropriation for the fossil that amendment at this point. I am As many of our colleagues know, 2002 energy account. On page 83, line 13, as sure there is going to be an amendment is turning out to be one of the most the clerk has stated, the figure of or amendments to the amendment. I devastating fire seasons on record. $650,965,000 should read $640,965,000. The shall withhold offering the amendment Therefore, our amendment provides amendment that I sent to the desk on until the majority leader, majority $825 million in emergency funding to behalf of Mr. BURNS and myself makes whip, and other interested Senators— reimburse the various accounts from this correction. I yield the floor so my on both sides of the aisle—are back which these agencies are currently bor- distinguished counterpart may com- from their visit to the White House and rowing. Of the amount provided, $636 ment if he wishes. at their desks. million is allocated to the Forest Serv- Mr. BURNS. No comment here. We Mr. President, does my colleague ice and $189 million is allocated to the support it. have something he wishes to say? If he Department of the Interior. These are The PRESIDING OFFICER. If there does, I will sit down. the exact amounts requested by the is no further debate, without objection Mr. BURNS. I will say to my chair- President just last week. the amendment is agreed to. man that there will be some discussion. If anyone may think that this money The amendment (No. 4474) was agreed There is no doubt. It is only fair that is not needed, let me briefly state for to. the leadership be on the Hill whenever the record, over the past 10 years the Mr. BYRD. Mr. President, I move to we take this up because it has high in- average number of acres burned by fire reconsider the vote by which the terest. Many of those funds that were between January 1 and September 3 amendment was agreed to. borrowed for fire suppression are im- has been 3.2 million acres. This year— Mr. BURNS. I move to lay that mo- pacting other programs within the De- this year—however, the comparable tion on the table. partment of Interior and the Forest number of acres burned is 6.3 million, The motion to lay on the table was Service. So we think it is a very impor- almost twice the 10-year average. agreed to. tant amendment. We are supportive This problem is much more than just AMENDMENT NO. 4475 TO AMENDMENT NO. 4472 and would hope the rest of the Senate numbers of acres burned. The devasta- Mr. BYRD. Mr. President, a final would approve of it, too. tion and destruction resulting from technical amendment which I shall I think this is an area that warrants these fires is almost too much to com- offer at this moment corrects a typo- debate in the Senate so we know what prehend. More than $1 billion will be graphical error in the bill. I send the we are spending the money for and how spent on fighting fires, nearly 2,300 amendment to the desk. it impacts those lands where the U.S. structures have been destroyed, and 20 The PRESIDING OFFICER. The Forest Service and the Department of brave firefighters have lost their lives. clerk will report. Interior have a high presence. Clearly, this situation amounts to a Mr. President, I see no one else seek- The legislative clerk read as follows: domestic emergency of historic propor- ing the floor. I suggest the absence of a The Senator from West Virginia (Mr. tions. quorum. BYRD), proposes an amendment numbered The PRESIDING OFFICER. The I send to the desk, Madam President, 4475 to amendment No. 4472: an amendment, the amendment to On page 26, line 15, strike ‘‘315’’ and insert clerk will call the roll. The assistant legislative clerk pro- which I have already referred, for the in lieu thereof ‘‘301’’. clerk’s reading, after which the amend- Mr. BYRD. Mr. President, this ceeded to call the roll. Mr. BYRD. Mr. President, I ask unan- ment will be open to amendment. amendment, which is supported by my imous consent that the order for the The PRESIDING OFFICER. The colleague, Mr. BURNS, as I say, corrects quorum call be rescinded. clerk will report the amendment. a typographical error in the bill. On The PRESIDING OFFICER. Without The legislative clerk read as follows: page 26 of the Senate bill, under the objection, it is so ordered. The Senator from West Virginia (Mr. section titled ‘‘Administrative Provi- BYRD), for himself, Mr. BURNS, Mr. STEVENS, f sions,’’ the National Park Service is Mr. REID, Mr. DOMENICI, Mrs. MURRAY, Mr. authorized to purchase 315 passenger RECESS SUBJECT TO THE CALL OF CRAIG, Mr. WYDEN, Mr. KYL, and Mr. BAUCUS, vehicles. That number should be 301. THE CHAIR proposes an amendment numbered 4480. The amendment makes that correc- Mr. BYRD. Mr. President, with the Mr. BYRD. Madam President, I ask tion. And as I stated, I know that the approval of my colleague, Senator CON- unanimous consent that further read- distinguished ranking member is sup- RAD BURNS, I ask unanimous consent ing of the amendment be dispensed portive of the proposal. I urge its adop- that the Senate stand in recess await- with. tion. ing the return of the majority leader The PRESIDING OFFICER. Without I yield the floor before the Senate and/or the minority leader—the return objection, it is so ordered. votes on this amendment so that the of those two leaders—and/or the whips The amendment is as follows: distinguished Senator, who is the rank- on both sides. (Purpose: To provide funds to repay accounts ing member, may be recognized if he There being no objection, at 10:11 from which funds were borrowed for emer- wishes to be recognized. a.m. the Senate recessed subject to the gency wildfire suppression) Mr. BURNS. We have no objection to call of the Chair and reassembled at On page 127, line 2, immediately following this amendment, Mr. President. We 11:39 a.m. when called to order by the the ‘‘.’’ insert the following: fully support it. Presiding Officer (Mrs. CLINTON). ‘‘TITLE IV—WILDLAND FIRE The PRESIDING OFFICER. If there f EMERGENCY APPROPRIATIONS is no further debate, without objection, DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR the amendment is agreed to. BUREAU OF LAND MANAGEMENT The amendment (No. 4475) was agreed AND RELATED AGENCIES APPRO- WILDLAND FIRE MANAGEMENT to. PRIATIONS ACT, 2003—Continued Mr. BYRD. Mr. President, I move The PRESIDING OFFICER. The Sen- For necessary expenses to repay prior year advances from other appropriations trans- that the Senate reconsider the vote by ator from West Virginia. ferred for emergency rehabilitation or wild- which the amendment was agreed to. AMENDMENT NO. 4480 fire suppression by the Department of the In- Mr. BURNS. I move to lay that mo- Mr. BYRD. Madam President, I am terior, $189,000,000, to be available imme- tion on the table. about to send to the desk an amend- diately upon enactment of this Act and to

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8145 remain available until expended: Provided, The PRESIDING OFFICER. Without curred qualifying crop losses for the 2001 or that the Secretary of the Interior shall cer- objection, it is so ordered. 2002 crop due to damaging weather or related tify in writing to the House and Senate Com- The majority leader. condition, as determined by the Secretary. mittees on Appropriations within 30 days of Mr. DASCHLE. Madam President, I (b) ADMINISTRATION.—The Secretary shall receiving funds under this title which appro- want to also indicate my strong sup- make assistance available under this section priations accounts from which funds were in the same manner as provided under sec- advanced in fiscal year 2002 for emergency port for the amendment just offered by tion 815 of the Agriculture, Rural Develop- rehabilitation or wildfire suppression have Senator BYRD. ment, Food and Drug Administration, and been repaid and the amount of repayment: Like many States in the West and Related Agencies Appropriations Act, 2001 Provided, further, That the entire amount is throughout the country, South Dakota (Public Law 106–387; 114 Stat. 1549A–55), in- designated by the Congress as an emergency has suffered this year, especially from cluding using the same loss thresholds for requirement pursuant to section 251(b)(2)(A) fires that have devastated many parts the quantity and quality losses as were used of the Balanced Budget and Emergency Def- of the Black Hills in particular. Thou- in administering that section. icit Control Act of 1985, as amended. sands of acres have been lost. So, clear- SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. RELATED AGENCY ly, this legislation is needed. (a) IN GENERAL.—The Secretary shall use DEPARTMENT OF AGRICULTURE I am pleased the administration re- such sums as are necessary of funds of the FOREST SERVICE cently indicated, for the first time, its Commodity Credit Corporation as are nec- WILDLAND FIRE MANAGEMENT willingness to support, on an emer- essary to make and administer payments for For necessary expenses to repay prior year gency basis, additional funds for fire- livestock losses to producers for 2001 and 2002 losses in a county that has received an emer- advances from appropriations accounts from fighting. So I am grateful to the distin- which funds were borrowed for wildlife sup- gency designation by the President or the guished chairman for his amendment. I Secretary after January 1, 2001, and January pression, $636,000,000, to be available imme- strongly support it. diately upon enactment of this Act and to 1, 2002, respectively, of which an amount de- remain available until expended: Provided, AMENDMENT NO. 4481 TO AMENDMENT NO. 4480 termined by the Secretary shall be made that the Secretary of Agriculture shall cer- Madam President, I am mystified, available for the American Indian livestock tify in writing to the House and Senate Com- however, that the administration, program under section 806 of the Agri- culture, Rural Development, Food and Drug mittees on Appropriation within 30 days of while willing to support, on an emer- receiving funds under this title which appro- Administration, and Related Agencies Ap- gency basis, the funds necessary to propriations Act, 2001 (Public Law 106–387; priations accounts from which funds were fight fires, has, at least up until now, advanced in fiscal year 2002 for wildfire sup- 114 Stat. 1549A–51). pression have been repaid and the amount or expressed opposition to providing as- (b) ADMINISTRATION.—The Secretary shall repayment: Provided further, That the entire sistance to those who are suffering make assistance available under this section amount is designated by the Congress as en from drought. In many cases, drought in the same manner as provided under sec- emergency requirement pursuant to section can be just as devastating economi- tion 806 of the Agriculture, Rural Develop- 251(b)(2)(A) of the Balanced Budget and cally as fires. The response on the part ment, Food and Drug Administration, and Emergency Deficit Control Act of 1985, as of the Federal Government is every bit Related Agencies Appropriations Act, 2001 (Public Law 105–277; 114 Stat. 1549A–51). amended. as important as it is for fires. There ap- The PRESIDING OFFICER. The Sen- pears to be a disconnect between those SEC. ll03. COMMODITY CREDIT CORPORATION. ator from Montana. who support funding to fight fires and The Secretary shall use the funds, facili- Mr. BURNS. Madam President, I am those who oppose funding for purposes ties, and authorities of the Commodity Cred- supportive of this amendment. I thank it Corporation to carry out this title upon of fighting drought. enactment. my chairman for offering this amend- So I intend to offer an amendment on SEC. ll04. REGULATIONS. ment. And nothing could be closer to behalf of Senators BAUCUS, JOHNSON, (a) IN GENERAL.—The Secretary may pro- the truth than the reason he stated for HARKIN, CARNAHAN, BURNS, DORGAN, the appropriation of these funds. mulgate such regulations as are necessary to NELSON of Nebraska, STABENOW, LEVIN, implement this title. It is not just that it is over 6 million CLINTON, LINCOLN, CONRAD, WELLSTONE, acres this year; it is where those acres (b) PROCEDURE.—The promulgation of the DAYTON, SCHUMER, and REID. I send the regulations and administration of this title are located, as we have seen more burn- amendment to the desk. shall be made without regard to— ing this year in the forest and urban The PRESIDING OFFICER. The (1) the notice and comment provisions of interface areas than we have ever seen. clerk will report the amendment. section 553 of title 5, United States Code; And they have been devastating. It has The legislative clerk read as follows: (2) the Statement of Policy of the Sec- been in areas where it could have and The Senator from South Dakota, [Mr. retary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of should have taken more management DASCHLE], for himself, Mr. BAUCUS, Mr. proposed rulemaking and public participa- skills to prevent the fires, but, none- JOHNSON, Mr. HARKIN, Mrs. CARNAHAN, Mr. tion in rulemaking; and theless, that is the situation in which BURNS, Mr. DORGAN, Mr. NELSON of Ne- (3) chapter 35 of title 44, United States braska, Ms. STABENOW, Mr. LEVIN, Mrs. CLIN- we find ourselves. Code (commonly known as the ‘‘Paperwork TON, Mrs. LINCOLN, Mr. CONRAD, Mr. So I am very supportive of this Reduction Act’’). amendment. I thank the chairman of WELLSTONE, Mr. DAYTON, Mr. SCHUMER, and Mr. REID proposes an amendment numbered (c) CONGRESSIONAL REVIEW OF AGENCY the Appropriations Committee. As we 4481 to amendment No. 4480. RULEMAKING.—In carrying out this section, debate this amendment today, I think the Secretary shall use the authority pro- the rest of the Senate will, too. Not Mr. DASCHLE. Madam President, I vided under section 808 of title 5, United only is there a shortfall in the funds ask unanimous consent that reading of States Code. the amendment be dispensed with. that they had to borrow from in other SEC. ll05. EMERGENCY DESIGNATION. The PRESIDING OFFICER. Without programs that do other things that are (a) IN GENERAL.—The entire amount made objection, it is so ordered. very important within the Department available under this title shall be available The amendment is as follows: of the Interior and the BLM, the Park only to the extent that the President sub- Service, the Forest Service, but other (Purpose: To provide emergency disaster mits to Congress an official budget request programs suffered because of these dev- assistance to agricultural producers) for a specific dollar amount that includes designation of the entire amount of the re- astating fires this year. At the appropriate place, insert the following: quest as an emergency requirement for the So I thank my chairman and look purposes of the Balanced Budget and Emer- forward to working with him as we TITLE ll—EMERGENCY AGRICULTURAL gency Deficit Control Act of 1985 (2 U.S.C. 900 move this legislation through the Sen- DISASTER ASSISTANCE et seq.). ate. SEC. ll01. CROP DISASTER ASSISTANCE. (b) DESIGNATION.—The entire amount made I yield the floor, Madam President. (a) IN GENERAL.—Notwithstanding section available under this section is designated by Mr. BAUCUS. Will the Senator yield 508(b)(7) of the Federal Crop Insurance Act (7 Congress as an emergency requirement under for a unanimous consent request that I U.S.C. 1508(b)(7)), the Secretary of Agri- sections 251(b)(2)(A) and 252(e) of that Act (2 culture (referred to in this title as the ‘‘Sec- U.S.C. 901(b)(2)(A), 902(e)). be added as a cosponsor of this amend- retary’’) shall use such sums as are nec- ment? essary of funds of the Commodity Credit Cor- Mr. BYRD. Madam President, would Mr. BYRD. Yes. Absolutely. I make poration to make emergency financial as- the distinguished majority leader add that unanimous consent request, sistance authorized under this section avail- my name to the list of Senators who Madam President. able to producers on a farm that have in- are cosponsors of this measure?

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8146 CONGRESSIONAL RECORD — SENATE September 4, 2002 Mr. DASCHLE. Madam President, I than they had in 1936, at the height of are taken from the fiscal year 2002 would be happy to add the name of the the Dust Bowl. budget allocation and not the 2003. distinguished Senator from West Vir- For as long as I can remember, the So we certainly would be in agree- ginia, Mr. BYRD, as a cosponsor. I ask Congress has agreed that disaster relief ment with both recommendations and unanimous consent that he be added as constitutes an emergency. Disaster re- would be offering modifying language a cosponsor of the amendment. lief for wildfires, tornadoes, floods, or when we have it. I understand the lan- The PRESIDING OFFICER. Without any other natural disaster is truly an guage is now at the desk. I ask unani- objection, it is so ordered. emergency. It is astounding to me now mous consent that the amendment be Mr. DASCHLE. Madam President, that during what may be the most seri- so modified. first of all, let me also express publicly ous of all droughts we have had in U.S. The PRESIDING OFFICER. The Sen- my appreciation to Senator BYRD for history, some people would want to ator from West Virginia. his accommodation of my schedule this change that. They would say that Mr. BYRD. Madam President, as I morning. He was prepared to offer his farmers and ranchers don’t need or understand it, the author of the amendment some time ago and with- don’t deserve disaster assistance. They amendment needs no consent to modify held doing so in order to accommodate are wrong. his amendment at this point, no action my schedule. As always, he is very The farm bill doesn’t include funds to having been taken on his amendment. courteous, and has been very helpful to help farmers and ranchers weather this The PRESIDING OFFICER. The Sen- me in this case. I appreciate his co- unprecedented set of circumstances. ator is correct. operation. Unless we act, many of them simply Mr. DASCHLE. I simply would then Madam President, when the Senate will not survive. modify my amendment. passed the farm bill 202 days ago, we We should not discriminate against The PRESIDING OFFICER. The agreed, overwhelmingly, to include as- those who are hurting simply because amendment is so modified. sistance for farmers and ranchers who of the nature of the disaster. Whether The amendment (No. 4481), as modi- suffered serious economic losses as a it is caused by floods or droughts or fied, is as follows: result of natural disasters during the wildfires, whether it devastates Texas At the appropriate place, insert the fol- crop-year of last year. Madam Presi- or South Dakota or any other State, an lowing: dent, 69 Senators—Republicans and emergency is an emergency. Sixty-nine TITLE ll—EMERGENCY AGRICULTURAL Democrats—voted to include that as- of us recognized that fundamental fact DISASTER ASSISTANCE sistance in the farm bill. 202 days ago. I urge my colleagues to SEC. ll01. CROP DISASTER ASSISTANCE. The administration at that time, and reaffirm it as we consider this amend- (a) IN GENERAL.—Notwithstanding section 508(b)(7) of the Federal Crop Insurance Act (7 Republican House leaders, objected. In ment. I yield the floor. U.S.C. 1508(b)(7)), the Secretary of Agri- conference, they threatened to block culture (referred to in this title as the ‘‘Sec- any farm bill from passing unless we AMENDMENT NO. 4481, AS MODIFIED The PRESIDING OFFICER. The Sen- retary’’) shall use such sums as are nec- removed the natural disaster assist- essary of funds of the Commodity Credit Cor- ator from West Virginia. ance for this year. They said they poration to make emergency financial as- Mr. BYRD. Madam President, may I would block all assistance for farmers sistance authorized under this section avail- ask the distinguished majority leader: able to producers on a farm that have in- and ranchers unless we agreed to drop The leader and the assistant leader and disaster assistance. curred qualifying crop losses for the 2001 or the distinguished ranking member of 2002 crop due to damaging weather or related So, reluctantly, we agreed. But we the subcommittee, Mr. BURNS, Mr. condition, as determined by the Secretary. said, when the farm bill passed, that BAUCUS, and I earlier had a discussion (b) ADMINISTRATION.—The Secretary shall the need for disaster assistance for to the extent that the offeror, the au- make assistance available under this section farmers and ranchers would not go in the same manner as provided under sec- thor of the amendment, Mr. DASCHLE, tion 815 of the Agriculture, Rural Develop- away. It would only get worse, and we would modify the amendment to make would have to revisit the issue. That is ment, Food and Drug Administration, and it read that the funds would be avail- Related Agencies Appropriations Act, 2001 what we are doing once again today. able in fiscal year 2002 and that the Our amendment is simple and (Public Law 106–387; 114 Stat. 1549A–55), in- amount would be charged to the Com- cluding using the same loss thresholds for straightforward. It does not create a mittee on Agriculture, the authorizing the quantity and quality losses as were used new program. All it does is fund exist- committee. Are these provisions in- in administering that section. ing crop loss and livestock assistance cluded in the amendment? SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. programs for this year and last year. It The PRESIDING OFFICER. The ma- (a) IN GENERAL.—The Secretary shall use does, in other words, exactly what 69 jority leader. such sums as are necessary of funds of the Senators agreed to do 202 days ago. Mr. DASCHLE. If I could respond to Commodity Credit Corporation as are nec- There are some who said we should the distinguished Senator from West essary to make and administer payments for livestock losses to producers for 2001 and 2002 not spend another dollar on agri- Virginia, I would confirm that the culture. They say the new farm bill is losses in a county that has received an emer- issues raised just now by the distin- gency designation by the President or the more than generous. I want to make an guished Senator are ones to which we Secretary after January 1, 2001, and January important distinction. The new farm have agreed. Obviously, we have to in- 1, 2002, respectively, of which an amount de- bill covers loss due to low prices. It corporate the appropriate language in termined by the Secretary shall be made does not cover losses due to natural order to accommodate that agreement. available for the American Indian livestock disasters. Farmers and ranchers all It is my intention to do so. At some program under section 806 of the Agri- across America are suffering stag- point, I will ask unanimous consent culture, Rural Development, Food and Drug gering losses due to natural disasters. that the amendment be so modified to Administration, and Related Agencies Ap- In fact, in yesterday’s Wall Street propriations Act, 2001 (Public Law 106–387; accommodate those requests. 114 Stat. 1549A–51). Journal there was a report that indi- Let me reiterate, they would involve (b) ADMINISTRATION.—The Secretary shall cated the current drought may be the charging whatever funds may be used make assistance available under this section most expensive in all of U.S. history. against the Agriculture Committee. I in the same manner as provided under sec- According to the Journal: would draw a distinction between that tion 806 of the Agriculture, Rural Develop- The U.S. may be looking at the most ex- implication or that requirement and ment, Food and Drug Administration, and pensive drought in United States history, in- any implication that that would entail Related Agencies Appropriations Act, 2001 flicting economic damage far beyond the using funds from the recently passed (Public Law 105–277; 114 Stat. 1549A–51). Farm Belt. farm bill. The Congressional Budget SEC. ll03. COMMODITY CREDIT CORPORATION. In South Dakota, the drought is cost- Office has indicated we are not able to The Secretary shall use the funds, facili- ing farmers upwards of $5 million a ties, and authorities of the Commodity Cred- do that, to draw funds from the farm it Corporation to carry out this title upon day. All told, the impact on my State bill, per se. But none of us has any ob- enactment. alone is estimated to be $1.8 billion to jection to charging the funds against SEC. ll04. REGULATIONS. agriculture and rural business. Things the committee itself. (a) IN GENERAL.—The Secretary may pro- are getting worse by the day. Some Let me also say, we certainly have no mulgate such regulations as are necessary to counties have had less rain this year objection to ensuring that those funds implement this title.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8147 (b) PROCEDURE.—The promulgation of the For Montana, it is not just 2 years of Agriculture is more than 50 percent regulations and administration of this title drought, it is successive years of of my State’s economy. It is truly the shall be made without regard to— drought. It is 4 or more years depend- backbone of our State’s economy. So a (1) the notice and comment provisions of ing upon where you are located in my drought affects not only farmers and section 553 of title 5, United States Code; (2) the Statement of Policy of the Sec- State. I say that not only because of ranchers specifically, but it affects retary of Agriculture effective July 24, 1971 the obvious implication that there are communities, it affects schools and (36 Fed. Reg. 13804), relating to notices of 4 years of farmers who are not pro- businesses, because when farmers don’t proposed rulemaking and public participa- ducing the quality or quantity of crops have a crop, what happens? They are tion in rulemaking; and that they should, but also because of not buying seed, they are not buying (3) chapter 35 of title 44, United States the perverse way crop insurance works. fertilizer, not buying fuel, not buying Code (commonly known as the ‘‘Paperwork I point this out to my colleagues who all the staples that go into agriculture. Reduction Act’’). When that happens, clearly, the (c) CONGRESSIONAL REVIEW OF AGENCY may not be as steeped in agricultural RULEMAKING.—In carrying out this section, policy as others. towns begin to suffer dramatically. It the Secretary shall use the authority pro- I ask unanimous consent, even affects our schools and the income vided under section 808 of title 5, United though we will get into morning busi- available to schools. It affects the psy- States Code. ness, that I be allowed to continue as chology of the communities. More than SEC. ll05. EMERGENCY DESIGNATION. in morning business. that, it affects the number of people (a) IN GENERAL.—The entire amount made The PRESIDING OFFICER. Without who are willing to stay and fight and available under this title shall be available objection, it is so ordered. live in those communities. only to the extent that the President sub- Mr. BAUCUS. The perverse operation Many communities in Montana are mits to Congress an official budget request for a specific dollar amount that includes of crop insurance is that with each suc- losing population. If we don’t get this designation of the entire amount of the re- cessive year’s drought, premiums rise agricultural disaster assistance, I can quest as an emergency requirement for the but coverage decreases. That is how guarantee you that the failure is going purposes of the Balanced Budget and Emer- crop insurance works; namely, pre- to hasten the decline of the popu- gency Deficit Control Act of 1985 (2 U.S.C. 900 miums rise during years of droughts lations in many parts of our country. I et seq.). and coverage declines. can speak personally for parts of my (b) DESIGNATION.—The entire amount made Some might ask, why do we need ag- available under this section is designated by State of Montana. Congress as an emergency requirement under ricultural disaster assistance when we The leader made an excellent point a sections 251(b)(2)(A) and 252(e) of that Act (2 have Federal crop insurance? That is a few minutes ago, which is that we U.S.C. 901(b)(2)(A), 902(e)). good point. Federal crop insurance is passed a farm bill that addressed eco- SEC. . CONGRESSIONAL BUDGET ACT. helpful. Federal crop insurance is wide- nomic assistance for farmers. It is Notwithstanding Rule 3 of the Budget ly available in most parts of the coun- needed because the earlier farm pro- Scorekeeping Guidelines set forth in the try. The fact is, crop insurance today gram, ‘‘freedom to fail’’ was just that; joint explanatory statement of the com- provides less coverage than is needed it hurt farmers. There was no safety mittee of conference accompanying Con- because of the perverse effect of the op- net. Farmers fell through the cracks ference Report 105–217, the provisions of this section that would have been estimated by eration of the program and does not ne- and holes in the safety net. We didn’t the Office of Management and Budget as gate the need to provide natural dis- have a basic underpinning for people. changing direct spending or receipts under aster. Not only was it necessary for farmers section 252 of the Balanced Budget and Again, to repeat, in successive years to have that underpinning, but I want Emergency Deficit Control Act of 1985 were of drought, premiums that farmers pay to remind my colleagues that we have it included in an Act other than an appro- for Federal crop insurance rise and the a big battle with other countries that priations Act shall be treated as direct coverage continues to decline with support their farmers much more than spending or receipts legislation, as appro- each year that passes during a natural America supports its farmers. priate, under section 252 of the Balanced I also might point out an interesting Budget and Emergency Deficit Control Act disaster. That is the way it works be- of 1985, and by the Chairman of the Senate cause farmers have less of production statistic, which is that agricultural Budget Committee, as appropriate, under the history, less acreage in a prior year trade barriers worldwide average about Congressional Budget Act. that is available. 60 percent. Manufacturing trade bar- Mr. BYRD. I thank the distinguished Add to that, when you have succes- riers and tariffs average about 5 per- majority leader. sive years of drought, it might rain cent. We Americans have very few bar- The PRESIDING OFFICER. The Sen- this year, as it has in some parts of my riers to agricultural trade. There are ator from Montana. State, but that is just the surface soil some commodities, such as peanuts and Mr. BAUCUS. Madam President, I that is given moisture. It is the sub- sugar, that have some assistance, but think finally we are here. Finally we surface soil down 1, 2, 3 feet that is when it comes to the basic commod- will pass agricultural disaster assist- parched. It is so dry. A lot of crops ities of wheat and barley, we have vir- ance which is so needed by many farm- have roots that go deeper. In addition, tually no protective subsidies. We have ers and ranchers throughout our coun- very dry subsurface soil has an effect no trade barriers to help our industry. The amendment now pending is on the moisture content at the surface. tries, whereas, as I mentioned before, the amendment I offered which got 69 So there are many reasons this has just the average agricultural trade barrier votes just 200 days ago. It has been mounted. worldwide is 60 percent. So, clearly, we modified. In 1996—I can only speak for Mon- have to help our people when other My colleague, Senator BURNS, and I tana; I cannot speak as authoritatively countries are helping theirs so much have modified the amendment so it ap- for other States—before these succes- more than we are. plies to years 2001 and 2002—that is, to sive years of drought began, farmers Second, in 1975, the European Union crop losses and livestock losses in both received almost $1 billion in cash re- was the largest net importer of agricul- those years—whereas the earlier ceipts from wheat; $847 million, to be tural products. They didn’t like that, amendment I offered covered losses precise. Last year, 5 years into the so they started doing something about only in the year 2001. This has been a drought, Montana received only $317 that. They decided to enact various devastating year, in addition to 2001 million in cash receipts—that is a 62- measures within Europe, price levies, being a devastating year. percent decline—just because of the agricultural export subsidies, and simi- Mother Nature works in strange drought. lar measures. By 1985, Europe was the ways. Some parts of America are hit in The same is true with livestock. We largest net exporter of agricultural some years rather than others. It are talking about not only crop assist- products. That was a big turnaround in doesn’t rain in some parts of our coun- ance but also livestock because in 10 years because of the degree to which try in some years, whereas it does in drought years feed prices are extremely they were protecting their producers. others. That is true within States. Last high and ranchers are liquidating their Eighty-two percent or eighty-six per- year was worse for my State of Mon- herds. The range is in poor condition. cent of the world’s agricultural export tana, and this year is a little bit bet- It just adds up and has a very detri- subsidies are European Union. Their ter, but not a lot. mental cumulative effect. agricultural export subsidies are about

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8148 CONGRESSIONAL RECORD — SENATE September 4, 2002 85 percent of the world’s agricultural said, we are not talking about counter- THE ECONOMY export subsidies. What are America’s? cyclical income for low prices; we are Mr. DORGAN. Mr. President, I intend Maybe 2 percent. Our Export Enhance- talking about disaster relief. to put into the RECORD a letter I sent ment Program is just peanuts com- So I will say to every Senator, Demo- to President Bush several weeks ago on pared with what the Europeans do. So crat and Republican, we hope we will the subject of having an economic sum- we have to fight and we have to help have your support. This is what we do mit meeting. our farmers. The farm bill was to help as a community. This is what we do as I note that the President had a forum our farmers. a national community. We provide help of some type in Crawford, TX, when he We are talking today about some- to people. I know the President has invited people who agreed with his fis- thing totally different. What is it? We said no to this. I wish he would take cal policy to talk about how well the are not talking about assistance for another position. But I really believe administration’s policies are working. low prices, we are talking about dis- Senators understand full well that this I believe we have significant eco- aster assistance. When there are torna- kind of disaster can happen to any nomic difficulties in this country. The does, our country responds with dis- community in any one of our States, Federal budget deficits now continue aster assistance. When there are floods, and I think this is a time when we real- to skyrocket. our country responds with disaster as- ly should come together, a time when We have a budget that does not add sistance. We had the Trade Towers we become a community to help com- up, a fiscal policy that does not make tragedy—an unspeakable tragedy—and munities. much sense. I think we ought to have our country responded to that disaster. I am so pleased that this amendment an economic summit at which people of We are simply stating—all of us who is on the floor. I know we are soon varying opinions come together and are sponsoring this amendment—in going to go back to the homeland de- have a competition of ideas about what fact, I was the original author of this fense bill, but tomorrow we will be works and what does not, so that we amendment along with Senator BURNS. back on this amendment. Tomorrow, can find ways to put our country back We are saying here is another disaster, there will be an up-or-down vote. To- on track. but not because of a tornado, earth- morrow, I hope Senators will vote for I hope the President convenes this quake, or floods, but because of the this. Right now, for me, as a Senator much-needed economic summit. drought, people need help. There is no from Minnesota, it is a priority to get (Mr. WELLSTONE assumed the reason that drought should play by a help to these people. A lot of farmers chair.) different set of rules than other nat- and a lot of people in northwestern f ural disasters. Minnesota really need the help. Please CORPORATE RESPONSIBILITY We have the opportunity today to provide that help. keep our rural communities and econo- The PRESIDING OFFICER. The Sen- Mr. DORGAN. Mr. President, I wish mies alive. Rural America is resilient. ator from North Dakota is recognized. to comment on one additional matter. And like them, I will not give up. I intend to hold some hearings in the Thousands of people are suffering from f Commerce subcommittee that I chair, the relentless drought. They deserve on the issue of corporate responsi- emergency agricultural assistance and MORNING BUSINESS bility. I will continue to fight until we are Mr. DORGAN. Mr. President, I ask We recently passed legislation deal- successful. unanimous consent that the 1 hour des- ing with corporate responsibility in the I urge my colleagues to support this ignated for morning business begin Senate. It was subsequently signed by amendment. It is long overdue and des- now. the President. I supported that legisla- perately needed. The PRESIDING OFFICER. Without tion, but I thought that it could be im- I yield the floor. objection, it is so ordered. proved in some areas. The PRESIDING OFFICER (Mr. During Senate debate, I tried to offer JOHNSON). The Senator from Minnesota f an amendment dealing with the issue is recognized. of bankruptcy, that called for recovery Mr. WELLSTONE. Mr. President, I DISASTER RELIEF of profits by top executives of compa- will be brief. I know others want to Mr. DORGAN. Mr. President, let me nies that went bankrupt. The amend- speak. follow the remarks of my colleague ment was blocked by my colleague, the I think I speak for the Presiding Offi- from Minnesota, Senator WELLSTONE, Senator from Texas, who kept me from cer, given what he has seen in South and say as a cosponsor of this disaster offering it over several days. I was not Dakota. Senator DASCHLE also talked relief that I have never voted against a able to offer that amendment on the about the drought. Let me make this proposal to help people in this country bill, but I am going to continue to push appeal to my colleagues. In north- who have suffered a disaster. There are it. western Minnesota, there are 17 coun- many kinds of disasters that people My point is this: As corporations go ties that have been declared Federal suffer, and in each and every case I bankrupt and as those CEOs take in- disasters. In our case, it is the flooding. have been pleased to be a part of this creasing amounts of money out of cor- I cannot remember more emotional Congress to say to them you are not porations in bonus payments and in- gatherings I have ever been to since I alone, the rest of the country wishes to centive payments prior to bankruptcy, have been in the Senate. We have had help. It is an important thing to do. I think there ought to be a mechanism a lot of this kind of flooding, and I Disaster, in this case, is spelled in for disgorgement or recapture of that have been in towns devastated by tor- part of my State by a drought that is money for the benefit of other inves- nadoes. devastating. It means those who have tors who lost their shirts and the em- I make this appeal to my colleagues. invested their lives and fortunes to put ployees who lost their jobs. I believe Never in the years I have been a Sen- seeds into the ground, hoping to raise a this idea would have had wide support ator—and I will be finishing up my 12th crop and to have some income with in the Senate, but I could not get it year—have I voted against disaster as- which to raise a family, have discov- done because it was blocked by the sistance for any community anywhere ered that drought has killed their crop. Senator from Texas. in the United States of America, There is nothing to harvest. There is Well, the Financial Times has done a whether it is tornadoes, hurricanes, nothing left. In other parts of the study and written an article to which I fire, drought, or whether it is flooding. State, flooding has prevented fields want to call attention. It is titled ‘‘The I believe this is a perfect example of from being planted. Yes, we ought to Survivors Who Left All the Way to the there but for the grace of God go I. The respond to this in a positive way. Bank.’’ The Financial Times found devastation to so much rich farmland I support the efforts of Senators that in the 25 largest companies that in Minnesota and to those farmers and DASCHLE and BAUCUS and JOHNSON of went bankrupt since January of 2001, these communities is not because peo- South Dakota, WELLSTONE, and others, there were 208 top executives who were ple have been bad managers. Nobody and I am happy to be a cosponsor of the paid a total of $3.3 billion in salaries, asked for this. As Senator DASCHLE bill. bonuses, and incentive payments.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8149 Think of that. As these publicly trad- to be addressed. I, for one, intend to over a 2-month period, they sold 1,200 ed companies were going down the hold hearings and offer amendments on cattle. Over 2 months this summer tubes and into bankruptcy, executives this issue. Mr. President, I yield the they sold over 12,000 cattle as people were busy taking out massive sums— floor. continued to liquidate their herds, in- $933 million from one; $290 million from Several Senators addressed the cluding breeding stock, simply having another; $299 million from another, Chair. to get out of the business altogether. just to give a few examples. The PRESIDING OFFICER. The ma- Corn cannot be cut for silage, soybeans I would like one good reason anybody jority whip is recognized. are lying in the dust, and pastures are has for providing a bonus or incentive Mr. REID. Will the Chair advise the simply patches of dirt at this point. It payment to any executive prior to the Senator when morning business start- is having a devastating impact. company filing bankruptcy—just one ed? As the Senator from North Dakota good reason. But there is not one. That The PRESIDING OFFICER. Morning indicated, I have always been sup- money ought to be recaptured. There business started at 12:07 p.m. portive of emergency aid in cir- ought to be what is called a Mr. REID. Under the control of Sen- cumstances where people have been disgorgement or recapture or ator KENNEDY, or his designee, we have struck by forces of nature, whether it clawback. That money ought to be the first half hour until 12:37 p.m.; is is hurricanes in Florida or earthquakes used to reimburse investors who lost that right? in California. I do not begrudge pro- their shirts and employees who lost The PRESIDING OFFICER. That is viding money to New York and other their jobs. correct. places where we had floods, hurricanes, I am going to hold a hearing about Mr. REID. Mr. President, I ask unan- and tornadoes. this in my subcommittee. We are going imous consent that the Senator from I find it striking that some are argu- to look into situations like that of South Dakota be recognized for 5 mining to set a new precedent whereby this Enron. We have already had some testi- utes, and following that, the Senator one sector of the economy, the agricul- mony in this regard in my sub- from Nebraska be recognized for 5 min- tural sector, is being asked to play by committee, relating to bonuses paid at utes. a different rule. Those suggesting this Enron. It turns out that Enron paid $55 The PRESIDING OFFICER. Without new precedent believe we can take million to people at the top of the cor- objection, it is so ordered. money out of the existing farm pro- poration to commit to stay 90 days as The Senator from South Dakota. gram to deal with a natural disaster. employees following bankruptcy. Some f The farm bill was never designed to address problems of natural disasters. By people got bonuses of $1 million, some DROUGHT RELIEF of half a million dollars. I think that is their very nature, droughts and floods nuts. Mr. JOHNSON. Mr. President, I rise are unpredictable. They occur some The investors get ripped by losing to speak in favor of an amendment years; some years they do not. Some their shirts, losing their investments, which I have cosponsored which pro- years, their scope is of one kind; oth- and a few people inside the companies vides direct and immediate emergency ers, another. I find it hard to believe that went into bankruptcy walk away aid to the nation’s farmers and ranch- the administration has taken this posi- with pockets full of gold from the ers coping with a drought of dev- tion while at the same time talking treasuries of these corporations. It astating proportions. Mr. President, re- about an economic stimulus package. ought not happen. It is just plain cently President Bush visited my home I can think of few things that could wrong. State of South Dakota at Mount Rush- be more stimulating to the economy in Yet this was not dealt with by the more. He was met with great courtesy, our part of the country other than a corporate responsibility legislation. respect, and hospitality which we al- drought bill to provide some relief to Why? Because I was blocked from offer- ways extend to Presidents of either po- get these people through the winter. ing my amendment. litical party. I was there, along with Right now, in too many instances live- If I had been able to offer my amend- my wife, to greet the President at stock producers have no feed, they ment and had gotten a vote on it, we Mount Rushmore. We are proud of our have no water. They are not going to would have gotten a mechanism for re- State and always pleased to have an make it through the winter. They are capture and disgorgement. We would opportunity to show it off. selling their herds off at a $250-a-head have a law that says that you cannot There was a great deal that the loss. These pastures are not going to walk away from a corporation you President said in South Dakota on recover, in some instances, for years. took into bankruptcy with $100 million which I could agree. There are a num- This is an enormous hit, and it is not in your own bank account. ber of areas of common ground on just the farmers and ranchers, it is So there is unfinished business on which we can work together as Ameri- mainstream business. It is the entire corporate responsibility. We are going cans. fabric of the economy of South Dakota to have votes on this issue of bank- I have to say, however, that I was that is suffering mightily, as it is in so ruptcy and recapture of ill-gotten profoundly disappointed that the Presi- many other States. gains. dent chose at that time to express his In the past, we have always dealt I am also going to be working on the opposition to emergency drought relief with this on an emergency basis. Presi- issue of inversions. I know the Pre- for farmers and ranchers in my State dents of both political parties, Presi- siding Officer cares a lot about that all across America. Some 40 States dent Bush Sr., and this President, when issue, which involves corporations de- have been struck to some degree or an- he was Governor of Texas, asked for ciding they want to renounce their other by this relentless drought. drought relief on an emergency basis in U.S. citizenship. Why? Because they There are areas in my State in dire his State. So it seems hard to believe want to become citizens of tax havens circumstances. We have lost almost $2 we find ourselves in this circumstance like Bermuda, so they can save on billion in the South Dakota economy where the Senate passed drought relief their U.S. tax bill. Shame on them. In- over the course of this past year, and for the 2001 year over 6 months ago version, my eye. in our small State, that is an enormous that was defeated and pulled out of the We ought not have corporations re- hit. I have visited farmers and ranchers farm bill by colleagues in the House. nouncing their American citizenship across my State who detail with great The White House expressed opposition out of sheer greed. I am going to offer pain and emotion the problems they’re to it. some 200 days ago. legislation on that issue as well. being forced to cope with due to this We attempted to put drought relief in So we have some unfinished business drought. the supplemental appropriations bill on corporate responsibility. Nobody I recently was in Philip and Faith, but again ran into resistance. Now we ought to think the bill we passed is a SD. The pastures look like the surface are looking at the 2003 fiscal year be- cure-all. It addresses the problem of of the Moon. There is no vegetation at ginning on October 1. Things are de- corporate irresponsibility in a con- all. I talked to Gary Vance, the owner layed already, I don’t think we can af- structive and positive way, but it is in- of the Faith livestock auction barn ford to wait, we must enact emergency complete and there are other issues yet who indicated to me that a year ago, relief now. There are some who talk

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8150 CONGRESSIONAL RECORD — SENATE September 4, 2002 about finding the money within the left standing, not even good for silage, they favored a delay in relief if offset- farm bill, within the LDP and the not having any value except maybe if ting costs could be found. Without ex- countercyclical payment money that we get any kind of snowfall this win- ception, they did not. They recognized will not be used. The Congressional ter, maybe to catch a little snow and that, in fact, if aid will be of any as- Budget Office indicates to us there is keep it for moisture for the future. sistance, it must be delivered as soon no such fund, there is no such $5 billion When we had TV cameras to take a as possible. lying around in the farm program wait- look at how bad the ears of corn were, The PRESIDING OFFICER. The time ing to be used, and we would not know we had to walk halfway through the of the Senator has expired. what the scope of the funding for those field to find an ear of corn big enough Mr. NELSON of Nebraska. I urge our programs would be until September of to shuck so we could peel back the colleagues to move forward on this leg- 2003 in any event. husks and have people take a look at islation. Frankly, we have producers who the fact that there were no kernels of The PRESIDING OFFICER (Mr. needed help months ago who have to corn on that ear. JOHNSON). The Senator from Nevada. make wrenching decisions right now I also heard during the hearing the Mr. REID. How much time does Sen- relative to whether they are going to details regarding the sale of livestock. ator KENNEDY have remaining? The PRESIDING OFFICER. Ten min- make it through the winter. They will As the Senator from South Dakota utes, 20 seconds. stated about selling off herds and rec- have to liquidate everything they have Mr. REID. I ask unanimous consent in order to survive in too many in- ognizing that next year may not be any that Senator KENNEDY be recognized as stances. Too many young producers are better, farmers may need to sort of in morning business for an additional 5 being chased out of the business alto- hedge their bet a bit and get rid of minutes and the minority also have an gether. Those most vulnerable, those their herds in case the high cost of additional 5 minutes for morning busi- least capitalized, tend to be among the hay—if it is available—will drive up ness. youngest. We are at risk of losing an the cost of production to the point The PRESIDING OFFICER. Without entire generation of farmers, ranchers, where they lose more on every head of objection, it is so ordered. school board members, and church cattle that they sell rather than re- The Senator from Massachusetts. couping any losses. leaders in rural America if something f is not done to provide meaningful and Witnesses testified that much of the immediate relief. nonirrigated crop in large sections of NO CHILD LEFT BEHIND There is great urgency to this, and I the State would be a total loss this Mr. KENNEDY. Mr. President, for hope we can find the bipartisan support year, after 2 previous years that had families across this country who have to pass the comprehensive drought re- been bad crop years in their own right. school-age children, they have been in- lief bill in these comings days. Witness after witness testified that volved over the period of these recent The PRESIDING OFFICER. The time they need the kind of assistance the days and weeks preparing their chil- of the Senator has expired. Federal Government would not think dren to attend, by and large, the public The Senator from Nebraska. twice about giving if Nebraska had schools of our country. Over 90 percent Mr. NELSON of Nebraska. Mr. Presi- been struck by a hurricane. of the children in this country go to dent, I rise today in support of S. 2800 As Merlyn Carlson, the director of the public schools. A little less than 10 to say that during the August break, agriculture for the State of Nebraska, percent go to private schools. when we all went home, what a pleas- said, agricultural producers, farmers, Over these last several months, we ant experience it was to go home, ex- need two things: Rain and money. have had, with President Bush, a bipar- cept that some of what I saw during Well, we cannot do anything about tisan effort which resulted in what was those days in August in Nebraska were the rain. Even if we could, the rain will called the ‘‘No Child Left Behind Act.’’ not pleasant experiences. The message come too late this year to protect That legislation recognized that what from our farmers and ranchers in Ne- against the problems that are cur- is really needed for the neediest chil- braska is that the drought is driving rently being experienced. It will be dren in this country is school reform. them out of their business and running great for next year but not for this But we also need investment, school re- them out of agriculture. year. form and increased resources. As a part of my trip back to Ne- At this point, I am sure some of our For a long time, the Title I program braska, I hosted a Senate Agriculture colleagues would bring up the subject was criticized because it provided re- Committee hearing in Grand Island, of offsets. That certainly has been sources without really providing the and I thought it might be important to raised by the administration and by kind of accountability that is so impor- report back what I heard from many of many of our colleagues. There are tant. So there was a bipartisan effort our farmers and ranchers in Nebraska. those who believe that any disaster re- to provide for that kind of account- Al Davis, a rancher from Hyannis, lief should be funded only by cuts in fu- ability. NE, in the middle of the sand hills, told ture farm bill programs. I disagree. Now as parents are seeing their chil- me his ranch has not had any measur- There is no reason to treat disaster re- dren going back to school and they are able precipitation since July 6—a lief differently for rural areas struck asking whether the Congress and this month and a half earlier. by drought than we would in other administration are meeting their re- For 60 days, Art Duvall’s farm in Ord areas struck by another kind of nat- sponsibility. Because in that legisla- had no measurable rainfall, and the ural disaster. Moreover, if we wait for tion, we are holding accountable the McCook Daily Gazette, my hometown offsets, we will delay relief. children that were going through paper which I delivered as a young boy, One thing I have learned during my school. We are holding accountable the reported that as of the date of the short time in the Senate is that every schools. We are holding accountable hearing, that area had had only 8 program and every idea has a constitu- teachers. inches of rain this year and that there ency, and if one Member of Congress I was asked over the recent month of will be 35 days this summer with tem- attempts to defund a program for the August as I went around Massachu- peratures of 100 degrees or more, ap- benefit of another, there will be a fight. setts, is: What is going to be the ad- proaching the record set during the We cannot afford to waste time having ministration’s response to the children Dust Bowl years. a floor fight over offsets. being left behind with the budget that I visited Randy Peters’ farm, a farm Throughout the hearing, witnesses the administration recommended to that has been in the Peters family asked for relief without delay. At one the Congress for funding of No Child since 1921, where on many occasions as point, I asked a panel, consisting of Left Behind? Will politicians be ac- a young boy, with my father, I hunted representatives of the National Corn countable? There are 10.3 million chil- pheasants. So I am familiar with the Growers Association, the American dren who fall into what we call the farm. Since 1921, they have had a crop Corn Growers Association, the Ne- Title I category. Over 6 million of every year—some good years, some bad braska Wheat Board, the National those children are going to be left be- years, but they had a crop. This year, Grain Sorghum Producers, and the Ne- hind under the administration’s budg- there will be no crop. The corn will be braska Corn Growers Association, if et. We do not expect that money in and

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8151 of itself to be the answer to all of the number of poor children to be covered schools for vouchers. They have basi- problems, but it is a pretty good indi- under the Title I program to about cally retreated on each and every one cation of the priorities of a nation and two-thirds of those that are being left of these principles. It seems a very im- the priorities of an administration. behind this year. However, the admin- portant mistake and one which we will And this chart is a pretty clear indica- istration said no; we will have $4 bil- have the opportunity, hopefully, to de- tion of the recent history of increased lion over a 5-year period to be used for bate. funding for education. We are talking the private schools, for just 10 percent With those resources, if the Bush her about the total education budget. of the children. budget took that $4 billion in new fund- In 1997, a 16 percent increase; 12 per- The reason we raise this issue is in ing for private schools over 5 years cent in 1998; 12 percent in 1999; 6 per- case we have these resources again, we along with the cut in public schools, cent in the year 2000; 19 percent in 2001; will have an opportunity, hopefully, to had that $4 billion been available for and 16 percent in 2002. However, it is debate this, and it ought to be directed public schools, it would mean the up- only 2.8 percent under this administra- toward the public school system. grading of the skills of 1 million teach- tion’s budget, the lowest we have seen But beyond that, some of the things ers across this country. It would up- over the last 7 years. that concern us is that with the $4 bil- grade the skills of 1 million teachers. Again, money is not everything, but lion, there is virtually no requirement You could provide 5.2 million more we did make a commitment to the par- that we have accountability. The ad- children with afterschool learning op- ents, to the families, to the schools. ministration made a great deal about portunities. There is tough criteria for all of those accountability, to make sure that we I just point out about the after- groups. know where the money is invested, school programs, because of all of the We have seen, in the efforts made by what the results will be on the stand- Federal programs that are out there Senator HARKIN in the Appropriations ardized systems to be able to tell if that go through the process and are Committee, the recommendation that children are progressing. In my own considered to be quality programs, it will be higher than this program. It State of Massachusetts, we have seen when they get in line for the funding, will be some $4.2 billion, and it will important progress where we have had the afterschool programs are No. 1. Do raise this percentage up to about 6 per- accountability and support, including we understand that? There is a greater cent. 2.8 percent is the recommenda- the recent announcement of the MCAS need, in terms of limited resources for tion that is being made by our Repub- results in the past week, in which we these programs, than for any other lican friends in the House of Represent- have seen continued progress in math Federal program. People understand atives. By and large, the best judgment and continued progress made in that if you are going to provide after- we have is that this will be the figure English. Not all the problems are re- school programs and supplementary coming from the House, and we will be solved, and there are still painful prob- services for the children who need somewhat above, and the conference lems in terms of disparity, but we have them, this is the way to try to do it. will come out lower, certainly, than seen progress made because of account- We are seeing the results of success what we have seen in recent years. ability. academically as well as in terms of the What has resulted from this—from The administration has talked about social progress the children have made. the fact that we have not seen ade- accountability. But for their $4 billion, This is what you would be able to do. quate funding of the program? We rec- there is no accountability to any You could provide 5.2 million more ognize in the No Child Left Behind Act schools to ensure that they do what all children with afterschool learning op- that one of the most important neces- the public schools do, and that is, to portunities. You could provide a Pell sities is a well-qualified teacher in have the examinations. Grant to 500,000 more college stu- every classroom in the country. There There is no accountability to ensure dents—those students who are able, is virtually no increase in funding for that private schools accept all the chil- gifted, talented, motivated young peo- teacher training. So the 18,000 teachers dren. In the public school system there ple whose parents have limited re- that would have been trained if there has to be acceptance of all of the chil- sources and income. They will not go had been a cost of living increase will dren, but the private schools do not on to college because they are not eli- not receive the training. have to do that. gible for the Pell grants. With these re- Mr. President, 20,000 students will be In private schools, there is no ac- sources, 5,000,000 more children would cut from the college Work-Study Pro- countability to ensure teachers will be receive increased college aid. gram; 25,000 limited-English-proficient highly qualified teachers. We wrote in As we continue this debate and dis- children cut from the Federal bilingual that legislation that in a 4-year period cussion about funding education, it is program; 33,000 children cut from after- there will be highly qualified teachers enormously important that the Amer- school programs; there is virtually no in the classrooms. We fund a variety of ican people understand whose side we increase in the Pell grants; and there is programs regarding recruitment, train- are on. We on this side of the aisle be- no increase in student loans. ing, and retention, and we give max- lieve very strongly that with scarce re- What has the administration re- imum flexibility to local communities sources in our budget, these resources quested of the Congress? Why do I take to be able to do that. But there is no ought to be used to provide more high- a few moments of the Senate time requirement with that $4 billion that ly qualified teachers in every class- today? I want to point out what is hap- they use those funds for highly quali- room, smaller class sizes, afterschool pening in this debate regarding funding fied teachers in the classrooms. And programs, supplementary services, and of education because tomorrow in the there is no requirement to give the par- information to parents so they know House of Representatives, they will ents the critical information they need what is happening in those schools—all mark up a recommendation by this ad- and which we have insured under this of those for the children in this coun- ministration for $4 billion in new fund- legislation. try. We believe that is where the needs ing for private school vouchers. We un- So we are puzzled. We heard both the are. That is what we ought to be doing derstand, this is for private schools, 10 President and our good friends on the with scarce resources, not siphoning off percent of the education, $4 billion. Yet other side saying accountability was $4 billion for the 10 percent of children just 2.8 percent increase for the public the key element. We agree that was who are attending private schools. schools, where 90 percent of the chil- enormously important—we are going We will have an opportunity, when dren go. to have accountability and resources. this comes before the Senate, to debate There are a number of reasons we However, now we have the administra- it further. But we want the parents of should be concerned. I think most of us tion coming back with $4 billion more. children going to public schools, who believe that we should not be taking Instead of allocating that to the 90 per- are facing increasing pressure—as we scarce funds from the public school cent of the schools that will train the have seen all across this country as children and putting them into private children of America, the public school States have cut back in support and schools. That is in effect what this is systems which returned to school this help to local communities, increasing doing. If we had the $4 billion, we past week—no, they will use that the size of their classes, reducing the would be able to increase the total money, the $4 billion, in the private afterschool programs, cutting out a

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8152 CONGRESSIONAL RECORD — SENATE September 4, 2002 number of subjects such as music pro- toric record when you compare it with national review of the health of our grams, and cutting back on the number the averages of the kinds of public forested lands. At that time, 1981 or of teachers’ aides and teachers’ assist- lands we have seen burned over the last 1982, I believe, those forest scientists, ants—to know that we understand this good number of decades. with no bias, simply made the state- is not a time to abandon our public We watched what happened in Ari- ment that the public forests of the schools. This is a time to invest in our zona earlier this year when nearly Great Basin West were sick, dead, and future. 700,000 acres were burned and thou- dying, and if there was not active man- One final point. We have had a great sands of homes were lost and lives were agement involved to change the char- deal of discussion and debate about na- lost. Then, during the August recess acter of the forest health, that within tional security and national defense. I while all of us were back in our States, a decade or so these forests could be would like to make the point that en- we watched the firestorm that struck swept by devastating wildfires. suring that we are going to have well- the eastern slopes of the Cascade Those scientists were not prophets. qualified children in schools that are Mountains in Oregon. In the State of They didn’t have a crystal ball. They going to meet standards is an essential Oregon, almost a million acres of land simply looked at the facts that were aspect of our national security and na- have burned. available in the early 1980s and made a tional defense. And we should not In the State of California, as I speak, determination that, without active shortchange that investment any more 3 fires are burning and over 12,000 acres management, we could lose these for- than we do our Defense Department. have been burned. ests in an unprecedented way. I yield the floor. In the State of Colorado, over a half- During the decade of the 1980s that The PRESIDING OFFICER. The Sen- million acres have been burned. followed and the decade of the 1990s, we ator from Idaho. That is a tragedy, without question. did just exactly the opposite of what Mr. CRAIG. Mr. President, for the Wildlife habitat, watershed, has been those forest scientists proposed. We last few moments I had the oppor- destroyed at almost an unprecedented progressively became inactive on our tunity to listen to the Senator from rate. Watershed for urban areas, habi- forests, largely because many thought, Massachusetts. Of course, he is well tat for endangered species—gone, up in and public policy allowed the argu- smoke. There is nothing but a pile of known for his dedication to public edu- ment, that no management and no ac- ashes today because those fires were so cation in this country. I applaud him tivity would improve the environment. hot, so penetrating, so intense, that for that. What we failed to recognize was that they were unlike almost any other I also want to recognize a President the environment had deteriorated so kind of fire we have seen on our public who has seen public education in its that simply could not be the case and lands. current condition to be an issue on that these kinds of fires would be stand Why has that happened? What am I altering, stand destructive, and de- which to speak out and on which to talking about? Is this unprecedented? lead. And while the private school and stroying wildlife habitat and water- Or is fire simply natural in our forest sheds that we see in the West today. the voucher may be criticized, we are systems? Fire is a natural element in The fire seasons in the West are not creating a dynamic, now, in the mar- our forest systems. But what we are over. Today, literally thousands of ketplace of education, that means the seeing today—because largely we took acres are still burning. My guess is public schools are going to have to fire out of the ecosystems of our for- that before the fire season is over, we compete a little more. In that competi- ests 70 years ago—is that these are will see over 7 million acres of land tion, they will dramatically improve. very much abnormal fires, burning hot- burned. The condition for educating young ter than ever, burning entire stands, Before we left for the August recess, people, in my opinion—and I think it is burning the ground to such an extent a group of us gathered at a press con- a growing opinion in America—will that we are caramelizing the soil and ference to speak in a bipartisan way to rapidly increase. burning the humus out of it. By so this issue. At that time, we had not yet f doing, we are disallowing the ability of quite determined what we needed to do, DROUGHT AND FIRE those forests to rejuvenate as they but we believed the American public would under a reasonably normal sce- was becoming increasingly aware that Mr. CRAIG. Mr. President, I did not nario. something had to be done, that we come to the floor this afternoon to Why is this happening? It is hap- needed to lean on this issue to save our speak to education. I came to the floor pening because of public policy, be- forests, to save wildlife habitat, to today to talk about what I saw on the cause of an attitude that was held have a watershed, and to protect homes Weather Channel this morning across right here in this Senate that has in that urban wildland interface. the Great Basin West, the Weather crafted public policy over the last sev- I said at that press conference—the Channel that spoke of a hot weather eral decades that not only took fire out last of July or early August, and at pattern that permeates the Great of the forests but didn’t allow active that time—that less than 4 million Basin West, that continues to allow it management in the forest to replace acres had burned. I said that probably to be dry, and, as a result of the what fire would have otherwise accom- by the time we returned over 67 million drought conditions, we have a unique plished. acres would have burned. I was no weakness in the West this summer that As you know, in the Black Hills of prophet. I simply had studied fires and tragically has been played out for a South Dakota you have had this kind the way they were burning in the West good number of years and will be of situation. In fact, the Presiding Offi- over the last several years to recognize played out into the future. cer and his colleague, Senator that was probably a reality. And it be- The western skies are full of smoke DASCHLE, have felt the situation so in- came a reality practically enough. today. They are full of smoke from for- tense and so risky of ecosystems, of Today, 6.3 million acres have burned. est fires that started burning in mid- timber, of wildlife habitat, of human Thousands of acres are currently burn- June on the great Rocky Mountain dwellings and all of that, that you ing, with fires in almost all of the front of the Colorado and down into the chose to act. I think you acted in a rel- Western States—at this moment ac- southwestern mountains of Arizona. To atively appropriate way to recognize tively burning and out of control. date, we have seen a fire scenario on the need for immediate action that We said at that press conference that our forested public lands that is almost would not deny the thinning and the when we returned, we would try to re- unprecedented in the history of the cleaning and the fuel reduction that solve a bipartisan approach we could U.S. Forest Service and U.S. Forest needed to go on in those forests. bring to the floor so that we might Service management. I chaired the forest subcommittee for offer it as an amendment to the Inte- Today, as I speak, as a result of pub- 5 or 6 years here in the Senate. We rior appropriations bill or some similar lic policy and as a result of the drought have spent a lot of time looking at this vehicle. We are in the final hours of conditions in the West, we have seen issue, trying to deal with this issue— trying to craft that kind of an amend- over 6.3 million acres of public land largely to no avail. ment that would bring us together in a burned. That 6.3 million acres is not a In the early 1980s, a group of forest bipartisan way, and in a collaborative record, but it is without question a his- scientists met in Sun Valley, ID, for a way, to solve this problem.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8153 Earlier this year, the Western Gov- such unhealthy condition that over the known as the West Branch Project. The ernors Association, in conjunction with next 15 years we could still average funding that is in this legislation will the Secretary of the Interior and the anywhere from 5 million to 8 million help us complete this important land Secretary of Agriculture, met and pro- acres a year being wiped out by wild- conservation effort. This historic duced a western fire policy that dealt fire, depending on climate conditions— project has been more than 3 years in with these fire-prone acres. They pro- drought or lack of moisture. the making, and it is a testament to posed a collaborative process that tar- Shame on us for having waited so what can be accomplished when the geted those critical areas in all of the long to attempt to do so little. But we Federal Government teams up with pri- States involved and that would allow must attempt now to do something. I vate landowners, private nonprofit us to move forward in a relatively un- hope we can bring all of the commu- groups, and State and local govern- restricted but environmentally sound nities of interest together in a kind of ments to preserve special lands. I have way to do so. There has been a lot of collaborative process to look at these worked hard with my senior colleague work going on to try to solve this prob- acres, to deal with what we call the from Maine to help this project reach lem. class 3 sick, dead, and/or dying bug-in- fruition. Late this month, the President was fested acres, to look at our urban This significant project will protect out in Oregon, looked at those fire sce- wildland interface, to talk about and 330,000 acres of lakefront and forest narios, and reported that he, too, help shape the environment that pro- lands in some of the most pristine agreed that active management was tects homes while at the same time areas of the State of Maine. Much of necessary, that our forests were at a protecting wildlife habitat and water- the West Branch lands make up the critical state, that we were in a state shed and what can once again be the viewshed from Mt. Katahdin, Maine’s of emergency, and that failure to re- beautiful forests of this country. largest peak and the northernmost spond was negligence on our part. The I yield the floor. point of the Appalachian Trail. Their President also said we shouldn’t block The PRESIDING OFFICER. The Sen- protection through the Forest Legacy from the courthouse doors people who ator from Maine is recognized. Program is critical for the well-being would want to appeal or object. Ms. COLLINS. Mr. President, I ask of Maine’s recreational and natural re- While I agree with you, Mr. Presi- unanimous consent that I be permitted sources. Moreover, protection of this dent, and TOM DASCHLE, your col- to proceed as if in morning business for land through the Forest Legacy Pro- league, chose a slightly different up to 12 minutes gram will enable the landowners to course that would have denied appeals The PRESIDING OFFICER. Without continue to supply area mills and sup- and court actions under certain cir- objection, it is so ordered. port the local economy while allowing cumstances, we are working right now Ms. COLLINS. Thank you, Mr. Presi- the public continued access to the to try to see if we can craft that col- dent. beautiful lakes, streams, and back laborative process that would limit but f country wildlands that are char- still allow some degree of protest and/ CONSERVATION FUNDING IN THE acteristic of this area. or objection, or appeal based on law That is why the Forest Legacy Pro- INTERIOR BILL and based on the reality of the environ- gram is such a good one. It recognizes ment, and at the same time not allow Ms. COLLINS. Mr. President, today that our forests have multiple pur- those thousands who would choose to the Senate begins consideration of the poses, that they can provide good jobs obstruct entirely—to simply use that fiscal year 2003 Interior appropriations for those in the forest products indus- as a tool to bring any action on our bill. Land conservation funding is the try as well as being a source of beau- public land. critical component of this legislation— tiful recreational opportunities for all I hope by tomorrow we can bring to funding for land conservation pre- of us who enjoy walking through the the floor that kind of an amendment serves, wetlands, open fields, barrens, woods or fishing or hunting or enjoying which will have bipartisan support. We and woodlands that are threatened by the lakes and streams that abound in are going to try mightily to achieve ever-increasing pressures from develop- those forests. that. ment. Regrettably, the House Interior ap- Let me close with this thought, be- I would like to highlight three land propriations bill does not contain any cause to me this is the most fright- conservation projects funded in this funding for completing the West ening of the thoughts about which I bill that are of particular significance Branch Project; therefore, I hope the have talked. to the State of Maine. Senate position will prevail in con- Six point three million acres have First, let me congratulate the distin- ference. burned to date, 2,500 homes have been guished chairman and ranking member Another land conservation project wiped out, and 25 people have died try- of the Interior Appropriations Sub- that is important to my State is the ing to fight those fires. If this had been committee, Senators BYRD and BURNS, protection of the 8,600-acre Leavitt Hurricane Andrew, which devastated for producing a bill that includes a gen- Plantation Forest. I, again, thank the less, we, with the full force of the Gov- erous amount for land conservation ef- managers of this bill for including ernment, would be out there today fort in the face of severe fiscal con- $600,000 for this project in their legisla- helping those people rebuild those straints. tion. homes and trying to solve the problem. The Forest Legacy Program, in par- Leavitt is the largest contiguous for- But some have said: Oh, no, this is just ticular, is funded at $80 million in this est in southern Maine. The forest was Mother Nature, and this is natural. bill, which represents a nearly 25-per- targeted for development 2 years ago, Well, hurricanes are Mother Nature, cent increase from last year’s level. when it was scheduled for auction in as and they are very natural. But still we This is a remarkable achievement con- many as 13 separate parcels. have reacted differently. A hurricane is sidering that when I first joined the Fortunately, Renewable Resources, a going on in the forests of public lands— Senate in 1997, the Forest Legacy Pro- timber management company, ap- wiping out millions of acres of trees, gram was funded at only $2 million. proached the Maine Department of 2,500 homes, killing 25 people to date, I am a very strong supporter of the Conservation and the Nature Conser- and it is clearly something we have to Forest Legacy Program because it rec- vancy with a plan to protect Leavitt speak to, and speak loudly. ognizes that our forests are both the Plantation. Working together with the Even if we are able to gain public source of good jobs and of boundless owner of the property, the company support to get optimum public activity recreational opportunities for our agreed to purchase the tract up to the on our public land, if we are able to sportsmen, our hunters, our hikers, and New Hampshire border and to sell a thin and clean and fireproof tens of everyone who enjoys the great out- conservation easement that will pro- millions of acres a year—even if we do doors. tect wildlife habitat, while allowing that—our scientists are telling us that I am very pleased, therefore, that the the property to continue to be man- the forested lands—the Great Basin bill before us today includes $2.9 mil- aged for forestry and recreation. West primarily, but all of the public lion in Forest Legacy funding for an Finally, the bill includes $3 million forests of our country—today are in important project in Maine. It is to purchase critical shorebird nesting

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8154 CONGRESSIONAL RECORD — SENATE September 4, 2002 areas within the Rachel Carson Na- will be here, I have been known to are looking for us to not be too influ- tional Wildlife Refuge. It is easy to see speak for several hours, but I will not. enced by all the big economic interests why so many are committed to pro- I will just take a few minutes. When with all their money and lobbyists and tecting the Rachel Carson National Members come to the floor to start de- their connections and clout. People are Wildlife Refuge. The refuge’s 5,000 bate of the homeland defense bill, I will saying to all of us, we want you to be acres are home to rich and diverse be pleased to finish. for us. I guess sometimes they are not wildlife habitats, including coastal salt As a matter of fact, I will have an so sure the Senate always is for them. marshes, barrier beaches, forested wet- amendment, which will be the ‘‘no Fed- In that respect, the Sarbanes bill was a lands, coastal meadows, and upland eral contracts for expatriates’’ amend- very positive step forward. forests. ment, which is very similar to what I We had a stalemate here in 1994 on During the course of the year, more did on the Department of Defense bill. health care when we were talking than 250 species of birds, 47 species of The House of Representatives actually about universal health care coverage. mammals, and 35 species of reptiles and took action on this with a pretty Really between 1994 and now, it is as if amphibians can be found at the refuge. strong vote. What this says is, if you this never was an issue. But the issue What is most remarkable about the ref- have companies that have moved to of health security, of affordable health uge is that all of this wildlife and habi- Bermuda and renounced their citizen- care coverage for people, for their tat diversity is located in Maine’s most ship, they will not be getting any Fed- loved ones and families, has walked populated region. So this makes this eral contracts. It is a pretty simple into people’s living rooms. I heard wildlife refuge a particularly special proposition. I look forward to intro- more discussion of the cost of it—the place to the people of southern Maine. ducing the amendment and hope to do premiums, the copays, the deductibles, The funding in this bill for Rachel it shortly, this afternoon. I am ready the inadequate coverage—just unbe- Carson will help protect the habitat to get going. lievable—and, of course, prescription found on these lands. In addition, it We have so much to do in such a drug coverage by the elderly and also will preserve open space in a region of short period of time that I hope Sen- by others. Health care has emerged. I Maine that faces tremendous develop- ators will come to the floor with don’t have my own poll on all these ment pressure. This project serves as amendments on both sides. I will be issues, but I think it is a top issue for yet another example of how nonprofit ready to do so. families. As long as I am on the topic, I want- and community organizations can In Minnesota, children have just ed to talk about my experience back work together with the Federal Gov- started school, as in other States, and home. I don’t know about you, but we ernment to identify and acquire crit- education is right up there. I am not all have our own focus groups. The ical lands from willing private sellers without my bias. Two of our children greatest focus group in Minnesota is are teachers. I will just tell you that that otherwise might be lost forever to the State fair. It is really quite a hap- Minnesota and a lot of States around sprawl and other development. pening. In about 12 days, almost half the country are still counting on us to It takes considerable resources for the State’s population comes to the provide the resources that we com- the Federal Government to be an effec- State fair—2.5 million. That might be a mitted to providing to them for edu- tive partner in the effort to protect slight exaggeration but not by much. cation. There is a lot of discussion habitat and preserve open space, par- There are a couple of things I really about education. ticularly in high-growth areas such as like about the fair. One is, it is sort of There were questions about Iraq, southern Maine where the cost of land the essence of political equality. No- what is going to happen, concern. I is increasingly high. That is why I have body has a lobbyist. Everybody counts don’t think people feel they have much worked so hard in Washington to se- as one and no more than one. Every- information. They want more informa- cure the resources needed to support body comes up and talks with you. tion. They want to know about the dif- these community-based conservation I also like what we call the greater ferent options and consequences of efforts in my home State. Minnesota focus. We have a very thriv- those different options. Rachel Carson, the patron of the ing metropolitan community, but we Over and over again, if you want to Wildlife Refuge, once said of her sub- are also an agricultural State. It is say politics is very concrete and stantial accomplishments: great to see the very strong emphasis doesn’t have much to do with labels, The beauty of the living world I was trying on agriculture at the fair. whether it was suburbs, inner city or to save has always been uppermost in my It is a focus group because you can be greater Minnesota small towns, so mind. . . . Now I can believe I have at least at your own booth, and lots of people much of the discussion was about the helped a little. come up, and I guess that is self-selec- economy, so much of the discussion I think Rachel Carson would agree tion, where maybe it is a lot of sup- was: Senator, what is going to happen that the land conservation funding in porters and whatnot. But even there, to our schools? We had to cut all these the Interior bill we are considering certainly walking around, you will run teachers. We don’t have enough re- today is helping, piece by piece, to pre- into everybody and anybody, and peo- sources. Senator, my wife or my hus- serve ‘‘the beauty of the living world’’ ple are going to tell you what is on band has $800 a month or $500 for pre- and to ‘‘help a little.’’ I am very their mind. scription drugs. Senator, why do the pleased to support the land conserva- I heard a lot—a lot, a lot—about cor- pharmaceutical companies have so tion efforts in the bill. Again, I thank porate responsibility. I don’t know if much power? Senator, what is going to the managers for their leadership in people used those words, but there is happen to my pension? Senator, how this area. really a lot of concern about this flat did those big companies get away with Madam President, I yield the floor economy. And look at the news yester- what they have done to us? and suggest the absence of a quorum. day and today. That is what we have. That is really what I heard about The PRESIDING OFFICER (Mrs. People really are worried that they again and again: I have no coverage; I CARNAHAN). The clerk will call the roll. will not have any pension, and they are don’t have enough insurance. The assistant legislative clerk pro- worried they might not have a job. In I could go into a whole separate dis- ceeded to call the roll. Minnesota, Mr. Joseph Nacchio, CEO of cussion. I see my colleague, Senator Mr. WELLSTONE. Madam President, QWEST, Minnesotans, starting with LIEBERMAN. I said when he came to the I ask unanimous consent that the order the QWEST employees who worked so floor I would finish. I will. for the quorum call be rescinded. hard to build that company, they are I could have a separate discussion The PRESIDING OFFICER. Without not one bit pleased that while Mr. about agricultural policy and about objection, it is so ordered. Nacchio was cheerleading them to in- small business and about veterans who f vest a big part of their 401(k) in are coming up, facing long waiting QWEST stock, he was dumping his own lines for health care in Minnesota. I STATE FAIR FOCUS GROUP and walked away with around $230 mil- just want to remind everybody: We Mr. WELLSTONE. Madam President, lion. There is a lot of that. have a lot of work to do in a short pe- I say to my colleagues, Senators LIE- People are looking for those of us riod of time. We ought to have amend- BERMAN and THOMPSON and others who here to be watchdogs for them. They ments out here on the floor. We better

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8155 make sure that we do not lose sight of Connecticut is recognized to call up and economic assistance agencies that these basic bread-and-butter economic amendment No. 4471. will remain outside the Department. issues so important to families and so Mr. REID. Madam President, will the We recognize that the threat of ter- important to people’s lives. Senator from Connecticut yield to let rorism on American soil will painfully We have a lot of work to do. I hope me say a word or two? be with us for some time. Therefore, we will do it. Mr. LIEBERMAN. I will. the American people deserve and de- I say to my colleague from Con- Mr. REID. Madam President, I have mand a Government equipped to meet necticut, the reason I came over is that been a part of some conversations. I and beat that threat. This committee- I am ready to offer an amendment. I think the two leaders are going to have endorsed bill is presented in three divi- think we need to do the work. I want to Senator LIEBERMAN and Senator sions. Division A establishes a Depart- wait to see what my colleague has to THOMPSON, the managers, determine ment of Homeland Security, a White say. I congratulate him on his superb what is relevant. I don’t think they are House office, and a national strategy work. going to do that. They will follow your for combating terrorism. Division B in- I yield the floor. lead on that. corporates the provisions of the bipar- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- tisan Kennedy-Brownback reform of ator from Connecticut is recognized. ator from Connecticut is recognized. the Immigration and Naturalization Mr. LIEBERMAN. Madam President, AMENDMENT NO. 4471 Service. I thank my friend and colleague from Mr. LIEBERMAN. Madam President, We are going to hear a lot during the Minnesota. In a moment, I will call up I call up amendment No. 4471 and ask debate, I am confident, about the need an amendment, which is the Senate for its immediate consideration. for further reorganization of the con- Governmental Affairs Committee sub- The PRESIDING OFFICER. The stituent agencies we have brought to- stitute amendment on homeland secu- clerk will report the amendment. gether in this bill. But the committee- rity, the substitute for the House bill The senior assistant bill clerk read as endorsed bill actually does undertake a that was sent over here. I will speak on follows: massive reorganization of the one the substitute amendment. The Senator from Connecticut [Mr. LIE- agency that just about everyone agrees It had been my thought that, in the BERMAN] proposes an amendment numbered is in desperate need of reform, and that normal course, Senator THOMPSON, as 4471. is the INS. Division C incorporates con- ranking member on the committee, The PRESIDING OFFICER. Madam sensus civil service reforms, them- would introduce the first amendment. I President, I ask unanimous consent selves the product of intensive collabo- have some reason to believe he may that further reading of the amendment ration and discussion over a period of not be prepared to do that right away. be dispensed with. time—months and perhaps years—that But we are prepared to go forward. The PRESIDING OFFICER. Without were added as an amendment by the bi- I want to indicate—and perhaps my objection, it is so ordered. partisan team of Senators VOINOVICH friend from Minnesota will want to (The amendment is printed in the and AKAKA. talk to the leader about this—that I RECORD of Tuesday, September 3, 2002, I expect we will hear people saying understand that Senator DASCHLE and under ‘‘Text of Amendments.’’) that our legislation hasn’t given the Senator LOTT are prepared to move to Mr. LIEBERMAN. Madam President, President all the management flexi- table any amendments that they con- this legislation is a result of the bipar- bility he has asked for. Of course, that sider to be non-relevant to homeland tisan work of the committee, and the is literally true because we believe the security. Although, as the Senator occupant of the chair, the Senator administration’s request simply went from Minnesota knows, I share his from Missouri, has been a contributing too far, usurping not only the funda- anger about tax traders—if I may use member of it. It was endorsed by our mental responsibility of Congress to that term—or tax evaders and support committee on July 25 by a 12-to-5 vote. adopt civil service laws, but to under- what he wants to do. I believe very strongly that this de- mine important protections that guard Mr. WELLSTONE. I say to my col- serves passage by the full Senate. the workplace and Federal workers league, in the strict text, I have draft- The substitute I am offering was against favoritism and also that create ed it as a relevant amendment. modified in two respects after the com- some limits on the executive, some Mr. LIEBERMAN. I look forward to mittee held its business meetings in sense of accountability that is placed reasoning with the Senator and the July. First, we added an offset to cer- on those who have sway over those who leadership on that very question. tain direct spending in the bill related, have chosen to serve the public as Fed- I yield the floor. in fact, to civil service reform. Second, eral employees. The PRESIDING OFFICER. The Sen- we have clarified earlier language I urge my fellow Senators on both ator from Nevada is recognized. about the conduct of risk and threat sides of the aisle to look carefully at Mr. REID. Madam President, is the assessment by the new Department. the reforms we have incorporated and bill going to be reported now? Both changes were made after can- the new flexibilities that we do pro- The PRESIDING OFFICER. It is. vassing members of our committee and vide, which are sensible and significant Mr. REID. I thank the Chair. with the approval of the majority of indeed and, I believe, if passed, would the committee. I will describe them in give the Secretary of Homeland Secu- f more detail in a few moments. rity more management flexibility than CONCLUSION OF MORNING This amendment, almost a year in any Secretary operating under current BUSINESS the making, would create a focused and law has ever had. accountable Department of Homeland I know this promises to be a con- The PRESIDING OFFICER. Morning Security to enable our domestic de- troversial discussion, a serious discus- business is closed. fenses to rise to the unprecedented sion, and sometimes a passionate dis- f challenge of defeating terrorism on our cussion. I look forward to airing our home soil. Our defenses are either dis- differences, resolving them, and get- HOMELAND SECURITY ACT OF 2002 organized or organized for another day ting a good bill to conference and then The PRESIDING OFFICER. Under that is past. to the President’s desk, certainly by the previous order, the Senate will now This bill aims to reorganize our the end of this session. resume consideration of H.R. 5005, homeland defenses to meet the unprec- We in the Congress have accom- which the clerk will state. edented threats from terrorism that plished great and seemingly daunting The senior assistant bill clerk read as are sadly part of the 21st century. This tasks in the past; but, honestly, I can follows: amendment would also create a White think of few in my time in the Senate, A bill (H.R. 5005) to establish the Depart- House office to ensure coordination which is now 14 years, that have been ment of Homeland Security, and for other across the many offices involved in the more critical to our common future purposes. fight against terrorism, including in- and cry out to us to work across party The PRESIDING OFFICER. Under telligence, diplomatic and law enforce- lines, to raise America’s guard against the previous order, the Senator from ment agencies, foreign policy agencies, the savage, inhumane, cunning threat

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8156 CONGRESSIONAL RECORD — SENATE September 4, 2002 of international terrorism. In fact, that state of disorganization in the Federal For the first time, we would bolster is what happened on our committee. Government’s apparatus for responding emergency preparedness and response The legislation I offer today was, as I to homeland security threats is dan- efforts to ensure that all layers and have said, endorsed in July. It was en- gerous. The consensus, therefore, for levels of Government are working to- dorsed in a bipartisan vote of the Gov- responding to that disorganization is gether to anticipate and prepare for ernmental Affairs Committee. That by organizing the Federal Government the worst. Today, coordination is the marked the end of one of many stages better to meet those threats, to protect exception, not the rule, and that is no in the bill’s development in our com- our people, to protect our infrastruc- longer acceptable. mittee. All told, we have been at this ture, to see the threats before they For the first time, we would build for almost a year now—more than 11 emerge through good intelligence and strong bonds between Federal, State, months. We have worked with col- law enforcement, to invest in science and local governments to target ter- leagues on both sides of the aisle. We and technology, to make protection of rorism. State and local officials are have worked with experts in the field the American people at home easier clearly on the front lines as first re- in various aspects of counterterrorism and more effective. In the end, I am sponders and, as I like to say, first pre- and homeland security. We have confident that we will pass a bill cre- venters in the fight against terrorism. worked very closely since June 6— ating a Department of Homeland Secu- Today, local communities are al- when President Bush endorsed the idea rity, and the sooner the better. ready expending funds to better protect of a Department of Homeland Secu- The American people understand why their people and their assets post-Sep- rity—with the President and his staff the creation of a strong accountable tember 11. They are waiting for help. at the White House. Homeland Security Department is the They need better training, new tools, We gleaned insight and learned a lot best way forward. They know that the and a coordinated prevention and pro- from 18 hearings of the Governmental formation of such a Department will tection strategy. That absence of co- Affairs Committee that were held after not of itself win our war against ter- ordination and failure of adequate sup- September 11 on this subject and doz- rorism. Obviously, we need to continue port for State and local first respond- ens of hearings held by other commit- to encourage and support our military ers and first preventers is no longer tees of the Congress. that is on the front lines of offense justifiable. I must say that I am proud for our against the al-Qaida forces that struck For the first time, we would bring committee of the product of these la- us on September 11 and clearly remain key border and national entry agencies bors. This legislation puts forth a cre- out there in the shadows scheming, together to ensure that dangerous peo- ative, constructive, and comprehensive arming, readying themselves to strike ple and goods and containers are kept solution to the core homeland security us again. out of our country without restricting challenges we now face. The disadvantage we now have in de- the flow of legal immigration and com- Our legislation differs in some re- fending ourselves because of our dis- merce that nourishes the Nation. spects, including some important ones organization can no longer be afforded. Today, threats to America may be slipping through the cracks because of from the House-passed bill and also Today, as former Assistant Secretary our disorganization, and that is inde- from the President’s proposal. We are of Defense Ashton Carter told our com- fensible. For the first time, we would going to hear people dwell on those dif- mittee on June 26: promote dramatic new research and ferences for much of the debate. That ‘‘Homeland security remains institu- technology development opportunities is understandable. In some ways, it tionally homeless.’’ It is well stated, ‘‘Homeland security in homeland defense. This war has no would be surprising if legislation as remains institutionally homeless.’’ Ev- traditional battlefield, as I have said. significant and this large were passed eryone is in charge, therefore, no one is One of the nontraditional battlefields without dissent. In some ways, it would in charge. Our legislation would give where we must emerge is the labora- be not only surprising but unhealthy. this vital mission a home under a sin- tory with science and technology. This The spirit of debate and controversy is gle roof and a firm foundation with bill would leverage Government and here, and I hope out of it we will someone, the Secretary, clearly in academic research capabilities and emerge with a very strong bill. In the charge with the responsible authority focus private sector innovation on the case of each significant difference, I be- and accountability and hopefully the challenge. Today these efforts are lieve in the path we have taken, and I resources to get results. blurred and dispersed, and that is un- look forward to explaining why. For the first time, we would require wise. Let me say again we cannot allow in statute close and ongoing White For the first time under this pro- the differences to overshadow the vast House coordination of the many other posal, we would facilitate close and common ground on which we stand. pieces of the fight against this 21st cen- comprehensive coordination between Mahatma Gandhi said: ‘‘Honest dis- tury threat—terrorism—and those the public and private sectors to pro- agreement is often a good sign of pieces could not be included in the tect critical infrastructure. Fully 85 progress.’’ He had a point. With a bill Homeland Security Department. They percent of our critical infrastructure is this big, as I said, I would be uneasy if include defense, diplomacy, finance, owned and operated by the private sec- the Senate began the process in total law enforcement, and others. tor, but our Government is not now unison. For the first time, we, through this working systematically with those Let’s realize the underlying reality legislation, would require a com- companies to identify and close and not lose sight of it. Just about ev- prehensive assessment of threats and vulnerabilities in, for example, commu- eryone in this Chamber, on both sides vulnerability so that we understand nications networks, electric grids or of the aisle, understands the urgent ne- the worst threats and the best ways to food distribution systems. That is un- cessity of reordering and reorganizing respond. We need a blueprint today. We bearable. our capabilities to detect danger, pro- do not have it. For the first time, we Finally, our legislation would adopt tect Americans from attack, and re- would create a new intelligence divi- consensus civil service reforms to give spond in the event of an incident. That sion focused on the threats to our Government new tools to manage it. consensus should guide us and should homeland, equipped to truly connect These bipartisan reforms, introduced ultimately dominate here. In fact, it is the intelligence and law enforcement by Senators VOINOVICH and AKAKA, hard to find a Member of the Senate or dots from Federal, State, and local would provide significant new manage- the other body who will say they are agencies, from human and signal intel- ment flexibility in hiring employees against the creation of a Department ligence, from closed and open sources, and shaping the workforce, while as- of Homeland Security. People have dif- from law enforcement and foreign suring that the basic public account- ferent ideas about how one or another sources, including particularly the ability of the civil service system is piece of it might look, but there is no Counterterrorism Center at the CIA. not summarily dissolved. one I have heard who is really against These dots were not connected before Under our bill, new flexibilities will the creation of this Department. September 11. We lived to experience increase accountability, strengthen the In the end, that is because I think the disastrous consequences of that chain of command, and give the Sec- people understand that the current failure. retary and agencies throughout our

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8157 Government the ability to put the vania, Senator ARLEN SPECTER, mak- retary in charge of the Cabinet-level right people in the right place at the ing it obviously bipartisan, last Octo- Department could accomplish that right time to defend the security of the ber, hewed closely to the model pro- task. American people. posed by the Hart-Rudman Commission In the debate that has already begun As the writer H.G. Wells once said, and also drew on recommendations and clearly will go on in consideration ‘‘Adapt or perish—now as ever—is na- made by the Gilmore Commission and of this bill, the President and the ad- ture’s inexorable imperative.’’ others. We called for a new Department That is our choice today. Adapt and ministration and their allies in this made up of the Coast Guard, Customs, Chamber are saying we have not given get stronger, or grow weaker; adapt, or Border Patrol, and FEMA, as well as the Executive enough management give the American people reason to live some smaller offices on critical infra- flexibility. The fact is that flexibility in fear; adapt, or live at the mercy of structure protection and emergency must come with power. It was our bill our cruel and cunning terrorist en- preparedness. emies rather than being in control of The compelling need for such a De- almost a year ago, in contrast to the our own destiny, as a great people partment was reinforced in those 18 President’s position, that wanted to should be. hearings before the Governmental Af- give the Executive the authority to be So that we have an understanding of fairs Committee during which 85 dif- able to carry out the necessary changes why this legislation takes the form it ferent witnesses testified on various as- in the Federal bureaucracy. does, let me tell you briefly how it has pects of homeland security. We learned So to portray somehow that this bill evolved. It has been a very careful and a great deal also from dozens of other is protective of the Federal bureauc- collaborative process, nearly a year in hearings by other committees on both racy is not right. In fact, the Presi- the making. Last October, Senator sides of the Hill. So for those who may dent’s original position that this task SPECTER and I introduced legislation to could be carried out by an Office of create a Department of Homeland Se- worry or suggest that we are moving Homeland Security did not give that curity. That was S. 1534. That legisla- more rapidly than we should, this is office the power. It had no manage- tion drew heavily on the recommenda- the record: Painstaking, deliberative, tion of the Hart-Rudman Commission extensive consultation, investigation, ment flexibility because the con- on National Security in the 21st Cen- education by experts, and an openness stituent agencies exercised the author- tury, which was chartered by the Sec- to ideas wherever they came from be- ity they had under law which was supe- retary of Defense and supported by cause of the critical necessity to do rior to the director of the office. There- both the President and Congress, with something to protect our security. fore, in that sense, as well as all the the mission of providing the most com- As chairman of the committee, I specific senses in which we give man- prehensive Government-sponsored re- have been guided by a maxim that was agement flexibility to the Executive, view of our national security in more used about foreign and defense policy, we are proposing a Department with a than 50 years. which is that partisanship stops at our strong Secretary. That is the way to The Commission released three re- Nation’s coasts. In the same way, since get the job done: blend the employees ports in 1999, 2000, 2001, respectively. Its this new enemy, the terrorists, has together, encourage them to work to- third report, phase 3, entitled ‘‘Road- brought warfare within the United gether, and set standards for them map for National Security: Imperative States of America, I say when we are achieving homeland security. That can for Change,’’ warned that we would discussing matters of homeland secu- only be done by a strong Secretary. rity, partisanship also must stop. That soon face asymmetrical and terrorist At the same time, however, it be- is the spirit in which our committee threats and would need a focused Cabi- came apparent that no single Depart- has gone forward. net-level homeland security agency ment could address all of the Federal with adequate budget authority and di- We discovered, whether the subject was anthrax in the mail or port secu- programs or coordinate all the pro- rect accountability to the President to grams of all the Federal agencies en- detect and counter those threats. rity or critical infrastructure protec- The Commission’s conclusion, headed tion, that the Federal Government is gaged in homeland security or in the by our former colleagues Gary Hart now lacking an approach to our prob- war on terrorism. Therefore, last May, and Warren Rudman, was issued on lems that is either strong enough or Senator SPECTER and I combined our January 31, 2001, more than a half year coordinated enough to meet what we proposal with legislation introduced by before the day of darkness, September now know, post-September 11, is the re- our colleague from Florida, Senator 11, 2001. Their conclusion included this ality of the challenge to us. In other BOB GRAHAM, chairman of the Intel- statement: ‘‘The United States is today words, we are dividing our strengths at ligence Committee, calling for the cre- very poorly organized to design and im- a time when we should be multiplying ation of a National Office for Com- plement any comprehensive strategy to them. bating Terrorism within the White protect the homeland.’’ Again and again, the same message House to coordinate Federal Senators Hart and Rudman, and the emerged from the witnesses who came antiterrorism efforts government-wide. other distinguished members of the before us, in big bold letters one might In contrast to the position created Commission, made their case effec- say: We still are not adequately pre- for Governor Ridge by Executive Order, tively and, I might say, eloquently. pared for terrorism at home, and a this office would be a Senate con- But the attacks of September 11 trag- strong Cabinet-level Department, en- firmed-position, with full account- ically drove the message home as no compassing the key programs related ability and authority as well as statu- words could or, unfortunately, did. We to homeland security, is the necessary tory power to review Federal budgets were suddenly and clearly aware that first step to addressing those defi- related to terrorism. ciencies and closing those we were more susceptible than we ever The combined legislation that we vulnerabilities. expected to the brutality of terrorism have before the Senate in the form of directed against innocent Americans The need for such a Department was further underscored by our experience this substitute amendment which I for one reason only: Because they were have introduced this afternoon, re- Americans. with the Office of Homeland Security sulted from, as I said, Senator SPECTER No matter their origin, in terms of that was established last October by and I joining with Senator GRAHAM. ethnicity, religion, race, gender, age, Executive Order of the President. The Obviously, there is more added by the place in life, new American or born President appointed Gov. Tom Ridge to committee. That legislation originally American, but just because they were fill that position. Governor Ridge is an was introduced on May 2, and consid- Americans in America, they were tar- able, hard-working public servant. He ered by the Senate Governmental Af- gets. We realized we were susceptible has had the President’s confidence and fairs Committee on May 22 of this year, to that kind of violent extremism and his ear from the very start. But we saw and reported out on a 9-to-7 vote—a we did not have the organizational ca- then, and the President would later ac- vote exactly split along party lines. pabilities to leverage our strengths and knowledge, that the office simply protect ourselves to the best of our lacked the budgetary and organiza- On June 6, we got a surprise, a wel- ability. tional authority to reshape the Federal come surprise. We gained another sup- So the bill I was privileged to intro- bureaucracy to define priorities and to porter, a most important supporter. duce with my colleague from Pennsyl- get results. Only a Cabinet-level Sec- That was, of course, President George

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8158 CONGRESSIONAL RECORD — SENATE September 4, 2002 Bush. This, I believe, was a recognition rity efforts, many of its constituent ecutive Director of the Hart-Rudman by the President—he said so in his own agencies perform vital, non-homeland Commission: words—that the Office of Homeland Se- security duties, as well. They cannot ‘‘There is no perfect organizational curity, as it was created by Executive and will not stop doing that work. design, no flawless managerial mix. Order, was just too weak to get the job Our bill, in clear and unequivocal The reason is that organizations are done. That is what we had been arguing language, requires the Department to made up of people, and people invari- for months. That announcement was uphold these other missions and func- ably devise informal means of dealing followed by a legislative proposal from tions. with one another in accord with the ac- the administration. We were pleased to The extent to which the constituent cidents of personality and tempera- see the administration’s bill encompass agencies and programs that are ment.’’ Even excellent organizational almost all the S. 2452 provisions re- brought into this Department can both structure cannot make impetuous or garding a Department of Homeland Se- protect homeland security and con- mistaken leaders patient or wise, but curity. tinue to carry out the other respon- poor organizational design can make It went further, however, and also sibilities will depend on the extent to good leaders less effective. proposed that additional programs and which we in Congress, through the ap- That, in one sense, is what this is all agencies be transferred to the new De- propriations process, are prepared to about. Poor organizational design partment—and there were some good support this new Department. makes good leaders less effective with ideas there—to ensure the new admin- The Secretary will be responsible for unnecessary gaps, overlaps, and bu- istration proposals were properly con- running the Department and for devel- reaucratic barriers—by spreading au- sidered and necessary adjustments oping policies and plans for the pro- thority and resources too thin, by di- made to our legislation. motion of homeland security. The leg- minishing accountability, by toler- As chairman of the Governmental Af- islation also charges the Secretary ating overlap and inefficiency—while fairs Committee, I held four additional with including State and local govern- good organizational design will em- hearings on aspects of the President’s ments, tribes, and other entities who, power good leaders, hold people ac- proposal. Incorporating the insight again, are first responders and first countable, and enable their talent and from those hearings, as well as input preventers of the fight against ter- hard work to make a difference. from extensive discussion with col- rorism in every State and city and In other words, 10 gallons of gas leagues, including committee chairmen county and town in our country. The poured into a well-designed, efficient and ranking members, we prepared an Secretary must consult them, with the engine can get you long distances at expanded version of S. 2452. The ex- Secretary of Defense and also State of- high speeds, but 10 gallons poured into panded version went a considerable ficers, regarding possible integration of an old, less efficient engine won’t get way toward incorporating the pro- the U.S. military, including the Na- you very far in a very efficient way. posals the President and the adminis- tional Guard, into all aspects of the That leads me to a second caution tration made that had not been made homeland security strategy and its im- about the legislation, which is the part of our original bill. It was further plementation. The Guard is a mighty blueprint that we need to build a amended during two very thoughtful, force, with an historic mission which Homeland Security Department that constructive days of committee delib- was originally, of course, to protect America needs. In a number of areas eration and was ultimately endorsed by homeland security. It has tremendous likely to be the most controversial, I our Senate Governmental Affairs Com- potential in this new 21st century, in strongly believe we have chosen the mittee by a bipartisan vote of 12 to 5. responding to this 21st century threat right path. But it would be arrogant of That is what I offered as a substitute to our security without making it by me or anyone to suggest that this leg- amendment to H.R. 5005. The amend- any stretch, kind of a Federal con- islation is perfect. It is not. That is ment I now offer is the product of this stabulary. But the Guard has extraor- why we have specifically built into it lengthy and healthy process of con- dinary skill and equipment sophistica- room for adjustment and refinement as sultation and deliberation. I thank my tion and can play a very constructive the administration actually begins colleagues in the Senate for indulging role here. moving the pieces together. And we me in this brief history expedition, and We also have charged the Secretary have given them a year from the effec- I want to say why I take the time to with the responsibility of developing a tive date to, in fact, do that. discuss the time it took; and that is to comprehensive information technology We require the administration to re- demonstrate that we have gone a great blueprint for the Department. The Sen- port back to Congress 6 months after distance to hone this bill, to be open to ator from Illinois, Mr. DURBIN, talked the effective date or earlier during the input from anyone, to reach consensus, quite eloquently and effectively about reorganization process, and every 6 to modify, and amplify different sec- one aspect of that yesterday. In addi- months thereafter, and require rec- tions. tion, the Secretary is responsible for ommendations for changes to law at The Department we have designed administering the homeland security these junctures and throughout the would for the first time combine, under advisory system, and for annually re- process. a single chain of command and under viewing and updating the Federal Re- So even the passage of this bill will the leadership of a single Secretary sponse Plan for homeland security and be not the end of the process, but its who is accountable to the President emergency preparedness. start; as Churchill once said in a very and the people, dozens of agencies and This is a big job. The size should different context, ‘‘not the beginning of offices responsible for homeland secu- make it clear how much we need the the end, but the end of the beginning.’’ rity. new Department. No one in Govern- But the fact that we cannot guar- The Department’s overarching mis- ment is performing these duties ade- antee perfection is no argument sion, as stated in Section 101 of this quately today. If they are doing the du- against this legislation. Obviously, amendment, is twofold: To promote ties, they are not doing them system- even our country’s Constitution, which homeland security, particularly with atically, certainly not synergistically. Senator BYRD and Senator THOMPSON regard to terrorism; and to carry out There are a lot of gears turning. Some and others quite eloquently and cor- the other functions and promote the are touching each other, some are not. rectly honored and celebrated in yes- other missions of entities transferred Some are spinning in isolation. We terday’s debate, the very foundation of to the Department as provided by law. want the gears to turn together, gener- our democracy, a democracy created That is a very important statement. ating torque, producing energy, and with as much foresight and wisdom as As much attention as the first part of getting results. That means more secu- any other in the history of govern- the mission, homeland security, will rity for the American people at home. ment, was not perfect. It has been get in this debate, the second half can- No one can claim that the creation of amended 27 times. At the time, the not be forgotten because even though a new Department is a guarantee or Founders understood it had to be built this Department’s very reason for panacea for all our problems. I agree to change over time. Indeed, during the being created is to intelligently orga- with Charles Boyd, distinguished ratification debate, Alexander Ham- nize our Government’s homeland secu- American, great public servant and Ex- ilton urged those who criticized the

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8159 Constitution not to fail to approve it in to addressing this deficiency. At the same tating airport passenger and baggage inspec- what he called ‘‘the chimerical pursuit time, however, it became apparent that no tion, and implementing other measures to of a perfect plan.’’ In a more homely single department could address all of the heighten the safety of air travel. translation that we constantly—at Federal programs engaged in the war on ter- The inclusion of TSA in the Department rorism. Therefore, I combined forces with least regularly—use here: Don’t let the will permit better coordination of transpor- Sen. Graham, who had proposed legislation tation security operations with other agen- perfect be the enemy of the good. to create a White House terrorism office to Similarly, we must not fail to create cies that are responsible for security at the coordinate federal efforts to combat ter- borders. These agencies, which include the this Department in pursuit of a perfect rorism government-wide. In contrast to the Customs Service, Coast Guard, Border Pa- Department. History has dropped at position created by executive order for Gov. trol, INS, and border inspection agents from our feet an urgent and necessary chal- Ridge, this office would be a Senate-con- the Animal Plant and Health Inspection lenge, to reshape our Government, to firmed position with full accountability and Service, are responsible for conducting in- protect the lives and affirm the values authority, as well as statutory power to re- spections of travelers and goods entering the view federal budgets relating to terrorism. of our people, for surely our terrorist United States and for securing the inter- The combined legislation, the ‘‘National national boundaries the United States shares enemies are as intent on striking and Homeland Security and Combating Ter- with Mexico and Canada. TSA’s mission to destroying our humanistic, tolerant, rorism Act of 2002,’’ was introduced on May secure our transportation infrastructure is inclusive, free values as they are of de- 2, 2002. It was considered by the Govern- closely tied to maintaining the security of mental Affairs Committee on May 22, 2002 stroying our people. We can either the ports of entry where these border agen- and reported out on a 7–3 vote. A full account meet the moment by staying focused cies are stationed. For example, cargo con- of the background and history of that legis- on that goal or we can let it pass by tainers that pass through our ports are con- lation is included in its accompanying re- bickering over petty and sometimes veyed to other parts of the country through port, No. 107–175. partisan or ideological particulars. Before the full Senate had a chance to con- our transportation system, either on rail or Let the debate go forward, but let us, sider that bill, however, the President an- the highways, and could cause significant as we go forward in debating and nounced his support for a Department of harm and disruption to our transportation amending this substitute amendment Homeland Security. That announcement was infrastructure if they contained explosives that I have laid down, remember the followed, on June 18, with a legislative pro- or were used in a terrorist attack. It is es- posal from the administration. The adminis- sential for these agencies to coordinate their urgent challenge the terrorists have efforts so that security measures are linked given us and the broad ground we all tration’s bill encompassed almost all of S. 2452’s organizational elements regarding a and more seamlessly implemented. This seem to occupy about most of how we Department of Homeland Security. It went process will be easier with TSA and the key should respond to that challenge, by further, however, and proposed that addi- border agencies in the same chain of com- creating this Department. tional programs and agencies be transferred mand. Let’s have some debates and dis- to the new department. To ensure that these Our transportation system must also be agreements. But when it is all over, new administration proposals were properly able to move people and goods quickly and let’s remember, not only in this bill considered, the Governmental Affairs Com- efficiently from the borders throughout the but more generally in our values, there mittee held four additional hearings. Then, country. To ensure the security of this sys- is so much more that unites us, and working with other committee chairmen and tem, TSA needs access to key information that ultimately is our greatest ranking members, I prepared an amendment regarding vulnerabilities and threats. The to S. 2452 that was considered at a July 24– Department’s Directorate of Intelligence, strength against our enemies, past, 25 business meeting of the Governmental Af- which I will describe shortly, will have the present, and future. We must be certain fairs Committee. That expanded version of S. intelligence architecture to help provide this to preserve that when this debate is 2452 went a considerable way to incorporate critical information to TSA and other agen- done and a new Department of Home- Administration proposals that had not been cies within the Department. By being closely land Security is created. part of the original bill. It was further tied to that intelligence directorate, and to Mr. President, I ask unanimous con- amended during two days of Committee de- the other border agencies in the Department sent to have printed in the RECORD an liberation, and ultimately endorsed by a bi- that will be collecting vital information, addendum statement, a section-by-sec- partisan Committee vote of 12 to 5. TSA will be in a better position to prevent What follows is a description of some of future attacks using the transportation sys- tion analysis, and a letter dated Au- the key changes to the legislation since the tem. gust 28, 2002. May 22, 2002 markup of S. 2452. It should be There being no objection, the mate- Finally, as a new agency TSA may be able considered in concert with Report 107–175, to take advantage of some economies of rial was ordered to be printed in the which describes the core of the legislation— scale offered by the new Department. Spe- RECORD, as follows: most of which is unchanged. A complete sec- cifically, it may not need to create certain Mr. President, I want to share with the tion-by-section analysis is also included. capabilities—administrative or otherwise— Senate my views on the meaning and intent As reported out of the Governmental Af- that will already exist in other components of the provisions we added to this legislation fairs Committee (GAC) on May 22nd, S. 2452 of the Department. since the Governmental Affairs Committee created a Department of Homeland Security first considered the bill in May and filed the with three directorates: Border and Trans- In S. 2452, the Customs Service was trans- accompanying report to S. 2452. This legisla- portation Protection, Critical Infrastructure ferred intact to the Department. This re- tion has been almost a year in the making, Protection, and Emergency Preparedness mains the case in the GAC-endorsed legisla- and reflects the thoughtful contributions of and Response. The GAC-endorsed legislation tion, which also provides that Customs will an array of distinguished legislators and pol- now includes additional programs and agen- be preserved as a distinct entity. icy experts. cies that will be organized into six direc- At the request of the Senate Finance Com- Last October, I introduced legislation with torates: the original three, plus directorates mittee Chairman and Ranking Member, the Senator Specter to create a Department of for Intelligence, Immigration and Science legislation incorporates an amendment, Homeland Security (S. 1534). That legislation and Technology, an expanded version of a adopted by the Committee and agreed to by drew heavily on the recommendations of the Science and Technology Office in the origi- both the White House and the Finance Com- United States Commission on National Secu- nal bill. The key changes are summarized mittee Chairman and Ranking Member, rity/21st Century, also known as the Hart- below: which will preserve the ability of the Treas- Rudman Commission. It called for a new de- The GAC-endorsed legislation adds the ury Secretary—with the concurrence of the partment made up of the Coast Guard, Cus- Transportation Security Administration Secretary—to issue regulations on customs toms, Border Patrol, and FEMA, as well as (TSA) to the agencies incorporated into the revenue functions that involve economic some smaller offices that specialize in crit- Directorate for Border and Transportation judgments within the expertise of the Treas- ical infrastructure protection and emergency Protection. TSA was created through the ury Department, and which can have a major preparedness. The compelling need for such a Aviation and Transportation Security Act, impact on our economy and relationships department was quickly underscored in a se- Pub. L. 107–71, which was signed into law on with foreign countries. These customs rev- ries of hearings before the Governmental Af- November 19, 2001. The agency’s mission is to enue functions include: assessing, collecting, fairs Committee examining aspects of home- protect the country’s transportation sys- and refunding duties, taxes, and fees on im- land security. Whether the subject was an- tems, including rail, highways, and mari- ported goods; administering import quotas thrax in the mail, port security, or critical time, although currently its main focus is to and labeling requirements; collecting import infrastructure protection, the Federal gov- improve aviation safety. TSA’s responsibil- data needed to compile international trade ernment generally did not have a strong, co- ities include meeting a series of deadlines to statistics; and administering reciprocal ordinated approach to address the range of upgrade aviation security, including the hir- trade agreements and trade preference legis- threats. A strong, Cabinet-level department ing of more than 30,000 airport security per- lation. The Customs Service, reporting to encompassing key programs related to sonnel, deploying explosive detection sys- the Secretary, is responsible for admin- homeland security would be a vital first step tems and other security equipment, facili- istering and enforcing these laws, and indeed

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8160 CONGRESSIONAL RECORD — SENATE September 4, 2002 for all the Custom Service’s traditional bor- None of the conditions in the approved lan- quest additional information—either infor- der and revenue operations; the Commis- guage shall apply when the Coast Guard op- mation that an agency already has in its sioner of Customs is also authorized to de- erates as a service in the Navy under section possession, or new information that could re- velop and support the issuance of regulations 3 of title 14, United States Code. quire further investigation. The Secretary by the Treasury Secretary regarding cus- The legislation creates a separate direc- will work with the Director of Central Intel- toms revenue functions. After further re- torate for intelligence (DI) to serve as a na- ligence and the Attorney General to ensure view, Congress may consider legislation to tional level focal point for information avail- that all material received by the Depart- determine the appropriate allocation of able to the government relating to the plans, ment is protected against unauthorized dis- these regulatory authorities between the intentions, and capabilities of terrorists and closure and that sources and methods are Secretary of Homeland Security and the terrorist organizations. To emphasize its im- protected. Treasury Secretary. portance to all aspects of Homeland Secu- The provision also reflects an amendment The legislation transfers the Federal Law rity, the DI is an independent directorate by Senator AKAKA that makes the Depart- Enforcement Training Center (FLETC) from within the Department, and is headed by an ment a full participant in the process, man- the Department of the Treasury to the Di- Under Secretary who reports to the Sec- aged by the Director of Central Intelligence, rectorate for Border and Transportation Pro- retary. whereby the intelligence community estab- tection. FLETC provides basic and advanced This directorate is a new addition to the lishes overall requirements and priorities for agency-specific training for law enforcement legislation since the May 22 markup. It the collection of national intelligence. Simi- officers and analysts at over 70 Federal agen- stems from the Administration’s proposal to larly, the Akaka amendment also makes the cies. This training allows for greater stand- create an intelligence analysis unit within Directorate responsible for consulting with ardization of law enforcement training that the Department. However, the President’s the Attorney General and other officials to is also more cost-effective and is taught by concept has been altered and strengthened in establish overall collection priorities and professional instructors using modern facili- response to testimony before the Committee strategies for information, including law en- ties. Many of its key customer agencies are and input from key senators. Specifically, forcement information, relating to domestic being transferred to the new Department, in- this proposal reflects important input from threats. cluding the Secret Service, INS, Border Pa- Senators Levin and Akaka, both in negotia- The intelligence proposal reflected in the trol, Customs Service, Coast Guard, and Fed- tions and amendments offered at the busi- GAC-endorsed legislation was developed eral Protective Service. Given these rela- ness meeting. In addition, Intelligence after examining the Administration’s pro- tionships, the Department will benefit from Chairman Senator GRAHAM, Intelligence posal and hearing from expert witnesses on the inclusion of FLETC. Vice Chairman Senator SHELBY, former In- the critical need for a national level focal FLETC also provides training to State and telligence Chairman Senator SPECTER and point for the analysis of all information local entities and to foreign law enforcement Senator DURBIN contributed key ideas. available to the United States to combat ter- personnel, programs generally not otherwise As an independent directorate—without rorism. On June 26 and 27, the Committee available to these agencies. The programs the operational responsibilities of other di- held hearings on how to shape the intel- also enhance networking and cooperation rectorates—the DI will focus on providing in- ligence functions of the proposed Depart- throughout the law enforcement community, telligence analysis to all of the other direc- ment—to determine how, in light of the fail- domestically as well as world-wide. There- torates in the Department, to State and ure of our government to bring all of the in- fore, these programs will support and com- local government, and to law enforcement, formation available to various agencies to- plement the Department’s efforts to work for the purpose of preventing terrorist at- gether prior to September 11 the government more closely with State and local agencies tacks, enhancing border security, protecting should receive information from the field, as well as foreign governments to detect and critical infrastructure, enhancing emergency both foreign and domestic, and convert it, prevent acts of terrorism. preparedness and response, and better in- through analysis, into actionable informa- The legislation transfers the Coast Guard forming our research and development action that better protects our security. The Committee heard testimony from to the new Department, and specifies that it tivities. be maintained as a distinct entity. At the It is important to note that the new De- former directors of the Defense Intelligence July 24–25 business meeting, the Committee partment, through its component organiza- Agency and National Security Agency, from adopted language intended to maintain the tions, will be one of the largest generators in FBI Director Mueller and Director of Central Intelligence Tenet, and from William Web- structural and operational integrity of the the government of information relevant to ster—who headed both the FBI and CIA. It Coast Guard and the authority of the Com- terrorism. The data it obtains about persons also heard from the Chairman and Vice- mandant, ensure continuation of the non- and goods entering the country must be bet- Chairman of the Intelligence Committee, homeland security missions of the Coast ter organized and coordinated with threat Senators Bob Graham and Richard Shelby, Guard and the Service’s capabilities to carry data from other agencies if the new Depart- whose investigation into the failures of Sep- out these missions as it is transferred to the ment is going to be able to do its job. The DI, tember 11 is expected to yield recommenda- new Department, and ensure that the Com- therefore, will be responsible for receiving tions for broader reforms that address long- mandant reports to the Secretary. and analyzing law enforcement information The language, offered as an amendment by standing and systemic problems within the from agencies of the United States govern- Senators Stevens and Collins, states that the intelligence community. ment, State and local government agencies Secretary may not make any significant Senator Graham’s written testimony stat- (including law enforcement agencies), and change to any of the non-homeland security ed that the Intelligence Committee’s hear- the private sector, and fusing such informa- missions and capabilities of the Coast Guard ings thus far have uncovered several factors tion and analysis with analytical products, without the prior approval of the Congress in that contributed to the failures of September assessments, and warnings concerning for- a subsequent statute. The President may 11—one of which is ‘‘the absence of a single eign intelligence from the CIA’s Counterter- waive this restriction for no more than 90 set of eyes to analyze all the bits and pieces rorist Center in order to detect and identify days upon his declaration and certification of relevant intelligence information, includ- threats of terrorism and other threats to to the Congress that a clear, compelling, and ing open source material.’’ Senator SHELBY’S immediate state of national emergency ex- homeland security. The Counterterrorist written testimony stated that ‘‘most Ameri- ists that justifies such a waiver. Center shall have primary responsibility for cans would probably be surprised to know The language further directs that the the analysis of foreign intelligence relating that even nine months after the terrorist at- Coast Guard’s organizational structure, to international terrorism. However, the DI tacks, there is today no federal official, not units, personnel, and non-homeland security may also conduct its own supplemental anal- a single one, to whom the President can turn missions shall be maintained intact and ysis of foreign intelligence relating to to ask the simple question, what do we know without reduction after the transfer unless threats of terrorism against the United about current terrorist threats against our Congress specifies otherwise in subsequent States and other threats to homeland secu- homeland? No one person or entity has Acts. The language also states that Coast rity. meaningful access to all such information Guard personnel, ships, aircraft, helicopters, The DI’s mission is critical to all the De- the government possesses. No one really and vehicles may not be transferred to the partment’s activities, as well as to the home- knows what we know, and no one is even in operational control of, or diverted to the land security mission of the intelligence a position to go to find out.’’ General Pat- principal and continuing use of, any other community, law enforcement community, rick Hughes, former director of the Defense organization, unit, or entity of the Depart- and State and local governments. For this Intelligence Agency, echoed these points. His ment. reason, unless the President directs other- testimony stated that, ‘‘in our intelligence Upon the transfer of the Coast Guard to wise, the Secretary is provided with broad, community, we currently have an inad- the Department, the Commandant shall re- routine access to reports, assessments, ana- equate capability to process, analyze, pre- port directly to the Secretary and not lytical information, and other information— pare in contextual and technical forms that through any other official of the Depart- including unevaluated intelligence—from the make sense and deliver cogent intelligence ment. intelligence community and other United to users as soon as possible so that the time The Inspector General of the Department States government agencies. The Secretary dependent operational demands for intel- shall annually assess the Coast Guard’s per- will also receive information from State and ligence are met.’’ formance of all its missions with a particular local government agencies, and the private The Administration’s approach falls short emphasis on examining the non-homeland sector. As the President may further proof what we need. A key concern is the mis- security missions. vide, the Secretary is also authorized to re- sion and position of the intelligence unit

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8161 within the new Department. By making in- Committee—precisely to make it clear that Section, which the Administration requested telligence its own directorate, our legisla- information about sources and methods, remain in the FBI to ensure that it con- tion recognizes that the work it does will be which is generally included in ‘‘raw intel- tinues to have a capability to pursue com- instrumental to every other directorate in ligence’’, will be protected. In contrast, the puter crimes). To these we have added sev- the organization and to state and local au- Administration’s proposal would curtail the eral important entities from the President’s thorities—not just to federal infrastructure Secretary’s access to unanalyzed informa- proposal: (1) the National Communications protection efforts. The Administration’s pro- tion. The Secretary would have routine ac- System of the Department of Defense (estab- posal imbeds the intelligence division within cess to reports, assessments, and analytical lished by Executive Order in 1984 to assist a directorate responsible for critical infra- information. But, except for information the President and others in: (a) the exercise structure protection. The Administration’s concerning vulnerabilities to critical infra- of telecommunications functions and (b) co- proposal is to create an ‘‘information anal- structure, the Secretary would receive ac- ordinating the planning for and provision of ysis and critical infrastructure protection di- cess to unanalyzed information only as the national security and emergency prepared- vision’’—whose most important role, as CIA President may further provide. ness communications); (2) the Computer Se- Director Tenet testified before the Com- At the Committee’s hearing on June 27, curity Division of the National Institute of mittee on June 27, would be ‘‘to translate as- Senator Shelby, the Vice Chairman of the In- Standards and Technology (NIST) of the De- sessments about evolving terrorist targeting telligence Committee, objected to the limi- partment of Commerce (which is tasked with strategies, training, and doctrine overseas tations on information access in the Presi- improving information systems security); (3) into a system of protection for the infra- dent’s proposal. He stated that ‘‘unlike infor- The National Infrastructure Simulation and structure of the United States.’’ But that is mation relating to infrastructure or other Analysis Center of the Department of Energy not enough. Intelligence will be crucial not vulnerabilities to terrorist attack—all of (established to serve as a source of national only to infrastructure protection, but to ev- which the Secretary would be given access to competence to address critical infrastruc- erything this Department will do. It is not ‘whether or not such information has been ture protection and continuity through sup- hard to imagine many threats to American analyzed’—information on terrorist threats port for activities related to counterter- lives that do not involve infrastructure at themselves would be available to the Depart- rorism, threat assessment, and risk mitiga- all: a plot to detonate a bomb in a shopping ment only in the form of what is known as tion); (4) The Federal Computer Incident Re- mall, for instance, or to unleash a biological ‘finished’ intelligence.’’ He testified that, sponse Center of the General Service Admin- agent on a city from above. under Sec. 203 of the President’s proposal, istration (a partnership of computer incident To be most effective, the entity responsible the Secretary may obtain the underlying in- response, security, and law enforcement per- for producing all-sources intelligence anal- formation only ‘by request’ or when the sonnel to share information and handle com- ysis should not be charged with imple- President specifically provides for its trans- puter security incidents); and (5) The Energy menting operational responsibilities. The mission to the new Department. Senator Security and Assurance Program of the De- danger in the Administration’s approach is Shelby called these limitations in the Presi- partment of Energy, a national security pro- that the intelligence analysis function will dent’s bill ‘‘unacceptable’’. Clearly, the Ad- gram to help reduce America’s energy supply be consumed by the operational needs of ministration’s proposal would reinforce ten- vulnerability from severe disruptions due to critical infrastructure protection, and not dencies not to share information among natural or malevolent causes. focus enough on other aspects of the home- agencies that have historically been reluc- Finally, the GAC endorsed legislation land security fight. tant to share. Our purpose is to remove ob- There is also a practical reason why these transfers the Federal Protective Service of stacles to information sharing—obstacles the General Services Administration (GSA) two functions should be under different that clearly contributed to the tragedy of Under Secretaries. Both are very complex to the CIP. The President proposed that FPS September 11—not to reinforce them. be transferred to the Border and Transpor- functions that have never before been per- The GAC-endorsed amendment establishes tation Protection Directorate. The Federal formed in our government. These are very a proactive DI. In addition to helping set in- Protective Service oversees security at Fed- demanding jobs and the GAC endorsed telligence priorities and receiving analysis eral property managed by GSA. Its expertise amendment places them under different from all other agencies in government, it and mission is to provide physical security Under Secretaries so that, like border and would have routine access to the for some of our nation’s key resources, mak- transportation security, science and tech- unevaluated intelligence, the information ing it more appropriate that it be combined nology, immigration, and emergency pre- behind the reports that DHS will receive, un- with the other entities responsible for phys- paredness and response, they will receive the less the President directs otherwise. The ical security and cyber security in this Di- focused leadership and attention necessary Secretary will also be able to request and re- rectorate. to succeed. Just protecting our cyber as- ceive additional information (as the Presi- sets—which is only one aspect of critical in- dent further provides) that might require The GAC endorsed legislation establishes frastructure—is a daunting challenge that agencies to conduct separate investigations specialized research and analysis units in the grows more each year. or redeploy resources. We anticipate that the CIP to process intelligence and identify The Under Secretary for Intelligence, who cases would be rare where an agency is un- vulnerabilities in key areas, including: (a) will have to establish and operate a robust willing or unable to comply with the Sec- Public health, (b) food and water storage, Directorate of Intelligence to systematically retary’s request; however, the President will production, and distribution; (c) commerce analyze the threats to our country will be ultimately determine how conflicts, if any, systems, including banking and finance; (d) fully consumed with that function. The will be resolved. energy systems, including electric power and Under Secretary for Critical Infrastructure During the July 24–25 business meeting, oil and gas production and storage; (e) trans- Protection, whose role will be to map the Senator Thompson offered an amendment re- portation systems, including pipelines; (f) in- threat information to the vulnerabilities in flecting the President’s approach on intel- formation and communication systems; (g) our critical infrastructure, and work closely ligence; however that amendment was de- continuity of government services; and (h) with other agencies, and the private sector feated. other systems or facilities the destruction of to ensure adequate protective measures are S. 2452 included a Directorate for Critical which would cause substantial hard to put in place, will also have a huge challenge. Infrastructure Protection (CIP). The GAC health, safety, property, or the environment. However, by making the same official re- endorsed amendment continues to include Among its other duties, the CIP shall be sponsible for establishing a robust intel- that directorate, and expands it to incor- responsible for receiving relevant informa- ligence division and protecting critical infra- porate significant additions as proposed by tion from the Directorate of Intelligence, structure, the Administration’s proposal the President. The Directorate will be head- law enforcement, and other information to underestimates the challenges that we face ed by an Under Secretary who is appointed assess the vulnerabilities of the key re- in both areas. by the President with the advice and consent sources and critical infrastructures; identi- Secondly, the President’s proposal does not of the Senate. fying priorities and supporting protective allow the DI sufficient, routine access to in- The CIP will combine the key entities, cur- measures by the Department and other enti- formation produced by other parts of the In- rently scattered across the Federal govern- ties; developing a comprehensive national telligence Community and other agencies. ment, that are charged with working with plan for securing key resources and critical The GAC-endorsed legislation provides the the private sector and other agencies to pro- infrastructure; enhancing and sharing of in- Secretary with broad, routine access to re- tect various sectors of our nation’s critical formation regarding cyber-security and ports, assessments, analytical information, infrastructure. The authorities, functions, physical security; developing security stand- and other information—including personnel, and assets of several offices are ards, tracking vulnerabilities, proposing im- unevaluated intelligence—relating to the ca- transferred to the Department. These in- proved risk management policies; and delin- pabilities, intentions, and activities of ter- clude the Critical Infrastructure Assurance eating the roles of various governmental rorists and terrorist organizations, unless Office of the Department of Commerce (es- agencies in preventing, defending, and recov- otherwise directed by the President. tablished by Presidential Decision Directive ering from attacks. ‘‘Unevaluated intelligence’’ refers to the sub- 63 in 1998 to coordinate federal initiatives on The Directorate will also be responsible for stance of intelligence reports, absent any in- critical infrastructure); and the National In- establishing the necessary organizational formation about sources and methods. We frastructure Protection Center of the Fed- structure to provide leadership and focus on use this term based on the recommendation eral Bureau of Investigation (other than the both cyber-security and physical security, of the Chairman of the Senate Intelligence Computer Investigations and Operations and ensuring the maintenance of a nucleus of

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8162 CONGRESSIONAL RECORD — SENATE September 4, 2002 cyber and physical security experts in the or what kind of identification documents strong talent base and to engage them in in- United States Government. Both cyber and would be required. In addition, the Secretary novative projects quickly. In view of this, physical security are critical to the adequate would have authority to station Depart- the legislation affords the Secretary with protection of those systems on which our na- mental employees oversees to consult with flexible management tools to hire and retain tion’s economy and culture depend. The CIP State Department employees on the visa top flight scientific and technical personnel, will be responsible for utilizing the best process and specific threats. as well as to accelerate R&D and prototype modeling, simulation, and analytic tools to The homeland security mission will face projects to advance the homeland security prioritize the effort. profound technological needs and require- mission. The creation of this Directorate indicates ments, and the challenges are substantial. Intelligent and coordinated deployment of broad consensus on the need for a single en- The first challenge derives from the fact that technology within the Department is a tity to coordinate a national effort to secure most research and development of new tech- fourth challenge that must be overcome. Too America’s critical infrastructure. This is a nologies relevant to homeland security will often, government agencies are hampered shared responsibility of Federal, State, and occur outside the new Department—in other and distracted from their fundamental mis- local governments along with a private sec- agencies, academia, and the private sector. sions as a result of unstructured and tech- tor which owns 85% of our nation’s critical Therefore, the Department will require pow- nically unsophisticated approaches to tech- infrastructure. However, unlike the Presi- erful tools and mechanisms to elicit coopera- nology acquisition and deployment that lead dent’s proposal, which combines information tion from entities external to the Depart- to interoperability problems downstream. analysis and infrastructure protection under ment, and to coordinate R&D efforts across a The legislation establishes an Office for one Under Secretary, the GAC amendment range of disparate groups, each with their Technology Evaluation and Transition to as- places Critical Infrastructure Protection in own missions and priorities, in service to sist the Under Secretary in his responsibil- its own directorate where it will work close- homeland security goals. The legislation at- ities as the chief technology officer and to ly with the Intelligence Directorate. This tempts to provide the Directorate of Science assure his central role in testing, evaluating, was done both to elevate and stress the cen- and Technology with the mechanisms it and approving new homeland security tech- trality of intelligence analysis to all of the needs to resolve this fundamental coordina- nologies being considered by the Department Department’s missions, but also because tion problem. The legislation establishes a for acquisition. critical infrastructure protection is a suffi- Security Advanced Research Projects Agen- Lastly, the Committee recognizes that a ciently complex and daunting challenge that cy (SARPA), which is inspired by the highly sea of scientific and technological expertise it will require the focused leadership and at- successful Defense Advanced Research and resources resides outside the walls of the tention of an Under Secretary. Projects Agency (DARPA) of the Department Federal government, and has therefore in- As reported out of the Committee in May, of Defense (DOD). Following the DARPA cluded several provisions to engage the pri- S. 2452 would have transferred the law en- model, SARPA will have funding, in the form vate sector in maintaining our national se- forcement programs of the Immigration and of an Acceleration Fund, to support key curity. Transition of technology is empha- Naturalization Service to the new Depart- homeland security R&D both within and out- sized throughout the section. An Advisory ment, while leaving its service functions at side of the federal government, and to lever- Panel consisting of experts from the private the Department of Justice. However, key age collaboration on R&D between entities, sector and academia may be convened by the senators and immigration experts argued particularly among the agencies. A second Secretary to advise the Under Secretary and that this course could undermine the critical mechanism provided under the legislation is Council and promote communication with task of reforming the INS. The GAC-en- a Science and Technology Council consisting non-federal entities. The Office of Tech- dorsed legislation now transfers all immigra- of senior R&D officials from the agencies and nology Evaluation and Transition described tion functions to the new Department, but other appropriate entities. The Council will earlier will provide a gateway and clearing- specifies that the INS be disbanded and reor- assist the Under Secretary in coordinating house for companies with innovative tech- ganized along the lines of a major, bipartisan interagency efforts to execute the science nologies relating to homeland security. This reform bill, S. 2444, sponsored by Senators and technology agenda of the Department, Office will also have particular responsi- Kennedy and Brownback. These senators are primarily through supporting the develop- bility for facilitating the transition of tech- the chairman and ranking member, respec- ment of a comprehensive technology road- nologies into fielded systems for use by the tively, of the immigration subcommittee of map for establishing common priorities and Department, other agencies, or private sec- the Senate Judiciary Committee, and have allocating individual responsibilities. An- tor entities. Another provision requires the assembled an impressive bipartisan majority other important mechanism is the ability to Secretary to articulate a strategy and plan of that committee in support of their legisla- directly engage any of the Department of for encouraging biotechnology firms, phar- tion. Rather than try to characterize their Energy (DOE) national laboratory and sites maceutical companies, and other entities to handiwork for them, I am attaching a letter through joint sponsorship agreements in car- develop countermeasures against biological from Senators Kennedy and Brownback de- rying out R&D activities for homeland secu- and chemical weapons, with a view towards scribing the substance of the immigration rity purposes. With respect to bioterrorism commercial production. A fourth provision reforms now incorporated in this legislation. research, the Secretary will be able to ensure directs the Under Secretary to establish a Because the work of reforming INS is very that the best researchers are focused on de- National Emergency Technology Guard com- demanding, the immigration programs will veloping necessary countermeasures against posed of teams of volunteer experts in be in their own directorate, with direct ac- biothreats by establishing general priorities science and technology to assist local com- countability to the Secretary, rather than for biothreat research programs conducted munities in responding to and recovering included as part of the Border and Transpor- at the National Institutes of Health. from disasters requiring specialized sci- tation Protection directorate. However, to A second R&D challenge is to assure that entific or technical skills. ensure adequate coordination between immi- the Directorate will have expedient access to Taken in combination, the mechanisms gration programs and other agencies that op- broad, deep, and ongoing support for critical granted by the legislation provide the De- erate at the border, the legislation creates a analysis and decision-making regarding sci- partment with an array of tools with which Border Security Working Group. This Work- entific or technical issues. To address this to forcefully tackle the set of R&D chal- ing Group will consist primarily of the Sec- issue, the legislation provides authority for lenges confronting it. The legislative history retary, or his designee, and the Under Secre- the Directorate to contract with or establish and specific details regarding the legislation taries for Immigration and Border and Federally Funded Research and Development are discussed in greater detail below. Transportation Protection. It will meet at Centers (FFRDCs) to obtain independent an- S. 2452, as reported out of the Committee least four times a year, and coordinate mat- alytical, scientific, and technical expertise on May 22, contained a provision estab- ters including budget requests, staffing re- and support, including support for risk anal- lishing an Office of Science and Technology quirements, and use of equipment. This ysis and risk management functions. In addi- within the new Department of Homeland Se- working group can also bring in other federal tion, an Office of Risk Analysis and Assess- curity. The underlying intent of this provi- agencies with border operations (such as the ment is created within the Directorate to en- sion was to create an R&D entity similar in Drug Enforcement Administration or the sure that such risk analysis functions are organization and function to the Defense Ad- Food and Drug Administration) that are not given institutional priority and conducted vanced Research Projects Agency, which was part of the Department, offering a critical internally or through outsourcing to selected as an appropriate model for the De- mechanism for government-wide coordina- FFRDCs. partment’s R&D component in light of the tion along the border and at ports of entry. A third challenge is for the Department to fact that the Department, as originally con- The legislation also gives the Secretary develop and effectively manage a critical templated, would have had limited capa- regulatory authority over the visa applica- mass of internal homeland security R&D ca- bility to conduct R&D internally. Con- tion process. Consular employees at the De- pabilities. The legislation transfers a num- sequently, it was determined that the De- partment of State would continue to process ber of entities from the Department of En- partment could most effectively initiate and visa applications. However, the Secretary ergy, and one to be created in the Depart- promote R&D in support of its mission would have authority to issue regulations ment of Defense, that will constitute a core through a DARPA-like entity with a lean, concerning the application process. This scientific base upon which the Department flexible organizational structure joined with would include the required procedures for will conduct in-house R&D efforts central to funding to leverage external interagency col- considering an application, such as whether its mission. Fundamental to developing this laboration. Since the release of the Presi- all applicants must be interviewed in person in-house expertise is the ability to procure a dent’s proposal for the Department, and in

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8163 response to that and additional input re- is the Committee’s expectation that SARPA that conduct analysis and provide support ceived by the Committee from a broad range will take full advantage of evolving modern integral to the mission and operation of the of contributors, including other Member of- management strategies in the R&D field, sponsoring agency. Thirty-six FFRDCs fices and experts from the scientific research particularly in assuring effective technology across the nation have proven indispensable and technology communities, the scope and transition. For example, the Committee in enabling the government to undertake re- responsibilities of the Office have been would expect SARPA to engage in a careful search with a creativity and flexibility not broadened. ‘‘needs identification’’ effort which involves always available within the confines of a fed- The legislation redesignates the Office of eventual technology ‘‘users’’ in its R&D eral agency. The importance of FFRDCs is Science and Technology as the ‘‘Directorate roadmapping and planning exercises. The underscored by a prominent study on home- of Science and Technology’’ (‘‘Directorate’’), Committee also expects that it operate not land security conducted by the National and elevates the head of the Directorate to simply as a traditional research organization Academy of Sciences, which recommended the rank of a Senate-confirmed Under Sec- but that it explore methods to involve ven- the establishment of an FFRDC to furnish retary. This follows the consensus view of ture participants, incubate new technologies, capabilities related to risk analysis, sce- the National Academy of Sciences that the encourage the startup process, facilitate nario-based threat assessments, red teaming, Directorate’s chief science and technology prototyping, and promote strategic govern- and other functions. Moreover, an Office of (S&T) official requires sufficient stature to ment and private sector supporters and in- Risk Analysis and Assessment is created influence and coordinate S&T policies and vestors. SARPA will also need to actively within the Directorate to ensure that these activities outside the Department. The encourage connections with technology first- functions are given institutional priority Under Secretary will be responsible for exe- adopters in and out of government, and es- and carried out—whether internally or cuting the Directorate’s mission of man- tablish interactive feedback systems for through outsourcing to FFRDCs—in a co- aging and supporting R&D activities to meet technology development and deployment to ordinated manner in accordance with the national homeland security needs and objec- ensure sustained interaction between front- Secretary’s requirements and overall man- tives; articulating national R&D goals, pri- line researchers and with users. agement. This Office will assume operational orities, and strategies pursuant to the mis- To support the Directorate and its func- responsibility within the Directorate and on sion of the Department; coordinating with tions, an interagency Science and Tech- behalf of the Under Secretary for supporting entities within and outside government to nology Council, which is the successor to the the risk analysis and risk management needs advance the R&D agenda of the Department; Science and Technology Steering Council of the Secretary and the other Directorates, advising the Secretary of the Department on contained in the original version of the legis- as well as help ensure that R&D activities all scientific and technical matters; facili- lation, will advise the Under Secretary on tating the transfer and deployment of tech- are aligned with risks and threats. priorities and strategies for homeland secu- The President’s proposal included language nologies critical to homeland security needs; rity R&D. This Council will consist of senior that would grant the Department control and generally serving as the Department’s R&D officials from across the government over funds appropriated to the National In- chief technology officer. and will serve to facilitate interagency co- The legislation provides a number of key stitute of Health (NIH) for bioterrorism re- ordination on R&D activities pertinent to search. Although the provision clearly con- components to assist the Directorate in homeland security. One of the chief respon- meeting its mission. First among these is templated that these funds would remain sibilities of the Council will be to assist the committed to the NIH for application in ac- SARPA, the new R&D agency modeled after Under Secretary in developing overarching DARPA that was established in the original cordance with the Department’s guidelines, technology roadmap that will enable a co- the Committee was concerned that the provi- version of the legislation and is retained in herent national homeland security R&D pro- the amended legislation. DARPA was created sion technically allowed for such funds to be gram to be coordinated among the many fed- transferred to other agencies, thereby de- in 1958 in response to the launch of Sputnik. eral agencies. It is an organization that recruits out- priving the NIH of funding necessary to con- The Administration’s proposal conduct its critical research in this area. With standing scientific and technical talent and templated the designation of one of the DOE funds high-risk, high-payoff projects that the collaboration of staff from the Adminis- national laboratories to serve as the primary tration and Senator Thompson’s office, a offer the potential for revolutionary ad- research and development center for the De- vances. DARPA’s nimble, aggressive and cre- final provision was negotiated under which partment. However, in recognition of the ex- NIH funds would not be transferred out of ative approach has consistently produced im- tensive scope and nature of homeland secu- pressive and effective war-fighting tech- the HHS. Instead, through joint strategic rity R&D, as well as the different research agreements, the Secretary of the Depart- nologies. Moreover, in the course of fulfilling and technology-related capabilities pos- its central mission, DARPA has developed ment would set general research priorities sessed by each of the DOE laboratories and technologies with broad commercial and so- for the funds, while the HHS would establish sites, the GAC-endorsed legislation estab- cietal application, such as the Internet. Of the specific scientific research agenda as lishes in the Directorate an Office for Na- particular significance to the Committee in well as award and manage all grants. This tional Laboratories to coordinate and utilize selecting DARPA as a model for the S&T ap- modified language will protect our strategic such entities in creating a networked labora- paratus in the Department is DARPA’s use commitment to biodefense research, while tory system to support the missions of the of its funding to leverage R&D investments leaving the means and methods for this re- Department. Through joint sponsorship in other parts of DOD, effectively generating search to the scientists at the NIH. agreements with the DOE, the legislation al- a multiplier effect that maximizes DARPA’s The President’s proposal targeted a num- lows the Department to easily access and contribution to national defense in dis- ber of R&D entities and programs in other proportion to its actual funding level. Over benefit from the combined expertise of all of agencies for transfer into the Department. five decades, DARPA has been recognized as the DOE laboratories and sites. While the Committee does not agree with all The Department will have extraordinary one of the most productive engines of tech- of the Administration’s transfers, it recog- analytical needs cutting across of all of its nological innovation in the U.S. government. nizes the value of providing the Department While DARPA concentrates primarily on Directorates, especially with regard to the with a critical base of in-house R&D capa- the development of revolutionary tech- assessment, analysis, and management of bilities. Therefore, most of the programs tar- nologies, SARPA will have a broader focus threats, vulnerabilities, and risks. Although geted by the Administration have been consistent with its larger mission. Since the Administration’s bill did not specifically moved, including the chemical, biological, there are many technologies relevant to address this need, the President’s Strategic and nuclear threat assessment and detection homeland security in various stages of devel- Plan released in mid-July suggests that risk programs within the Department of Energy opment and deployment, SARPA will pro- analysis is a fundamental issue that needs to (DOE) relevant to homeland security, and mote a wide range of technology develop- be addressed in planning for our nation’s se- the National Bio-Weapons Defense Analysis ment, transition, and deployment efforts, as curity. Although the legislation vests ulti- Center to be created within the Department well as research for revolutionary new tech- mate responsibility for risk analysis and risk of Defense. The transferred programs will be nologies. Nevertheless, the Committee an- management by the Department with the collectively supervised by a new Office of ticipates that with an Acceleration Fund au- Secretary, all the Directorates will be re- Laboratory Research. Together, these trans- thorized at $200 million for FY03, SARPA quired to assist the Secretary in coordina- ferred entities will confer a basic in-house will have the foundation for replicating or tion with each other and consistent with research capability with the resident sci- exceeding DARPA’s success in catalyzing their own missions. The Directorate of entific expertise to help the Directorate bet- critical new technologies by initiating and Science and Technology has a contributing ter coordinate the broader government-wide leveraging R&D among public, private, or role to play in this framework by providing homeland R&D portfolio. university innovators. Under an amendment the Secretary and the other Directorates Given that the Federal government rep- offered by Senator Stevens, ten percent of with scientific and technical support for resents only one of several sectors in our na- the Acceleration Fund is to be allocated to such functions. To ensure that the Direc- tion with R&D resources and expertise, the Coast Guard homeland security R&D mis- torate has access to the requisite resources Department will require mechanisms to en- sions for FY’04 and FY’05 through a joint and expertise to fulfill its risk analysis re- gage and benefit from private sector and aca- agreement with the Commandant of the sponsibilities and other research-related demic efforts regarding homeland security. Coast Guard. functions, the legislation gives the Depart- Toward this end, the legislation allows for While Congress should restrain itself in di- ment the power to contract with or establish the establishment of an Advisory Panel con- recting particular management strategies, it FFRDCs-independent, non-profit institutions sisting of experts from the private sector,

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8164 CONGRESSIONAL RECORD — SENATE September 4, 2002 academia, State, and local entities to advise spond to emergencies and providing State sponsibility for the acquisition of smallpox and support the Under Secretary and the and local authorities with equipment for de- doses and potassium iodide to this direc- Science and Technology Council. The Panel tection, protection, and decontamination in torate as well. will ensure that a diversity of perspectives an emergency involving weapons of mass de- Finally, the Administration also proposed are taken into consideration in the estab- struction; overseeing Federal, State, and transferring the Office of the Assistant Sec- lishment of priorities, and that the contribu- local emergency preparedness training and retary for Public Health Preparedness tions to be made from the private sector are exercise programs; assembling a single Fed- (OPHP) from the Department of Health and properly addressed and incorporated into the eral disaster plan to help orchestrate Federal Human Services to the Emergency Prepared- national homeland security effort. assistance for any emergency; coordinating ness and Response directorate. This office The Directorate will also include an Office among private sector entities, including the has three primary components: (1) the for Technology Evaluation and Transition, health community, in emergency planning awarding and administration of state and which will serve as a clearinghouse and na- and response activities; and developing a local grants for public health preparedness; tional point-of-contact for companies and comprehensive plan to address the interface (2) the Principal Science Advisor, who ad- other entities that possess technologies rel- of medical informatics and the medical re- vises the Secretary on the global R&D strat- evant to homeland security. The Office will sponse to terrorism. (Medical informatics is egy for HHS; and, (3) the Office of Emergency evaluate these technologies and, if appro- the scientific field that addresses the stor- Preparedness, which manages rapid-response priate, assist in developing and transitioning age, retrieval, sharing, and optimal use of emergency health and first-responder per- them into Department entities or other biomedical information, data, and knowledge sonnel. From this Office of the Assistant agencies possessing matching needs. The for problem-solving and decision-making.) Secretary for Public Health Preparedness, Technical Support Working Group (TSWG) This directorate also creates a National Cri- the GAC-endorsed legislation transfers the provides an applicable model for this func- sis Action Center to coordinate federal sup- Office of Emergency Preparedness. tion, and the legislation requires the Office port for State and local governments and the The other two components of the OPHP to coordinate with or work through TSWG, private sector during a crisis; additionally, each play a role in emergency response, but or use TSWG as a model, in performing this the directorate is responsible for ensuring also a very extensive role in general public technology solicitation and transition role. health. Because they perform a dual-use It is also intended that this Office serve as the appropriate integration of operational function, and because of their extensive the Department’s internal center for testing activities of the Department of Defense, the interaction with other parts of HHS, it does and evaluating new technologies being con- National Guard, and other federal agencies not seem appropriate to transfer them to the sidered for acquisition or deployment by the in the Federal Response Plan in order to re- Department or its entities. The new Depart- spond to acts of terrorism and other disas- new department. Additionally, experts in the ment will be a large one, and very dependent ters. public health and biomedical communities In addition to FEMA, the Emergency Pre- on technology in carrying out its homeland expressed concern that the Administration’s paredness and Response directorate transfers mission. As a result, it is vital that new proposal would not operate effectively. The the National Office of Domestic Prepared- technologies deployed in the Department’s OPHP was established to address the prob- ness, within the FBI. This entity was created component Directorates and other entities lems of intra-agency communication and co- by the Attorney General in 1998 and coordi- be compatible and interoperable to ensure ef- ordination, and it could reverse the gains nates federal efforts to assist state and local ficiency and expanded capability. The Office, achieved by this office to remove it from the emergency responders with training and ma- by performing the Department’s testing and department with which it is primarily en- terials necessary to respond to an event in- evaluation function, will support the Under gaged. Indeed, HHS would be probably be volving weapons of mass destruction. The Of- Secretary in carrying out his duties as the forced to re-create this capacity internally if fice of Domestic Preparedness (ODP) within Department’s chief technology officer. In ad- OPHP were transferred to the Department. the Department of Justice is also trans- dition to conducting testing and evaluation At the same time, it is important the De- ferred. ODP was developed to help train activities for the Department, the Office will partment have in-house capability to address State and local law enforcement agencies to also coordinate with the Department’s Chief biological, chemical, and nuclear weapons. respond to terrorist incidents. Information Officer and with other agencies Consequently, the Department would include The Administration proposed transferring in promoting government-wide compatibility those public health and biomedical pro- the Select Agent Registration Enforcement and interoperability with regard to home- grams—the OEP, the Select Agent Registra- Program from the Centers for Disease Con- land security technologies and systems. tion Enforcement Programs, and the Stra- trol within the Department of Health and Rapidly developing medicines and anti- tegic National Stockpile—which focus pri- Human Services, to the Department. The Se- dotes to counter chemical and biological marily on terrorism and emergency re- lect Agent Registration Enforcement Pro- weapons is an enormous challenge and one sponse. gram was developed to identify all biological that government-supported R&D cannot ac- agents and toxins that may threaten public SECRET SERVICE complish on its own. The legislation directs health and safety, regulate the transfer of The legislation adopts the Administra- the Secretary to implement a strategy to en- such agents and toxins, and establish a reg- tion’s proposal to include the United States gage the biotechnology and pharmaceutical istration scheme regulating their possession, Secret Service as a distinct entity reporting industries in the critical research and prod- use, and transfer. The GAC-endorsed legisla- directly to the Secretary. The Service has a uct development that will produce antidotes tion transfers this program to the Emer- dual mission of protection and investigation, and vaccines to the chemical and biological gency Preparedness and Response direc- with a central focus on preventing attacks weapons that terrorists may employ against torate because it is a program critical to pre- and other missions now very relevant to ter- our nation. This strategy should explore and paring for and responding to a public health rorist threats. The Service was originally suggest ways to provide incentives and fa- emergency. The Under Secretary for Science created to safeguard the country’s currency cilitate ‘‘bench-to-bedside’’ transition for and Technology, the Secretary of Agri- and financial payment systems, and it re- these products. mains the sole agency charged with enforc- Recognizing that technological prowess in culture, and the Director of the Centers for ing the counterfeiting statutes. Its responsi- this country is in communities, as well as Disease Control and Prevention will work to- colleges and companies, the Department gether to establish and update the list of bility for protecting the country’s financial must tap the boundless expertise and energy toxins to be monitored. infrastructure has led to an expansion of the of ordinary citizens. Drawing on legislation Like the Administration’s proposal, the Service’s investigative mission, which now developed in the Senate Commerce Com- GAC-endorsed legislation transfers the Stra- includes crimes involving identity theft, mittee, the legislation endorsed by the Com- tegic National Stockpile to the new depart- credit card fraud, false identification docu- mittee creates a National Emergency Tech- ment. The Strategic National Stockpile is a ments, computer fraud, and financial institu- nology Guard of volunteers with expertise in stockpile of drugs and vaccines that may be tion fraud. In addition, the Secret Service is science and technology to assist local com- used in the event of a terrorist attack or well-known for its mission to protect the na- munities in responding to and recovering other emergencies. However, because of tion’s highest elected leaders and their fami- from emergencies requiring scientific or CDC’s experience and expertise, the legisla- lies, as well as visiting heads of state. In re- technical expertise. tion allows for the Stockpile to be managed cent years, the Secret Service has assumed As reported on May 22, S. 2452 included a on a day-to-day basis for the Department by responsibility for planning, coordinating, Directorate of Emergency Preparedness and CDC through a new Bioterrorism Prepared- and implementing security operations at Na- Response, with FEMA as its core. The new ness and Response Division, which is created tional Special Security Events, as des- GAC-endorsed legislation retains this direc- in this legislation pursuant to an amend- ignated by the President. It also has created torate and expands it to include some of the ment from Senator Cleland. However, the the National Threat Assessment Center, programs the Administration proposed mov- Department would remain in charge of the which provides advice and training to law ing to the new department. This amendment overall strategic planning concerning the enforcement and other organizations with also provides that the President may appoint Stockpile. The Public Health Emergency and responsibilities to investigate or prevent tar- the same person to serve as both the Direc- Bioterrorism Preparedness and Response Act geted violence. tor of FEMA and the Under Secretary for of 2002 authorized funds for both the Stock- The missions of the Secret Service have a this directorate. pile and the acquisition of smallpox vaccine clear connection to the fundamental mission This directorate’s responsibilities include doses and potassium iodide. Consequently, of the new Department. Its protective mis- organizing and training local entities to re- the GAC-endorsed legislation transfers re- sion is central to safeguarding the country’s

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8165 leadership. Many of the crimes it is charged program—which was suggested by Senator of a new Department can be realized, and es- with investigating involve activities in Voinovich—would allow employees of the tablishing a leadership style that will create which terrorists often engage. And it is an Department and State and local agencies a strong organizational culture based on the agency that is uniquely focused on assessing with homeland security responsibilities to values and attitudes the new Department vulnerabilities and designing ways to reduce work together, to share their specialized ex- must have to effectively perform its mission. them in advance of an attack, an expertise pertise, and to enhance their ability to as- The bill aims to create a structure that will that will benefit the new Department. The sess threats against the country, develop ap- enable the new Secretary to carry out these responsibilities and experience of the Secret propriate responses, and inform the public. critical management efforts. Service support its transfer as a separate of- Employees who participate in the program The Department will be headed by a Presi- fice reporting directly to the Secretary rath- must have appropriate training or experience dentially appointed, Senate-confirmed Sec- er than its inclusion in one of the Direc- to perform the work required by the assign- retary. The Secretary’s duties include devel- torates. This structure will allow the Service ment, and assignments must be structured oping policies and plans for the promotion of to draw on the expertise and resources of the to appropriately safeguard classified and homeland security, carrying out and pro- Directorates to support its protective mis- other sensitive information. moting the other established missions of en- sion, as well as to provide its own expertise tities transferred to the Department, and de- OFFICE OF INTERNATIONAL AFFAIRS veloping a comprehensive strategy for com- and experience to the rest of the Depart- The legislation includes an amendment of- bating terrorism and the homeland security ment. fered by Senator Thompson that creates an response in conjunction with the Director of STATE AND LOCAL GOVERNMENT COORDINATION Office of International Affairs within the of- the National Office for Combating Ter- Homeland security is clearly a joint re- fice of the Secretary. The Director of the Of- rorism. sponsibility among the Federal, State, and fice will be responsible for promoting the ex- The Secretary is charged with consulting local governments. There are many ways in change of information with foreign nations with the Secretary of Defense and the na- which the bill recognizes the importance of to encourage sharing of best practices and tion’s governors to integrate the National these relationships and places a high priority technologies relating to homeland security. Guard into the nation’s strategy to combat on ensuring that the Department works This information exchange will include joint terrorism. The Secretary must also consult closely with, and provides significant assist- research and development on counter- and coordinate with the Secretary of Defense ance to, State and local agencies. To coordi- measures, joint training exercises for first regarding military organization, equipment, nate this effort, the Department will have an responders, exchange programs, and inter- and assets that are critical to fighting ter- office devoted to facilitating effective com- national conferences. The Director will man- rorism, as well as the training of personnel munications and partnerships with State and age the activities under this provision in to respond to terrorist attacks involving local government. The Office for State and consultation with the Department of State chemical or biological agents. Section 102 details numerous other duties Local Government Coordination will be es- and other relevant Federal officials. These tablished within the office of the Secretary of the Secretary. programs will be developed first with coun- Deputy Secretary—Section 103 provides for to ensure that the needs and role of State tries that are already highly focused on appointment of a Deputy Secretary, subject and local governments are considered homeland security issues and that have pre- to Senate confirmation, responsible for as- throughout the work of each of the Depart- viously engaged in fruitful cooperation with sisting the Secretary. ment’s directorates. In addition to coordi- the United States in the area of counterter- Under Secretary for Management—The Ad- nating the activities of the Department re- rorism. ministration proposal calls for the appoint- lating to State and local governments, the MANAGEMENT AND TRANSITION ISSUES ment of an Under Secretary for Management Office will be responsible for assessing and Management structure with broad responsibilities for management advocating for the resources needed by State and administration of the Department. Sec- and local government to implement the na- The Administration’s proposed legislation tion 104 of the Committee-endorsed bill es- tional strategy for combating terrorism. calls for the appointment of a number of tablishes this position with substantially the This advocacy function is necessary so that management officials to support the Sec- same responsibilities as in the Administra- budget decisions to implement the national retary in carrying out the mission of the De- tion bill. These include budget and other fi- strategy are made with the full under- partment. The Committee-endorsed legisla- nancial matters, procurement, human re- standing of the role that State and local gov- tion includes much, though not all, of the sources and personnel, information tech- ernments will play in implementing the management structure proposed by the Ad- nology and communications, facilities and strategy, as well as the resources necessary ministration. other material resources, security for the at all levels of government for success. Secretary—First and foremost, the Com- Department, and managing performance The Secretary, in conjunction with the Di- mittee-endorsed legislation calls for a strong measures for the Department. rector of the National Office for Combating Secretary, vested with effective, centralized Assistant Secretaries—The Administration Terrorism, is responsible for working with management authority over what will be a requested authority for the President to ap- State and local governments to develop a na- large new organization. Although respon- point not more than six Senate-confirmed tional strategy for combating terrorism—not sibilities under this legislation are allocated Assistant Secretaries, without specifying in simply a Federal strategy. Thus, the Office among the various Directorates, it is in- statute what the responsibilities of these of- for State and Local Government Coordina- tended that all powers provided under this ficers would be. Following generally the Ad- tion will develop a process for receiving bill be subject to the full control and direc- ministration’s approach, section 105 of the meaningful input from State and local gov- tion of the Secretary. Also, while the bill es- legislation authorizes the President to ap- ernment to assist in the development of the tablishes the basic organizational framework point up to five such Assistant Secretaries strategy for homeland security and other for the new Department and establishes its (these do not include the two additional, homeland activities. The Office will also pro- principal components, carrying out this or- Senate-confirmed Assistant Secretary posi- vide State and local government with reg- ganizational task is only part of the role tions, with immigration-related functions, ular information, research, and technical that the new Secretary must play. While a established in division B of the legislation.) support to assist local efforts at securing the number of more subjective management fac- The President must describe the general responsibilities when submitting a nominee for homeland. tors cannot be defined in statutory language, The GAC-endorsed legislation incorporates we anticipate that the new Secretary will confirmation. The authority of the President to assign functions to up to five Assistant an amendment, offered by Senators Collins need to spend a great deal of time on key Secretaries should provide important flexi- and Carper, which creates the position of management tasks that cannot be embodied bility in designing the management struc- Chief Homeland Security Liaison Officer, in a formal organizational structure. These ture for the Department. who is charged with coordinating the efforts tasks include: creating a sense of shared val- Inspector General—The Department will of homeland security liaison officers in each ues across the new Department and its dis- include an office of Inspector General under state. These liaison officers will work with parate components; ensuring that core skills the Inspector General Act of 1978, thereby State and local first responders to make sure and competencies are both developed and applying the authorities and independence that these organizations receive the training shared across the Department; developing an provided under that Act. The legislation and resources they need. A Federal Inter- effective common departmental strategy for would define a narrow set of circumstances agency Committee on First Responders will achieving the agency’s missions with buy-in under which the Secretary could prohibit the bring together the federal agencies that among component agencies; deciding on the Inspector General from carrying out an in- work most closely with State and local first key systems and management processes vestigation or performing other duties if responders and will be counseled by an Advi- apart from the organizational structure that necessary in the interest of national security sory Council, including representatives of will manage and bind together the new De- or other compelling circumstances specified first responders and urban and rural commu- partment; assuring that the success of those in the legislation. This language is modeled nities. systems and processes are measured and closely on provisions that apply to the In- To further encourage communication and evaluated frequently to test their perform- spectors General at the Departments of Jus- coordination between the Department and ance; ensuring that departmental personnel tice, Defense, and Treasury, the United State and local agencies, the GAC-endorsed gain experience in a variety of agency com- States Postal Service, and the Central Intel- legislation authorizes the Secretary to es- ponents to encourage cross-agency thinking, ligence Agency. Also modeled closely on pro- tablish an employee exchange program. This capability, and solutions so that the synergy visions applicable at Treasury, is a provision

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8166 CONGRESSIONAL RECORD — SENATE September 4, 2002 granting the Homeland Security IG over- safeguards and minimize the risk of inappro- tration ample time to submit their plan sight over internal investigations performed priate disclosure or use of personal informa- while Congress still has time to act on the by any other investigatory offices where tion. The Privacy Officer may also assist in Administration’s proposal. they exist in the Department’s sub-agencies. the development of privacy impact assess- To further clarify that initial funding will The Inspector General must designate an of- ments, when required by law or considered be provided by appropriations acts, the legis- ficial to collect and review information appropriate by the Secretary, which are doc- lation states that transferred funds may about alleged abuses of civil rights and civil uments that explain how an agency takes only be used for their original purposes un- liberties by Department officers and employ- into account privacy considerations when less Congress approves in advance a realloca- ees, and report to Congress on such abuses. initiating information collections and devel- tion of such funds. This provision does not Chief Financial Officer—The legislation oping information systems. limit the ability of an agency transferred to would establish a Chief Financial Officer The Constitution clearly assigns to Con- the Department to use transferred funds for (CFO) and a Chief Information Officer (CIO) gress what is called the ‘‘power of the a new position previously authorized in law, at the new Department. Section 107 would purse’’—the power to appropriate funds and but does reinforce that transferred funds define the Department as an agency under to prescribe the conditions governing the use may not be used to fund a new position es- the CFO Act, thereby making applicable the of those funds. The Framers thus made Con- tablished under this legislation itself. requirements of the CFO Act of 1994, regard- gress responsible to the people for how the Looking beyond the transition period, the ing, for example, the qualifications and re- people’s money gets spent. The legislation Administration sought to justify its request sponsibilities of the CFO and annual finan- contains provisions reaffirming that appro- for power to transfer appropriations by stat- cial reporting. Under the CFO Act, the CFO priated funds may be used only for the pur- ing, in the analysis accompanying the Ad- at the Department must be either appointed poses stated by Congress. To provide for ini- ministration’s proposed legislation: ‘‘Appro- by the President subject to Senate confirma- tial funding of the Department, the legisla- priations transfer provisions are enacted an- tion, or designated by the President, in con- tion requires the Administration to submit a nually in a number of appropriations acts.’’ sultation with the Secretary, from among transition plan and proposed budget by Sep- While declining now to grant the broad, per- Senate-confirmed officials at the Depart- tember 15, 2002, so that Congress can appro- manent transfer power requested by the Ad- ment. priate timely start-up funds based on that ministration, this Committee-endorsed legis- Chief Information Officer—Section 108 of proposal. lation does not address whether any power to the legislation would establish a Chief Infor- By contrast, the Administration has re- transfer funds should subsequently be in- mation Officer (CIO) at the new Department. quested that the new Department be excluded in annual appropriations acts for the Furthermore, the provisions of law defining cepted from the traditional arrangements re- Department. In fact, annual appropriations the responsibilities of the CIO, including the garding the use of appropriated funds. For bills often build in such flexibility, but more Paperwork Reduction Act and Clinger- initial funding for the Department, the Ad- often in smaller amounts under close over- Cohen, would apply by their own terms to ministration proposed to take funds (up to sight by Congress. The proper way for the the new Department. Under applicable law, 5%) from each agency slated for transfer to Administration to seek this authority is to the CIO need not be Senate-confirmed. the Department and use these funds for any request it as part of their annual appropria- Chief Human Capital Officer—The Sec- purpose under the legislation. This could tions, not as permanent authority in the en- retary must appoint or designate a Chief total roughly $2 billion. To adjust funding abling legislation. The Committee concluded that the Con- Human Capital Officer to advise and assist priorities without having to go back to Con- gress and the Executive Branch must fully the Department in workforce skills, train- gress, the Administration requested perma- understand the annual and multi-year funding, recruitment, retention, and other issues nent power to take funds (up to 5%) from ing requirements for the Department to as- necessary to attract and retain a highly each appropriations account in the Depart- certain the most appropriate funding levels qualified workforce. ment and use those funds for any other pur- to protect the American people from home- Civil Rights Office—Section 110 of the bill pose in the Department. land security threats. establishes a Civil Rights Office, whose head Senator Byrd and Senator Stevens, the Accordingly, the GAC-endorsed legislation will be appointed by the President and con- Chairman and Ranking Member of the Ap- requires the new Department, beginning firmed by the Senate. The Office will have propriations Committee, respectively, wrote with the fiscal year 2005 budget request, to two important functions. First, the Civil to me expressing their strong legal objection submit annually a Future Years Homeland Rights Office will have responsibility for co- to the appropriation transfer provisions re- Security Program to accompany the annual ordinating the administration of and ensur- quested by the Administration: departmental budget request and the Na- ing compliance with laws prohibiting dis- ‘‘The proposal by the President provides tional Terrorism Prevention and Response crimination against Department employees the new Secretary with extraordinary pow- Program Budget mandated elsewhere in the and beneficiaries of Department programs ers, powers that could potentially tip the Committee-approved legislation. The lan- (see, e.g., 42 U.S.C. §§ 2000d, 2000e–16). delicate balance of constitutional powers be- guage requires that Future Years Homeland Second, it will advise the Secretary, as tween the Legislative and Executive Security Program be structured, and include well as the Department’s directorates and of- branches of government. These are powers the same type of information and level of de- fices, on the constitutional and statutory that the Secretary of Defense and the Sec- tail, as the Future Years Defense Program framework that governs the Department’s retary of State do not currently have, nor required by statute to be submitted to the interactions with the citizenry at large and should they have. The Framers carefully Congress by the Department of Defense. help develop and implement policies that en- crafted that balance, and it has served the S. 2452, as reported on May 22, set an effec- sure that consideration of this group’s civil nation well for more than 200 years.’’ tive date of 180 days after enactment for the rights are appropriately incorporated and Senators Byrd and Stevens also requested transfer of personnel and assets to the new implemented in Department programs and that the legislation include provisions to Department, and included ‘‘savings provi- activities. It also will oversee the Depart- sustain existing law and practice governing sions’’ to generally preserve the status quo ment’s compliance with requirements re- the use of appropriated funds, and language with respect to the ongoing missions of the lated to the civil rights of individuals af- that they agreed to is included in the legisla- agencies being transferred. The Administra- fected by the Department’s programs and action. These provisions are designed to pro- tion’s subsequent proposed legislation re- tivities. Authority to investigate specific vide for establishment of the Department, quested greater flexibility with respect to complaints by the citizenry at large of civil while preserving the customary and Con- the timing of the transition by giving the rights or civil liberties violations, however, stitutional role of Congress in appropriating President discretion to move agencies at any will reside in the Office of the Inspector Gen- funds and in ensuring that such funds are time over a one-year transition period. It eral, to which the Civil Rights Office will used effectively and efficiently and accord- also requested further flexibilities to enable refer any matter that, in the opinion of the ing to the will of the people, as expressed the Administration to make certain inci- Civil Rights Officer, warrants further inves- through their elected Senators and Rep- dental transfers and to allocate transferred tigation. resentatives. assets and personnel. Privacy Officer—A Chief Privacy Officer Under the legislation, initial funding for The GAC-approved legislation now in- will oversee the Department’s compliance the Department will be provided through ap- cludes, in subtitle B of title XI, transition with privacy laws and help ensure that per- propriations Acts, not through transfer of provisions based on the corresponding provi- sonal information is appropriately safe- funds appropriated for other purposes. To sions of the Administration’s proposed legis- guarded. Several federal agencies that deal provide this initial funding in a timely fash- lation. These provisions include most of the with sensitive personal information, such as ion, the legislation requires the President to transition-related flexibilities requested by the Internal Revenue Service and the U.S. submit a transition plan by September 15, the Administration. The principal exceptions Postal Service, currently have similar pri- 2002, including a proposal for financing the are that, under the GAC-endorsed legisla- vacy advocates to aid in the development of initial operations of the Department. The fi- tion, the Administration would not have the policies and provide assistance to agency of- nancing proposal might consist of any com- flexibility to use funds, appropriated by Con- ficials. The Chief Privacy Officer’s mandate bination of specific appropriations transfers, gress for one purpose, for a different purpose extends beyond overseeing compliance with specific reprogrammings, or specific new ap- (discussed above), or in the area of with- existing privacy laws, such as the Privacy propriations. By putting the Administration drawing collective bargaining rights from Act, and includes assisting in the develop- on notice, even before the legislation is en- personnel transferred or employed in the new ment of policies that incorporate privacy acted, this provision has given the Adminis- Department.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8167 Following the Administration’s approach, she believes should be reorganized, the legis- and managing a high-quality workforce. The the Committee-approved legislation adopts lation instructs the Secretary to submit rec- creation of a CHCO is intended to help iden- from the Administration bill an effective ommendations to Congress on an ongoing tify and prioritize the recruitment, reten- date and a ‘‘transition period’’—the effective basis for legislation providing for such reor- tion, and workforce management needs date is generally 30 days after enactment ganization. Specifically, section 185(d)(1)(B) across the government. The CHCO will have (unless enacted less than 30 days before Jan- of the legislation requires the Secretary to added importance in the new Department, uary 1, 2003, in which case that is the effec- recommend any legislation that the Sec- because consolidation of the different agen- tive date), and the ‘‘transition period’’ is the retary determines necessary to ‘‘reorganize cies into the Department will pose unique re- one year period following the effective date. agencies, executive positions, and the assign- cruitment, retention, training, and work- The President is then authorized to direct ment of functions within the Department.’’ force management challenges. The CHCO the transfer of any asset to the Department Anticipating that the Secretary may develop will heighten awareness of workforce issues at any time the President directs, up to the reorganization proposals over the one-year and provide leadership in resolving these end of the transition period. This should transition period, the bill does not require issues. allow agencies to be transferred to the De- the Secretary to submit these recommenda- Another section of the Voinovich-Akaka partment in an orderly progression, leaving tions as a single reorganization plan, but provision, Section 2202 in the GAC-endorsed the Administration free to determine which rather requires submission of these rec- legislation, allows agencies to hire can- are in a position to be transferred first. ommendations as they become available, the didates directly and bypass the current civil- This legislation, by bringing numerous first no later than 6 months after enactment agencies responsible for homeland security service hiring requirements once the Office of the Act and any subsequent recommenda- together for the first time under a single of Personnel Management has determined chain-of-command responsible for policy and tions at least every 6 months thereafter that there is a severe shortage of candidates funding, represents one of the most signifi- until 6 months after the transition is com- for the position. This provision also allows cant reorganizations of the Federal govern- pleted. agencies to streamline its staffing proce- ment. However, once these agencies are con- The legislation specifies that several of the dures by authorizing more flexible merit as- solidated into one Department, further reor- agencies transferred to Department—i.e., the sessment tools. This will make the govern- ganization of offices and functions at the de- United States Customs Service, the United ment more competitive with the private sec- partmental level may be needed to integrate States Coast Guard, the Federal Emergency tor by improving the federal hiring process. incoming offices and to gain additional co- Management Agency, and the United States The Voinovich-Akaka provisions include ordination, efficiency, and effectiveness. The Secret Service—each ‘‘shall be maintained as government-wide authority for Voluntary legislation provides for departmental reorga- a distinct entity within the Department.’’ Separation Incentive Payments and Vol- nization, by: (1) authorizing the Secretary to This requirement does not impose precise untary Early Retirement Authority, two reorganize unilaterally to the extent con- constraints on the Secretary’s authority to programs currently allowed only in limited sistent with applicable law; and (2) instruct- reorganize with respect to these agencies, situations. The expansion of this authority ing the Secretary to recommend legislation since each of these agencies is established by would give agencies the flexibility required enabling specific further reorganization in- law and this legislation prohibits the Sec- to reorganize the workforce should an agen- volving organizational structures estab- retary from reorganizing in contravention of cy need to undergo substantial consolida- lished in law. such law. Instead, the ‘‘distinct entity’’ re- tion, transfer of functions, or other substan- The Administration has not offered a pro- quirements serves as an instruction to the tial workforce reshaping. The provision posal for departmental reorganization for President and Secretary that Congress in- would allow agencies to reduce high-grade, consideration by Congress, but, instead, re- tends that the unique identity of each of managerial, or supervisory positions, correct quested that the Secretary be granted the these four agencies should be preserved. skill imbalances, and reduce operating costs power generally to conduct such reorganiza- Under current law, the President and Sec- without being forced to reduce overall staff tions unilaterally. Under the Administra- retary can reward excellence, remove poorly levels. tion’s proposal, the only limits on this reor- performing employees, offer recruitment bo- The Voinovich-Akaka proposal increases ganization power would be that the Sec- nuses, and use many other performance-ori- the cap on the total annual compensation of retary could not abolish the Secret Service ented management tools. In an effort to give senior executives, Administrative Law or the Coast Guard, and the Secretary would the Department and other agencies addi- Judges, officers of the court, and other sen- have to give Congress 90 days notice before tional flexibility in the management of per- ior level positions to allow career executives overriding a statute. sonnel, our legislation adopts significant, to receive performance awards and other au- Many of the statutes establishing entities government-wide civil service reforms, con- thorized payments within the cap in a single and assigning functions reflect important tained in provisions proposed by Senators year. This will enable agencies to better re- policy judgments of Congress and ongoing Voinovich and Akaka. To support research ward excellence in the ranks of the most sen- critical missions required by law, however, and development, we also provided the Sec- ior and experienced parts of the workforce. It and it would be inappropriate for Congress to retary of Homeland Security authority to also includes measures to help federal em- cede to the executive the power to override use innovative techniques to hire talent and ployees earn academic degrees, a step that these statutes unilaterally, without oppor- fund projects. Taken together, this package will help enable agencies to build a highly tunity for Congress to evaluate, debate, and will give the Secretary the ability to: speed trained workforce and retain valuable em- decide. This view was also expressed by a up staffing of new employees; recruit and re- ployees who wish to continue their edu- Senator Byrd and Senator Stevens, the lead- tain top science and technology talent; pro- cation. To fill the serious gap in foreign lan- ers of the Senate Appropriations Committee, cure temporary services outside the civil guage skills across the federal government, in a letter stating their objection to a provi- service system when there is a critical need; which is a particular homeland security sion in the President’s proposal: reshape the workforce; reform old competi- problem, Section 2402 eases the restrictions ‘‘Congress should not authorize the Execu- tive-hiring practices; provide more effective on placement of National Security Edu- tive Branch to establish, consolidate, alter, bonuses for exemplary performance; promote cation Program (NSEP) fellows who are pro- or discontinue agencies of government that procurement flexibility in research, develop- ficient in languages critical to our national are established in statute. This is Congress’ ment, the prototyping of new technologies, security. The provision would allow NSEP responsibility.’’ and other procurement; and make additional fellows to work in a non-national security The legislation establishes reorganization valuable changes to help the new Depart- position in the federal government, includ- authorities and procedures designed to en- ment attract, maintain, and motivate the ing a homeland security position, if a na- able the Secretary to achieve an efficient best talent. These reforms represent a major and effective structure for the Department, tional security position is not available. modernization of the way federal agencies These authorities complement the flexible while maintaining the appropriate role of are managed. Congress in deciding whether statutory law authority in Section 135 enabling the Science should be changed. Under section 191 of the SEN. VOINOVICH’S AND SEN. AKAKA’S and Technology Directorate to attract out- bill, the Secretary can proceed, without fur- AMENDMENT standing scientists and technologists. ther congressional approval, with any reor- Division C of the legislation contains im- All these detailed and carefully considered ganization that does not change organiza- portant provisions to strengthen signifi- personnel provisions provide the Administra- tional structure established by law. The Sec- cantly the management of the federal work- tion with a major management opportunity retary can perform substantial reorganiza- force government-wide that were offered at and flexibility. tion and consolidation under this authority. the Committee’s business meeting by Sen- It is our responsibility to ensure that Fed- For example, agency units responsible for ators Voinovich and Akaka, and were agreed eral agencies with a role in homeland secu- human resources, information technology or to by the Committee by voice vote. rity can purchase—quickly and efficiently— other management functions are typically The Voinovich-Akaka amendment estab- the most high-tech and sophisticated prod- not established in law, so the Secretary lishes a chief human capital officer (CHCO) ucts and services to support antiterrorism could conduct substantial reorganization and at each major agency (i.e., at the agencies efforts and to defend against biological, consolidation of such functions to make required to have Chief Financial Officers chemical, nuclear, or radiological attacks. them more efficient and effective. under the CFO Act). The primary responsi- Last year’s National Defense Authorization Furthermore, as the Secretary identifies bility is to advise and assist their respective Act provided the Department of Defense with specific entities established in law that he or directors in selecting, developing, training, many of these authorities. Title V of this bill

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8168 CONGRESSIONAL RECORD — SENATE September 4, 2002 provides to other Federal agencies—includ- legislation still provides the Administration At the request of Senator Thompson, the ing the new Department—emergency con- ample authority to remove collective bar- legislation incorporates the text of S. 2530, tracting authority which is already in place gaining rights if national security is at granting some law enforcement authorities for the Department of Defense. This measure issue. These rights can be withdrawn from to certain Inspectors General. That bill was also provides certain new contracting flexi- individual employees if their primary job reported out of the Governmental Affairs bility to these agencies, including raising duty materially changes and consists of in- Committee on June 25, 2002. Briefly, the pro- the threshold amount for contracts carried telligence, counterintelligence, or investiga- posal amends the Inspector General Act to out in the United States to $250,000 and rais- tive duties related to terrorism investigation authorize certain IG officers to carry a fire- ing the threshold amount for contracts out- and their membership in a collective-bar- arm or make an arrest in certain instances side the United States to $500,000. Title V gaining unit would adversely affect national while engaged in official duties as authorized also raises the micro-purchase (purchase security. If so, following existing procedures, by this Act or other statute, or by a request card) threshold to $10,000. Department managers may remove employ- from the Attorney General, and to seek and Title V would give Federal agencies new ees from collective bargaining immediately execute warrants under the authority of the procurement flexibility in fighting ter- upon determining that such action is war- United States upon probable cause that a rorism. It would streamline procurement ranted, subject to review by the FLRA. Thus, violation has been committed. A full descrip- procedures for contingency operations or for the employees of offices transferred to tion of the proposal and its legislative his- peacekeeping and humanitarian operations; the Department with existing rights to form tory can be found in the accompanying Com- permit agencies to use more ‘‘commercial- a union, the Committee-endorsed legislation mittee report, No. 107–176. allows the Administration to immediately style’’ contracting procedures for tech- The GAC-endorsed legislation will ensure take employees out of collective bargaining nologies or products which are cutting-edge; that information systems are effectively de- and require agencies to do ongoing market to protect national security, but requires the Administration to state clear reasons for ployed in the new Department and govern- research to identify new companies, includ- ment-wide. Improved management of infor- ing small businesses, with new capabilities doing so and allows for due process review. Furthermore, with respect to newly cre- mation resources is a vital aspect of en- to help agencies in the fight against ter- ated offices at the Department, the legisla- hanced homeland security. Federal agencies rorism. tion retains the President’s authority to re- have deployed information systems in stove- Title V also requires that the Comptroller move collective bargaining rights from an pipes, with little thought given to interoper- General complete a review of the extent to entire office by executive order, if the pri- ability with the systems of other agencies. which procurements and services have been mary function of the office is intelligence, Interoperable information systems would made in accordance with this subtitle and counterintelligence, or investigative duties allow for efficient sharing of data and better submit a report on the results of the review. communications between agencies respon- There is a one year sunset for these provi- directly related to terrorism investigation, and if collective bargaining rights cannot be sible for intelligence gathering, border secu- sions. rity, crisis response, and other homeland se- This authority complements the flexible applied consistent with national security. curity missions. Agencies vital to homeland procurement authority in Section 135 con- It is important to remember that bar- security are also plagued by poor informa- cerning R&D and technology prototyping. gaining rights of Federal employees are very tion security and outdated technologies. The Committee-approved legislation au- limited compared to the private sector. Fed- These management challenges need to be ad- thorizes the Secretary to hire experts and eral employees have no right to strike. Most dressed both within the new Department and consultants, in accordance with existing law, have their salary and benefits set in statute. government-wide. for periods of up to one year and subject to And they may not bargain over, or agree to, a pay cap equivalent to the GS–15 level. How- anything that would affect managers’ statu- The legislation contains several new provi- ever, the amendment provides additional hir- tory prerogatives, which include hiring, fir- sions that impose general mandates and es- ing flexibility to the Secretary by expanding ing, assigning personnel and work, as well as tablish accountability mechanisms with re- his authority under current law if necessary taking any necessary action during an emer- spect to information systems within the De- to meet urgent homeland security needs. In gency. partment. The Secretary is required to di- The Committee-approved legislation pro- such cases, the Secretary may obtain per- rect the acquisition and management of the vides that any construction work financed sonal services, including those of experts or Departments information resources, includ- by assistance under this legislation will be consultants, for periods not to exceed one ing the information systems of agencies subject to the Davis-Bacon Act, which re- being transferred into the Department. In year without a ceiling on the amount of quires the payment of prevailing wages. The compensation that may be paid to those in- ensuring proper Department-wide manage- prevailing wage under Davis-Bacon means ment, the Secretary will be assisted by the dividuals. These provisions will allow the the local average wage, as determined by the Secretary to meet critical needs of the De- Chief Information Officer. The Secretary is Secretary of Labor. responsible for making the Department’s in- partment by securing the services of individ- The Davis-Bacon Act itself applies to fed- uals with specialized experience and exper- formation systems effective, efficient, se- eral construction contracts, and, in addition, cure, and interoperable, and will report to tise. Davis-Bacon requirements have been incor- During the Cold War, Presidents acquired Congress on the implementation of an enter- porated into more than 50 program statutes prise architecture for the Department. The the power to take away—by executive that provide assistance to non-federal par- order—the collective bargaining rights of CIO will work closely with the Under Sec- ties for construction. For example, federal retary for Science and Technology on the de- particular agencies or subdivisions when he assistance programs that apply Davis-Bacon determines that national security is at velopment, testing, and deployment of new requirements include: a variety of transpor- IT technologies. stake. Agency managers may also remove tation construction grant programs (includ- The need for more effective cooperation be- from collective bargaining individual em- ing interstate highways, mass transpor- tween agencies such as the FBI, CIA, Depart- ployees engaged in certain kinds of work di- tation, airport improvement); FEMA emer- ment of State, and INS has become obvious, rectly affecting national security, subject to gency preparedness grants; various environ- yet poorly developed information systems review by the independent Federal Labor Re- mental programs (including drinking and lations Authority (FLRA). waste water treatment, and Superfund clean- are getting in the way when technology Most of the tens of thousands of employees up). should be enhancing agencies’ effectiveness. that will make up the new Department will Like these other statutes, the Committee- The federal government has barely addressed be transferred from existing federal agencies, endorsed legislation would require the pay- the inability of agencies to link up their in- and the Congressional Research Service esti- ment of prevailing wages in any construction formation systems. Pursuant to language mates that about 43,000 (mostly in the Cus- supported by assistance under this legisla- proposed by Sen. Durbin, the legislation re- toms Service, the INS, the Coast Guard and tion. For example, under the Emergency Pre- quires the OMB Director to develop a com- FEMA) are now represented by unions. Thus paredness Enhancement Pilot Program prehensive enterprise architecture for infor- far, no President—including President under section 153, the Department may mation systems of agencies related to home- Bush—has tried to deny collective bar- award grants for the deployment of innova- land security, and to make sure agencies im- gaining rights to these workers. Neverthe- tive emergency preparedness technologies. If plement the plan. The architecture and re- less, these existing employees are fearful such a grant is used for construction, the sulting systems must be designed so that they will lose their collective bargaining contractor would have to pay the prevailing they can achieve interoperability between rights simply by virtue of being transferred wage. Section 194 would not affect grant pro- federal agencies responsible for homeland de- to a department organized around a mission grams that are not under this legislation, fense, that they are capable of being de- of homeland security—even if their duties re- even if administered by the Department, ployed quickly and upgraded with improved main substantially the same. however. For example, under the Stafford technologies, and that effective information The Committee-approved legislation seeks Act, Davis-Bacon applies to FEMA grants for security is maintained. The OMB Director to provide these employees some reassur- emergency preparedness, but not to FEMA’s and the Secretary will also facilitate im- ance. It provides that, for offices and em- grants for disaster relief. Thus, disaster re- proved interoperability between information ployees transferred into the Department lief under the Stafford Act will remain ex- systems of Federal, State and local agencies with pre-existing rights to unionize, those empt from Davis-Bacon even after FEMA responsible for homeland defense. rights may not be withdrawn on an office- and its disaster-relief functions are trans- Enterprise architectures require system- wide basis by executive order. However, the ferred to the new Department. atically thinking through the relationship

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8169 between operations and underlying informa- year grants to local communities to hire ad- The Secretary must provide Congress and tion technologies. Used increasingly by in- ditional firefighters. It would fund 75% of a the President with a response to the rec- dustry and some governments, they can re- firefighter’s salary and benefits over three ommendations. duce redundancies, modernize operations, years. Communities applying for grants Pursuant to amendment offered by Senator and improve program performance. under the program would be required to Akaka, for himself and Senator Levin, the The Committee-approved legislation in- present a plan for how they will fund the po- legislation would extend whistleblower pro- cludes a key compromise on the public dis- sition at the conclusion of the third year. tections to airport security screeners. For closure of certain sensitive information that The three-year cost is capped at $100,000 per baggage screeners who are federal employ- may be submitted to the Department—one fire fighter. The amendment authorizes $1 ees, the legislation would extend the same that thoughtfully balances the public’s right billion for FY 2003 and FY 2004 for this pro- whistleblower protections as apply generally to know and the legitimate security con- gram. If fully appropriated, the amendment to federal employees. They are protected cerns of private entities that may share in- would provide funding for as many as 10,000 against retaliation for coming forward with formation with the Department. Specifi- new firefighters each year, able to play a information about a violation of law, rule, or cally, the legislation provides that records vital role in terrorism response. regulation; mismanagement; waste; abuse; or pertaining to the vulnerability of—and The amendment addresses a critical and a danger to health or safety. For airport threats to—critical infrastructure that are urgent need. Federal programs currently screening personnel who are not federal em- voluntarily furnished to the Department and exist to fund training and equipment for fire- ployees, the bill provides the same whistle- that are not customarily made public by the fighters and other first responders, and more blower protections as apply to air carrier provider, are not subject to public disclosure funding for these needs has been proposed in personnel. They are protected against retal- under the Freedom of Information Act. Fur- response to the events of September 11. How- iation for coming forward with information thermore, the provision would not limit the ever, no Federal funds have been made avail- about a violation relating to air carrier safe- disclosure of a record used to satisfy a legal able to fund personnel even though the staff- ty. ing shortage in the nation’s fire departments obligation or to obtain a permit or other Mr. President, I ask unanimous con- government approval, or received by another has reached crisis proportions. Two-thirds of sent to have printed in the RECORD a Federal, State, or local agency independ- all fire departments do not have adequate ently of the Department. staffing, falling below the accepted industry section-by-section analysis and a letter Senators Bennett and Levin offered this consensus standards developed by the Na- dated August 28, 2002. provision at the business meeting. The lan- tional Fire Protection Association. Accord- guage of the provision had also been devel- ing to the International Association of Fire- LEGISLATION TO ESTABLISH A DEPARTMENT OF oped in conjunction with the Chairman of fighters, most fire departments are not able HOMELAND SECURITY AND THE NATIONAL OF- the Judiciary Committee, Senator Leahy. to comply with OSHA’s ‘‘two-in/two-out’’ FICE FOR COMBATING TERRORISM AS SUP- Senator Bennett explained to the Committee standard for safe fire ground operations. PORTED BY BIPARTISAN VOTE OF THE SENATE that the amendment addresses the concerns These standards require that if two fire- GOVERNMENTAL AFFAIRS COMMITTEE of three groups—the federal government, fighters enter a dangerous environment, Sec. 1. Short Title. This Act may be cited which wants to receive information from the there must be at least two firefighters sta- as the ‘‘National Homeland Security and private sector in order to better understand tioned outside to perform a rescue operation Combating Terrorism Act of 2002.’’ and address vulnerabilities and threats to if needed. Sec. 2. Outlines the organization of the Act The International Association of Fire critical infrastructure; the private sector, into 3 divisions: (A) National Homeland Se- Chiefs estimates that 75,000 additional fire which has said it would like to help the gov- curity and Combating Terrorism, (B) Immi- fighters are needed to bring fire department ernment, but not if it would be disadvan- gration Reform, Accountability, and Secu- staffing up to minimally acceptable levels taged by disclosure of sensitive information; rity Enhancement Act of 2002, and (C) Fed- for safety and effective response. In addition, and the public-access and environmental eral Workforce Improvement. communities, which did not want public ac- investigations into firefighter fatalities conducted by the National Institute for Occupa- DIVISION A—NATIONAL HOMELAND SECURITY cess diminished to information that is of im- AND COMBATING TERRORISM portance to the public. Senators Bennett and tional Safety and Health (NIOSH) over the Levin told the Committee that all three of past decade have consistently identified in- Sec. 100. Definitions. Defines terms used in these interested groups found the amend- adequate staffing as either the primary Division A. ment acceptable. Senator Bennett further re- cause or a significant contributing factor to Title I. Department of Homeland Security the death of the firefighter. Clearly, without ported that the Administration had exam- Subtitle A—Establishment of the Department additional assistance, our firefighters’ lives ined the provision and supported it as well. of Homeland Security are being jeopardized. To safeguard against the erosion of non-se- Sec. 101. Establishment of the Department curity programs within the transferred enti- The Carnahan/Collins amendment reflects broad consensus that in order to protect the of Homeland Security. Establishes the De- ties, the revised legislation establishes a re- partment of Homeland Security whose mis- porting requirement designed to monitor the public against acts of terrorism and other dangers, the nation’s fire departments must sion is (1) to promote homeland security, performance of non-homeland security mis- particularly with regard to terrorism; and (2) sions by entities transferred to the Depart- have adequate personnel, training, and equipment. One of the major purposes of the carry out the other functions, and promote ment—pursuant to an amendment by Sen- the other missions, of entities transferred to ators Akaka and Carper. For each of the first Department will be to assess and advocate for the resource needs of State and local gov- the Department as provided by law. The five years after a program or agency is trans- homeland security mission includes preferred to the Department, the relevant Under ernments. The need for more firefighters has already been well documented and thus it is venting terrorist attacks or other homeland Secretary must report to the Secretary, the threats within the United States; reducing Comptroller General, and Congress regarding appropriate that this issue be addressed now. The amendment includes an amendment the vulnerability of the United States; and the performance of that entity, with par- offered by Senators Carper and Torricelli minimizing the damage, and assisting in the ticular emphasis on non-homeland security that authorizes funding for Amtrak to fi- recovery, from terrorist attacks or other missions. These reports shall seek to inven- nance system-wide safety and security, make natural or man-made crises within the tory non-homeland security capabilities, in- life safety improvements to critical rail tun- United States. cluding the personnel, budgets, and flexibili- nels, and help ensure Amtrak has adequate Sec. 102. Secretary of Homeland Security. ties used to carry out those functions. The fleet capacity in the event of a national se- States that the Secretary of Homeland Secu- reports shall include information regarding curity emergency. This funding is authorized rity shall be appointed by the President and whether any changes are required to enable to be appropriated to the Department over confirmed by the Senate. This section out- the transferred entities to continue to carry two years for Amtrak and will remain avail- lines the Secretary’s broad responsibilities out non-homeland security missions without able until obligated. for developing policies, goals, objectives, pri- diminishment. Under another provision, the Pursuant to an amendment by Sen. Dur- orities and plans for the promotion of home- Comptroller General is also required to sub- bin, the GAC-endorsed legislation would re- land security, which include: developing a mit reports to Congress that include an eval- quire the Secretary to enter into an agree- national strategy with the Director of the uation of how successfully the Department is ment with and provide funding to the Na- National Office for Combating Terrorism (es- meeting homeland security and other mis- tional Academy of Sciences to conduct a de- tablished in Titles II and III), and advising sions. tailed and comprehensive review of Federal the Director on the development of a com- FIREFIGHTERS statutes and regulations affecting the safety prehensive budget for programs under the The legislation includes an amendment by and security of the food supply and to review strategy. The Secretary is also responsible Senators Carnahan and Collins to provide the efficiency and effectiveness of the orga- for including State and local governments federal assistance to local communities to nizational structure of Federal food safety and other entities into the full range of hire additional firefighters, who clearly play oversight. It requires the Academy to report homeland security activities; consulting a critical first responder role for terrorist its findings, conclusions, and recommenda- with the Secretary of Defense and State gov- threats. The amendment amends the Federal tions, to Congress not later than 1 year after ernors regarding integration of the United Fire Prevention and Control Act of 1974 to enactment of this Act and spells out the States military, including the National authorize the Director of FEMA to award 3– issues that must be addressed in the report. Guard, into all aspects of the strategy and

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8170 CONGRESSIONAL RECORD — SENATE September 4, 2002 its implementation, including detection, pre- Sec. 108. Chief Information Officer. Estab- training for agents and analysts from within vention, protection, response and recovery, lishes a Chief Information Officer (CIO) to the Department, other agencies, State and as well as training of personnel to respond to assist the Secretary with Department-wide local agencies and international entities terrorist attacks involving chemical or bio- information resources management. that have partnerships with the Federal Law logical agents; and developing an enterprise Sec. 109. General Counsel. Establishes a Enforcement Training Center. Authorities, architecture for Department-wide informa- General Counsel, appointed subject to Senate functions, personnel, and assets are trans- tion technology. In addition, the Secretary confirmation, to serve as the chief legal offi- ferred from the Customs Service, which shall is responsible for administering the Home- cer of the Department. be maintained as a distinct entity; the Coast land Security Advisory System and for annu- Sec. 110. Civil Rights Officer. Establishes a Guard, which shall also be maintained as a ally reviewing and updating the Federal Re- Civil Rights Officer, appointed by the Presi- distinct entity and shall report directly to sponse Plan for homeland security and emer- dent and confirmed by the Senate, who shall the Secretary; that portion of the Animal gency preparedness. be responsible for, among other duties, en- Plant and Health Inspection Service of the Sec. 102—subsection (c). Visa Issuance. suring compliance with all civil rights laws Department of Agriculture which admin- Vests in the Secretary authority to issue and regulations applicable to Department isters laws relating to agricultural quar- regulations with respect to visas and other employees and participants in Department antine inspections at points of entry; the immigration and nationality laws imple- programs and overseeing compliance with Transportation Security Administration of mented by consular officers. The Secretary statutory and constitutional requirements the Department of Transportation; and the is also authorized to assign employees of the related to the civil rights of individuals af- Federal Law Enforcement Training Center of Department to diplomatic and consular posts fected by the Department’s programs and ac- the Department of Treasury (a center which to advise consular officers regarding specific tivities. provides training to law enforcement officers security threats relating to the adjudication Sec. 111. Privacy Officer. Establishes a Pri- of 70 Federal partner agencies). Sec. 131 subsection (d)—Exercise of Cus- of visa applications, review applications, and vacy Officer, appointed by the Secretary, toms Revenue Functions. Notwithstanding investigate matters under the jurisdiction of who will oversee compliance with the Pri- the transfer of authorities, functions, per- the Secretary. The Secretary of State may vacy Act and other applicable laws relating sonnel, and assets from the Customs Service, direct a consular officer to refuse a visa in to the privacy of personal information. The the foreign policy or security interests of the the Secretary of the Treasury shall retain Privacy Officer will assist the Department authority to issue regulations governing cus- United States. with the development and implementation of Sec. 102—subsection (d). Amends the Na- toms revenue functions, with the concur- policies and procedures to ensure that pri- tional Security Act to include the Secretary rence of the Secretary and with the assist- vacy considerations and safeguards are in- as a member of the National Security Coun- ance of the Customs Service. The Customs corporated and implemented in programs cil. Service is responsible for administering and Sec 103. Deputy Secretary. Establishes a and activities; and that information is han- enforcing the laws regarding customs rev- Deputy Secretary for Homeland Security, dled in a manner that minimizes the risks of enue functions, which include: assessing, col- appointed subject to Senate confirmation, harm to individuals from inappropriate dis- lecting and refunding duties, taxes and fees responsible for assisting the Secretary in the closure. on imported goods; administering import administration and operations of the Depart- Sec. 112. Chief Human Capital Officer. quotas and labeling requirements; collecting ment. States that the Secretary shall appoint or import data needed to compile international Sec. 104. Under Secretary for Management. designate a Chief Human Capital Officer to trade statistics; and administering recip- Establishes an Under Secretary for Manage- advise and assist the Department on work- rocal trade agreements and trade preference ment, appointed subject to Senate confirma- force skills, training, recruitment, retention, legislation. These regulations will be admin- tion, who will be responsible for the manage- and other issues necessary to attract and re- istered by the Secretary. Within 60 days, the ment and administration of the Department, tain a highly qualified workforce. Secretary of the Treasury will submit rec- including the budget and appropriations, Sec. 113. Office of International Affairs. ommendations to Congress regarding the ap- procurement, human resources and per- Creates Office of International Affairs within propriate allocation of legal authorities re- sonnel, information technology, facilities the Office of the Secretary, headed by a Di- lating to these functions. and property, and other functions. rector, who shall be responsible for: pro- Sec. 131 subsection (e)—Preserving Coast Sec. 105. Assistant Secretaries. Establishes moting information and education exchange Guard Mission Performance. Preserves the not more than 5 Assistant Secretaries, ap- with foreign nations, including joint re- structural and operational integrity of the pointed subject to Senate confirmation. search and development on countermeasures, Coast Guard, the authority of the Com- When submitting the name of an individual joint training exercises of first responders, mandant, the non-homeland security mis- to the Senate for confirmation, the Presi- and exchange of expertise on terrorism pre- sions of the Coast Guard and the Coast dent shall describe the general responsibil- vention, response and crisis management; Guard’s capabilities to carry out these mis- ities that the appointee will exercise and, planning international conferences, ex- sions even as it is transferred to the new De- subject to that, the Secretary shall assign change programs and training activities; and partment. The Coast Guard must be main- each Assistant Secretary such functions as managing international activities within the tained intact and without reduction after the Secretary considers appropriate. Department in consultation with the Depart- transfer to the Department unless Congress Sec. 106. Inspector General. Provides that ment of State and other relevant Federal of- legislates otherwise. No missions, functions, there shall be an Inspector General (IG) in ficials. The Director shall initially con- personnel or assets may be controlled by, or the Department subject to the Inspector centrate on fostering cooperation with coun- diverted to the principal and continuing use General Act of 1978 (5 U.S.C. App), who, tries that are already highly focused on of any other part of the Department. The under the Inspector General Act, will be ap- homeland security issues and have been co- Secretary may not make a substantial pointed subject to Senate confirmation. The operative with the United States in the area change to the Coast Guard’s non-security Secretary may prohibit the IG from carrying of counterterrorism. missions or capabilities without prior Con- out audits or performing other duties if the Sec. 114. Executive Schedule Positions. Es- gressional approval by statute. However, the Secretary determines it necessary to prevent tablishes the Executive Schedule levels for President may waive this restriction for up the disclosure of certain sensitive informa- the Secretary, Deputy Secretary, Under Sec- to 90 days if he certifies to Congress that tion, preserve national security, or prevent retaries, Assistant Secretaries, and other there is a clear, compelling and immediate significant impairment to the national inter- senior officers. state of national emergency. None of these est. The IG must notify Congress when the Subtitle B—Establishment of Directorates and conditions shall apply when the Coast Guard Secretary exercises these powers. The IG Offices operates as a service in the Navy under sec- also shall have oversight over internal inves- tion 3 of title 14, United States Code. tigations performed by any other investiga- Sec. 131. Directorate of Border and Trans- The Coast Guard will report directly to the tory offices where they exist in the Depart- portation Protection. Establishes a Direc- Secretary. The Inspector General of the De- ment’s subagencies. The Inspector General torate of Border and Transportation Protec- partment will conduct an annual review to shall also designate one official to review in- tion which shall be headed by an Under Sec- assess the Coast Guard’s performance, par- formation and receive complaints alleging retary who is appointed by the President ticularly with respect to non-security mis- abuses of civil rights and civil liberties by with the advice and consent of the Senate. sions. employees and officials of the Department; The Directorate shall be responsible for se- Sec. 132. Directorate of Intelligence. Estab- publicize information on the responsibilities curing borders, territorial waters, ports, wa- lishes a Directorate of Intelligence, headed and functions of the official; and submit terways, air, land, and sea transportation by an Under Secretary appointed by the semi-annual reports to Congress describing systems, including coordinating govern- President by and with the advice and con- the implementation of this section. (The mental activities at ports of entry. It shall sent of the Senate. The Directorate shall civil rights language parallels a USA Patriot also be responsible for using intelligence to serve as a national-level focal point for the Act provision requiring the designation of a establish inspection priorities for agricul- analysis of information available to the similar official in the Justice Department’s tural products and livestock from locations United States Government relating to the IG office.) suspected of terrorist activities, harboring plans, intentions, and capabilities of terror- Sec. 107. Chief Financial Officer. Estab- terrorists, or of having unusual human ists and terrorist organizations for the pur- lishes a Chief Financial Officer (CFO), ap- health or agriculture disease outbreaks. In pose of supporting the mission of the Depart- pointed subject to Senate confirmation. addition, it shall provide agency-specific ment. The Directorate shall communicate,

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8171 coordinate, and cooperate with the intel- Critical Infrastructure Protection which sponse which shall be headed by an Under ligence community and other agencies as de- shall be headed by an Under Secretary who is Secretary appointed by the President and termined by the Secretary. The Director of appointed by the President with the advice confirmed by the Senate. Among other du- Central Intelligence’s Counterterrorist Cen- and consent of the Senate. Among other duties, the Directorate shall be responsible for ter shall have primary responsibility for the ties, the Directorate shall be responsible for: carrying out Federal emergency prepared- analysis of foreign intelligence relating to receiving relevant intelligence from the Di- ness and response activities; providing State international terrorism. The Directorate of rectorate of Intelligence, law enforcement and local authorities with equipment for de- Intelligence may conduct supplemental anal- information and other information to com- tection, protection, and decontamination in ysis of foreign intelligence relating to prehensively assess the vulnerabilities of an emergency involving weapons of mass de- threats of terrorism against the United key resources and critical infrastructures; struction; overseeing Federal, State and States. identifying priorities and supporting protec- local emergency preparedness training and In general, the Directorate shall be respon- tive measures by the Department and other exercise programs; developing and managing sible for receiving and analyzing law enforce- entities; developing a comprehensive na- a single response system for national inci- ment information, intelligence and other in- tional plan for securing key resources and dents; managing and updating a Federal dis- formation to detect and identify specific critical infrastructure (as part of the Na- aster response plan; using the resources of threats of terrorism; working with the Direc- tional Strategy described in Title III); estab- both human and animal health communities tor of Central Intelligence and the intel- lishing specialized research and analysis in emergency planning and response activi- ligence community to establish overall intel- units to identify vulnerabilities and protec- ties; creating a National Crisis Action Cen- ligence priorities; requesting additional in- tive measures in key areas of critical infra- ter to coordinate Federal support for State formation; disseminating information to structure, as well as other systems or facili- and local governments and the private sector other entities, including state and local law ties whose destruction or disruption could in a crisis; coordinating and integrating enforcement, to assist in deterring, pre- cause substantial harm to health, safety, operational activities of the Department of venting and responding to terrorism and property, or the environment; enhancing and Defense, the National Guard, and other Fed- other threats; establishing, in conjunction sharing of information regarding cyber-secu- eral agencies into the Federal response plan; with other appropriate officials, secure com- rity and physical security, developing secu- managing, in consultation with the Under munications and information technology in- rity standards, tracking vulnerabilities, pro- Secretary of Science and Technology and the frastructure, and advanced analytical tools; posing improved risk management policies, Centers for Disease Control, the Select and ensuring that all material received by and delineating the roles of various govern- Agent Registration Program; overseeing the the Department is protected against unau- mental agencies in preventing, defending, Centers for Disease Control’s management of thorized disclosure and handled consistent and recovering from attacks; and working the Strategic National Stockpile of drugs, with the authority of the Director of Central with the Department of State and other ap- biologics, and devices, which is transferred Intelligence to protect sources and methods, propriate agencies to help establish cyber se- to the Department; and developing a com- and similar authorities of the Attorney Gen- curity policy, standards and enforcement prehensive plan to address the interface of eral concerning sensitive law enforcement mechanisms. The Directorate will also be re- medical informatics and the medical re- information. The Directorate is also respon- sponsible for establishing the necessary or- sponse to terrorism. sible for providing training and other sup- ganizational structure to provide leadership The authorities, functions, personnel and port to providers of information to the De- and focus on both cyber-security and phys- assets of the following entities are trans- partment or consumers of information from ical security, and ensuring the maintenance ferred: the Federal Emergency Management the Department; and making recommenda- of a nucleus of cyber and physical security Agency; the National Office of Domestic Pre- tions to the Secretary for improving policies experts in the United States Government. paredness of the Federal Bureau of Investiga- and procedures governing sharing of law en- The authorities, functions, personnel and tion of the Department of Justice (created forcement, intelligence, and other informa- assets of the following offices are transferred by the Attorney General in 1998 to coordi- tion within the Federal government and be- to the Department: (1) the Critical Infra- nate and facilitate federal efforts to assist tween the Federal government and state and structure Assurance Office of the Depart- state and local emergency responders with local governments and law enforcement ment of Commerce, (established by Presi- training and materials necessary to respond agencies. The Directorate shall be staffed, in dential Decision Directive 63 in 1998 to co- to an event involving weapons of mass depart, by analysts via reimbursable detail ordinate federal initiatives on critical infra- struction); the Office of Domestic Prepared- from agencies of the intelligence commu- structure); (2) The National Infrastructure ness of the Department of Justice (developed nity. Protection Center of the Federal Bureau of to assist in the training of state and local Sec. 132 subsection (c)—Access to Informa- Investigation (other than the Computer In- law enforcement agencies to respond to ter- tion. Provides that, unless otherwise di- vestigations and Operations Section); (3) the rorist incidents); the Office of Emergency rected by the President, the Secretary shall National Communications System of the De- Preparedness within the Office of the Assist- have access to, and agencies shall provide, partment of Defense (established by Execu- ant Secretary for Public Health Emergency all reports, assessments, analytical informa- tive Order in 1984 to assist the President and Preparedness of the Department of Health tion, and information, including unevaluated others in (a) the exercise of telecommuni- and Human Services (HHS) (responsible for intelligence, relating to the plans, inten- cations functions and (b) coordinating the coordinating HHS efforts to plan and prepare tions, capabilities, and activities of terrorist planning for and provision of national secu- for a national response to medical emer- organizations and to other areas of responsi- rity and emergency preparedness commu- gencies arising from the use of weapons of bility that may be collected, possessed, or prepared by any other United States govern- nications); (4) the Computer Security Divi- mass destruction); the Strategic National ment agency. As the President may further sion of the National Institute of Standards Stockpile of the Department of Health and provide, the Secretary shall receive addi- and Technology (NIST) of the Department of Human Services; and the functions of the Se- tional information requested by the Sec- Commerce (the NIST division that is tasked lect Agent Registration Program (HHS) and retary. The Secretary may enter into cooper- with improving information systems secu- the United States Department of Agriculture ative agreements with agencies, and regard- rity); (5) The National Infrastructure Sim- (USDA) (a program designed to identify all less of whether the Secretary has entered ulation and Analysis Center of the Depart- biological agents and toxins that have the into any such cooperative agreement, all ment of Energy (established to serve as a potential to pose severe threats to public agencies shall promptly provide information source of national competence to address health and safety, regulate the transfer of to the Secretary. critical infrastructure protection and con- such agents and toxins, and establish a reg- Sec. 132 subsection (e)—Additional Respon- tinuity through support for activities related istration scheme regulating their possession, sibilities. The Under Secretary for Intel- to counterterrorism, threat assessment, and use and transfer). ligence is also responsible for developing risk mitigation); (6) The Federal Computer Sec. 135. Directorate of Science and Tech- analyses concerning the means terrorists Incident Response Center of the General nology. Establishes a Directorate of Science might employ to exploit vulnerabilities in Service Administration (a partnership of and Technology which shall be headed by an homeland security infrastructure; devel- computer incident response, security, and Under Secretary appointed by the President oping and conducting experiments, tests and law enforcement personnel to share informa- with the advice and consent of the Senate. inspections to test weaknesses in homeland tion on and handle computer security inci- The Directorate will support the mission of defenses; developing and practicing counter- dents); (7) The Energy Security and Assur- the Department by (1) managing and sup- surveillance techniques to prevent attacks; ance Program of the Department of Energy porting research and development activities conducting risk assessments to determine (a national security program to help reduce to meet national homeland security needs the risk posed by specific kinds of terrorist America’s energy supply vulnerability from and objectives; (2) articulating national re- attacks; and working with the Directorate of severe disruptions due to natural or malevo- search and development goals, priorities, and Critical Infrastructure Protection, other lent causes); and (8) The Federal Protective strategies pursuant to the mission of the De- agencies, State and local governments, the Service of the General Services Administra- partment; (3) coordinating with entities private sector and local law enforcement and tion (GSA) (which oversees security at Fed- within and outside the Department to ad- intelligence agencies to address eral property managed by GSA). vance the research and development agenda vulnerabilities. Sec. 134. Directorate of Emergency Pre- of the Department; (4) advising the Sec- Sec. 133. Directorate of Critical Infrastruc- paredness and Response. Establishes a Direc- retary of the Department on all scientific ture Protection. Establishes a Directorate of torate of Emergency Preparedness and Re- and technical matters; and, (5) facilitating

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8172 CONGRESSIONAL RECORD — SENATE September 4, 2002 the transfer and deployment of technologies Bio-Weapons Defense Analysis Center which merce, and enhanced scrutiny for high risk crucial to homeland security needs. To fulfill is transferred from the Department of De- traffic, travel and commerce; and identify the mission of the Directorate, the Under fense. The Office shall also administer the systemic problems in coordination with bor- Secretary will be responsible for, among disbursement and undertake oversight of re- der security agencies and propose changes to other things, developing a technology road- search and development funds transferred to mitigate such problems. The Secretary shall map biannually for achieving technological HHS and other agencies outside the Depart- consult with and may include representa- goals relevant to homeland security; insti- ment, and shall have a Science Advisor for tives of such agencies in Working Group de- tuting mechanisms to promote, facilitate, bioterrorism. This section also requires the liberations as appropriate. and expedite the transfer and deployment of Secretary to develop a comprehensive long- Sec. 140. Executive Schedule Positions. technologies relevant to homeland security term strategy and plan for engaging for-prof- Adds the appropriate Under Secretaries needs, including dual-use capabilities; estab- it and other non-Federal entities in research, within the Department to the Executive lishing mechanisms for sharing research and development, and production of homeland se- Schedule. technology developments and opportunities curity countermeasures for biological, chem- Subtitle C—National Emergency Preparedness with appropriate Federal, State, local, and ical, and radiological weapons. Enhancement—The National Emergency private sector entities; and, establishing in Sec. 136. Directorate of Immigration Af- Preparedness Enhancement Act of 2002 coordination with the appropriate Under fairs. Establishes a Directorate of Immigra- Sec. 151. Short Title. Secretaries, a National Emergency Tech- tion Affairs to carry out all functions of that Sec. 152. Preparedness Information and nology Guard (NET Guard) comprised of vol- Directorate in accordance with Division B of Education. Establishes a Clearinghouse on unteers with expertise in science and tech- the Act. Emergency Preparedness, headed by a direc- nology to assist local communities in re- Sec. 137. Office for State and Local Govern- tor, who will consult with Federal agencies, sponding to and recovering from emergency ment Coordination. Establishes within the task forces and others to collect information contingencies. Office of the Secretary an office to oversee on emergency preparedness, including infor- This section authorizes the Secretary to and coordinate programs for and relation- mation relevant to the Strategy. The Clear- exercise certain transactional and hiring au- ships with State and local governments; as- inghouse will ensure efficient dissemination thorities relating to research and develop- sess, and advocate for, the resources needed of emergency preparedness information; es- ment and the Secretary shall have the au- by State and local governments to imple- tablish a one-stop shop for emergency pre- thority to transfer funds to agencies. Addi- ment the National Strategy for combating paredness information, including a web site; tionally, DHS will help direct the use of bioterrorism; provide State and local govern- terrorism-related funds, appropriated to ments with regular information, research develop an ongoing public awareness cam- NIH, through joint strategic agreements be- and technical support; and develop a process paign, including a theme to be implemented tween the Secretary of HHS and the Sec- for receiving meaningful input from State annually during National Emergency Pre- retary of DHS. Under such agreements, the and local governments to assist in the devel- paredness Week; and compile and dissemi- Secretary of DHS will have the authority to opment of the National Strategy and other nate information on best practices for emer- determine the broad, general research prior- homeland security activities. The Secretary gency preparedness. Sec. 153. Pilot Program. Authorizes the De- ities, while the Secretary of HHS will have shall appoint a Chief Homeland Security Li- partment to award grants to private entities the authority to set the specific, scientific aison Officer, who shall coordinate the ac- research agenda. NIH will continue to man- tivities of homeland security liaison officers to pay the Federal share of the cost of image and award all funds. The Secretary is in each state. The officers shall coordinate proving emergency preparedness and of edu- also able to contract with existing Federally between the Department and State and local cating employees and others using the enti- Funded Research and Development Centers first responders, provide training for State ties’ facilities about emergency prepared- (FFRDCs), or establish such centers. This and local entities, identify homeland secu- ness. The Federal share of the cost shall be section also establishes an Acceleration rity functions in which the Federal role du- 50 percent, up to a maximum of $250,000 per Fund, to be administered by the Security plicates the State or local role and rec- grant recipient. There are authorized to be Advanced Research Projects Agency ommend ways to reduce inefficiencies, and appropriated $5,000,000 for each of fiscal (SARPA), to stimulate research and develop- assist State and local entities in priority set- years FY 2003 through 2005 for such grants. ment projects; the Fund is authorized to re- ting based on discovered needs of first re- Sec. 154. Designation of National Emer- ceive an appropriation of $200,000,000 for fis- sponder organizations. Establishes the Inter- gency Preparedness Week. Designates each cal year 2003 and such sums as are necessary agency Committee on First Responders, week that includes September 11 as ‘‘Na- in subsequent fiscal years. Through a joint composed of the Chief Homeland Security tional Emergency Preparedness Week’’ and agreement with the Coast Guard, ten percent Liaison Officer and representatives from requests that the President issue a procla- of the Acceleration Fund is to be allocated Federal agencies including HHS, CDC, mation each year to observe the week with to Coast Guard homeland security missions FEMA, Coast Guard, DoD, FBI and others, appropriate programs and activities. In con- for FY’04 and FY’05. who will ensure coordination among the Fed- junction with the week, the head of each The Directorate also establishes several eral agencies involved with State and local Federal agency, as appropriate, shall coordi- mechanisms to promote research and devel- first responders, identify community-based nate with the Department to inform and edu- opment activities. These include: (1) a first responder needs, recommend new or ex- cate the private sector and the general pub- Science and Technology Council composed of panded grant programs to improve local first lic about emergency preparedness activities, senior research and development officials to, responder services, and find ways to stream- and tools, giving a high priority to efforts among other things, provide the Under Sec- line support by Federal agencies for local designed to address terrorist attacks. retary with recommendations on priorities first responders. Also establishes the Advi- Subtitle D—Miscellaneous Provisions and strategies, and facilitate coordination sory Council for the Interagency Committee, Sec. 161. National Biological and Chemical among agencies, the private sector, and aca- which shall be composed of no more than 13 Weapons Defense Analysis Center. Estab- demia; (2) the Security Advanced Research members representing community-based lishes within the Department of Defense a Projects Agency (SARPA) to undertake and first responders from both urban and rural National Biological and Chemical Weapons stimulate basic and applied research, lever- communities. Defense Analysis Center to develop counter- age existing research and development, and Sec. 138. United States Secret Service. measures to potential attacks by terrorists accelerate the transition and deployment of Transfers the authorities, functions, per- using biological or chemical weapons that technologies; (3) an Office of Risk Analysis sonnel and assets of the United States Secret are weapons of mass destruction, and des- and Assessment to, among other duties, con- Service, which shall be maintained as a dis- ignates it for transfer to the Department. duct and commission studies of threat as- tinct entity reporting directly to the Sec- Sec. 162. Review of Food Safety. Requires sessment and risk analysis to help guide the retary. the Secretary to enter into an agreement research priorities of the Department; (4) an Sec. 139. Border Coordination Working with and provide funding to the National Office of Technology Evaluation and Transi- Group. Requires the Secretary to establish a Academy of Sciences to conduct a detailed tion to serve as the principal clearinghouse border security working group with the and comprehensive review of Federal stat- for receiving and evaluating proposals for in- Under Secretaries for Border and Transpor- utes and regulations affecting the safety and novative technologies; (5) an Office for Na- tation Security and for Immigration Affairs. security of the food supply and to review the tional Laboratories, which shall enter, on be- The Working Group would, with respect to efficiency and effectiveness of the organiza- half of the Department, into joint sponsor- all border security functions, develop coordi- tional structure of Federal food safety over- ship agreements with the Department of En- nated budget requests, allocations of appro- sight. Requires the Academy to report its ergy (DOE) to coordinate and utilize the re- priations, staffing requirements, commu- findings and conclusions, and recommenda- sources and expertise of DOE national lab- nication and in other areas; coordinate joint tions, to Congress not later than 1 year after oratories and sites; and, (6) an Office of Lab- and cross-training programs for personnel; enactment of this Act and prescribes the oratory Research, which shall incorporate monitor, evaluate and make improvements issues which shall be addressed in the report. personnel, functions, and assets from several in the coverage and geographic distribution The Secretary is further required to provide programs and activities transferred from of border security programs and personnel; Congress and the President a response to the DOE that are related to chemical and bio- develop and implement policies and tech- recommendations. logical security, nuclear smuggling, and nu- nologies to ensure the speedy, orderly and ef- Sec. 163. Exchange of Employees between clear assessment, as well as the National ficient flow of lawful traffic, travel and com- agencies and State and Local governments.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8173 Authorizes the Secretary to establish an em- Sec. 170. Review of Transportation Secu- cy is transferred to the Department, the ployee exchange program under existing pro- rity Enhancements. Requires the Comp- President may transfer any agency estab- visions of Title 5, United States Code to im- troller General to prepare and submit a re- lished to carry out or support adjudicatory prove the coordination of antiterrorism pro- port to Congress within one year that re- or review functions in relation to the trans- grams and activities between the Depart- views all available intelligence on terrorist ferred agency. However, the President would ment and State and local governments. An threats against aviation, seaport, rail and not be authorized to transfer the Executive employee of the Department may be detailed transit facilities; reviews all available infor- Office of Immigration Review in the Justice to a State or local government, and State mation on the vulnerabilities of such facili- Department under this section. The transfer and local government employees may be de- ties; and reviews the steps taken by agencies of an agency that is part of a department tailed to the Department under this pro- since September 11 to improve security at will include the transfer of related secre- gram. The section requires that employees such facilities to determine the effectiveness tarial functions to the new Secretary of assigned under this program have appro- of those measures at protecting passengers Homeland Security. priate training and experience and that the and transportation infrastructure from ter- Sec. 185. Implementation Progress Reports program be implemented in a manner that rorist attack. The report shall also include and Legislative Recommendations. Provides appropriately safeguards classified and other proposed steps to reduce deficiencies found that the Secretary shall prepare and submit sensitive information. in aviation, seaport, rail and transit secu- to Congress a series of Implementation Sec. 164. Whistleblower Protection for Fed- rity, and the costs of implementing those Progress Reports. The initial report is due eral Employees Who are Airport Security steps. Within 90 days after the report is sub- not later than 6 months after the date of en- Screeners. Extends to federal employees who mitted to the Secretary, the Secretary shall actment. Additional reports are due every are baggage screeners for the Transportation provide to Congress and the President the six months until the final report which will Security Agency the same whistleblower Department’s response to the report and its be due not later than 6 months after the protections as apply generally to federal em- recommendations to further protect pas- transfer is completed. ployees. They are protected against retalia- sengers and infrastructure from terrorist at- Sec. 185 subsection (c)—Contents. This sub- tion for coming forward with information tack. section specifies the information to be pro- about a violation, mismanagement, waste, Sec. 171. Interoperability of Information vided. Reports will describe the steps needed abuse, or a danger to health or safety. to transfer and incorporate agencies into the Sec. 165. Whistleblower Protection for Cer- Systems. Requires the Director of the Office of Management and Budget, in consultation Department, a timetable, and a progress retain Airport Employees. Extends to airport port on meeting the schedule. Reports will screening personnel who are not federal em- with the Secretary, to develop an enterprise architecture to achieve interoperability also include information workforce planning, ployees the same whistleblower protections information technology matters, and other as apply to air carrier personnel. They are among information systems of federal agencies with responsibility for homeland secu- matters necessary for the successful imple- protected against retaliation for coming for- mentation of the transition. ward with information about a violation re- rity, and to establish timetables for implementation. The Director will ensure the im- Sec. 185 subsection (d)—Legislative Rec- lating to air carrier safety. ommendations. Calls upon the Secretary to Sec. 166. Bioterrorism Preparedness and plementation of the architecture by federal agencies, and report to Congress on progress submit recommendations for legislation that Response Division. This section establishes a the Secretary determines necessary as part Bioterrorism Preparedness and Response Di- achieved. The architecture must be designed so that information systems can be deployed of each semi-annual implementation vision within the Centers for Disease Control progress report. If the legislative rec- and Prevention. This new division will lead rapidly and upgraded with new technologies, and must be highly secure. The section also ommendations are ready sooner, the bill spe- and coordinate the counter-bioterrorism ef- cifically invites the Secretary to submit forts of the CDC, as well as serve as the focal requires the Director, in consultation with them in advance of the balance of the report. point for coordination and communication the Secretary, to develop a plan to achieve The Secretary is to provide recommended between the CDC and both the public health interoperability among the information sys- legislation that would, among other things, community and the Department of Home- tems of federal, state, and local agencies facilitate the integration of transferred enti- land Security. Additionally, this division with responsibility for homeland security, ties into the Department; reorganize within will train public health personnel in re- and to report to Congress on progress the Department, or provide the Secretary ad- sponses to bioterrorism. achieved. Sec. 167. Coordination with the Depart- Sec. 172. Extension of Customs User Fees. ditional authority to do so; address inequi- ment of Health and Human Services under Extends customs user fees by six months to ties in pay or other terms and conditions of the Public Health Service Act. This section March 31, 2004. The two fees covered include employment; enable the Secretary to engage ensures that the Federal Response Plan is the merchandise processing fee and a fee on in essential procurement; and otherwise help consistent with Section 319 of the Public passengers and conveyances. further the mission of the Department. Sec. 186. Transfer and Allocation. Provides Health Service Act, which grants the Sec- Subtitle E—Transition Provisions retary of Health and Human Services author- that, except where otherwise provided in this Sec. 181. Definitions. Defines the term ity to act in the event of a public health title, personnel employed in connection ‘‘agency,’’ for purposes of subtitle E, to in- emergency. with, and the assets, liabilities, contracts, Sec. 168. Rail Security Enhancements. Au- clude any entity, organizational unit, or property records, and any unexpended bal- thorizes grants over a 2-year period for the function transferred or to be transferred ance on appropriations, authorizations, allo- benefit of Amtrak, including $375 million for under this title. Defines the term ‘‘transition cations and other funds related to the func- the cost of enhancements to security and period’’ to mean the 12-month period begin- tions and entities transferred, shall be trans- safety of Amtrak rail passenger service; $778 ning with the effective date of Division A. ferred to the Secretary as appropriate, sub- million for life safety improvements to Am- Sec. 182. Transfer of Agencies. Provides ject to the approval of the Director of the Of- trak tunnels between New York and Wash- that the transfer of an agency to the Depart- fice of Management and Budget and subject ington built between 1872 and 1910; and $55 ment shall occur when the President directs, to applicable laws on the transfer of appro- million for emergency repair and return to but in no event later than the end of the priated funds. Unexpended funds transferred service of Amtrak passenger cars and loco- transition period. pursuant to this section shall be used only motives. This money will remain available Sec. 183. Transitional Authorities. Pro- for purposes for which the funds were origi- until expended. vides that until an agency is transferred, ex- nally authorized and appropriated. Sec. 169. Grants for Firefighting Personnel. isting officials shall provide the Secretary Sec. 187. Savings Provisions. In general, This section amends the Federal Fire Pre- such assistance as he may request in pre- this section provides that all orders, deter- vention and Control Act of 1974 (15 U.S.C. paring for the integration of the agency into minations, rules, regulations, permits, agree- 2229), as amended, to provide grants to hire the Department and may detail personnel to ments, contracts, recognitions of labor orga- employees engaged in fire protection. Grants assist with the transition on a reimbursable nizations, collective bargaining agreements shall be awarded for a 3-year period. The basis. During the transition period the Presi- and other administrative actions in effect at total amount shall not exceed $100,000 per dent may designate any officer who has been the time this Division takes effect shall con- firefighter, indexed for inflation, over the 3- confirmed by the Senate, and who continues tinue in effect according to their terms until year grant period. The Federal grant shall as such an officer, to act until the office is modified or revoked. Certain proceedings, not exceed 75 percent of the total salary and filled, subject to the time limits in the Va- such as notices of proposed rulemaking or benefits cost for additional firefighters cancies Act. A Senate-confirmed officer of an applications for licenses, permits, or finan- hired. The Director may waive the 25 percent agency transferred to the Department may cial assistance pending at the time this title non-Federal match for a jurisdiction of 50,000 be appointed to a Departmental office with takes effect shall also continue. Suits and or fewer residents or in cases of extreme equivalent authorities and responsibilities other proceedings commenced before the ef- hardship. Grants may only be used for addi- without being again confirmed by the Senate fective date of this Act are also not affected. tional firefighting personnel, and shall not for the new position. Administrative actions by an agency relat- be used to supplant funding allocated for per- Sec. 184. Incidental Transfers and Transfer ing to a function transferred under this title sonnel from State and local sources. of Related Functions. The Director of OMB, may be continued by the Department. $1,000,000,000 is authorized for each of fiscal in consultation with the Secretary, may Sec. 187 subsection (f)(1). Employee Rights. years 2003 and 2004 for grants under this sub- make additional incidental transfers of per- This subsection is intended to assure em- section. sonnel and assets. Also, at any time an agen- ployees in agencies transferred to the new

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8174 CONGRESSIONAL RECORD — SENATE September 4, 2002 Department that they can keep their collec- may delegate any of the functions of the Sec- request, each budget request shall be accom- tive bargaining rights unless their job retary and authorize successive redelega- panied by a Future Years Homeland Security changes and there is an actual national secu- tions to other officers or employees of the Program, reflecting the estimated expendi- rity basis for taking those rights away. For Department. However, any function vested tures and proposed appropriations included agencies transferred to the Department sub- by law, or assigned by this title, to an orga- in that budget covering the fiscal year with ject to pre-existing rights to form a union, nizational unit of the Department or to the respect to which the budget is submitted and the President may not terminate those head of an organizational unit may not be at least the four succeeding fiscal years. rights agency-wide by executive order. How- delegated outside of that unit. Sec. 198. Protection of Voluntarily Fur- ever, such rights may be withdrawn from in- Sec. 192. Reporting Requirements. Requires nished Confidential Information. Records dividual employees at the Department if the Comptroller General of the United States pertaining to the vulnerability of, and their primary job duties materially change to submit to Congress a report not later than threats to, critical infrastructure that are and consist of intelligence, counterintel- 15 months after the effective date of this di- voluntarily furnished to the Department and ligence, or investigative duties directly revision and each year for the succeeding five that are not customarily made public by the lated to terrorism investigation and if it is years containing an evaluation of the provider are not subject to public disclosure demonstrated that collective bargaining progress reports submitted under section 185 under the Freedom of Information Act. This provision would not cover records submitted would adversely affect national security. Ap- and the findings, conclusions and rec- to satisfy legal requirements or to obtain plying this standard under existing proce- ommendations of the Comptroller General permits or other approvals, and would not dures, managers at the Department may act concerning how successfully the Department cover information that another Federal, immediately to remove individual employees is meeting the homeland security missions of the Department and the other missions of State or local agency receives independently from collective bargaining upon deciding of the Department. that the conditions for removal are met. Ei- the Department. This section also outlines additional re- Sec. 199. Authorization of Appropriations. ther the union or management may ask the Authorizes such sums as may be necessary to ports to be submitted by the Secretary. Federal Labor Relations Authority (FLRA) enable the Secretary to administer and man- These include: (1) biennial reports relating to review this action. For new offices estab- age the Department and to carry out the De- to (a) border security and emergency pre- lished at the Department under this bill, the partment’s functions created by the Act. President may remove collective bargaining paredness, and (b) certifying preparedness to prevent, protect against, and respond to nat- Title II—National Office for Combating Ter- rights from an entire office by executive rorism order, if the primary function is intelligence, ural disasters, cyber attacks, and incidents Sec. 201. National Office for Combating counterintelligence, or investigative duties involving weapons of mass destruction; (2) a Terrorism. This section establishes a ter- related to terrorism investigation, and if ap- report outlining proposed steps to consoli- rorism office within the Executive Office of plication of those rights would adversely af- date management authority for Federal op- the President, to be run by a Director who fect national security. Furthermore, employ- erations at key points of entry into the United States; (3) a report with definitions of will be appointed by the President with ad- ees hired to serve in new offices at the De- vice and consent of the Senate. The respon- partment, like employees transferred to the the terms ‘‘combating terrorism’’ and ‘‘homeland security,’’ and (4) a strategic plan sibilities of the Director will include: (1) to Department, may be removed individually develop national objectives and policies for from collective bargaining for national secu- and annual performance plan, along with annual performance reports, required by exist- combating terrorism; (2) to direct and review rity reasons. the development of a comprehensive na- Sec. 187 subsections (f)(2)—(4). Other per- ing statutes. Sec. 193. Environmental Protection, Safe- tional assessment of terrorist threats and sonnel matters. The transfer of an employee vulnerabilities to those threats, to be con- to the Department will not alter the terms ty, and Health Requirements. Provides that the Secretary shall ensure that the Depart- ducted by heads of the relevant Federal and conditions of employment, including agencies; (3) to develop, with the Secretary ment complies with all applicable environ- compensation. Any conditions for appoint- of Homeland Security, a National Strategy mental, safety and health statutes and re- ment, including the requirement of Senate for combating terrorism under Title III; (4) quirements, and develops procedures for confirmation, would continue to apply. Any to coordinate, oversee and evaluate imple- meeting such requirements. employee transferred with pre-existing whis- mentation and execution of the Strategy; (5) Sec. 194. Labor Standards. All laborers and tleblower protection rights may not be de- to coordinate the development of a com- mechanics employed by contractors or sub- prived of those rights based on a determina- prehensive annual budget for programs and contractors in the performance of construction of necessity for good administration. activities under the Strategy, including the tion work financed in whole or in part with Sec. 187 subsection (g). No effect on intel- budgets of the military departments and ligence authorities. The transfer of authori- assistance received under this Act shall be agencies with the National Foreign Intel- ties under this title shall not be construed as paid wages at rates not less than those pre- ligence Program relating to international affecting the authorities of the Director of vailing on similar construction in the local- terrorism, but excluding military programs, Central Intelligence, the Secretary of De- ity as determined by the Secretary of Labor projects, or activities relating to force pro- fense, or the heads of departments and agen- in accordance with the Davis-Bacon Act (40 tection; (6) to have lead responsibility for cies within the intelligence community. U.S.C. 276a et. seq.). budget recommendations relating to mili- Sec. 188. Transition Plan. By September 15, Sec. 195. Procurement of Temporary and tary, intelligence, law enforcement and dip- 2002, the President is required to submit to Intermittent Services. In addition to the au- lomatic assets in support of the Strategy; (7) Congress a transition plan, including a de- thority to hire experts or consultants on a to exercise funding authority for Federal ter- tailed plan for transition to the Department temporary or intermittent basis in accord- rorism prevention and response agencies; (8) and implementation of relevant portions of ance with section 3109(b) of title 5, United to serve as an adviser to the National Secu- the Act, and including a proposal for financ- States Code, the Secretary may procure per- rity Council; and (9) work with the Director ing the new operations of the Department for sonal services, whenever necessary due to an of the Federal Bureau of Investigation to en- which appropriations are not available. urgent homeland security need, for periods sure that the Director receives relevant in- Sec. 189. Use of Appropriated Funds. This of not more than a year without regard to formation related to terrorism from the FBI, section sets forth a number of conditions on the pay limitations of section 3109. and that such information is made available Sec. 196. Preserving Non-Homeland Secu- the use of funds by the Department, the Of- to appropriate Federal agencies and State rity Mission Performance. Establishes a re- fice, and the National Combating Terrorism and local law enforcement officials. The porting requirement designed to monitor the Strategy Panel. Balances of appropriations President, in consultation with the Director, performance of non-homeland security mis- and other funds transferred under the Act shall assign resources as appropriate to the sions by entities transferred to the Depart- may be used only for the purposes for which Office. The establishment of the Office with- ment. For each of the first five years after a they were originally available and subject to in the Executive Office of the President shall program or agency is transferred to the De- the conditions provided by the law originally not be construed as affecting access by Con- partment, the relevant Under Secretary appropriating or otherwise making available gress to information or personnel of the Of- must report to the Secretary, the Comp- the amount. The President shall notify Con- fice. troller General and Congress regarding the gress not less than 15 days before transfer- Sec. 202. Funding for Strategy Programs performance of that entity, with particular ring funds or assets under this Act. Addi- and Activities. This section establishes a emphasis on non-homeland security mis- tional conditions under this section apply to process for the Director to review the pro- sions. These reports shall seek to inventory disposal of property, receipt and use of gifts, posed budgets for federal programs under the non-homeland security capabilities, includ- and other matters. The President shall sub- Strategy. The Director will, in consultation ing the personnel, budgets and flexibilities with the Director of the Office of Manage- mit a detailed budget request for the Depart- used to carry out those functions. The re- ment and Budget and the Secretary of Home- ment for FY 2004. ports shall include information regarding land Security, identify programs that con- Subtitle F—Administrative Provisions whether any changes are required to enable tribute to the Strategy, and provide advice Sec. 191. Reorganizations and Delegations. the transferred entities to continue to carry to the heads of the executive departments Provides that the Secretary may, as appro- out non-homeland security missions without and agencies on the amount and use of these priate, reorganize within the Department, diminishment. programs through budget certification pro- except where specific organizational struc- Sec. 197. Future Years Homeland Security cedures and the development of a consoli- ture is established by law. The Secretary Program. Beginning with the FY 2005 budget dated budget for the Strategy. The Director

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8175 will review agencies’ budget submissions to an arrest in certain instances while engaged (or sole source competition) regardless of the OMB and may decertify any proposals that in official duties as authorized by this Act or value of the contract. do not incorporate the proposed funding or other statute, or by the Attorney General; Sec. 507. Review and Report by Comp- initiatives previously advised by the Na- and to seek and execute warrants under the troller General. Requires that not later than tional Office on Combating Terrorism. The authority of the United States upon probable March 31, 2004, the Comptroller General com- Director will provide Congress with notice of cause that a violation has been committed. plete a review of the extent to which pro- any such decertification. Each year, the Di- This section also describes the conditions curements of property and services have rector will, in consultation with the Sec- under which the Attorney General may au- been made in accordance with this subtitle, retary of Homeland Security and the head of thorize exercise of powers under this section, and submit a report on the results of the re- each Federal terrorism prevention and re- and it lists those offices of Inspector General view to the Senate Governmental Affairs sponse agency, develop a consolidated pro- which are exempt from this requirement. Committee and House Government Reform posed budget for all programs and activities This section further describes the cir- Committee. The report shall assess the ex- under the Strategy for that fiscal year. cumstances under which the Attorney Gen- tent to which property and services procured Title III—National Strategy for Combating Ter- eral may also rescind or suspend powers au- in accordance with this subtitle have con- rorism and the Homeland Security Response thorized for an Office of Inspector General, tributed to the capacity of Federal employ- Sec. 301. Strategy. This section directs the and provides that determinations by the At- ees to carry out the missions of the agencies, Secretary and Director to develop the Na- torney General in this section shall not be and the extent to which Federal employees tional Strategy for combating terrorism and reviewable in or by any court. The section have been trained on the use of technology. homeland security response for the detec- also requires the Offices of Inspector General The report shall include any recommendation, prevention, protection, response and re- to enter into memoranda of understanding to tions of the Comptroller General resulting covery necessary to counter terrorist establish an external review process for en- from the assessment. The Comptroller Gen- threats. The Secretary has responsibility for suring that adequate safeguards and manage- eral shall consult with the Committee on portions of the Strategy addressing border ment procedures continue to exist within Governmental Affairs and the Committee on security, critical infrastructure protection, each Office. Governmental Reform on the specific issues emergency preparation and response, and in- Title V—Federal Emergency Procurement Flexi- and topics to be reviewed, including areas tegrating state and local efforts with activi- bility such as technology integration, employee training, and human capital management, ties of the Federal government. The Director Subtitle A—Temporary Flexibility for Certain and the data requirements of the study. has overall responsibility for the develop- Procurements ment of the Strategy, and particularly for Subtitle B—Other Matters Sec. 501. Defines the term ‘‘executive agen- those portions addressing intelligence, mili- cy.’’ Sec. 511. Identification of New Entrants tary assets, law enforcement and diplomacy. Sec. 502. Procurements for Defense Against Into the Federal Marketplace. Requires The Strategy will include: (1) policies and or Recovery from Terrorism or Nuclear, Bio- agencies to do ongoing market research to procedures to maximize the collection, logical, Chemical, or Radiological Attack. identify new companies with new capabili- translation, analysis, exploitation and dis- States that the authorities provided in this ties, including small businesses, to help semination of information related to com- subtitle apply to any procurement of prop- agencies facilitate defense against or recov- bating terrorism and homeland security re- erty or services by or for an executive agen- ery from terrorism or nuclear, biological, sponse throughout the Federal government cy that, as determined by the head of the ex- chemical or radiological attack. and with State and local authorities; (2) ecutive agency, are to be used to facilitate Title VI—Effective Date plans for countering chemical, biological, ra- defense against or recovery from terrorism Sec. 601. Provides that the Division shall diological, nuclear, explosives, and cyber or nuclear, biological, chemical or radio- take effect 30 days after the date of enact- threats; (3) plans for improving the resources logical attack for one year after the date of ment, or if enacted within 30 days before of, coordination among, and effectiveness of enactment. January 1, 2003, on January 1, 2003. health and medical sectors for detecting and Sec. 503. Increased Simplified Acquisition DIVISION B—IMMIGRATION REFORM, ACCOUNT- responding to terrorist attacks on homeland; Threshold for Procurements in Support of (4) specific measures to enhance cooperative ABILITY, AND SECURITY ENHANCEMENT ACT Humanitarian or Peacekeeping Operations OF 2002 efforts between the public and private sec- or Contingency Operations. Raises the Sec. 1001. Short Title. This Division may tors in protecting against terrorist attacks; threshold amounts to $250,000 for contracts be cited as the ‘‘Immigration Reform, Ac- (5) a review of measures needed to enhance carried out in the United States and to countability, and Security Enhancement Act transportation security with respect to po- $500,000 for contracts outside the United tential terrorist attacks; and (6) other crit- of 2002.’’ States pursuant to section 502. Raises the Sec. 1002. Definitions. Defines key terms, ical areas. This section also establishes the Small Business reserve to $250,000 for con- National Combating Terrorism and Home- including Under Secretary, Enforcement Bu- tracts inside the United States and $500,000 reau, and Service Bureau. land Security Response Council to assist for contracts outside the United States for Title XI—Directorate of Immigration Affairs with preparation and implementation of the procurements carried out pursuant to sec- Strategy. Members of the Council will be the tion 502. Subtitle A—Organization heads of federal terrorism prevention and re- Sec. 504. Increased Micro-Purchase Thresh- Sec. 1101. Abolition of INS. This section sponse agencies or their designees. The Sec- old for Certain Procurements. Raises the abolishes the Immigration and Naturaliza- retary and Director will co-chair the Coun- micro-purchase threshold with respect to tion Service (‘‘INS’’). cil, which will meet at their direction. procurements referred to in section 502 to Sec. 1102. Establishment of Directorate of Sec. 302. Management Guidance for Strat- $10,000. Immigration Affairs. This section estab- egy Implementation. This section directs the Sec. 505. Application of Certain Commer- lishes a Directorate of Immigration Affairs Office of Management and Budget, in con- cial Items Authorities to Certain Procure- (‘‘Directorate’’) within the Department of sultation with the Secretary and the Direc- ments. Applies commercial items procedures Homeland Security (‘‘DHS’’). The Direc- tor, to provide management guidance for to non-commercial items for emergency pur- torate is divided into three parts: the Under Federal agencies to successfully implement poses. Requires the Director of OMB to issue Secretary for Immigration Affairs, the As- the Strategy, and to report to Congress on guidance and procedures for use of simplified sistant Secretary for Immigration Services these efforts. It also requires the General Ac- acquisition procedures for a purchase of (the ‘‘Service Bureau’’), and the Assistant counting Office to evaluate the management property or services in excess of $5,000,000. Secretary for Enforcement and Border Af- guidance and agency performance in imple- Provides continuation of authority for sim- fairs (the ‘‘Enforcement Bureau’’). The func- menting the Strategy. plified purchase procedures. tions of the Directorate are also tripartite: Sec. 303. National Combating Terrorism Sec. 506. Use of Streamlined Procedures. (1) immigration policy, administration, and Strategy Panel. This section establishes a Lists streamlined acquisition procedures inspection functions; (2) immigration service nonpartisan, independent panel to conduct which may be used. The head of an executive and adjudication functions; and (3) immigra- an assessment of the Strategy as well as an agency shall use, when appropriate, stream- tion enforcement functions. This section also independent, alternative assessment of lined acquisition authorities and procedures authorizes funds to the DHS as necessary to measures required to combat terrorism, in- provided by law including use of procedures carry out the functions of the Directorate cluding homeland security measures. The other than competitive procedures and task and defines what is meant by U.S. immigra- panel will prepare a preliminary report no and delivery order contracts. This provision tion laws. later than July 1, 2004, with a final report by removes the thresholds ($5 million for manu- Sec. 1103. Under Secretary of Homeland Se- December 1, 2004 and every four years there- facturing and $3 million for all other con- curity for Immigration Affairs. This section after. tracts) for contracts with limited competi- establishes that the Directorate will be head- Title IV—Law Enforcement Powers of Inspector tion under the small business ‘‘8(A)’’ and ed by the Under Secretary of Homeland Se- General Agents HUB Zone programs. Waiving the threshold curity for Immigration Affairs (‘‘Under Sec- Sec. 401. Law Enforcement Powers of In- means that small disadvantaged businesses retary’’). Charged with all responsibilities spector General Agents. This section amends within the ‘‘8(A)’’ program and qualified and authority in the administration of the the Inspector General Act to authorize cer- HUB Zone small business concerns can com- Directorate, the Under Secretary is respon- tain IG officers to carry a firearm or make pete for contracts using limited competition sible for: (1) administration and enforcement

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8176 CONGRESSIONAL RECORD — SENATE September 4, 2002 of U.S. immigration laws; (2) administration functions of the Directorate which include ational data systems to the Office of Immi- of the Directorate, including supervision and the following functions: (1) border patrol; (2) gration Statistics. The Director, under the coordination of the two Bureaus; (3) inspec- detention; (3) removal; (4) intelligence; and direction of the Under Secretary shall ensure tion of individuals arriving at ports of entry; (5) investigations. A Chief Budget Officer, the interoperability of the databases of the (4) management of resources, personnel, and under the authority of the CFO, shall be re- Directorate, the Service Bureau, the En- other support; (5) management of informa- sponsible for monitoring and supervising all forcement Bureau, and the EOIR to permit tion resources, including maintenance and financial activities of the Enforcement Bu- the Director of the Office to perform the du- coordination of records, databases, and other reau. An Office of Professional Responsi- ties of the office. The functions performed by information within the Directorate; and (6) bility shall ensure the professionalism of the the Statistics Branch of the INS Office of coordination of response to civil rights viola- Enforcement Bureau, and receive and inves- Policy and Planning are transferred to the tions. A General Counsel serves as the chief tigate charges of misconduct or ill treat- Office of Immigration Statistics. legal officer for the Directorate. The General ment made by the public. An Office of Qual- Sec. 1108. Clerical amendments. This sec- Counsel’s responsibilities include: providing ity Assurance shall develop procedures and tion includes clerical amendments. specialized legal advice, opinions, determina- conduct audits to ensure the Directorate’s Subtitle B—Transition Provisions tions, regulations, and any other assistance policies with regard to enforcement are cor- Sec. 1111. Transfer of Functions. All func- to the Director with regard to legal matters rectly implemented; and that the Enforce- tions under U.S. immigration laws vested by affecting the Directorate and its compo- ment Bureau’s policies and practices result statute in, or exercised by, the Attorney nents. A Chief Financial Officer (‘‘CFO’’) will in sound records management and efficient General are transferred to the Secretary of direct, supervise, and coordinate all budget and accurate record-keeping. The Enforce- Homeland Security. The functions of the formulas and execution for the Directorate. ment Bureau Assistant Secretary, in con- Commissioner of the INS are transferred to A Chief of Policy and Strategy is created to sultation with the Under Secretary, shall de- the Directorate. The Under Secretary may, establish national immigration policy and termine the training of Enforcement Bureau for purposes of performing any function priorities, perform policy research and anal- personnel. transferred to the Directorate, exercise all ysis on immigration issues under U.S. immi- Sec. 1106. Office of the Ombudsman within authorities under any other provision of law gration laws, and coordinate immigration the Directorate. This section establishes an that were available with respect to the per- policy between the Directorate, the Service Office of the Ombudsman within the Direc- formance of the function. Bureau, and the Enforcement Bureau. A torate of Immigration Affairs. The Ombuds- Sec. 1112. Transfer of Personnel and other Chief of Congressional, Intergovernmental, man shall be appointed by the Secretary of Resources. There are transferred to the and Public Affairs is established to provide Homeland Security and report directly to Under Secretary for appropriate allocation: Congress with information relating to immi- the Secretary of Homeland Security. The Of- (1) the personnel of the DOJ employed in gration issues, serve as a liaison with other fice of Ombudsman will: (1) assist individuals connection with the functions transferred Federal agencies on immigration issues, and in resolving problems with the Directorate pursuant to this title; and (2) the assets, li- respond to inquiries from, and provide infor- or any component thereof; (2) identify sys- abilities, contracts, property, records, and mation to the media on immigration issues temic problems encountered by the public in unexpended balance of appropriations, au- arising under U.S. immigration laws. dealings with the Directorate or any compo- thorizations, allocations, and other funds Sec. 1104. Bureau of Immigration Services. nent thereof; (3) propose changes in the ad- employed, held, used, arising from, available This section establishes the Bureau of Immi- ministrative practices or regulations of the to, or to be made available to the INS in con- gration Services (‘‘Service Bureau’’), headed Directorate or any component thereof to nection with the functions transferred pursu- by the Assistant Secretary of Homeland Se- mitigate these problems; (4) identify poten- ant to this title. curity for Immigration Services. The Assist- tial legislative changes that may be appro- Sec. 1113. Determinations with Respect to ant Secretary shall be appointed by the Sec- priate to mitigate such problems; and (5) Functions and Resources. The Under Sec- retary of Homeland Security in consultation monitor the coverage and geographic dis- retary shall determine: (1) which of the func- with the Under Secretary and shall report di- tribution of local offices of the Directorate. tions transferred under section 111 are immi- rectly to the Under Secretary. The Assistant The Ombudsman shall have the responsi- gration policy, administration and inspec- Secretary shall administer the immigration bility and authority to appoint local or re- tion functions; immigration service and ad- service and adjudication functions of the Di- gional representatives as may be necessary judication functions; and immigration en- rectorate which include: (1) adjudication of to address and rectify problems. The Om- forcement functions; and (2) which of the personnel, assets, liabilities, grants, con- petitions for classification of non-immigrant budsman shall submit an annual report to tracts, property, records, and unexpended and immigrant status; (2) adjudication of ap- the House and Senate Judiciary Committees balances of appropriations, authorizations, plications for adjustment of status and on the activities of the Ombudsman during allocations, and other funds were held or change of status; (3) adjudication of natu- the fiscal year, providing a full analysis used, arose from, were available to, or were ralization applications; (4) adjudication of identifying actions taken by the Ombuds- made available, in connection with the per- asylum and refugee applications; (5) adju- man’s Office, including initiatives to im- formance of the respective functions imme- dications at Service Centers; (6) determina- prove the responsiveness of the Directorate; diately prior to the title’s effective date. tions of custody and parole of asylum seek- a summary of serious or systemic problems Sec. 1114. Delegation and Reservation of ers; and (7) all other adjudications under encountered by the public; an accounting of Functions. The Under Secretary shall dele- U.S. immigration laws. A Chief Budget Offi- those items that have been addressed, are gate immigration service and adjudication cer, under the authority of the CFO, shall be being addressed, and have not been addressed functions to the Assistant Secretary for Im- responsible for monitoring and supervising with reasons for and results of such action; migration Services, and immigration en- all financial activities of the Service Bureau. recommendations to resolve problems enforcement functions to the Assistant Sec- An Office of Quality Assurance is established countered by the public; recommendations retary for Enforcement and Border Affairs. to develop procedures and conduct audits to for action as may be appropriate to resolve Immigration policy, administration and in- ensure the Directorate’s policies with regard problems encountered by the public; rec- spection functions are reserved for the Under to services and adjudications are properly ommendations to resolve problems caused by Secretary. Some delegations may be made implemented, and to ensure sound records inadequate funding or staffing; and other in- on a nonexclusive basis. The Under Sec- management and efficient and accurate serv- formation as the Ombudsman deems advis- retary may make delegations to such officers ice. An Office of Professional Responsibility able. Appropriations are authorized as nec- and employees of the office of the Under Sec- is established to ensure the professionalism essary to carry out this section. retary, the Service Bureau, and the Enforce- of the Service Bureau, and receive and inves- Sec. 1107. Office of Immigration Statistics ment Bureau, respectively, as the Director tigate charges of misconduct or ill treat- within the Directorate. This section estab- may designate, and may authorize successive ment made by the public. The Assistant Sec- lishes the Office of Immigration Statistics re-delegations of such functions as may be retary for Immigration Services, in con- within the Directorate, headed by a Director necessary or appropriate. sultation with the Under Secretary, shall de- who shall be appointed by the Secretary of Sec. 1115. Allocation of Personnel and termine the training of Service Bureau per- Homeland Security, in consultation with the other Resources. The Under Secretary shall sonnel. Under Secretary. The office shall collect, make allocations of personnel, assets, liabil- Sec. 1105. Bureau of Enforcement and Bor- maintain, compile, analyze, publish, and dis- ities, grants, contracts, property, records, der Affairs. This section establishes the Bu- seminate information and statistics involv- and unexpended balances of appropriations, reau of Enforcement and Border Affairs ing the functions of the Directorate and the authorizations, allocations, and other funds (‘‘Enforcement Bureau’’), headed by the As- Executive Office of Immigration Review held, used, arising from, available to, or to sistant Secretary of Homeland Security for (EOIR) (or successor entity). The Director be made available in connection with such Enforcement and Border Affairs. The En- shall be responsible for: (1) maintaining im- functions. Unexpended funds transferred by forcement Bureau Assistant Secretary shall migration statistical information of the Di- section 112 shall be used only for allocated be appointed by the Secretary for Homeland rectorate ; and (2) establishing standards of purposes. The Attorney General, in consulta- Security, in consultation with the Under reliability and validity for immigration station with the Secretary of Homeland Secu- Secretary, and shall report directly to the tistics collected by the Service Bureau, the rity, shall provide for the termination of af- Under Secretary of the Directorate. The En- Enforcement Bureau, and the EOIR. The Di- fairs of the INS. The Under Secretary is au- forcement Bureau Assistant Secretary shall rectorate and the EOIR shall provide statis- thorized to provide for an appropriate alloca- administer the immigration enforcement tical information from their respective oper- tion, or coordination, or both, of resources

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8177 involved in supporting shared support func- U.S. immigration laws with the Directorate The Director is also encouraged to utilize tions for the office of the Under Secretary, to access case status information on-line. In the refugee children foster care system. The the Service Bureau, the Enforcement Bu- establishing the database, the Under Sec- Director shall have the power to contract reau. The Under Secretary shall maintain retary shall consider all applicable privacy with service providers and compel compli- control and oversight over shared computer issues and no personally identifying informa- ance with the terms and conditions of sec- databases and systems and records manage- tion shall be accessible to unauthorized per- tion 1323. Nothing in this title may be con- ment. sons. Fees will not be charged to anyone strued to transfer the responsibility for adju- Sec. 1116. Savings Provisions. All orders, using the database to access information dicating benefit determinations under the determinations, rules, regulations, permits, about him/herself. The Under Secretary, in Immigration and National Act from the au- grants, loans, contracts, recognition of labor consultation with the Technology Advisory thority of any official of the Service (or its organizations, agreements, including collec- Committee is required to conduct a study on successor entity), the EOIR (or its successor tive bargaining agreements, certificates, li- the feasibility of an on-line filing system and entity) or the Department of State. censes, privileges, any proceedings or any ap- report to the House and Senate Judiciary Sec. 1212. Establishment of Interagency plication for any benefit, service, as well as Committee on the results within one year of Task Force on Unaccompanied Alien Chil- the continuance of lawsuits and other mat- enactment. To assist in carrying out this dren. An Interagency Task Force on Unac- ters are transferred to the new entities and section, the Under Secretary is required to companied Alien Children is established con- shall continue until modified or terminated. establish a Technology Advisory Committee. sisting of various key agencies and depart- Sec. 1117. Interim service of the Commis- Sec. 1123. Alternatives to Detention of Asy- ments of the federal government. sioner of Immigration and Naturalization. lum Seekers. This section authorizes the Sec. 1213. Transition Provisions. All func- The INS Commissioner serving on the day Under Secretary to assign asylum officers to tions with respect to the care and custody of before the effective date of this title may major ports of entry to assist in the inspec- unaccompanied alien children under the im- serve as the Under Secretary until one is ap- tion of asylum seekers. For other ports, the migration laws, vested in, or exercised by, pointed. under Secretary shall take steps to ensure the Commissioner or his employees is trans- Sec. 1118. Executive Office for Immigration that asylum officers are able to participate ferred to the Office. Review Authorities not Affected. Nothing in in the inspection process. This section also Sec. 1214. Effective Date. This subtitle the legislation may be construed to author- promote alternatives to detention of asylum shall take effect one year after the effective ize or require the transfer or delegation of seekers who do not have prior nonpolitical date of division A of this Act. any function vested in, or exercised by the criminal records and establish conditions for Subtitle B—Custody, Release, Family Reunifi- EOIR (or its successor entity) or any officer, detention of asylum seekers that ensure a cation, and Detention employee, or component thereof imme- safe and humane environment. The Under Sec. 1221. Procedures when Encountering diately prior to the effective date of this Secretary is required to consider the fol- Unaccompanied Alien Children. This section title. lowing specific alternatives to detention: pa- establishes procedures to be followed when Sec. 1119. Other Authorities not Affected. role; parole with appearance assistance pro- encountering unaccompanied alien children. Nothing in this legislation may be construed vided by private nonprofit voluntary agen- At the border, or at ports of entry, an unac- to authorize or require the transfer or dele- cies; non-secure shelter care or group homes companied alien child may be removed from gation of any function vested in, or exercised operated by private nonprofit voluntary the United States if deemed inadmissible by the Secretary of State, the Secretary of agencies; and noninstitutional settings for under the Immigration and Nationality Act, Labor or their special agents, or under the minors, such as foster care or group homes unless the child is a national of a country U.S. immigration laws. operated by private nonprofit voluntary contiguous to the U.S. and who fears perse- Sec. 1120. Transition Funding. Funds are agencies. cution or would be harmed if returned to authorized to the Department of Homeland Subtitle D—Effective Date that country. Custody of all unaccompanied Security as necessary to abolish the INS, es- alien children found in the interior of the tablish the Directorate and its components, Sec. 1131. Effective Date. This title shall United States shall be under the jurisdiction transfer the functions required under this take effect one year after the effective date of the Office, with exceptions of children who Act, and carry out any other duty made nec- of division A of this Act. have committed crimes and or threaten na- essary by this division. These funds will be Title XII—Unaccompanied Alien Children Pro- tional security. An unaccompanied alien deposited into a separate account established tection child shall be transferred to the Office within in the general fund of the U.S. Treasury. Not Sec. 1201. Short Title. This title may be 72 hours of apprehension. later than 90 days after the date of enact- cited as ‘‘The Unaccompanied Alien Child Sec. 1222. Family Reunification for Unac- ment of this Act, and at the end of each fis- Protection Act of 2002.’’ companied Alien Children with Relatives in cal year in which appropriations are made, Sec. 1202. Definitions. Key terms, including the United States. Unaccompanied alien the Secretary of Homeland Security shall unaccompanied alien child, are defined. children in the custody of the Office shall be submit a report to Congress concerning the Subtitle A—Structural Changes promptly placed with one of the following in availability of funds to cover transition Sec. 1211. Responsibilities of the Office of order of preference: (1) a parent; (2) a legal costs. Refugee Resettlement with Respect to Unac- guardian; (3) an adult relative; (4) an entity Subtitle C—Miscellaneous Provisions companied Alien Children. The Office of Ref- designated by the parent or legal guardian; Sec. 1121. Funding Adjudication and Natu- ugee Resettlement (‘‘Office’’) shall be re- (5) a state-licensed juvenile shelter or group ralization Services. This section requires sponsible for coordinating and implementing home; or (6) other qualified adults or enti- that all fees collected for the provision of ad- the care and placement of unaccompanied ties. judication or naturalization services be used alien children who are in Federal custody by Sec. 1223. Appropriate Conditions for De- only to fund adjudication or naturalization reason of their immigration status and en- tention of Unaccompanied Alien Children. services, or subject to the availability of suring minimum standards of detention for Unaccompanied children shall not be placed funds, similar services provided without all unaccompanied alien children. The Direc- in adult detention facilities, but children charge to asylum and refugee applicants. In tor of the Office (‘‘Director’’) shall be respon- who exhibit violent or criminal behavior can addition to funds already appropriated for sible for: (1) ensuring that the best interests be detained in appropriate facilities for de- this purpose, funds are authorized as nec- of the child are considered in the care and linquent children. The Office shall establish essary to carry out sections of the Immigra- placement of unaccompanied alien children; appropriate standards and conditions for the tion and Nationality Act dealing with asy- (2) making placement, release, and detention detention of unaccompanied alien children, lum and refugee processing. Separate ac- determinations; (3) implementing determina- providing appropriate educational services, counts are established in the U.S. Treasury tions; (4) convening the Interagency Task medical care, mental health care, access to for appropriated funds and other deposits Force on Unaccompanied Alien Children (in telephones, access to legal services, access to available to the Service Bureau and the En- the absence of the Assistant Secretary); (5) interpreters, supervision by professionals forcement Bureau. Fees may not be trans- identifying a sufficient number of qualified trained in the care of children, recreational ferred between these accounts. Funds are persons, entities, and facilities to house un- programs and activities, spiritual and reli- also authorized as necessary to carry out the accompanied alien children; (6) overseeing gious needs, and dietary needs. The Director Immigration Services and Infrastructure Im- persons, entities and facilities; (7) compiling and the Secretary of Homeland Security provement Act of 2000 (Title II of P.L. 106– and publishing at least annually a State-by- shall develop procedures which prohibit 313). State list of professionals or other entities shackling, handcuffing, or other restraints; Sec. 1122. Application of Internet-based qualified to contract with the Office to pro- solitary confinement; or pat or strip Technologies. Not later than two year after vide services; (8) maintaining statistical in- searches. enactment, the Secretary, in consultation formation and other data on unaccompanied Sec. 1224. Repatriated Unaccompanied with the Under Secretary and the Tech- alien children in the Office’s custody and Alien Children. Consistent with inter- nology Advisory Committee, shall establish care; (9) collecting and compiling statistical national agreements to which the United an Internet-based system that will allow an information from the INS (or successor enti- States is a party and to the extent prac- immigrant, non-immigrant, employer, or ty); and 10) conducting investigations and in- ticable, the United States shall undertake ef- other person who files any application, peti- spections of facilities and other entities forts to ensure that it does not repatriate tion, or other request for benefit under the where unaccompanied alien children reside. children in its custody into settings that

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8178 CONGRESSIONAL RECORD — SENATE September 4, 2002 would threaten the life and safety of the Title XIII—Agency for Immigration Hearings the responsibilities of selecting, developing, child. The Director shall submit a report to and Appeals and managing a high-quality workforce. Congress providing information on efforts to Subtitle A—Structure and Function Sec. 2103. Chief Human Capital Officers repatriate unaccompanied children. Council. Creates a Chief Human Capital Offi- Sec. 1225. Establishing the Age of an Unac- Sec. 1301. Establishment. This section abol- cers Council that will advise and coordinate companied Alien Child. To address problems ishes the Executive Office for Immigration the human capital functions of each agency created by reliance on inaccurate methods Review (EOIR) and creates the Agency for and meet with union representatives at least for establishing the age of a child, the Direc- Immigration Hearings and Appeals (AIHA). annually. tor shall establish procedures for deter- Sec. 1302. Director of the Agency. This sec- Sec. 2104. Strategic Human Capital Man- mining age. tion provides that the agency shall have a agement. Requires the Office of Personnel Sec. 1226. Effective Date. This subtitle Director, who shall be appointed by the Management to design a set of systems, in- shall take effect one year after the effective President and confirmed by the Senate. The cluding metrics, for assessing human capital date of division A of this Act. Director runs the agency, appoints the Chair management by agencies. Subtitle C—Access by Unaccompanied Alien and members of the appellate body (Board of Sec. 2105. Effective Date. Title XXI is effec- Children to Guardians Ad Litem and Immigration Appeals) and the Chief Immi- tive 180 days after enactment. Counsel gration Judge. Also provides that the agency Title XXII—Reforms Relating to Human Capital shall have a Deputy Director, General Coun- Management Sec. 1231. Right of unaccompanied alien sel, Pro Bono Coordinator, and other offices children to guardians ad litem. No later than Sec. 2201. Inclusion of Agency Human Cap- as deemed necessary. 72 hours after the Office assumes custody of ital Strategic Planning in Performance Sec. 1303. Board of Immigration Appeals. an unaccompanied alien child, the Director Plans and Program Performance Reports. This section establishes the Board of Immi- shall appoint a guardian ad litem to look Amends the Government Performance and gration Appeals to perform the appellate after the child’s best interests. The qualifica- Results Act of 1993 to specify how human functions of the agency, and shall consist of tions, duties, and powers of the guardian ad capital management is to be included in per- a Chair and at least 14 Board Members (who litem are set forth. formance plans. Sec. 1232. Right of unaccompanied alien are appointed by the Director in consulta- Sec. 2202. Reform of the Competitive Serv- children to counsel. The Director shall en- tion with the Chair). Provides that the Chair ice Hiring Process. Allows agencies to use al- sure that all unaccompanied alien children and Board Members must be an attorney in ternative method for selecting new employ- have competent counsel appointed to rep- good standing and have a minimum of 7 ees instead of the traditional ‘‘rule of 3.’’ The resent them in immigration proceedings. years professional legal expertise in immi- agency may divide applicants into two or Where possible, the Director shall utilize pro gration and nationality law. Also provides more quality categories, with disabled vet- bono attorneys. Otherwise, the Director that the Board retains the jurisdiction it erans moving to the top of the highest cat- shall appoint government-funded counsel. holds under EOIR and Board Members are egory. Also, allows for direct appointment of Requirements for representation are set compelled to exercise their independent candidates to positions that have been no- forth, including duties and access to chil- judgment. ticed, when OPM determines there is a se- dren. Sec. 1304. Chief Immigration Judge. This vere shortage of candidates and a critical Sec. 1233. Effective date; applicability. section establishes the Office of the Chief hiring need. This subtitle shall take effect one year after Immigration Judge to administer the immi- Sec. 2203. Permanent Extension, Revision, the effective date of division A of this Act gration courts, headed by a Chief Immigra- and Expansion of Authorities for Use Of Vol- and shall apply to all unaccompanied alien tion Judge. Provides that the Chief Immigra- untary Separation Incentive Pay and Vol- children in Federal custody on, before, or tion Judge and each immigration judge must untary Early Retirement. Provides govern- after the effective date of this subtitle. be an attorney in good standing and have a ment-wide authority for offering Voluntary Separation Incentive Payments and Vol- Subtitle D—Strengthening Policies for Perma- minimum of 7 years professional legal exper- untary Early Retirement, and states that it nent Protection of Alien Children tise in immigration and nationality law. Also provides that the immigration courts is the sense of Congress that these provisions Sec. 1241. Special Immigrant Juvenile Visa. retain the jurisdiction they hold under EOIR are not intended to downsize the federal This section strengthens the Special Immi- and immigration judges are compelled to ex- workforce. grant Juvenile Visa to make it a useful and ercise their independent judgment. Sec. 2204. Student Volunteer Transit Sub- flexible means of providing permanent pro- Sec. 1305. Chief Administrative Hearing Of- sidy. Provides a transit subsidy for student tection to a small number of abused, ne- ficer. This section establishes the position of volunteers with the federal government. glected and abandoned youths. Title XXIII—Reforms Relating to the Senior Ex- Sec. 1242. Training for officials and certain Chief Administrative Hearing Officer to hear ecutive Service private parties who come into contact with cases involving unfair immigration-related unaccompanied alien children. This section employment practices and penalties for doc- Sec. 2301. Repeal of Recertification Re- provides training to officials involved in de- ument fraud. quirements of Senior Executives. Repeals re- pendency proceedings, social service pro- Sec. 1306. Removal of Judges. This section certification requirements for senior execu- viders, as well INS personnel who come into provides that the Director, in consultation tives. Sec. 2302. Adjustment of Limitation on contact with unaccompanied alien children. with the appropriate component head, may Total Annual Compensation. Increases the The Secretary of Homeland Security, acting remove Board Members or immigration cap on the total annual compensation of sen- jointly with the Secretary of Health and judges for good cause, which shall include ior executives, Administrative Law Judges, Human Services, shall provide specialized neglect of duty and malfeasance. officers of the courts, and certain other high- training to all personnel of the Service who Sec. 1307. Authorization of Appropriations. ly paid officers, thereby enabling perform- come into contact with unaccompanied alien This section authorizes the appropriation of ance bonuses to be paid within the cap in a children. funds necessary to execute this title. [Note: Sec. 1243. Effective Date. The amendments Since these entities already exist, the execu- single year. of section 1341 shall apply to all unaccom- tion of this title should be budget neutral.] Title XXIV—Academic Training panied alien children in Federal custody on, Subtitle B—Transfer of Functions and Sav- Sec. 2401. Academic Training. Reduces re- before, or after the effective date of this Act. ings Provisions strictions on providing academic degree Subtitle E—Children Refugee and Asylum Sec. 1311. Transition Provisions. This sec- training to federal employees. Sec. 2402. Modifications to National Secu- Seekers tion provides for the transfer of functions rity Education Program. Modifies the Na- Sec. 1251. Guidelines for children’s asylum from EOIR to the new agency. tional Security Education Program (NSEP) claims. The section expresses the sense of Subtitle C—Effective Date to allow NSEP fellows to work in a non-na- Congress commending the INS for the Sec. 1321. Effective Date. This section pro- tional security position with the federal gov- issuance of its Guidelines for Children’s Asy- vides that this title takes effect one year ernment if a national security position is not lum Claims and requires the Secretary of after the effective date of division A of this available. Homeland Security to provide training to Act. Sec. 2403. Compensatory Time off for Trav- asylum officers, immigration judges, mem- el. Grants to federal employees compen- bers of the Board of Immigration Appeals DIVISION C—FEDERAL WORKFORCE satory time off for time spent in travel sta- and immigration officers on these guidelines. IMPROVEMENT tus away from duty station to the extent not Sec. 1252. Unaccompanied Refugee Chil- Title XXI—Chief Human Capital Officers otherwise compensable. dren. This section requires an analysis of the Sec. 2101. Short Title. This title may be situation faced by unaccompanied refugee cited as the ‘‘Chief Human Capital Officers AUGUST 28, 2002. children around the world and requires train- Act of 2002.’’ Hon. JOSEPH I. LIEBERMAN, ing on the needs of these refugee children. Sec. 2102. Agency Chief Human Capital Of- Hon. FRED THOMPSON, Subtitle F—Authorization of Appropriations ficers. Creates a chief human capital officer Senate Committee on Governmental Affairs, U.S. Sec. 1261. Authorization of Appropriations. in major agencies (i.e., agencies that are re- Senate, Washington, DC. This section authorizes such sums as may be quired, under the Chief Financial Officers DEAR CHAIRMAN LIEBERMAN AND RANKING necessary to carry out the provisions of this Act of 1990, to have Chief Financial Officers), MEMBER THOMPSON: We commend your lead- title. who will advise and assist in carrying out ership and dedication to the creation of a

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8179 new Department of Homeland Security. We Separation of functions. Immigration law border patrol; (2) detention; (3) removal; (4) thank you for the opportunity to contribute and policy can roughly be divided into two intelligence; and (5) investigations. to this historic legislation. components—enforcement and services. Cur- Offices Within Each Bureau. Each bureau As division B of your legislation currently rently, the enforcement and service func- has its own Chief Budget Officer (under the includes immigration provisions drawn in tions are commingled in a way that creates direction of the Directorate’s Chief Finan- large part from legislation that we intro- conflicting priorities and troubling ineffi- cial Officer). Each bureau also has an Office duced earlier this year—S. 2444, the Immi- ciencies. There must be a clearer separation of Quality Assurance (which develops proce- gration Reform, Accountability, and Secu- of the enforcement and services functions to dures and conducts audits to ensure that the rity Enhancement Act of 2002, we here pro- achieve great clarity of mission and thereby Director’s policies are properly imple- vide you with an explanation of the intent greater efficiency in the respective func- mented) and an Office of Professional Re- behind this language. tions. sponsibility (which ensures professional con- Purpose and Summary. For years, the Im- Coordination. At the same time, the two duct by bureau personnel). migration and Naturalization Service (INS) functions cannot exist independent of each Office of the Ombudsman. Reporting to the has been plagued by myriad problems, in- other. Almost every immigration-related ac- Under Secretary, is the Office of the Om- cluding mission-overload, mismanagement, tion involves both an adjudicatory and en- budsman, which assists the public in resolv- and insufficient resources. For too long, INS forcement component. Law enforcers must ing individual cases, identifying systemic has been unable to meet its dual responsi- be cognizant of immigration benefits and re- problems encountered by the public, and pro- bility of enforcing our immigration and na- lief; adjudicators must be mindful of immi- posing solutions to those problems. The Of- tionality laws and providing services to new- gration fraud and transgressions. Accord- fice of the Ombudsman will report to Con- comers, refugees, and aspiring citizens. ingly, effective coordination between the gress annually. A critical component of homeland security two functions must exist for either function Office of Immigration Statistics. The Di- is an agency that effectively polices our bor- to work well. rectorate also contains an Office of Immigra- ders, enforces our laws, and provides timely Strong, Central Authority. Given the dy- tion Statistics, which is responsible for col- immigration services. To responsibly create namic of having separate but coordinated lecting and analyzing statistical information an Office of Homeland Security, we must ad- functions, it is essential to establish a for both the Directorate and the immigra- dress the inadequacies of the INS. strong, central authority to ensure uniform tion court system. Accordingly, Division B abolishes the INS immigration policy, efficient interaction be- Raised Profile of Immigration. After Sep- and replaces it with a Directorate of Immi- tween components, and fiscal responsibility. tember 11th, it is clear that strengthening gration Affairs (Directorate) placed squarely There must be a focal point for managerial our immigration system is an indispensable within the Department of Homeland Secu- accountability for all immigration-related part of the nation’s efforts to prevent future rity. actions, as well as a central decision-maker terrorist attacks. Remedying INS’ adminis- Legislative History. The Judiciary Com- trative woes is critical, but will do little to mittee has earnestly debated how best to re- to guarantee that all aspects of immigration policy and implementation get appropriate improve our security if the agency that ad- form the INS. Since 1998, the Judiciary Com- ministers our immigration laws and policies mittee has held five hearings on this topic, attention. Division B satisfies all three of these prin- is not given the priority and attention it de- and Senate bills to reform INS have been in- serves. troduced in each of the last three Con- ciples. First, it abolishes INS and creates a Directorate of Immigration Affairs (Direc- Immigration law and policy is extremely gresses. In each hearing, governmental and complex and dynamic. Immigration officers private sector experts critiqued the workings torate) within the new Department of Home- land Security. The Directorate consists of are charged with a wide variety of duties. of INS and offered substantive, insightful INS guards the borders, admitting more than recommendations on how to revamp that three offices: the Office of the Under Sec- retary of Immigration Affairs, the Bureau of 500 million citizens, permanent residents, agency. From those hearings, certain prin- and lawful visitors, students, and temporary ciples have emerged: the need for a separa- Enforcement and Border Affairs, and the Bu- reau of Services. workers each year. INS also adjudicates hun- tion of functions, the need for greater coordi- dreds of thousands of applications for citi- nation between functions, and the need for a Under Secretary of Immigration Affairs. zenship, permanent residence, changes of strong, central authority to ensure con- The Directorate is headed by an Under Sec- status, and work authorization annually. sistent policy and implementation. retary of Immigration Affairs (Under Sec- In the 106th Congress, Senator Abraham retary). Under the authority of the Sec- Further, INS is responsible for apprehending and Senator Kennedy, chair and ranking retary of Homeland Security, the Under Sec- unlawful entrants, investigating fraud, en- member of the Immigration Subcommittee, retary is responsible for administering the forcing employment sanctions, and removing introduced S. 1563, the ‘‘INS Reform and Bor- Directorate, including the direction, super- criminal aliens. At the same time, INS en- der Security Act of 1999,’’ a bipartisan at- vision, and coordination of both bureaus. tertains family-based and employment-based tempt to split enforcement and services into The Under Secretary develops and imple- visa petitions, while also hearing asylum in separate bureaus and to elevate the profile of ments U.S. immigration policy and ensures the United States and refugee claims around the immigration agency within the Depart- that immigration policy is coordinated and the world. ment of Justice. This legislation served as applied consistently through: (1) administra- Given the array of responsibilities and the the basis for legislation in the 107th Con- tion and enforcement of U.S. immigration sheer volume of people involved, immigra- gress: S. 2444, the ‘‘Immigration Reform, Ac- laws; (2) administration of the Directorate; tion functions merit special attention. The countability, and Security Enhancement Act (3) inspection of individuals arriving at ports immigration functions must not be diluted of 2002,’’ another bipartisan bill, introduced of entry; (4) management of resources, per- in with a host of other border functions. by Senator Kennedy and Senator Brown- sonnel, and other support; and (5) manage- They deserve a separate directorate wherein back, chair and ranking member of the cur- ment of information resources, including the various missions of INS, which standing rent immigration subcommittee. S. 2444, like maintenance and coordination of records, alone are diverse enough, can be properly at- its predecessor, splits enforcement and serv- databases and other information within the tended. Elevation of the INS within its own ices into separate bureaus and seeks to ele- Directorate. directorate also achieves the necessary bal- vate the profile of immigration in the De- Reporting to the Under Secretary is a Gen- ance between enhancing our security, secur- partment of Justice. Cosponsors of S. 2444 in- eral Counsel who serves as chief legal officer ing our borders, and ensuring the effective, clude Senators Hatch, Feinstein, DeWine, for the Directorate. A Chief Financial Officer efficient, and fair implementation of our im- Durbin, Helms, Edwards, Hagel, Daschle, is responsible for directing, supervising, and migration laws. Dodd, Graham, and Clinton. coordinating the Directorate’s budget. Also Need to Keep Enforcement and Services Need for INS Reform. Experts both inside in the Office of the Under Secretary is a Together. Almost every immigration-related and outside government have reached the Chief of Policy and Strategy, and a Chief of action involves both enforcement and service same conclusions regarding the most critical Congressional, Intergovernmental, and Pub- components. Coordination of these key func- problems with the INS. In a report from the lic Affairs. tions is critical to ensure consistent inter- early 1990s, the General Accounting Office Bureau of Immigration Services. The Bu- pretation and implementation of the law, observed that the INS’ problems stem from a reau of Immigration Services, headed by its clarity of mission, and in turn, more effi- lack of clearly defined goals and priorities, Assistant Secretary, administers the service cient adjudications and more effective en- inconsistent leadership and weak manage- functions of the Directorate, including: (1) forcement. Coordination of immigration ment systems, and overlapping and incon- visa petitions; (2) applications for adjust- functions cannot be achieved merely by cre- sistent programs. In the years since, these ment of status and change of status; (3) natu- ating a shared database or some com- observations have been echoed in witness ralization applications; (4) asylum and ref- monality of management far up the adminis- testimony, academic publications, and re- ugee applications; (5) determinations regard- trative ladder. Moreover, coordination is cer- ports issued by various commissions. The ing the custody and parole of asylum seek- tainly impossible when enforcement and criticisms of INS have remained consistent ers; and (6) Service Center adjudications. services are housed in different departments. over the past decade. Bureau of Enforcement and Border Affairs. Inconsistent policies and interpretations of With the criticisms have come various rec- The Bureau of Enforcement and Border Af- the law, the lack of a common culture, and— ommendations on how to rehabilitate the fairs, headed by its Assistant Secretary, ad- most importantly—the absence of a single, agency. Three guiding principles can be dis- ministers the immigration enforcement integrated authority who can resolve dif- tilled from those recommendations: functions of the Directorate, including: (1) ferences result in a disjointed immigration

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8180 CONGRESSIONAL RECORD — SENATE September 4, 2002 policy and undermines the efficacy of both group home settings, medical and mental Chair, Subcommittee enforcement and services. health care, skills training, education, fam- on Immigration, September 11th brought to light serious ily tracing, and legal assistance. Such serv- Committee on the Ju- problems with immigration enforcement, but ices are tailored to address the cultural, lin- diciary. there are equally serious problems with im- guistic, legal, and developmental needs of SAM BROWNBACK, migration services. If services are divorced newcomer children and the individual needs Ranking Member, Sub- from enforcement, particularly in a depart- of the child. ORR can easily integrate the committee on Immi- ment dedicated to security, services will care of unaccompanied alien children into its gration, Committee continue to struggle and will inevitably, and existing functions. on the Judiciary. Responsibilities. Minimum standards for understandably, be devalued and assigned f lesser priority. To ensure that services are the care and custody are set forth in the leg- not ‘left behind’ in a security culture, it is islation, as are ensuring that unaccompanied ORDER FOR RECESS essential that they be recognized as the children are housed in appropriate shelters Mr. REID. Madam President, I ask other half of the immigration equation. or with foster families who are able to care Coordination with Other Border Functions. for them. unanimous consent that the Senate Coordinating the border security functions Specifically, ORR will be responsible for: stand in recess from 2:30 p.m. to 3:30 within the Department of Homeland Secu- (1) ensuring that the best interests of the p.m. today for a briefing by Secretary rity is critical, whatever the agency’s con- child are considered in the care and place- Rumsfeld. figuration. That coordination is achieved by ment of unaccompanied alien children; (2) The PRESIDING OFFICER. Without creating a Border Coordination Working making placement, release, and detention objection, it is so ordered. Group, composed of the Secretary, the Under determinations; (3) implementing determina- The Senator from Tennessee. tions; (4) convening the Interagency Task Secretary for Border and Transportation Se- Mr. THOMPSON. Madam President, I curity, and the Under Secretary for Immi- Force on Unaccompanied Alien Children; (5) identifying qualified persons, entities, and thank the Senator from Connecticut gration Affairs. The Working Group is re- for the statement he has made today sponsible for coordinating functions nec- facilities to house unaccompanied alien chil- essary to secure the borders, territorial dren; (6) overseeing persons, entities and fa- and for his leadership, once again, on waters, ports, terminal, waterways, and air, cilities; (7) compiling and publishing a State- this issue, and for his contribution to- land, and sea transportation systems of the by-State list of professionals or other enti- ward our being here today. He speaks United States. ties qualified to contract with the Office to eloquently as to our need to do things provide services; (8) maintaining statistical The responsibilities of this office include: differently with regard to this Govern- Coordinating budget requests and alloca- information and other data on unaccompanied alien children in the Office’s custody ment and with regard to the reorga- tion of appropriations, staffing require- nization of a very important part of ments, communication, use of equipment, and care; (9) collecting and compiling statis- transportation, facilities and other infra- tical information from the INS (or successor our Government. His analogy of gaso- structure; entity); and (10) conducting investigations line and engines I think is right on Developing and implementing policies and and inspections of facilities and other enti- point. It doesn’t matter how much gas- technologies to ensure the speedy, orderly, ties where unaccompanied alien children re- oline you put into a faulty engine, it is and efficient flow of lawful traffic, travel, side. The legislation also provides children still a faulty engine. and commerce and enhanced scrutiny for with access to appointed counsel and guardians ad litem. We need to do better than that. high risk travelers and cargo; There is no reason that at end of the Monitoring, evaluating, and making im- Responsibility for adjudicating immigra- provements in the coverage and geographic tion benefits will not transfer over to HHS day we can’t pass a bill that is going to distribution of border security programs and but will remain with the INS (or its suc- make this country safer than it was be- personnel; cessor) and the immigration court system. fore, and that is our common goal. Immigration Court System. The current Coordinating joint and cross-training pro- Few need to be reminded why we are immigration court system—the Executive grams for personnel performing border secu- Office for Immigration Review (EOIR), which here. While September 11 was not the rity functions; and opening salvo, it was the event that Identifying systemic problems in coordina- contains the immigration courts and the Board of Immigration Appeals—is a compo- forced us to confront the scope of the tion encountered by border security agencies nent of the Department of Justice. The im- and programs and proposing administrative, threats to our country and to recognize migration court system exists not in statute, regulatory, or statutory changes to mitigate the need to do something significant but only in regulation. and meaningful to address those such problems. The evolution of the immigration courts The Working Group also consults with rep- threats. reflects the importance of impartiality. resentatives of other agencies or depart- Originally, the court system was entirely Prior to the 1980s, most terrorist ments to enhance coordination and coopera- contained within the INS. In response to groups were regionally focused and tion, curtail overlapping and duplicative criticisms that judge and ‘‘prosecutor’’ lacked the means and the connections functions, and reduce interagency rivalries. should not be housed together, the immigra- to operate on a global scale. They re- At the same time, experts in each of these tion courts were moved to a separate compo- lied upon state sponsors for financial agencies retain their authority and ability nent within the Justice Department—the to perform their jobs at this critical time. support and often fought for ideolog- EOIR—in 1983. Even parsed out into separate ical reasons. The few exceptions were Treatment of Unaccompanied Minors. Un- components, however, concerns remain that accompanied minors deserve special treat- the immigration courts are still too closely those who fought to destroy the Israeli ment under our immigration laws and poli- aligned with the immigration enforcers. state. During the 1980s, this trend cies. Many of these children have been aban- Concerns about the impartiality of a court began to change. With the increase in doned, are fleeing persecution, or are escap- system located in a law enforcement agency militant Islamic attacks against ing abusive situations at home. These chil- are certain to be exacerbated if the court Israel, the rise of revolutionary Iran, dren are either sent here by adults or forced system is relocated to a security agency. If by their circumstances, and the decision to and the formation of Mujahedin in Af- INS moves, then it is best to leave the immi- ghanistan, terrorism began to take a come to our country is seldom their own. gration court system where it is—in the Jus- Currently, INS has responsibility for the tice Department—and thereby keep judge more extremist tone. Then, in 1983, a care and custody of these children. It would and enforcer well separated. small group in Lebanon, now known as not be appropriate to transfer this responsi- The immigration court system is critical Hizballah, began using a devastating bility to a Department of Homeland Secu- both to law enforcement and to humani- new tactic to target Western troops: rity. tarian protections. The immigration courts suicide bombings. The United States Office of Refugee Resettlement. This legis- daily make decisions that could remove a was the first to experience the destruc- lation transfers responsibility for the care criminal alien from our country, provide safe and custody of unaccompanied alien children haven to an asylum-seeker fleeing torture or tiveness of this form of attack. In April who are in Federal custody (by reason of execution, and keep together or break up 1983, a suicide bomber drove a 2,000 their immigration status) from INS to the families. The immigration courts make po- pound truck bomb into the U.S. em- Office of Refugee Resettlement (ORR) in the tentially life-or-death decisions every day bassy in Beirut, killing 63. The full im- Department of Health and Human Services and are therefore too important to exist only pact of suicide bombings, however, was (HHS). ORR has decades of experience work- in regulation. not felt until 6 months later. On Octo- ing with foreign-born children, and ORR ad- We look forward to working with you on ber 23, 1983, a lone suicide bomber ministers a specialized resettlement program this legislation and making additional rec- for unaccompanied refugee children. ommendations as it is considered by the full drove a truck laden with explosives HHS coordinates comprehensive services Senate. into the U.S. Marine Corps barracks in to address the special needs of newcomer Sincerely, Beirut, killing 241 American service- children, including placement in foster or EDWARD M. KENNEDY, men and injuring dozens more.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8181 Since 1983, we have experienced other proposal is not a new idea. Seven Both the President’s proposal and the terrorist attacks as well. In 1989, ter- months before September 11, the Hart- committee’s substitute amendment to rorists downed Pam Am 103, killing Rudman Commission released its third the Lieberman-Specter bill would en- over two hundred; in 1993, extremists comprehensive report on U.S. national hance border security by bringing in tried to destroy the World Trade Cen- security. To the surprise of many, the under one roof all the agencies respon- ter by detonating a van laden with tens commission proposed the creation of a sible for border control. The Border Pa- of pounds of high explosives; in 1995, new federal department to better trol, the Customs Service, the new Timothy McVeigh exploded a rental counter the threat posed by terrorism. Transportation Security Administra- van outside the Oklahoma Federal Unfortunately, most considered such tion, the appropriate components of Building, killing 168 people; in 1996, re- an idea at that time to be impractical. the Animal and Plant Health Inspec- ligious extremists blew up the Khobar Even after September 11, many of us tion Service, and the coast guard will Towers in Saudi Arabia, killing 19 were less than enthusiastic about the all become a part of the new depart- American servicemen and injuring an- creation of such a department. To their ment, with an eye towards developing a other 372; in 1998, extremists blew up credit, Senators Hart and Rudman con- fully integrated approach to border se- truck bombs outside the U.S. embas- tinued to push for a department. Our curity operations. sies in Tanzania and Kenya, murdering colleagues, Senator LIEBERMAN and On border security, I do want to 252 people, including 12 Americans, and Senator SPECTER, eventually took up point out my concern that the com- injuring at least 5,000 more; and in 2000, their cause and offered legislation that mittee substitute keeps the compo- extremists blew themselves up along- would create a Department of Home- nents of the Immigration and Natu- side the U.S.S. Cole, nearly sinking the land Security. ralization Service intact in a new Im- Over the last eleven months, the ship. 17 American sailors were killed migration Affairs Directorate of the President’s Office of Homeland Secu- new department. I think the Border and another 39 were wounded. rity has carefully examined every facet The list does not include a number of Patrol must not only become part of of our homeland security weaknesses, planned terrorist attacks that were the new department, but must be made our needs, our effort, our allocation of disrupted or prevented by U.S. or for- a part of the Border and Transpor- resources. It considered numerous pro- tation Security Directorate if the new eign intelligence, military, and law en- posals for a homeland security organi- Department of Homeland Security is to forcement operations. It is easy to zation from outside studies, commis- be as effective as we need it to be. I imagine, however, that this list could sion, and members of Congress, includ- hope we are able to take a look at this have been much longer. ing the Hart-Rudman proposal. The structural issue as the debate proceeds. Over the last 10 years, Congress lit- President eventually came to the con- The President proposed that the new erally held dozens of hearings on what clusion that reorganization on a large department contain a component to as- we should do to combat terrorism. We scale was necessary. The President’s sess the Nation’s vulnerabilities to ter- have also had report after report high- proposal would not have been possible rorism, analyze information regarding lighting the dangers of terrorism. The had the Administration not taken the threats to our homeland, and match General Accounting Office alone has time to conduct its comprehensive re- the threat assessments to the nation’s issued over 50 reports on various ways view. vulnerabilities to help prioritize our to better protect our country against The President’s June 6 proposal was homeland security efforts. The Presi- terrorist attack. Several independent unusual in several respects. Reorga- dent’s proposal was designed to fill a commissions have also recommended nization of the executive branch on gap in the Federal Government’s intel- measures that would have addressed this scale has not occurred or been at- ligence capabilities. While a number of many of our vulnerabilities. Unfortu- tempted for 55 years. The proposal agencies conduct a variety of threat as- nately, we did not implement measures would move 22 federal agencies and sessments, and a few agencies conduct because they were either costly or un- programs with some 170,000 employees narrowly focused vulnerability assess- popular. We lacked both consensus and into a single department with a total ments, no one in the federal govern- a sense of urgency. budget for fiscal year 2003 of nearly $38 ment married the threats with the If anything positive can be gleaned billion. vulnerabilities to develop national pol- from the tragic attacks of September Upon receiving the President’s pro- icy. The committee substitute differs 11, perhaps it is the appearance of a na- posal, the governmental Affairs Com- from the President’s proposal by split- tional consensus for change. Most mittee held a number of hearings and ting the intelligence analysis compo- Americans today believe that the defi- subsequently marked up a substitute nent of the new department from the ciencies in our homeland security must amendment to S. 2452, the bill we are infrastructure protection component be corrected and are willing to bear the moving to consider. While there is and creating two distinct organizations costs of doing so. broad overlap between the President’s within the new department. President Bush has personally em- proposal and the committee’s sub- I support the establishment of an in- braced this task and employed every stitute amendment, there are signifi- telligence capability in the new depart- tool at his disposal. Some of the ac- cant differences as well. The debate ment, but I believe the President’s pro- tions that he has taken to date include: will mostly focus on the differences. posal is more sound than the Commit- Destroying terrorist camps in Afghani- Before I highlight some of these areas, tee’s approach. I will discuss this later. stan and helping to restore a civil gov- let me also take some time to summa- Clearly, one of the greatest strengths ernment in that beleaguered land; rize the Committee’s substitute and ex- we have to employ against potential tracking and eliminating funding plain the importance of some of its pro- enemies of our nation is technology. sources for terrorist organizations; de- visions. The President proposed a component of ploying greater intelligence resources As it currently stands, our country’s the new department to focus on weap- around the world to hunt down terror- homeland security effort is disorga- ons of mass destruction, which the ists; fostering an international con- nized and disjointed. Many Federal President believes are not receiving sensus and forming a diplomatic coali- agencies responsible for homeland se- adequate attention from existing agen- tion against terrorism and its sup- curity have many other responsibilities cies. Building on the President’s pro- porters; creating the Northern Com- as well. The guiding principle of the posal, Chairman LIEBERMAN, Senator mand in the Department of Defense to proposals to reorganize Federal agen- DOMENICI, Chairman BINGAMAN, and I manage and coordinate the defense of cies into a new department of Home- worked to develop a Science and Tech- the territory of the United States; and, land Security is the recognition that nology Directorate to develop and doubling the ‘‘Homeland Security’’ the Nation needs a reinvigorated and focus a concerted national effort, rely- budget to $38 billion; and developing a refocused effort on the part of these ing on resources the Federal Govern- National Homeland Security Strategy. agencies. A new department will force ment has already deployed, primarily A critical element of the Administra- agencies whose missions only partly in- the National Laboratories and their tion’s response to terrorism is the volve homeland security to refocus partnerships, that will develop new President’s proposal to create a De- their efforts to make homeland secu- technologies to combat terrorist partment of Homeland Security. this rity their primary effort. threats.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8182 CONGRESSIONAL RECORD — SENATE September 4, 2002 Thus far, the department that both gress must together do a better job of a reality throughout the executive the President and the Committee pro- managing the taxpayers’ money. Sim- branch. The President has developed a pose focuses its efforts on prevention, ply put, we are a government that can- management agenda that, when fully on before-the-fact counter-terrorism not pass an audit. implemented, will force agency man- activities. The proposals go further, Last year, the Government Affairs agers to focus more closely on the re- however, by bringing in as part of the Committee released a report titled sults they are achieving with the re- new department the responsibilities for ‘‘Government at the Brink,’’ that high- sources Congress and the taxpayers consequence management, for the lighted some of the waste, fraud, and provide to them. after-the-fact efforts. The main compo- mismanagement that pervades our Congress, which started the revolu- nent of this aspect of the proposals is Federal Government. Unfortunately, tion toward performance-based man- the inclusion of the Federal Emergency this new department is inheriting a aging in Government, should encourage Management Agency in the new De- number of agencies that were the focus the executive branch to continue to in- partment of Homeland Security. of that report. The Immigration and crease its emphasis on managing for re- By bringing together the manage- Naturalization Service lacks sufficient sults. We should be a partner with the ment of the prevention responsibilities staff resources to perform intelligence President in encouraging new manage- and the consequence management re- functions; the Customs Service cannot ment techniques and giving Federal sponsibilities, we hope to eliminate bu- rely on its data systems to determine managers the tools they need and the reaucratic impediments and unify di- where the workload is heaviest and flexibility they require to accomplish verse bureaucracies, improve coordina- therefore where to assign its employ- the missions we assign to them. In re- tion, find and exploit appropriate ees; the Federal Emergency manage- turn, we must demand greater account- synergies, and strengthen the Federal ment Agency, FEMA, faces significant ability from the President and those he Government’s entire homeland secu- problems in managing its grants, and appoints to manage Federal agencies. rity effort. the list goes on and on. Even with this emphasis by both We must be realistic about this reor- These are not partisan problems. branches of Government on better ganization. It is mammoth. It will take They developed and have existed in management, the results are mixed at years of exacting effort to get it done. both Republican and Democratic ad- best. Each year, the GAO continues to Congress may be called upon again to ministrations. They have flourished place the same agencies and the same legislate changes to the new depart- when Democrats controlled both Departments on its list of entities that ment. Let us not forget that many be- Houses of Congress, when Republicans are at high risk for waste, fraud, and lieve that the Defense Department was controlled both Houses of Congress, mismanagement, demonstrating how not fully realized until 1986, almost 40 when Republicans controlled both deep and seemingly intractable this years after it creation, when Congress Houses of Congress, and when there problem is—which brings us to our enacted the Goldwater-Nickles Act. was split control of Congress. present consideration: We simply must When the President first proposed While we cannot cure these govern- give this new department and this new this massive homeland security reorga- ment-wide problems in this bill, we Secretary the management tools with nization, I did some research into the must recognize them, learn from our which to carry out this new massive mergers of private companies. My staff experience with them, and try to avoid and vitally important job. and I have consulted with management these problems in the future as we cre- The sheer volume of people, property, and merger experts in the private sec- ate this new Department. and assets involved in the new depart- tor and in academia. I regret that their The current management paradigms ment is overwhelming. Coupled with analysis of the prospect for success was for the Government that try to address our expectations that this new depart- largely pessimistic. Many private sec- these problems are largely the creation ment will be the cure that will tor mergers fail. The problems are ob- of the post-World War II expansion of strengthen our domestic security, I vious: blending corporate cultures and the executive branch. They are largely fear that we are setting ourselves up product lines is not a simple task. chief premised on a command-and-control for failure if we do not provide the new executive officers who have been approach to management. These para- Secretary with the flexibility to man- through mergers that were smaller and digms are out of date for the modern, age the department properly. much less complicated than this one largely white-collar, technological By maintaining the status quo, not give us only about a 20 or 30 percent workforce needed by the Federal Gov- only will the Secretary be required to chance of success. These odds are not ernment to meet the challenges of the pay the same salary to two counterter- promising. It makes me wonder what 21st century. The current management rorism experts with vastly different we need to do to improve those odds. structure throughout the executive performance and ability levels, we are The transition period will be particu- branch puts no premium on account- also prohibiting the Secretary from ac- larly difficult. In some ways, it will be ability. Managers find it difficult to re- cessing a single cent of the unexpended like an elephant on roller skates at- ward good performers, and even more funds from agencies that are trans- tempting to learn to juggle. difficult to sanction poor performers. ferred to the new department to assist The proposed reorganization will be Efforts by employees and managers to in the transition. Instead, the Sec- greatly complicated by the fact that find new ways to meeting agency mis- retary must appeal to Congress to several of the agencies being trans- sions are rebuffed, often by political enact enabling legislation each and ferred currently are themselves dys- appointees who have only short-term every time the Secretary of the new de- functional from a management stand- goals in mind. These appointees rarely partment needs some flexibility to re- point. A lack of coordination, improper see the value of major management reorganize or get this department up and payments, waste, missing equipment, forms whose benefits may not accrue running successfully. human capital shortcomings, and pro- to the agency and its leaders for years Supporters of the legislation before gram inefficiencies are all serious prob- to come and long after they are gone. us disagree. They argue that the Sec- lems confronting the Federal Govern- For a number of years, both the leg- retary does not need additional mana- ment at large. These problems will islative and executive branches have gerial tools or flexibility to take on piggy-back their way into the new de- been promoting performance-based this monumental task. It is true that partment with the incoming compo- management. The primary legislative flexibility is not needed to set up an- nent agencies and will limit its effec- reform to promote a new emphasis on other Federal bureaucracy that resem- tiveness unless we address them here. results is the Government Performance bles the rest of Government. Flexi- The management challenges facing and Results Act—we call it the Results bility is not needed to replicate the this Department are in many respects Act—which was enacted by a Demo- problems that pervade our Government a reflection of the Federal Government cratic Congress during a Democratic in terms of Federal workforce manage- as a whole. For years, the Govern- administration. President Bush and his ment, financial management, informa- mental Affairs Committee has had pa- staff at the Office of Management and tion technology management, and pro- rades of witnesses and reports telling Budget have made great efforts to gram overlap and duplication. Manage- us that the executive branch and Con- make performance-based management rial tools and flexibility are not needed

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8183 to create another Federal Department The amendment is as follows: (i) to treat warrants, options, contracts to that ranks at the top of the General acquire stock, convertible debt instruments, Accounting Office’s ‘‘high-risk’’ list of (Purpose: To prohibit the Secretary of Home- and other similar interests as stock, and land Security from contracting with any agencies in the Government that are (ii) to treat stock as not stock. corporate expatriate) (2) EXPANDED AFFILIATED GROUP.—The term most vulnerable to waste, fraud, and After section 171, insert the following: ‘‘expanded affiliated group’’ means an affili- mismanagement. Managerial tools and ated group as defined in section 1504(a) of the flexibility are not needed to create a SEC. ll. PROHIBITION ON CONTRACTS WITH Internal Revenue Code of 1986 (without re- civil service, that, according to one ex- CORPORATE EXPATRIATES. gard to section 1504(b) of such Code), except pert, Paul Light, of the Brookings In- (a) IN GENERAL.—The Secretary may not that section 1504(a) of such Code shall be ap- stitution, and former staff member to enter into any contract with a foreign incor- plied by substituting ‘‘more than 50 percent’’ the Governmental Affairs Committee: porated entity which is treated as an infor ‘‘at least 80 percent’’ each place it ap- verted domestic corporation under sub- pears. Underwhelms at virtually every task it un- section (b). (3) FOREIGN INCORPORATED ENTITY.—The dertakes. It is sluggish at hiring, hyper-in- (b) INVERTED DOMESTIC CORPORATION.—For term ‘‘foreign incorporated entity’’ means flated at appraising, permissive at pro- purposes of this section, a foreign incor- any entity which is, or but for subsection (b) moting, weak-kneed at disciplining, and porated entity shall be treated as an in- would be, treated as a foreign corporation for mind-numbingly elongated at firing. verted domestic corporation if, pursuant to a purposes of the Internal Revenue Code of Our goal in this new department plan (or a series of related transactions)— 1986. must not be to replicate the failures (1) the entity has completed the direct or (4) OTHER DEFINITIONS.—The terms ‘‘per- Mr. Light outlines, but, rather, to indirect acquisition of substantially all of son’’, ‘‘domestic’’, and ‘‘foreign’’ have the make improvements. If we cannot im- the properties held directly or indirectly by meanings given such terms by paragraphs prove our well-known operational a domestic corporation or substantially all (1), (4), and (5) of section 7701(a) of the Inter- of the properties constituting a trade or nal Revenue Code of 1986, respectively. shortcomings now that our Nation’s se- business of a domestic partnership, (d) WAIVER.—The President may waive sub- curity is at issue, when in the world (2) after the acquisition at least 50 percent section (a) with respect to any specific conwill we ever be able to do so? of the stock (by vote or value) of the entity tract if the President certifies to Congress According to the legislation before us is held— that the waiver is required in the interest of today, the mission of the new depart- (A) in the case of an acquisition with re- national security. ment is to ‘‘promote homeland secu- spect to a domestic corporation, by former Mr. WELLSTONE. Mr. President, I rity,’’ ‘‘prevent terrorist attacks,’’ and shareholders of the domestic corporation by ask unanimous consent that I have 5 ‘‘reduce the vulnerability of the United reason of holding stock in the domestic cor- minutes, without losing my place in poration, or States to terrorism.’’ I question how (B) in the case of an acquisition with re- the debate, as in morning business. this new department will possibly be spect to a domestic partnership, by former The PRESIDING OFFICER (Mr. CAR- able to fulfill its mission if it is bogged partners of the domestic partnership by rea- PER). Without objection, it is so or- down by the same old persistent man- son of holding a capital or profits interest in dered. The Senator is recognized for 5 agement problems that have faced the the domestic partnership, and minutes. Following his statement, he rest of our Government for so many (3) the expanded affiliated group which will have the floor. years. after the acquisition includes the entity does (The remarks of Mr. WELLSTONE are First and foremost, I think most of not have substantial business activities in printed in today’s RECORD under the foreign country in which or under the us would agree with Paul Light, and ‘‘Morning Business.’’) law of which the entity is created or orga- Mr. WELLSTONE. Mr. President, I other experts, that the Federal civil nized when compared to the total business service system, the process the Federal activities of such expanded affiliated group. rise to speak to a very simple amendment I introduced. I say to my col- Government uses to hire and promote (c) DEFINITIONS AND SPECIAL RULES.—For workers, is broken. purposes of this section— leagues, this actually was passed in the Madam President, this is a logical (1) RULES FOR APPLICATION OF SUBSECTION House in the homeland defense bill. It stopping point for me. If I am reading (b).—In applying subsection (b) for purposes certainly is relevant that we bar the the clock correctly, we are very close of subsection (a), the following rules shall Secretary of Homeland Security from to the time of recess for our briefing. apply: entering into contracts with U.S. com- So, with that, I yield the floor. (A) CERTAIN STOCK DISREGARDED.—There panies that give up U.S. citizenship to shall not be taken into account in deter- avoid U.S. taxes. f mining ownership for purposes of subsection I need to really summarize this (b)(2)— RECESS (i) stock held by members of the expanded amendment again. This is a very sim- The PRESIDING OFFICER. Under affiliated group which includes the foreign ple amendment that would bar the Sec- the previous order, the Senate stands incorporated entity, or retary of Homeland Security from en- in recess until the hour of 3:30 p.m. (ii) stock of such entity which is sold in a tering into contracts with U.S. compa- public offering related to the acquisition de- nies that give up U.S. citizenship to Thereupon, the Senate, at 2:28 p.m., scribed in subsection (b)(1). recessed until 3:30 p.m. and reassem- avoid U.S. taxes. (B) PLAN DEEMED IN CERTAIN CASES.—If a To about 99.9 percent of people in bled when called to order by the Pre- foreign incorporated entity acquires directly Minnesota and probably to about 99.9 siding Officer (Mr. REID). or indirectly substantially all of the properties of a domestic corporation or partner- percent of the people in the country, f ship during the 4-year period beginning on this is a very reasonable proposition. HOMELAND SECURITY ACT OF the date which is 2 years before the owner- My colleagues might remember that I 2002—Continued ship requirements of subsection (b)(2) are had an amendment like this to the De- met, such actions shall be treated as pursu- fense appropriations bill which passed AMENDMENT NO. 4486 TO AMENDMENT NO. 4471 ant to a plan. here by unanimous vote. The PRESIDING OFFICER. The Sen- (C) CERTAIN TRANSFERS DISREGARDED.—The Before I get into the specifics of my ator from Minnesota. transfer of properties or liabilities (including amendment, let me make a quick com- by contribution or distribution) shall be dis- Mr. WELLSTONE. Mr. President, I ment about the relevancy of the send an amendment to the desk. regarded if such transfers are part of a plan a principal purpose of which is to avoid the amendment. I gather there is an agree- The PRESIDING OFFICER. The purposes of this section. ment among the majority leader and clerk will report the amendment. (D) SPECIAL RULE FOR RELATED PARTNER- the minority leader to move all nonrel- The legislative clerk read as follows: SHIPS.—For purposes of applying subsection evant amendments. That agreement The Senator from Minnesota [Mr. (b) to the acquisition of a domestic partner- won’t affect this amendment because it WELLSTONE] proposes an amendment num- ship, except as provided in regulations, all was drafted to be relevant. It deals bered 4486. partnerships which are under common con- with government contracts. It deals Mr. WELLSTONE. Mr. President, I trol (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treat- with the Department of Homeland Se- ask unanimous consent that reading of ed as 1 partnership. curity. the amendment be dispensed with. (E) TREATMENT OF CERTAIN RIGHTS.—The The underlying House bill, as I just The PRESIDING OFFICER. Without Secretary shall prescribe such regulations as mentioned, has a similar provision. So objection, it is so ordered. may be necessary— the substance of my amendment is

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8184 CONGRESSIONAL RECORD — SENATE September 4, 2002 fully relevant to this bill. This is the reduce taxes on a U.S. company, in- bad behavior. I have worked with Sen- appropriate place to have this debate, cluding income from Government con- ator GRASSLEY and Senator BAUCUS to as we debate the question of whether tracts. This is called earnings strip- conform this amendment with their we will have a Department of Home- ping. bill that would close the tax loophole. land Security. I have spent the last 2 weeks, or That is what I ultimately want to do. Former U.S. companies that have re- thereabouts, at the Minnesota State Here is how my amendment would nounced their citizenship currently Fair. About half the State’s population work. If a U.S. company reincorporated hold at least $2 billion worth of con- comes. It is quite a happening. It is the in a foreign country and 50 percent or tracts with the Federal Government. I essence of grassroots democracy. I will more of the shareholders of the new don’t think companies that aren’t will- tell you one thing, people are really in- foreign corporation were the same as ing to pay their fair share of taxes dignant about a lot of these inside cor- the shareholders of the old U.S. com- should be able to hold those contracts. porate scandals. pany, then that company would be U.S. companies that play by the Some Senators may say: PAUL, you barred from contracting with any rules, that pay their fair share of taxes, are just jumping on the issue. Well, I homeland security agency if the com- should not be forced to compete with don’t know; this has been my work for pany did not have substantial business bad actors who can undercut their bids years. I will tell you this. Between hav- activity in its foreign home. It is that because of the tax loophole. I had a de- ing some of your savings and putting it simple. That is a perfect operational bate on a similar provision on in stock and seeing it erode in value, or definition of a sham operation. ‘‘Nightline.’’ I said that the vast ma- your savings in a 401(k) eroding, or In other words, this is a two-part jority of companies in Minnesota and CEOs telling them they had an inde- test, and if a company met both tests, around the country, if they had the pendent audit done and everything was it would be barred from contracting lawyers and the accountants, wouldn’t great, to invest more of their 401(k), at with the Department of Homeland Se- do this because they wouldn’t believe it the same time he dumped his stock and curity. was the right thing to do, or many of made $230 million in profit—people are First test: Are a majority of the the smaller businesses in my State and tired of this behavior. shareholders of the new company the all around the country don’t have the This is all about corporate account- same as the shareholders of the old lawyers and the accountants to really ability. That is what this amendment U.S. company? This test is designed to get such a loophole. is all about. What I am saying is that separate the true purchase of two real In the last couple of years, a number these companies are not paying their companies, which is fine, from a sham of prominent U.S. corporations, using fair share. If they want to renounce transaction done just for tax purposes creative paperwork, have transformed their citizenship so they don’t have to when the owners change only the home themselves into Bermuda corporations pay their fair share of taxes, fine, but country. in order to avoid paying their share of don’t expect to get Government con- Second test: Does the new foreign U.S. taxes. These new Bermuda compa- tracts. company have substantial business ac- nies are basically shell corporations. Now, the loophole that we want to tivity in its new foreign home? If it They have no staff, no offices, no busi- get rid of gives tens of millions of dol- doesn’t, then the new foreign parent ness activity in Bermuda. This exists lars of tax breaks to major multi- company is really just a paper shell de- for the sole purpose of shielding in- national companies, and these are tax signed to take advantage of a tax loop- come from the IRS. That is what this cheats. It also puts other companies hole. is about. that are unwilling or unable to use this A lot of this is self-explanatory. I am By the way, I am talking about loophole at a competitive disadvan- not a lawyer, and some of the technical shielding not just profits made abroad tage. No Minnesota company, or no material is hard for me, but this is not but profits made in our country that American company, should be penal- too difficult to figure out. are just shifted. There is a lot of cook- ized for staying put in our country This is contained in the Grassley- ing of the books that goes on. Does while others that renounce their U.S. Baucus tax bill. I believe Congress will that sound familiar to any Senator? citizenship get a tax break. This is a close this tax loophole this year. There U.S. tax law contains many provi- simple proposition. No company that is growing support for doing so in the sions designed to expose such creative does the right thing and stays in our House. I have introduced legislation to accounting and to require U.S. compa- country should be penalized for staying close 24 loophole, and the Senate Fi- nies that are foreign in name only to put while others renounce their U.S. nance Committee has reported a pay the same taxes as other domestic citizenship just to get a tax break, to version of this legislation, which I corporations. But these bad corporate not pay their fair share of taxes. strongly support, that would do so as former citizens exploit a specific loop- The problem is that when these com- well. It is not appropriate for the Sen- hole in current law so that the country panies don’t pay their fair share, the ate to close the tax loophole on this is treated as foreign for tax purposes rest of American taxpayers and busi- bill—this is not a tax bill—but it is ap- and, therefore, pays no U.S. taxes on nesses are stuck with the bill. I think propriate for us to say that if a U.S. its foreign income—or, for that matter, I can safely say that very few of the company wants to bid for a contract on all-too-often a good part of its U.S. small businesses I have visited in De- for U.S. homeland security work, then income. Additionally, these companies troit Lakes, or Mankato, or Duluth, or it should not renounce its U.S. citizen- can use accounting tricks, as docu- Minneapolis, or Northfield, or ship for a tax break. mented by the Senate Finance Com- Faribault, or on the Iron Range, can We all make sacrifices in a time of mittee in their investigations of this avail themselves of the Bermuda Tri- war. The only sacrifice this amend- issue, to reduce their U.S. income on angle. As a matter of fact, they would ment asks of Federal contractors is paper and their U.S. tax on even their not view it as a very patriotic thing to that they pay their fair share of taxes U.S. income. do. They cannot afford the big-name like everybody else. By the way, I thank staff on the Sen- tax lawyers and accountants to show Mr. President, when I was talking ate Finance Committee, majority and them how to do their books Enron about a Mr. Denis Kozlowski, the rea- minority, for their help in working on style, but they probably would not do son I mentioned it, this was about this amendment. We have tried to do it anyway if it meant renouncing their Tyco Company, which has taken ad- this in the right way. I will repeat this citizenship. So the price they pay for vantage of this scheme. It is highly lu- point. They use these accounting their good citizenship, good corporate crative for these corporations. Tyco tricks, which have been documented by citizenship, their good business citizen- International saved $400 million last our Finance Committee, to reduce ship, is a higher tax bill. year by chartering its space in Ber- their U.S. income on paper and reduce Now, the House passed an amend- muda—$400 million. About a month U.S. tax even on U.S. income. ment similar to this amendment on ago, we learned that those savings may These are Enron-like schemes involv- their homeland security bill. My have helped the company buy the CEO ing sham loans and other ‘‘Imclone’’ amendment uses a different mechanism a $19 million home in Boca Raton and transfers that allow these companies to than the House bill to get at the same a $6,000 shower curtain for his place in

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8185 Manhattan. That was in the Wall The PRESIDING OFFICER. The It is shameful to see companies do Street Journal. Here is Tyco Inter- clerk will call the roll. what are called inversions and re- national which saves $400 million, and The legislative clerk proceeded to nounce their American citizenship. the CEO gets a lot of help to buy a call the roll. They have a perfect legal right to do it home and also uses $6,000 to purchase a Mr. DORGAN. Mr. President, I ask under today’s law, but there are ways shower curtain for his place in Manhat- unanimous consent that the order for to try to plug that hole in our Tax tan. the quorum call be rescinded. Code, and a number of us are working Was the company using some of the The PRESIDING OFFICER (Mr. MIL- on that. money that they received in Govern- LER). Without objection, it is so or- The Senator from Minnesota offers ment contracts—$220 million—to pay dered. another proposal with respect to this for that home and apparently a very Mr. DORGAN. Mr. President, my un- specific bill, and that is to say those nice shower curtain? Should we feel derstanding is the pending business is companies that decide they want to re- sorry for these corporations that have the amendment offered by Senator nounce their American citizenship to scrape and pinch to find some tax WELLSTONE. should not be bidding for contracts savings? This is a corporate responsi- The PRESIDING OFFICER. The Sen- under homeland security. bility issue. I think in the House of ator is correct. We have a lot to do with respect to Representatives, altogether, there were Mr. DORGAN. Mr. President, Senator the needs in this country, and the re- over 300 votes for a very similar WELLSTONE has offered an amendment quirement that we all get together, amendment. that deals with a subject I mentioned work together, stay together, to fight I know some of my colleagues have this morning, and I wanted to speak a terrorism and do what we must as an honest-to-goodness philosophical bit more about that subject. It is a sub- Americans to respond to this threat. objection to this approach, and I under- ject that, by its title, most people There is something horribly out of step stand that and respect them for it. On would not think much about. It is with our requirements as Americans, this one, maybe it is the populist in called inversion. our requirements of citizenship, our re- What does inversion mean with reme, but to me this is a straightforward quirements as the stewards of this de- spect to corporate America these days? proposition. If these companies want to mocracy, to see some corporations in Inversion is a process by which a cor- engage in this kind of sham or scam, this country decide they no longer poration decides to renounce its Amer- they want to renounce their citizen- want to be American, they no longer ican citizenship. A number of high-pro- ship, they are not going to get U.S. want to have U.S. citizenship. Tech- file corporations have done that, say- contracts from this new homeland de- nically and currently under the law, ing, we wish to renounce our American fense agency. That is what this amend- they have a right to renounce their citizenship and become citizens of an- ment says. citizenship, but I think it sends a ter- other country—in a couple of cases, I will wait for other colleagues to rible message to our country and to the Bermuda. So an American corporation speak. I will say to my colleague from world when they do that. says, we no longer want to be an Amer- Tennessee that I have been willing to Yes, they can save on taxes by doing ican corporation, we want to be a Ber- accommodate anybody’s schedule—if it perhaps. The question then will be: people want to put off the debate for a muda corporation. Why would a U.S. corporation decide Who will pay the taxes they do not while and vote tomorrow, or whatever pay? Which other Americans would he wants to do. I wanted to begin and it wants to renounce its citizenship? The answer, of course, is very simple. they choose to burden with this addi- get the discussion going on the amend- tional tax bill? Americans working in ment, whatever fits in with the sched- Because there are circumstances under which, in the renouncement of citizen- the manufacturing plants they used to ule, obviously. have in this country or perhaps still Mr. President, I ask unanimous con- ship by a corporation, called an inver- have in this country? Do they want to sent that Senator REID and Senator sion, they can save millions, or tens of shift the burden to working people? BAUCUS be added as original cospon- millions, or perhaps hundreds of mil- That is what happens with respect to sors. lions, of dollars in taxation. So some inversions. The PRESIDING OFFICER. Without companies make a decision, we would objection, it is so ordered. like to no longer be U.S. citizens in I indicated I am going to hold some The PRESIDING OFFICER. The Sen- order that we might save money on our hearings on a couple of these issues. ator from Tennessee. tax bill. I happen to think that is unpa- There is some unfinished business with Mr. THOMPSON. Mr. President, I triotic. respect to this issue of corporate re- thank the Senator from Minnesota. We are at war. Our country is at war sponsibility. We passed a bill and the Senator LIEBERMAN can perhaps con- with terrorists. Nearly 1 year ago, on 9/ President signed it, and that is impor- sult with the Senator from Minnesota 11, we were attacked with unspeakable tant because we have seen now the as to the way we will proceed. If the horror by terrorists in New York City, emergence and the disclosures of cor- Senator is willing to set aside the in Washington, DC, at the Pentagon, porate scandals unparalleled in my amendment for a moment, we will and then there was the aircraft that lifetime. bring it back in due course and proceed crashed in Pennsylvania. You know, I have a card in my pock- with the discussion, if that is agree- Since that time, of course, we have et. I put it in my pocket this morning, able. had a remarkable speech by President because it reminded me of something Mr. WELLSTONE. Mr. President, I Bush, one of the best I have heard in important. I was on an airplane re- say to the Senator from Connecticut, I my service in Congress, calling this cently. I was sitting in an aisle seat, will accommodate his schedule. I want country to cooperate and to work to- and a man sitting two rows ahead of to get the amendment up and have a gether for a common purpose, to wage me in the aisle seat across the aisle, as debate. If the Senator from Con- this war on terrorism. Then in the mid- we landed and before we disembarked, necticut wants to lay the amendment dle of all of this, we read stories about passed me his business card. His busi- aside—whatever best accommodates corporations that decide they want to ness card named him and the company his schedule. As long as my colleagues renounce their citizenship so they can for which he worked. He is president of will be nice to me in the debate and save on taxation. the company. He wrote on the back of praise me, I am willing to do anything I ask a question of a company that the card with a ballpoint pen and he wants. decides it wants to renounce its Amer- passed it to me. I had never met the Mr. LIEBERMAN. It is easy to find ican citizenship: If it gets in trouble man, did not know him. He said: common ground. I thank the Senator somewhere around the world, if some Dear Senator DORGAN, Good morning. I am from Minnesota. I suggest Senator dictator wants to expropriate its assets president of a corporation. I work very hard THOMPSON and I engage in some con- in some country around the world, and I am honest. I believe there are more versation with the Senator from Min- whom is it going to call? The Bermuda like me than not. nesota. For that purpose, I suggest the Navy? The Bermuda Marines? The Ber- This is the president of a corpora- absence of a quorum. muda Army? I do not think so. tion. His first name is John.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8186 CONGRESSIONAL RECORD — SENATE September 4, 2002 I sent John a letter and said: I do not There is something wrong with that. SEC. ll. PROHIBITION ON CONTRACTS WITH ever speak of corporate scandal with- That is a piece of unfinished business. CORPORATE EXPATRIATES. out saying I think we ought to under- We ought to pass legislation that says (a) IN GENERAL.—The Secretary may not stand American business by and large prior bankruptcy, if executives are get- enter into any contract with a foreign incor- in this country is run by wonderful ting bonus and incentive payments as porated entity which is treated as an inverted domestic corporation under sub- men and women, good stewards of the this company heads towards bank- section (b). investors’ money, people who want to ruptcy, there ought to be the right to (b) INVERTED DOMESTIC CORPORATION.—For do the right thing, people who do not recapture that money and use it to purposes of this section, a foreign incor- try to find where the line is and cross help offset the perks and costs with re- porated entity shall be treated as an in- the line, people who do not cook the spect to investors and employees. verted domestic corporation if, pursuant to a books, people who work long hours and That is one piece of unfinished busi- plan (or a series of related transactions)— are honest and do the right thing. That ness. Another piece deals with inver- (1) the entity has completed the direct or is the rule in American business, in my sions and the tax with respect to those indirect acquisition of substantially all of judgment. But it is also true that the corporations that want to renounce the properties held directly or indirectly by emergence and the disclosures of these their American citizenship. There is a domestic corporation or substantially all corporate scandals tarnish all in Amer- unfinished business with respect to cor- of the properties constituting a trade or business of a domestic partnership, ican business and injure those honest, porate responsibility. We did a wonder- (2) after the acquisition at least 50 percent hard-working people trying to run ful thing in passing that bill. Senator of the stock (by vote or value) of the entity American companies. It injures the PAUL SARBANES deserves our unending is held— ability to raise capital because it de- thanks for the work he did to put that (A) in the case of an acquisition with re- stroys people’s faith in the system. bill together. The President signed it. spect to a domestic corporation, by former They invest in a stock in a company It is a bill destined to give confidence shareholders of the domestic corporation by they have never visited. They buy a to people, but there is more to do. reason of holding stock in the domestic cor- stock in a company they do not know If we stop here we will have stopped poration, or much about, but they trust the CEO, before we got to the intersection. (B) in the case of an acquisition with re- they trust the financial statements, There is more to do. Part of that deals spect to a domestic partnership, by former with inversion, and part of it deals partners of the domestic partnership by rea- they trust the accounting firm that re- son of holding a capital or profits interest in viewed the statements, they trust the with disgorgement and recapturing of the domestic partnership, and law firm that gave advice to the CEO, funds as CEOs took companies into (3) the expanded affiliated group which they trust the board of directors. So bankruptcy. I intend, in the coming after the acquisition includes the entity does they invest in a share of stock in a weeks, to be among those in Congress not have substantial business activities in company they have never visited or who will address these issues. We the foreign country in which or under the never seen. should not decide the bill we passed law of which the entity is created or orga- But there have been far too many in- represents the end of corporate respon- nized when compared to the total business stances recently of corporate execu- sibility legislation in the Senate. activities of such expanded affiliated group. tives acting in complete disregard of I conclude by saying the fellow that (c) DEFINITIONS AND SPECIAL RULES.—For their responsibilities as business lead- passed me his business card on an air- purposes of this section— (1) RULES FOR APPLICATION OF SUBSECTION ers. And although we recently passed plane a few days ago is right. He said: I’m president of a corporation. I work (b).—In applying subsection (b) for purposes an accounting reform bill to tackle of subsection (a), the following rules shall some of these problems, we have unfin- very hard and I’m honest. I believe apply: ished business. One issue involves in- there are more like me than not. (A) CERTAIN STOCK DISREGARDED.—There versions, the issue that Senator He is right about that. Absolutely. shall not be taken into account in deter- WELLSTONE is bringing to our attention And on behalf of people like him, we mining ownership for purposes of subsection today. Another important issue in- have a responsibility to be tough and (b)(2)— volves bankruptcies, and an amend- to go after those who abuse their trust (i) stock held by members of the expanded affiliated group which includes the foreign ment I tried to offer to the corporate and steal money. We have a responsibility to see to it that they do more incorporated entity, or responsibility bill. That amendment (ii) stock of such entity which is sold in a was blocked by the Senator from than 2 years of hard tennis at a minimum security institution somewhere. public offering related to the acquisition de- Texas, Mr. GRAMM. He blocked that The Senator from Minnesota does us scribed in subsection (b)(1). amendment for a couple of days, and I (B) PLAN DEEMED IN CERTAIN CASES.—If a a service by offering this subject on the was not able to put it on the bill, but foreign incorporated entity acquires directly floor of the Senate. There is more to do it deals with this. It is an amendment or indirectly substantially all of the prop- on inversion, but there is more to do that says, if in the year prior to the erties of a domestic corporation or partner- beyond inversion and corporate respon- bankruptcy of a corporation, the major ship during the 4-year period beginning on sibility, including disgorgement and the date which is 2 years before the owner- executives in the corporation are re- recapturing of bankruptcy incentive ship requirements of subsection (b)(2) are ceiving millions of dollars in incentive and bonus payments to CEOs. met, such actions shall be treated as pursu- and bonus payments, there ought to be The PRESIDING OFFICER. The Sen- ant to a plan. a disgorgement and recapture of that ator from Nevada. (C) CERTAIN TRANSFERS DISREGARDED.—The money to go to the stockholders and transfer of properties or liabilities (including AMENDMENT NO. 4490 TO AMENDMENT NO. 4486 by contribution or distribution) shall be dis- the employees. It is very simple. Mr. REID. I send an amendment to Since the time that I was blocked in regarded if such transfers are part of a plan the desk. offering that amendment, the Finan- a principal purpose of which is to avoid the The PRESIDING OFFICER. The purposes of this section. cial Times did an investigation and an clerk will report. evaluation of the 25 largest bank- (D) SPECIAL RULE FOR RELATED PARTNER- The assistant legislative clerk read SHIPS.—For purposes of applying subsection ruptcies in our country since January as follows: (b) to the acquisition of a domestic partner- of last year. The Senator from Nevada [Mr. REID] pro- ship, except as provided in regulations, all What did it show? It showed that 230 poses an amendment numbered 4490 to partnerships which are under common con- top executives in the 25 largest compa- amendment 4486. trol (within the meaning of section 482 of the nies that filed for bankruptcy took $3 Mr. REID. I ask unanimous consent Internal Revenue Code of 1986) shall be treat- billion out of those companies in com- reading of the amendment be dispensed ed as 1 partnership. (E) TREATMENT OF CERTAIN RIGHTS.—The pensation as those companies headed with. towards bankruptcy. Secretary shall prescribe such regulations as The PRESIDING OFFICER. Without may be necessary— Well, guess what. The investors lost objection, it is so ordered. their shirts, they lost their life sav- (i) to treat warrants, options, contracts to The amendment is as follows: acquire stock, convertible debt instruments, ings, and, as the Financial Times says, (Purpose: To prohibit the Secretary of Home- and other similar interests as stock, and the barons of bankruptcy, the execu- land Security from contracting with any (ii) to treat stock as not stock. tives running companies into bank- corporate expatriate) (2) EXPANDED AFFILIATED GROUP.—The term ruptcy, went off with a pocketful of In lieu of the matter proposed to be in- ‘‘expanded affiliated group’’ means an affili- gold. serted, insert the following: ated group as defined in section 1504(a) of the

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8187 Internal Revenue Code of 1986 (without responsibilities of the country should be Reinsurance, Foster Wheeler, Fruit of gard to section 1504(b) of such Code), except forced to compete with bad actors who the Loom, Global Crossings, Gold Re- that section 1504(a) of such Code shall be ap- shirk their tax bill. serve, Halliburton, Harken Oil—Halli- plied by substituting ‘‘more than 50 percent’’ If the corporations want Federal con- burton had units in St. Lucia, Liech- for ‘‘at least 80 percent’’ each place it ap- tracts so badly, I have advice: Come pears. tenstein, Barbados, Cayman Islands, home. Come back to your country, to (3) FOREIGN INCORPORATED ENTITY.—The Cyprus, the Netherlands Antilles, and term ‘‘foreign incorporated entity’’ means our country, and you will be eligible to the British Virgin Islands, among oth- any entity which is, or but for subsection (b) bid on homeland security contracts. If ers—Helen of Troy, Leucadia Corpora- would be, treated as a foreign corporation for you do not, you can’t. Go lobby Ber- tion, on and on. purposes of the Internal Revenue Code of muda or the Cayman Islands, but leave The time has come. If they want to 1986. us alone. move offshore, let them get their con- (4) OTHER DEFINITIONS.—The terms ‘‘per- Let me talk about a few of the com- tracts someplace else. son’’, ‘‘domestic’’, and ‘‘foreign’’ have the panies involved that have handled this The PRESIDING OFFICER. The Sen- meanings given such terms by paragraphs in an improper manner: Ingersoll-Rand. (1), (4), and (5) of section 7701(a) of the Inter- ator from New Hampshire is recog- When I was a little boy and went with nized. nal Revenue Code of 1986, respectively. my dad down in the mines, Ingersoll- (d) WAIVER.—The President may waive sub- Mr. SMITH of New Hampshire. Mr. section (a) with respect to any specific con- Rand was the name on the compressor President, my understanding is the tract if the President certifies to Congress that was above ground and on the jack- pending business is the Wellstone that the waiver is required in the interest of hammer he used underground. In my amendment. national security. mind, even today, I can see my father The PRESIDING OFFICER. The Sen- This section shall take effect one day after pick up that jackhammer and push it ator is correct. the date of this bill’s enactment. into that hard land and drill. Ingersoll- Mr. SMITH of New Hampshire. I ask Mr. REID. The Senator from New Rand is all he had, all I remember, an unanimous consent the Wellstone Hampshire is here and is going to ask Ingersoll-Rand jackhammer. This com- amendment be temporarily laid aside pany was founded in 1905. They have that the present amendments be set for the purpose of offering an amend- been headquartered in Woodcliff, NJ, aside so that he can offer an amendment. for many decades, mostly manufac- ment. I will first take just a few min- The PRESIDING OFFICER. Without turing jackhammers, bobcat vehicles, utes. objection, it is so ordered. club car golf carts, hardware products, First of all, I commend the Senator Mr. REID. Mr. President, I couldn’t security devices, control systems. In from Minnesota for this amendment. I hear. What was the request? fact, one of the things they talk about was on the Senate floor when he of- Mr. SMITH of New Hampshire. The in advertisements is their jack- fered this amendment on a previous request I made was to temporarily lay piece of legislation and spent some hammers made Mount Rushmore. But times have changed. Last Decem- aside the Wellstone amendment for the time talking about the merits of his purpose of offering an amendment, legislation. It passed by voice vote. The ber, 3 months after September 11, In- gersoll-Rand put the finishing touches which I will not debate at this time. Senator from Minnesota recognizes in Mr. REID. Mr. President, I suggest the House something comparable to on renouncing its U.S. corporate citizenship. It filed paperwork to set up the absence of a quorum. this has passed, so we have no problems The PRESIDING OFFICER. Does the with this legislation as to it being rel- three British employees in a little office in Hamilton, Bermuda. Now it can Senator from New Hampshire yield the evant or germane. floor? This legislation is important to rees- avoid paying $40 million each year in U.S. taxes. This will not stop Ingersoll- Mr. REID. Mr. President, I object. tablish confidence in what is going on Will the Senator from New Hampshire in the country. This amendment is de- Rand from lobbying for U.S. Govern- ment contracts. As we speak, the cor- restate his unanimous consent request? signed to attack a tax loophole that Mr. SMITH of New Hampshire. I ask poration holds over $40 million in Gov- has allowed scores of U.S. corporations unanimous consent that the Wellstone ernment contracts, virtually all of to move their headquarters, on paper amendment be temporarily laid aside which are directly related to homeland only, to tax haven countries to avoid for the purposes of offering my amend- defense or the military. These days, paying their fair share of our taxes. ment on armed pilots. the company has been lobbying the Specifically, the amendment bars the The PRESIDING OFFICER. Is there Government to buy its airport security Department of Homeland Security objection? screening devices. If they renounce from awarding Government contracts Without objection, it is so ordered. for those corporate tax runaways. their Bermuda citizenship, I am happy to work with them and let them get AMENDMENT NO. 4491 TO AMENDMENT NO. 4471 It is a sad reality that under our cur- Mr. SMITH. I send an amendment to rent law these corporate expatriations the contract. That is fine. There are many other companies. the desk. are technically legal—I say tech- Fruit of the Loom, headquartered in The PRESIDING OFFICER. The nically. Legal or not, there is no reason Bowling Green, KY, for years, last year clerk will report. the U.S. Government should reward tax decided it wanted to do something else The assistant legislative clerk read runaways with lucrative Government and moved offshore. They have mil- as follows: contracts. lions of dollars in contracts. The Senator from New Hampshire (Mr. I had one of these big contractors Cooper Industries makes tools and SMITH), for himself, Mrs. BOXER, Mr. MUR- talk to me. He brought with him one of hardware needed to transmit natural KOWSKI, Mr. BURNS, Mr. BUNNING, and Mr. my friends who was no longer in the gas. They were founded in 1833 in MILLER, proposes an amendment numbered Senate. Because of my close, warm Mount Vernon, OH. Last year, they had 4491 to amendment 4471. feelings for the person who brought revenues of $4 billion, net income of Mr. SMITH of New Hampshire. I ask this man in, I wanted to try to help. $230 million, and they decided they unanimous consent the reading of the But after listening, I said I cannot help could make a few extra bucks by mov- amendment be dispensed with. because it is wrong. ing offshore. That is what they have The PRESIDING OFFICER. Without These corporations have turned their done. objection, it is so ordered. back on their country in their coun- I have page after page of companies (The amendment is printed in today’s try’s hour of need, but they continue to that have decided to go offshore. Yet RECORD under ‘‘Text Of Amendments.’’) come to Congress and the executive they have large amounts of Govern- Mr. SMITH of New Hampshire. Mr. agencies with their hands outstretched ment contracts, where the underlying President, this amendment is offered asking for rewards. We need to end as company had scores, hundreds of off- on behalf of myself and Senators soon as we can the practice of compa- shore Government corporations, legal BOXER, MURKOWSKI, BUNNING, BURNS, nies that hold billions of dollars in entities set up so they could play the Senator presiding, Senator MILLER, Federal contracts renouncing U.S. citi- around with our money. and others. Because there is an agree- zenship. It is wrong that the companies Accenture, APW, Carnival Corpora- ment with some of my colleagues that that play by the rules and meet the re- tion, Cooper Industries, Enron, Everest we would not debate it today, I will not

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8188 CONGRESSIONAL RECORD — SENATE September 4, 2002 take any further time from the Senate, It took the Federal Highway Admin- had been operating in many different other than to say that this amendment istration out of the Department of places across the Government, and is the Arming Pilots Against Terrorism Commerce, where it was such a signifi- turn them into a clearly, smoothly and Cabin Defense Act of 2002, which cant part of that Department that they functioning single unit. will be an amendment that will provide had two Under Secretaries, one an Indeed, there were some people in help for training for those flight at- Under Secretary for Transportation that organization who refused to admit tendants in the cabin, and for pilots to and the other an Under Secretary for they were even members of the Depart- be able to carry weapons, lethal weap- everything else. It took the FAA from ment of Transportation. ons, in the cockpit to protect our coun- its status as an independent agency re- An anecdote: One of the personnel of- try, our citizens, and those in the air- porting directly to the President. It ficers who worked for the Assistant craft from the aircraft becoming weap- was called the Federal Aviation Agen- Secretary for Administration got on ons of mass destruction. cy. It was renamed the Federal Avia- the elevator and punched the button The intention is to debate this to- tion Administration so that the termi- that said eighth floor. Someone behind morrow when my other colleagues are nology would be comparable. her said: You are one of those DOT available, at a time to which the lead- It took the Coast Guard out of the types. The eighth floor was the floor ers will mutually agree. I very much Treasury Department. It goes all the that had been recommissioned for the appreciate the assistant leader, Mr. way back to the time of Thomas Jeffer- offices of the Secretary. The tenth REID, allowing me to offer the amend- son, perhaps, as being part of the floor was where the Administrator of ment at this time. Treasury Department looking for the FAA worked. She turned around I yield the floor. smugglers so they could collect duties and said: We are all DOT types. The PRESIDING OFFICER. The Sen- on people who would bring goods into Her remark was not favorably re- ator from Utah is recognized. the United States. The Coast Guard ceived. The folks behind her in the ele- Mr. BENNETT. Mr. President, I represents a significant part of our vator said: We are FAA. You are DOT. would like to comment on the bill as it transportation activity, and it was rec- It is a small anecdote, but it dem- stands and some of the challenges re- onstrates that after 18 months there ognized it no longer belonged in the lating to it rather than any specific were still people who had a hard time Treasury Department. amendment. There was a fledgling group called bringing themselves into the new De- All of us, as we want to arrive at a the Urban Mass Transit Administra- partment. position, fall back upon our own expe- To my own specific experience, I tion that was over at HUD, the Depart- rience. I have some experience that I found that the FAA still had its own ment of Housing and Urban Develop- think is relative to this situation congressional relations function. Urban ment. But they recognized it had noth- which I would share with the Senate. I Mass Transit didn’t have one at all. ing, really, to do with housing and be- have shared it with some members of They had not really brought anything longed over in the new Department of the committee, but I have found in my over with them from HUD. The Federal Transportation. time in the Senate that there is no Highway Administration had a well-en- They looked at some other areas such thing as repetition. Every speech trenched congressional liaison func- where there needed to be some initia- is given as if it is brand new and no one tion, and the Coast Guard had been at tives in transportation and created has ever heard any of this before. I it for close to 200 years, and they were some new agencies solely for those— have learned that from some of my not about to give that up to anybody as the Federal Rail Administration being more senior colleagues here. unimportant as a Cabinet officer. First when I arrived here, I found it the chief among them. Then it took The new agencies that had been cre- a little distressing, but after I found some other isolated agencies, folded ated didn’t have any service. They out how often people listen to what them in, put them on a piece of paper, didn’t know what they were doing. you say, I decided it is probably a pret- and said: Here is your new department. Those officers who had been trying to ty good thing, because repeating some- Alan Boyd, who was the Under Sec- perform congressional relations func- thing over and over again in this body, retary of Commerce for Transpor- tions for the Secretary and the team of many times, is the only way you can tation, was made the new Secretary of Assistant Secretaries that had been get anybody to listen to you. Transportation and for 18 months created under him had been floun- With that, let me share with you and struggled with the challenge of trying dering and flopping around trying to my colleagues, and any others who to bring these groups together. His find their way in this morass. may be listening, my experience with a service was terminated when President Secretary Volpe and Under Secretary similar situation when I served in the Johnson left office. John Volpe came Beggs gave me the challenge of trying first term of the Nixon administration. down, as former Governor of the State to pull all of this together. It was one In the 18 months prior to President of Massachusetts, to assume the of the most interesting and difficult Nixon’s election, Joe Califano, as the Secretaryship of the Department of experiences of my then-young life. Chief of Staff to President Johnson, Transportation. The Under Secretary That was enough years ago that I was conceived of the idea of the Depart- was James Beggs, who came over from a young man when I undertook that. ment of Transportation. We were one NASA, where he had performed excel- Eventually, we were able to pull all of the few industrialized countries in lent service as an associate adminis- of those functions together into a sin- the world that did not have a ministry trator there. I was hired to run the gle office reporting directly to the Sec- of transport, as it is called in most congressional liaison function for the retary. I rearranged all of the functions other countries. We found that our Department. so that everyone involved in that ac- transportation functions were scat- As I say, the Department was 18 tivity reported to me either directly or tered all over the Government. Mr. months old. When I walked into it to through my deputy. I said: I will give Califano, consulting with President take over my new duties, I found that you an assignment—as if we were a Johnson, convinced the President that almost no one knew what those new consulting firm dealing with clients. the time had come to create the Amer- duties would be because the challenge You, sir, your client is the FAA. You, ican version of a ministry of transport. of bringing together, at a departmental sir, your client is Urban Mass Transit, So the Department of Transportation level, all of the people involved in con- and so on. You will not be acceptable was born. gressional liaison had not been success- to me if your client is unhappy. If the On paper, it looks like a department fully met in the 18 months previous. I Administrator of the FAA believes he that was created at the Harvard Busi- am not putting any blame on Secretary is not getting the kind of congressional ness School. You had a series of assist- Boyd or on any of the people who relations he deserves, he will complain ant secretaries who were staff officers. worked with him during that 18 directly to me as we meet together in You had a series of administrators who months. As I became acquainted with the Secretary’s staff meetings, and I were line officers. It was put together the Department and its functions, I re- will be around to see you. But at the with modern business terminology and alized how difficult it was to bring to- same time, you work for me. And, a complete understanding of how a gether agencies that had no common through me, you work for Secretary large organization should be formed. culture, no common background, that Volpe.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8189 This meant that when we had an ment had a set number of supergrades. portation, as I say, 18 months after its issue that required more manpower and That was true of the Department of formation was still not working. John womanpower than that particular offi- Transportation. I don’t remember what Volpe didn’t come in and wave a magic cer could provide, I could rally the re- the number was, but the Department wand to make it work overnight. John sources of the office and the other offi- could not have more than 25 or 35 or Volpe and Jim Beggs labored for a full cers to help on that particular issue at whatever the number was of super- 4 years beyond the 18 months that it that particular time. We were much grades. had under President Johnson. It was more flexible. I think we were much As I went through this process of only toward the end of those 4 years more efficient and effective. bringing all of these people together, I that you began to see things really As it turned out, a large percentage was able to walk into the Under Sec- meshed together and start to work to- of President Nixon’s domestic agenda retary’s office and say: I am giving you gether and see a real Department of fell under the Department of Transpor- back three supergrades—because so Transportation instead of the old turf tation. Congress passed, with our help many of these people had held battles that had been there. The De- and liaison, a whole series of landmark supergrade positions in the previous partment of Defense took longer than bills setting down the transportation administration. The way we organized that to come together. It was the kind process for this country. It was one of this, I only needed two supergrades— of reorganization more closely paral- the most stimulating experiences of one for myself and one for my deputy leling the size of the one we are now my life. and everybody else was a GS–10 or doing. What does that have to do with the below. It is instructive to remember that Department of Homeland Security? In I didn’t realize what I was doing be- the first Secretary of Defense, James making the kinds of changes that I cause the Under Secretary greeted me Forrestal, committed suicide. The have described, I had to have manage- with one of the biggest smiles I have challenge of managing that difficult a ment flexibility so that when, with the ever received and said: This is pure bureaucracy was sufficiently great that Secretary’s authority, I didn’t have—it gold because there are other places in this dedicated public servant—perhaps came from the Secretary—I could say: the Department where the positions de- too dedicated because he took it so se- You no longer work for the Adminis- serve supergrades and I don’t have any riously—that he ultimately could not trator of the FAA; you now work for supergrades to give them. And you cope with it and committed suicide, me. You no longer report to the Ad- have just freed up three supergrades by which demonstrates how serious it is ministrator of the Federal Highway virtue of your consolidation of this for us to do this right. Administration, you now work for me. function. I do not want the new Secretary, This is how we are going to set your I don’t know where the supergrades whoever he or she may be, to have any procedures, and this is how we are went. But they went out to other de- more impediments placed on the chal- going to rationalize salaries within the serving people. lenge of making this Department work office that I created. That is why I feel so strongly in than are necessary. To not give the I was able to do that because the ena- favor of President Bush’s position that Secretary the management flexibility bling act that created the Department the Department of Homeland Security that the President has called for is ask- of Transportation gave the Secretary must be formed with flexibility for ing for failure in this Department. management flexibility to move people management and personnel and other As I say, it is not going to work for around within the Department without decisions on the part of the Secretary. at least 3, and more likely 5, years. coming back to the Congress for ap- I have been there and I have seen how That does not mean we should not do proval. He had flexibility to change vital it is. If we had to go through the it. We should do it because if we wait a payroll. kinds of hoops that are created in the year, that will just push back a year One of the interesting things that oc- Federal personnel system in the reor- the 3-to-5-year period that it will not curred was that in the FAA, pro- ganizing something as insignificant as work. But let’s be realistic about it. motions were all made on even num- my offices—I am talking about 30 to 35 Let’s understand from the model of bers; that is, you went from a GS–4 to people max; I am not talking about Government mergers, let’s understand a GS–6; from a GS–8 to a GS–10; from a anything approaching the challenge of from the model of corporate mergers, GS–10 to a GS–12, and so on. In other this new Department—if we had to go how difficult this is going to be; and parts of the Department they did two through all of those hoops in reorga- then let us, in the Congress, fashion a numbers per jump, but they were all on nizing my office, I would have spent piece of legislation that says we are odd numbers. the entire 2 years that I was there going to make it as easy as possible for As I brought all of these people to- working on personnel issues and man- the new Secretary to do all of the in- gether in the same offices, I had some agement issues instead of trying to get ternal kinds of shifting and changing GS–5’s and GS–6’s. The amount of the program passed through the Con- necessary to make it work closer to money they were earning, frankly, was gress—the landmark legislation that the 3-year figure than to the 5-year fig- the same. It was very interesting to was passed. I still have the pens that ure. me, coming from the corporate world President Nixon gave me and my pic- Now, I hope I am wrong. I hope it will as I was at that time in this somewhat ture in the Cabinet Room when those work magnificently in 6 months. But strange and challenging world of the bills were signed. We would not have life tells me that is not likely. So that U.S. personnel system. We had to ra- been able to get that done. We would is why I voted against this bill in com- tionalize that or the office didn’t make have been snarled up in all of the inter- mittee. I said to Chairman LIEBERMAN: any sense. We had to make some nal management challenges of, well, we If you really needed my vote to report changes. We didn’t do it in a way that have to go to Congress to get this ap- out this bill, I would give you my vote damaged anyone. No one lost money. proved or that approved; we haven’t because I think the bill ought to be re- No one lost position. But someone had got the flexibility to do it. ported out. But since you don’t need to transfer from the odd system to the I have that personal experience that my vote, I want to register my deep even system, and adjustments had to drives me to stand with the President concern about the management flexi- be made. And they were made on the on this issue and to say that I believe bility and lack thereof that is written basis of what made the most sense for the President is correct when he says into this bill. And the only way I can the office and how it would work. The he will veto this bill, if that flexibility do that is to cast a vote against the flexibility that was written into the is not there. bill. act made that possible. None of us should have the false as- Someone has asked me: Well, if it One interesting thing that probably sumption that this Department will comes out of the Senate and the Presi- doesn’t apply anymore but that came work for at least 3 and more likely 5 dent is not given the management out of that experience was the result years. All of us should understand how flexibility he has asked for, how will with respect to supergrades. In those difficult a management challenge this you vote on final passage? I will prob- days, a GS–16, GS–17, or GS–18 was is going to be under the best of cir- ably vote against it on final passage, called a supergrade, and each Depart- cumstances. The Department of Trans- even though some people say to me:

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8190 CONGRESSIONAL RECORD — SENATE September 4, 2002 Oh, let it go to conference and we’ll fix These people do not need to be pro- I hope my colleagues will join with it in conference. tected from competent managers. me. I have learned around here the motto These people need to be motivated and I suggest the absence of a quorum. ‘‘let’s fix it in conference’’ does not al- excited about the creation of a new De- The PRESIDING OFFICER. The ways work. Very often it comes back partment. If the new Department is clerk will call the roll. from conference worse than when it being created with intelligent manage- The assistant legislative clerk pro- went to conference, and then you are ment and flexibility on the part of the ceeded to call the roll. stuck. management, the civil servants will re- Mr. CLELAND. Mr. President, I ask So I am dedicated to the creation of spond, certainly those at the Depart- unanimous consent that the order for the new Department. I will do every- ment of Transportation. They will re- the quorum call be rescinded. thing I can to help the President and spond with enthusiasm: At least we are The PRESIDING OFFICER (Mr. DAY- the Congress pass legislation that moving forward in an area where we TON). Without objection, it is so or- makes sense. But I cannot, from my have been deficient in the past. Thank dered. own experience, believe this makes any you for the opportunity for this new Mr. CLELAND. Mr. President, I sense if it does not go forward with kind of service that the old paradigm would like to speak on behalf of the complete management flexibility in would not allow. homeland security agency bill. every possible way. They will be supportive of this. It is with humble appreciation of the A press conference was held today in Maybe their union managers are fear- gravity of the task now before us that which some Members of this body were ful of what management might do, but I rise to advocate the creation of the quoted as saying that those of us who get a competent manager in as the Sec- Department of Homeland Security. believe as I have just described are retary and have him or her choose Today, almost a full year since the union baiters; that our whole motive competent people as the Assistant Sec- forces of hatred attacked the American here is to bash organized labor; our retaries and the other administrators, homeland, we are poised to transform whole motive here is to attack honest give them the flexibility to do the the Federal Government into a sharp- working people. right management thing, and the civil er, more versatile instrument of peace Let me take you back to my experi- servants will not feel attacked. They and security for all of our citizens. The ence at the Department of Transpor- will not feel under siege. They will feel people of America and their leaders tation. It was my first experience in an liberated and excited. And they will be here in Washington, in both Chambers executive branch organization. I had part of the solution because if this De- of the Congress, on both sides of the served on Capitol Hill as a staffer, as a partment is going to work in 3 years aisle, and at both ends of Pennsylvania Government employee, but I had never rather than 5, it has to have the sup- Avenue, are united on the substance of been a civil servant. And I went in with port of the civil servants; it has to this issue. All agree we cannot stand idly by as some of the standard prejudices that have the kind of partnership between the enemies of freedom plot our de- many people in the private sector have the civil servants and the political struction. All agree that the homeland about civil servants: That they don’t leadership that America has seen hap- security apparatus of the Government work very hard; that they are just pen so often in so many other places. serving their time until their 40-year So I reject the notion that my call is at present ill equipped for its grave period for retirement comes along; that for management flexibility is somehow task. And all agree that we are called, they are not very entrepreneurial; that an attack on the civil servants or an therefore, to take decisive action to they are not interested in new ideas; attack on their unions. Instead, it is retrofit the Federal Government for that they take as their motto, ‘‘We reaching out and saying: Join with us the more effective performance of its were here before you got here, and we to make the best kind of Department greatest commission—the protection of will be here after you leave, so we don’t we possibly can and, thus, create for its citizens. need to pay any attention to you.’’ you the best working environment you Thomas Jefferson once said the real There were some who had that view, can ever be in in your Federal career. goal of government is the protection of there is no question. There is a very Be part of something truly exciting, life and not its destruction. When Sen- small percentage of civil servants who something truly significant and his- ators LIEBERMAN and SPECTER intro- feel that way. toric, the creation of a new Depart- duced legislation establishing a De- I was overwhelmed with admiration ment in the 21st century dealing with partment of Homeland Security in for the career civil service people in 21st century challenges that this coun- May, I am proud to say I was one of our Government who were dedicated, try has not had to face in its past his- four Senators to sign on as an original determined to make Government work, tory. cosponsor. absolutely determined to do the very But don’t let us start out with a tra- Since that time, we all now know, best job they could, and open to sug- ditional 19th-century-style manage- the administration, followed by every gestions and comments that may have ment-labor confrontation. Do not let Member of Congress, has joined us in come from the political appointees. us start out with: We have to protect this critical reform effort, so that we We had an Assistant Secretary for our turf and everything we have now, find ourselves standing now on the Administration, a position that is a and we have absolutely no confidence threshold of an historic bipartisan civil-service-protected position, who at all that the management will do achievement. A few points of difference had been appointed by Alan Boyd. He anything but attack us. on the details do remain. I look for- was a known Democrat. But because Let’s put all of that aside and say: ward to a full and healthy debate on his position had civil service protec- What are we dealing with here? As I these over the next few days. But by tion, there was not anything that Sec- say, we are dealing with a 21st century and large, we are headed in the same retary Volpe could do about it. He was challenge of the kind this country has direction, toward the same ultimate as helpful to me in this reorganization not faced in its history. We are trying destination—the protection of our Na- effort that I have just described as any- to reorganize the assets of the Govern- tion. body at the Department. ment to meet this challenge in a cohe- I have no doubt that we will get He sat down with me and helped take sive, coherent, intelligent way. there together. As my good friend Con- me through the labyrinth of Federal Let us never lose sight of that objec- gressman JOHN LEWIS said after Sep- regulations. And when I made some tive and keep our eye on that ball as tember 11: mistakes—and I made several which we write this legislation and as we We may have come to this country aboard were beauts—he did not jump all over adopt amendments on the floor. different ships, but we are all in the same me. He said: It’s our fault for not hav- One of the first amendments that boat now. ing warned you in advance that that’s will be offered will be one to give the How true that is. what would happen if you did it that Secretary, through the President, the Under Senator LIEBERMAN’s leader- way. And if we had been there, we kind of management flexibility I have ship, the Governmental Affairs Com- would have helped you do it another been talking about. I intend to support mittee, upon which I sit, has outlined way. And let’s see to it that it happens that as strongly as I know how, for all in its bipartisan homeland security leg- the other way. of the reasons I have laid out here. islation a blueprint for a robust new

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8191 Department that hews closely in most These recommendations comprise the specialists developed by the Bioter- key respects to that envisioned by the three-point approach for filling in the rorism Preparedness and Response Di- President. The committee’s measure gaps in our national bioterrorism de- vision would be specially trained ac- would construct the Department fenses that I have been advocating for cordingly. around the core missions already iden- some months now. I am pleased that In addition, while the threat posed by tified by the President: Critical infra- two of these largely have been incor- bioterrorism bears a strong resem- structure protection, border and trans- porated into the bill we are now consid- blance to that posed by conventional portation protection, emergency pre- ering. disease outbreaks, there are real sub- paredness and response, and science With respect to the first, I proposed, stantive differences between a man- and technology. and the committee adopted, an amend- made disease outbreak—a la the an- With few exceptions, the existing ment to create in the CDC a Bioter- thrax attack through envelopes that agencies transferred to the new Depart- rorism Preparedness and Response Di- were obviously mailed by a human ment under the administration’s provision. Why a division, Mr. President? being—and a naturally occurring one— posal are the same as those transferred Because that division answers directly West Nile virus, Ebola virus, and the by the committee’s bill. Often where to the head of the CDC. It is an entity like. Our health officials are highly the committee has diverged from what located at the intersection of science trained to cope with the latter, but the administration has done, as in the and security, of public health and law most lack a sophisticated appreciation case of the transfer of the Federal Law enforcement, empowered to respond of the different considerations that at- Enforcement Training Center in Bruns- with speed and with a firm grounding tend a manmade attack. wick, GA, to the new Department, the in the science of biological warfare to The upshot is when a recognition of change has been made in close con- the infectious terror some might seek these different divergences can make a sultation with, and with the approval to unleash upon this great Nation. The difference between effective and inef- of, the administration. In other cases, CDC’s existing Bioterrorism Prepared- fective emergency response. For exam- changes are merely a fleshing out of ness and Response Program is a rel- ple, while epidemiologists knew that proposals and concepts previously set atively new initiative at the agency, contracting inhalation anthrax natu- forth by the administration. having been created only in 1999 with a rally required exposure to between Among the latter are two amend- handful of personnel, little status with- 5,000 to 10,000 spores, they failed in the ments I offered during markup of this in the agency, and meager funding. legislation that pertain to the Federal The program remains as a subsidiary early stages of the crisis to consider response to terrorism of a biological of the National Center for Infectious the ways in which the deliberate nature. The administration’s proposal Diseases, a sub-branch of a sub-branch. weaponization of anthrax, with a sub- laid a strong foundation by recognizing It should come as little surprise then stance such as silica, might alter the that public health agencies, such as the that the many witnesses who testified level of exposure required for lethality. Centers for Disease Control and Pre- before our committee about last fall’s Consequently, two Postal Service vention, the CDC, in Atlanta are abso- crisis depicted a Federal response that workers died. lutely central to an effective response was fragmented, confused, and largely They are not to be criticized. They to biological terrorism and by further inadequate. are scientists, after all, not criminal recognizing that prudence requires CDC officials, both within and with- investigators. However, had bioter- that scientists who focus on bioter- out the bioterrorism program, re- rorism specialists with training in both rorism not be separated from the vast sponded commendably, but their abil- medicine and criminal behavior been expertise and resources of the rest of ity to do so was clearly constrained by, on the case last fall, their unique ex- the public health sector. among other factors, an organizational pertise might have led to conclusions My amendments, which the com- structure that led inadequate focus to that in the hands of decisionmakers mittee adopted during the July mark- the unique aspects of a manmade might have made a difference in rec- up, are efforts to use the lessons of last threat to the public health. ommendations and courses of action. fall’s anthrax crisis culled from hours The Bioterrorism Preparedness and In academia, there is a growing rec- of testimony before our Governmental Response Division, as described in this ognition that the study of bioter- Affairs Committee to build on the solid chart, will remedy that. Operating di- rorism, though it shares much with the foundation the President and HHS Sec- rectly out of the Office of the Director fields of public health and counterter- retary Thompson have set. of the CDC, the division will lead and rorism, is a distinct discipline. To cite The inadequacy of our bioterrorism coordinate the agency’s just a few leading examples in the preparedness and response capability counterbioterrorism activities. It will world of academia, Mr. President, was exposed in dramatic and painful train and employ a cadre of public Johns Hopkins University has estab- fashion last fall. In reaction, the Gov- health professionals whose specialized lished the Center for Civilian Bio- ernmental Affairs Committee, under training and focus is on bioterrorism, defense Strategies; St. Louis Univer- the distinguished leadership of Chair- and it will serve as a nexus, a meeting sity’s School of Public Health has a man LIEBERMAN and Senator THOMP- ground, between the realms of public Center for the Study of Bioterrorism; SON, held a series of hearings inves- health and security, including home- and the University of Texas medical tigating the roots and potential rem- land security and law enforcement. branch has established a Center for edies of that inadequacy. There is a real need in the Federal Biodefense. Government for expertise in the inter- At a hearing convened at my request This bill will create in the Bioter- section of health and security. Terror- on April 18 this year, Secretary of rorism Preparedness and Response Di- ists, as a matter of fact, hit the seam. Health and Human Services Tommy vision of the CDC a career track for the They went right between the two. Offi- Thompson, buttressed by a panel of ex- bioterrorism specialist, a place for cials thinking exclusively along either perts who followed him, testified to the graduates of programs such as these to law enforcement or public health lines, following unmet needs in our Federal put to use their unique expertise in the as is too often the case under the cur- counterbioterrorism efforts: service of their country. First, a reorganization of the CDC’s rent structure, will inevitably overlook Bioterrorism Preparedness and Re- key bits of information that are not The chart behind me describes the or- sponse Program, much like on a small- fully appreciable, except by individuals ganization of the counterbioterrorism er scale what we are now doing with with expertise in both areas. efforts of the Federal Government with the Federal Government at large. In the case of bioterrorism—the word the establishment of the Bioterrorism Second, clearer protocols of commu- itself a fusing of health, bio, and secu- Preparedness and Response Division nication and coordination between pub- rity, terrorism—appreciating such bits and a Department of Homeland Secu- lic health and law enforcement offi- of information and drawing critical rity, as under the bill we are consid- cials. conclusions based on these are abso- ering. And third, a greater commitment of lutely essential to an effective Federal The second part of my plan for im- resources to the CDC. response. The cadre of bioterrorism proving our bioterrorism defenses is

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8192 CONGRESSIONAL RECORD — SENATE September 4, 2002 contained in an amendment also adopt- vital, in the event of a terrorist-caused with the approach contained in both ed by the committee in the July mark- public health emergency, the unique the committee’s and the administra- up that mandates that law enforce- life-and-death ramifications of such an tion’s proposals. The legislation before ment, homeland security, and public attack mandate, in my view, that pub- us would transfer the strategic na- health personnel keep each other fully lic health experts take the lead role in tional stockpile—that is the vaccines and currently informed in the event of investigating and treating the attack. that are strategically placed around a bioterrorist attack. The amendment I will offer would give America in secret locations known as One of the objectives of a Bioter- public health officials the authority the strategic national stockpile—from rorism Preparedness and Response Di- and flexibility they need to do just the CDC, where it has been successfully vision of the CDC is to coordinate, co- that. operated since its creation in 1999, to operate, and communicate with other The third point of my bioterrorism the Department of Homeland Security. elements of the Federal Government response plan calls for providing the I have serious reservations about the that are involved in a biological attack public health agencies that will play proposed transfer. Accordingly, I am on this country—Department of Home- the central role in preparing for and re- continuing to work on a bipartisan land Security, law enforcement, De- sponding to bioterrorism with the re- basis with the chairman and ranking partment of Justice, FBI, the Depart- sources they need to do the job. We member of the Appropriations Sub- ment of Health and Human Services, have to put our money where our committee on Labor, Health and and State and local public health enti- mouth is—in this case, our money Human Services, and Education, and ties, all of which are in this boat to- where our mission is, and our mission Chairman LIEBERMAN, the administra- gether, Mr. President. is to defend this Nation. It was too frequently the case last I commend the administration for tion, and others, on an attempt to pre- fall that the different agencies with a proposing an unprecedented $4.3 billion serve the role of the CDC in the oper- role in the Federal response failed to for HHS’s bioterrorism initiative in the ation of the stockpile. communicate and coordinate with one next fiscal year, a 45-percent increase The stockpile is collectively 12 secret another often or adequately enough. over the current year’s funding level. stashes of vaccines, medicines, and The requirement of full disclosure that These funds are badly needed. However, other medical supplies placed in stra- will help put an end to that is upon us, within this considerable request there tegic locations around the country, de- but a significant part of the same prob- is significant oversight. The adminis- liverable in a few short hours to any lo- lem relates to confusion in current law. tration has proposed actually a reduc- cation in the country should the need Executive branch documents delin- tion in funds for revitalizing and secur- for massive quantities of emergency eating the roles of law enforcement and ing the CDC’s dilapidated, World War medicines arise. Decisions related to public health agencies vis-a-vis one an- II-era facilities in Atlanta by $186 mil- deploying the medicines in the stock- other say one thing while Federal stat- lion in the next fiscal year, a Draco- pile, what medicines to administer, utes, most notably section 319 of the nian cut of nearly two-thirds. That who should receive medicines, what Public Health Service Act, say an- does not comport with putting our medicines should be in the stockpile, other. money where our mission is of defend- are essentially medical questions. They In an effort to address this inconsist- ing this Nation. should, as such, be made by public ency, this legislation we are consid- As the chart behind me dem- medical professionals based on public ering includes my amendment to direct onstrates, since fiscal year 2000 when health considerations. This is the rea- the Secretary of Homeland Security to Congress first got on board with the son, in point of fact, that the stockpile develop a Federal response plan that CDC’s master plan, the revitalization was assigned to the CDC in the first accords fully with the statutory au- of its ramshackle facilities, the budget place. thorities granted to the Secretary of for building facilities and security has Health and Human Services under the steadily increased each year. I have The committee’s bill would transfer Public Health Service Act. been proud to be part of this increase. final authority over the stockpile to By so doing, this bill will mitigate in This increase accompanied a recogni- the new department while leaving some future crises a good bit of the confu- tion on the part of Congress, especially operational responsibility with the sion that prevailed last time. As we de- the Senate, and made more acute in CDC. I am afraid we are borrowing bate this legislation, I will offer an ad- the aftermath of the anthrax crisis, from Peter to pay Paul. Leaving aside ditional amendment to provide further that if the CDC is able to protect us all the problems inherently associated clarity with respect to the roles of pub- against the new, more insidious threats with separating operational responsi- lic health, law enforcement, and home- to the public health we now face, the bility from accountability, this ap- land security in the event of a bioter- agency must be equipped with adequate proach, while retaining some stockpile rorist attack. This amendment will modern facilities and its labs must be functions with the CDC, would under- provide the Secretary of Health and fortified against potential terrorist de- mine the most important reason to Human Services with the authority signs. have the CDC involved at all; that is, and flexibility he needs to carry out The needed funds will not, of course, to bring to bear the necessary expertise the responsibilities of the public health be appropriated through the legislation in making final decisions regarding the sector in the Federal response to bio- we are considering today, but I urge use of the stockpile. terrorism. my colleagues to keep in mind, when If there were a core public health Specifically, the amendment provides the Labor-HHS appropriations bill competency in the new department that no Federal agency may supersede reaches the floor, that the steps we are that could supervise the stockpile, the authority of the public health taking to combat bioterrorism in this agencies to respond to a public health legislation will require an adequate then the reasons cited by the pro- emergency in whatever manner is ap- commitment of resources if they are to ponents of the transfer—primarily a propriate and necessary. be effective. desire to consolidate all emergency re- Last fall, public health authorities In summary, the public health-response functions in the new depart- were at times muzzled, overridden, and lated provisions of the Governmental ment—might be sufficient to justify generally kept out of the loop by law Affairs Committee bill that were added the move. However, the public health enforcement agencies. Each was doing during the markup of this bill are, in expertise of the Federal Government its own thing, so to speak. Therein lies my view, perfectly aligned with the ad- was, by and large—correctly, in my the problem. The problem arises be- ministration’s approach and goals. view—left where it currently resides cause public health and law enforce- While they are not contained in the ad- because of the important synergies, the ment agencies both have essential roles ministration’s original proposal, they command, control, cooperation, and to play in the event of an attack of ter- are really extensions on concepts con- communication, that would be lost if rorism that is also a threat to the pub- tained therein. certain public health professionals lic health. These roles are distinct but On a separate but related matter, were to be segregated from their col- sometimes overlap. While both are however, I must respectfully disagree leagues in other public health sectors.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8193 There is, consequently, no core pub- We should allow the Centers for Dis- Through the coordination of FEMA’s lic health competency in the new de- ease Control to have a space where director, the agency demonstrated that partment. There is no assistant sec- they can work with some degree of it was capable of responding in such retary for health, as some have pro- quality. They are spread out all over cases, and responding well. posed. the campus, and they need to be Yet things have not always gone so An interest in the effective adminis- brought into one central location. That smoothly with the Agency. We need tration of the stockpile demands then is what is being attempted. only to look back to the 1980s, when that it remain in the hands of those I say to my friend, this entity was es- FEMA’s focus shifted to civil defense who do have public health expertise. tablished many years ago to fight ma- and left the Agency ill-prepared to re- The CDC has handled the stockpile ef- laria in the southern part of the United spond to natural disasters. In 1985, fectively to date, coordinating smooth- States. After we whipped malaria, they after a tornado killed 65 people in ly its deployment on September 11 and had such a presence that we used them Pennsylvania, FEMA’s poor response during the anthrax crisis with FEMA for a public health entity in this coun- prompted then-Congressman Tom and other emergency responders. try. They have done remarkable work, Ridge to play a central role in efforts We should follow the old dictum that and not only in America. I had the to refocus the Agency’s mission on vic- if it ain’t broke, don’t fix it. Whatever pleasure of traveling and representing tims of natural disasters. the Senate’s final decision on this mat- this country on the continent of Africa But it took time. After seeing the bungled responses to Hurricane Hugo ter, however, let me reiterate I am during the August break. The Centers in 1989 and Hurricane Andrew in 1992, fully on board with the President and for Disease Control has spread through- my friend from South Carolina, Sen- his team on homeland security. We are out that continent. It is money that ator HOLLINGS summed up FEMA’s per- all in the same boat. We cannot, we the taxpayers should be proud is being will not, stand by idly while those who formance by saying, ‘‘A major hurri- spent. Each day that goes by, because cane is not one disaster, but two: The hate us plot our demise. The funda- of the Centers for Disease Control, natural disaster of the hurricane itself, mental reorganization of our homeland lives are being saved from mosquito-re- and the unnatural disaster of Federal security apparatus is the surest step lated problems and, of course, AIDS. efforts to aid the victims.’’ we can take now to gird ourselves for The Senator from Georgia has a tre- Over the last decade, with help from the threats to come. With sober under- mendous responsibility to convey to Congress and new leadership, FEMA standing of the moment of the task the rest of the Senate the importance has worked hard to regain the trust of now at hand, let us complete this good of the Centers for Disease Control and its constituents, especially those work. make sure they have adequate re- Americans affected by a major dis- Above the pyramid on the Great Seal sources to do the job that is necessary aster. Now we must maintain FEMA’s of the United States, in reference to to be done, especially post-September independence to ensure that an in- the founding of our Nation, it says, in 11. creased emphasis on terrorism will be Latin, ‘‘God has favored our under- The PRESIDING OFFICER. The Sen- in addition to, and not at the expense taking.’’ May He grant us now His ator from Vermont. of, the Agency’s natural hazard pro- favor again. Mr. JEFFORDS. Mr. President, I rise grams. I yield the floor. today to express my concerns about a As it now stands, FEMA is a small, The PRESIDING OFFICER. The Sen- central component of the proposed De- flexible agency with a director report- ator from Nevada. partment of Homeland Security—the ing directly to the President. This Mr. REID. It is my understanding inclusion of the Federal Emergency chain of command works well, but it that the matter before the Senate is Management Agency in the new de- would be lost if FEMA were moved into the Smith amendment. partment. the Department of Homeland Security. The PRESIDING OFFICER. The Sen- I understand that in the wake of the Adding another layer of bureaucracy to ator is correct. horrific events of September 11, we the disaster declaration process can AMENDMENT NO. 4492 TO AMENDMENT NO. 4471 would look for ways to strengthen our only slow vital response and recovery (Purpose: To amend title 49, United States Nation’s defense to prevent any future efforts. Code to improve flight and cabin security catastrophe. I fully support that goal. Again, I firmly believe that it is crit- on passenger aircraft) But we must be cautious, very cau- ical to prepare America to respond to Mr. REID. I send an amendment to tious, to make sure that we work to terrorist acts, but we must not lose the desk on behalf of Senators BOXER correct what went wrong and not inter- sight of the fact that FEMA’s primary and SMITH. fere with what went right. focus is to respond to nature’s fury. We The PRESIDING OFFICER. The We know what went wrong, and I know that fires, floods, tornadoes, clerk will report the amendment. firmly hope that we, as a nation, will earthquakes, and hurricanes will con- The legislative clerk read as follows: develop a comprehensive plan to ad- tinue to cause injuries, deaths, and The Senator from Nevada [Mr. REID], for dress the shortcomings in our intel- property damage every year. Mr. SMITH of New Hampshire, for himself, ligence gathering and communication Jeopardizing FEMA’s abilities to deal Mrs. BOXER, Mr. MURKOWSKI, Mr. BURNS, Mr. with disasters is not the best way to se- BUNNING, and Mr. MILLER, proposes an efforts. That, I believe, should be the prime goal of any new homeland de- cure our homeland. amendment numbered 4492 to amendment As we move forward, we should be No. 4471. fense effort. thoughtful and deliberate, and we Mr. REID. Mr. President, I ask unan- What went right after September 11 was the response of the Federal Emer- should focus on fixing the failures and imous consent that the reading of the not tinkering with the successes. gency Management Agency. In the amendment be dispensed with. Accordingly, at the appropriate time The PRESIDING OFFICER. Without days after the September 11 terrorist I will offer an amendment to remove objection, it is so ordered. attacks I visited the Pentagon and the Federal Emergency Management (The text of the amendment is print- World Trade Center. I saw firsthand Agency from the Department of Home- ed in today’s RECORD under ‘‘Text of how well FEMA responded to a horrific land Security. Preserving FEMA’s Amendments.’’) scene that all of the disaster drills and independence is the best way to pre- Mr. REID. Mr. President, before my training exercises could not have prepare our nation to respond to natural friend from Georgia leaves—and I know pared anyone for. I was incredibly im- disasters and any future terrorist at- the Senator from Vermont wishes to pressed by what I saw. Thousands of tacks we may face. speak—I want to emphasize how impor- workers from around the country came I suggest the absence of a quorum. tant the Centers for Disease Control together to bring calm and order to an The PRESIDING OFFICER. The are to this country and to the world. I otherwise chaotic situation. clerk will call the roll. have traveled with the Senator from Of nearly 400 disasters that FEMA The legislative clerk proceeded to Georgia to the Centers for Disease Con- has responded to since the Oklahoma call the roll. trol and seen some of those old, dilapi- City bombing in 1995, only the attacks Mr. REID. I ask unanimous consent dated buildings, some of them built on the World Trade Center and the that the order for the quorum call be prior to World War II. Pentagon were acts of terrorism. rescinded.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8194 CONGRESSIONAL RECORD — SENATE September 4, 2002 The PRESIDING OFFICER (Mr. JEF- many other heroes as well on Sep- established. This commission reviews FORDS). Without objection, it is so or- tember 11. Our thoughts and prayers all federal judicial candidates and rec- dered. today are with Tom’s family: His wife ommends individuals to Senator f Deena, and their daughters, Madison, SANTORUM and myself. We then rec- MORNING BUSINESS Halley, and Anna-Clair, three little ommend these individuals to the Presi- daughters; his parents, Thomas, Sr. Mr. REID. Mr. President, I ask unan- dent. and Beverly—I had a chance to talk to imous consent the Senate now proceed I thank my colleagues for their con- Bev just the other day—and his sisters, to a period of morning business with firmation of Mr. Terrence McVerry to Martha O’Brien and Mary Margaret Senators allowed to speak therein for a sit on the United States District Court Burnett. period not to exceed 5 minutes each. for the Western District of Pennsyl- Bloomington will be very proud to The PRESIDING OFFICER. Without vania. objection, it is so ordered. have this post office named for Tom Burnett, Jr. We are all very proud of f f this son of Minnesota. TOM BURNETT, JR. Again, I thank Congressman H.R. 3009, THE ANDEAN TRADE Mr. WELLSTONE. Mr. President, I RAMSTAD for his leadership in the rise to pay tribute to an American House. I know this bill is going to pass PREFERENCE EXPANSION ACT hero, Tom Burnett, Jr., who was a be- the House today, and my expectation is Mr. SARBANES. Mr. President, I rise loved husband and father and adored that it will pass the Senate as well. to urge my colleagues to join me in op- son and a very able business leader. He I thank again Senator LIEBERMAN for position to the motion before us, on was a person who would not and did not his help in expediting this and making passage of the conference report on sit quietly as terrorists carried out this happen. I know for a fact this is H.R. 3009, the Andean Trade Preference their plan last year on September 11. really very important to Tom’s family Expansion Act. During the Senate’s Along with my colleague, Senator and to all of Minnesota. consideration of this act, the bill’s DAYTON, and with our colleague JIM f managers stripped H.R. 3009 of the lan- RAMSTAD on the House side, we intro- CONFIRMATION OF TERRENCE F. guage approved by the House and of- duced legislation to designate a U.S. McVERRY fered a substitute amendment com- Postal Service facility in Bloomington, Mr. SPECTER. Mr. President, I seek prising three measures reported by the MN, as the Thomas E. Burnett, Jr. Finance Committee. The first, H.R. Post Office Building. recognition today to express my strong This legislation today is passing the approval of the Senate’s confirmation 3009, is indeed the Andean Trade Pref- House, and my expectation is that by of Mr. Terrence F. McVerry who Presi- erence Expansion Act. But the amend- the end of the day this will also pass dent Bush nominated for the United ment added as well two other major the Senate. I don’t know that there States District Court for the Western trade-related bills. The second meas- would ever be any Senator would dis- District of Pennsylvania. The Amer- ure, H.R. 3005, would grant the Presi- agree with this. ican Bar Association has rated Mr. dent fast-track authority for certain Tom Burnett, Jr. grew up in Bloom- McVerry ‘‘unanimously well-qualified’’ proposed trade negotiations, and also, ington, MN, and he was aboard flight 93 to sit on the bench. retroactively, for other negotiations on September 11 of last year. America Mr. McVerry received his B.A. degree already underway. And the third, S. owes Tom Burnett a deep debt of grati- from Duquesne University in 1962 and 1209, would reauthorize the Trade Ad- tude for his bravery on that day. It is his J.D. from Duquesne University justment Assistance and NAFTA Tran- possible that Members of the Congress, School of Law in 1968. After finishing sitional Adjustment Assistance pro- including myself, could very well owe law school, Mr. McVerry started his grams. H.R. 3009 thereby became a leg- him our own lives. We will never know legal career in the Allegheny County islative vehicle for linking together for sure. District Attorney’s Office. He pros- three independent measures, all trade- Tom is believed by investigators to ecuted hundreds of bench and jury related to be sure but each with its have been among those passengers who trials with a concentration on major own focus and provisions. kept the hijackers from crashing flight felonies and homicides. After serving Let me say first that I am troubled 93 into a national landmark, most like- in the District Attorney’s Office, he by this procedural maneuvering. The ly the White House or the Capitol. and two colleagues formed their own three measures, each with far-reaching That, of course, would have likely re- private practice. He went on to serve as and very different ramifications, were sulted in many more deaths than al- a partner in several other prestigious considered independently of one an- ready occurred on that day, and in- Pittsburgh firms. other in committee. In my view they stead, as we all know, flight 93 crashed Mr. McVerry has also served as a should have been considered separately into a Pennsylvania field. After listen- member of Pennsylvania House of Rep- on the floor of the Senate; each should ing to a tape from the flight’s black resentatives and as a member of the have been amended and voted up or box, law enforcement officials have de- Pennsylvania Commission on Sen- down on its own merits. Linked to- scribed a desperate struggle aboard the tencing. He served his country by join- gether, each measure became a hostage plane. ing the United States Army Reserve to the other two, a procedure which in As FBI Director Mueller said after and the Pennsylvania Air National my view ill served the American peo- being briefed on the contents of the Guard. Former Pennsylvania Governor ple. tape: Tom Ridge nominated him to fill a ju- I am particularly concerned by the We believe that those passengers were ab- dicial vacancy on the Court of Common solute heroes, and their actions during this Pleas to Allegheny County. linking of trade promotion authority flight were heroic. Currently, he serves as a Soldier for with trade adjustment assistance. TAA Tom Burnett, Jr. was 38 years old Allegheny County, Pennsylvania, addresses specific problems which Con- when he died. A 1986 graduate of Carl- where he is the chief legal officer and gress has defined. In contrast, trade son School of Management at the Uni- director of a governmental law depart- promotion authority is very broad, po- versity of Minnesota and a member of ment comprised of 36 attorneys. In this tentially reaching into areas we cannot the Apha Cappa Psi Fraternity, he had capacity, he is responsible for the rep- even identify. In fact the term is a eu- shown selfless leadership before. When resentation of all branches and depart- phemism. What we have before us is he was quarterback of Thomas Jeffer- ments of a county government that has the procedure known more precisely son High School in Bloomington, approximately 7,000 employees and re- and accurately as ‘‘fast-track,’’ a pro- Tom’s inspired play led his team to a sponsible for nearly 1.3 million inhab- cedure that radically redefines and conference championship game in 1990. itants. limits the authority granted to Con- He was a successful business leader as Pennsylvania is fortunate to have an gress in article II, section 8 of the Con- chief operating officer for a medical de- extremely well-qualified nominee like stitution ‘‘to regulate commerce with vice manufacturer in California. Mr. McVerry. This success is due to the foreign nations.’’ We will never forget his ultimate sac- bipartisan nominating commission It is easily forgotten that ‘‘fast- rifice and the ultimate sacrifice of which Senator SANTORUM and I have track’’ is a relatively new innovation

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8195 whose long-term consequences are as Financial Services Agreement, which Washington Post, David Broder called yet little understood. It dates back has helped U.S. service suppliers ex- this a ‘‘shaky victory on trade.’’ He ob- only to the Trade Act of 1974, and it pand commercial operations and find served about that ‘‘longtime supporters lapsed in 1994. It differs fundamentally new market opportunities around the of liberal trade’’ voted against fast from the ‘‘Proclamation Authority’’ world; the Basic Telecommunications track because ‘‘trade agreements now that Congress granted the President in Agreement, which opened up 95 percent go far beyond tariff reduction and in- the Reciprocal Trade Act of 1934, which of the world telecommunications mar- volve tradeoffs on intellectual property gave the Executive power to set tariffs ket to competition; and the Bilateral rights, environmental standards, basic within limits and periods of time set by agreement on China’s WTO accession, labor laws and other issues’’—issues the Congress. Proclamation Authority which opened the largest economy in too important, in Broder’s words, ‘‘to did not grant to the President author- the world to American products and delegate sweeping authority to any ad- ity to negotiate trade agreements re- services. ministration to negotiate them away.’’ quiring changes in U.S. law, let alone I could cite many other examples. These are the concerns, he wrote, of limit the discretion of Congress to ap- During this period the Executive nego- ‘‘people who are by no means protec- prove or reject such changes. In con- tiated and then obtained Congressional tionists.’’ trast, fast track authority does both. It approval of normalization of our trade Indeed, these are the concerns of the greatly expands the latitude of the Ex- relations with China, a new Caribbean American people, and it is for this rea- ecutive to negotiate an agreement, Basin initiative bill, and the Africa son that trade agreements affecting while sharply restricting the latitude Growth and Opportunity Act. Without vital areas of social and economic pol- of the Congress to consider any imple- any fast-track authority the previous icy should not be hurried through Con- menting legislation that results from administration negotiated major bilat- gress using an expedited and restrictive the negotiation. Fast track guarantees eral trade agreements with Jordan and procedure. that the executive branch can write Vietnam. The ground-breaking United Finally, not only do I disapprove of legislation implementing a trade States-Jordan agreement was sub- this measure as passed by the Senate, agreement and have that legislation mitted to and approved by Congress in but I am deeply troubled by two very voted on, up or down, 90 days after it is January of last year. And although ne- significant changes made to the legis- submitted, with only 20 hours of debate gotiated by the previous administra- lation in conference. Whereas the Sen- and no opportunity for amendment. tion, the United States-Vietnam agree- ate bill provided that employees whose While vast change in U.S. law may be ment was actually submitted to Con- factories move overseas would auto- at stake, under fast-track procedures gress by the current administration. It matically qualify for health insurance, Congress becomes little more than a was approved in June of last year. job training, and unemployment bene- rubber stamp. Furthermore, in the absence of fast- fits, under the compromise, only work- In no other area of U.S. international track authority the current adminis- ers whose companies relocate to coun- negotiation and agreement are argu- tration has found it possible and pru- tries that have a preferential trade ments for fast track made. All major dent to carry forward the negotiations agreement with the U.S. would be cov- U.S. tax, arms control, territorial, de- for bilateral free trade agreements ered. Other workers would have to un- fense and other treaties are still ac- with Chile and Singapore which were dergo a qualifying procedure through complished through established con- initiated by its predecessor. The case of which the USTR must determine that stitutional procedures, fully respecting Chile is particularly instructive. In the move was linked to trade. Addi- the role of the Congress. 1994 Chile declined an invitation to join tionally, during the Senate’s consider- Proponents of fast track often argue NAFTA, citing the Administration’s ation of the trade bill, Senators DAY- that in the area of trade, however, the failure to obtain fast track authority. TON and CRAIG offered an amendment Executive will find it difficult if not Six years later, however, Chile recon- to the fast-track bill to allow Congress impossible to negotiate agreements. sidered its position and in 2000 entered to consider provisions within trade This is certainly not the case. Fast- into negotiations on a United States- agreements that weaken U.S. trade track procedures are relevant only to Chile bilateral agreement. Negotia- remedy laws. The amendment had the trade agreements that require Congress tions since then have continued more support of 61 Senators and was adopted to make changes in existing U.S. law in or less on a monthly basis, and in a re- by voice vote. Following passage of the order for the agreements to be imple- port dated April 1, 2002 and titled trade bill, I joined many of my col- mented. Most trade agreements do not ‘‘Chile: Political and Economic Condi- leagues in urging the conferees to pre- require legislative changes and are tions and U.S. Relations’’, the Congres- serve the Dayton-Craig language. thus not subject to fast track consider- sional Research Service concluded that Under the compromise reached, how- ation. Of the hundreds of agreements ‘‘Chile’s trade policies and practices in- ever, this language was removed from entered into between 1974–1994, when dicate that it is willing and able to the bill and replaced by non-binding fast-track authority was in effect, only conclude and live up to a broad bilat- language allowing members to simply five have required fast track proce- eral FTA with the U.S., suggesting express their objections to a particular dures: the GATT Tokyo Round of 1979, that this could be a comparatively easy trade provision. And as my colleagues the United States-Israel Free Trade trade agreement for the U.S. to con- are aware, over the weekend, our col- Agreement of 1985, the Canada-United clude.’’ leagues in the House approved the States Free Trade Agreement of 1988; In 1997, I opposed the previous admin- package that emerged from the con- the North American Free Trade Agree- istration’s request. It was my view ference by a margin of 215–212, a mar- ment, NAFTA, of 1993, and the GATT then, as it is my view now, that the ar- gin greater than that of last year’s Uruguay Round of 1994. In 1994, after guments for fast track have been vast- House vote by only two. It seems clear just twenty years, fast track lapsed, ly overstated—they simply ignore our that the compromise before us is not a and in 1997 the Congress declined to ex- continuing success in concluding consensus on trade and I would urge tend it. Yet since 1994 hundreds of agreements that open foreign markets my colleagues to oppose the conference trade agreements have been success- to U.S. exporters and benefit U.S. con- report to H.R. 3009. fully negotiated and implemented. sumers. Chile and Singapore offer a For example, in 2000 the office of the case in point. The absence of fast track f Trade Representative identified the has not prevented negotiations with ei- following agreements, negotiated with- ther, yet this legislation would apply LOCAL LAW ENFORCEMENT ACT out fast track, as having ‘‘truly his- the procedure retroactively. It is not OF 2001 toric importance’’: The Information clear why this should be necessary. Mr. SMITH of Oregon. Mr. President, Technology, IT, Agreement, under Additionally, I want to remind my I rise today to speak about hate crimes which 40 countries eliminated import colleagues that in December of last legislation I introduced with Senator duties and other charges on IT prod- year our colleagues in the House of KENNEDY in March of last year. The ucts representing more than 90 percent Representatives approved H.R. 3005 by Local Law Enforcement Act of 2001 of the telecommunications market; the a single vote, 215–214. Writing in the would add new categories to current

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8196 CONGRESSIONAL RECORD — SENATE September 4, 2002 hate crimes legislation sending a sig- Charles Burlingame was known as with the Senate the memory of one of nal that violence of any kind is unac- ‘‘Chic’’ his entire life by family and my constituents, Lauren Grandcolas, ceptable in our society. friends. He was born in St. Paul, MN, of San Rafael, CA, who lost her life on I would like to describe a terrible and grew up in Anaheim, CA. Chic was September 11, 2001. Mrs. Grandcolas crime that occurred July 29, 2000 in an Eagle Scout and played trumpet in was a 38-year-old advertising sales con- Mahwah, NJ. A man attacked two gay his high school marching band. After sultant when the flight she was on, men after leaving an apartment com- graduating from Anaheim High School United Airlines Flight 93, was hijacked plex party. The assailant confronted in 1967, President Lyndon Johnson ap- by terrorists. As we all know, that the two partygoers in the apartment pointed him to the United States Naval plane crashed in a Pennsylvania field, parking lot, made obscene remarks Academy in Annapolis, MD. killing everyone on board. about their sexual orientation, and He continued developing his musical Mrs. Grandcolas was born in Bloom- then punched and kicked them. One of talents and played bugle in the Naval ington, IN and attended the University the victims had to be treated at a local Academy Drum and Bugle Corps. After of Texas at Austin, where she met her hospital. graduating from the Naval Academy in husband, Jack Grandcolas. After grad- I believe that government’s first duty 1971, he attended Naval air training at uation, she worked as a Marketing Di- is to defend its citizens, to defend them Pensacola, FL and then enrolled at the rector for a law firm and then for against the harms that come out of advanced tactical school at Meridian, Price, Waterhouse, Coopers. At the hate. The Local Law Enforcement En- MS, and Corpus Christi, TX. He flew F– time of her tragic death, Mrs. hancement Act of 2001 is now a symbol 4 Phantom jets as a carrier-based pilot Grandcolas was working as an adver- that can become substance. I believe aboard the U.S.S. Saratoga. tising sales consultant at Good House- that by passing this legislation and In 1979 Captain Burlingame was hon- keeping Magazine and was researching changing current law, we can change orably discharged from active duty and and writing a non-fiction book to help hearts and minds as well. became a member of the Naval Re- women boost their self-esteem. serves. During the Gulf War he served Lauren had enthusiasm and passion f at the Pentagon under the Assistant for life, loved the outdoors and was de- THE ELEVENTH OF SEPTEMBER Secretary of Defense and was awarded voted to physical fitness. She hiked, the Defense Superior Service Medal. jogged, kayaked, and enjoyed in-line Mr. KERRY. Mr. President, over the Later, as a pilot for American Airlines skating around her neighborhood. Her last year, Roger J. Robicheau, of Hol- he flew domestic and international energy was boundless and she took brook, MA, has taken the time to share flights. classes in cooking, gardening, scuba- with me many of his poems that were At his eulogy, Navy Vice-Admiral diving and wine appreciation. Lauren inspired by the events of September 11 Timothy Keating described Captain was also active with United Way, and our country’s efforts to heal the Burlingame as ‘‘a gifted aviator who March of Dimes, Project Open Hand, wounds of that day. His eloquence has could make jets talk.’’ Senator George Juvenile Diabetes Foundation, Breast captured the heroes who sacrificed so Allen of Virginia eulogized him as a Cancer Awareness and Glide Memorial. much for so many, has lifted my spirits man who ‘‘gave his last breath in a Her husband Jack recalls she had a throughout the year and has offered in- struggle against terrorism. He was a heart the size of Texas. Knowing her sightful perspective on that tragic day. true American patriot who paid the ul- flight had been hijacked, Lauren left I ask that his latest poem, ‘‘The Elev- timate sacrifice as one of our Nation’s her husband a message on their home enth of September,’’ be printed in the first warriors to perish in the war on answering machine and then loaned her RECORD so that my colleagues and my terrorism.’’ Perhaps Chic Burlingame’s cell phone to another passenger to call fellow Americans can share in his attitude toward life is best summed up loved ones. thoughts and prayers for our country. by a statement he wrote in a class- The joy Lauren felt pursuing new in- THE ELEVENTH OF SEPTEMBER mate’s high school yearbook when Chic terests and developing new skills was We mourn their loss this day this year was about to graduate, ‘‘Remember, de- being interwoven in the book she was Those now with God, no danger near sire and hard work equal victory!’’ Chic writing for women. Jack recalls, ‘‘She So many loved ones left do stand believed that one person really can made a point to do things that were Confronting loss throughout our land make a difference. good for her, and she thought she could My heart goes out to those who do Captain Burlingame is survived by extend what she’d learned to help other No one can fathom what they view his wife, Sheri G. Harris Burlingame, adult women gain confidence. Her sis- I firmly pray for peace of mind his daughter, Wendy D. Pattavina, his ter and I will fulfill her dream by com- Dear God please help each one to find grandson, Jack Pattavina, step-sons pleting the book.’’ None of us is untouched by the terror And to our soldiers now at war John Harris and Chad Harris, brothers God guide above, at sea, on shore Mark M. Burlingame and Bradley M. of September 11th, and many Califor- nians were part of each tragic moment They are the best, I have no doubt Burlingame and sister Debra A. Bur- Our country’s pride, complete, devout lingame. of that tragic day. Some were trapped None of us is untouched by the terror in the World Trade Center towers. The finest force you’ll ever see All freedom grown through liberty of September 11th, and many Califor- Some were at work in the Pentagon. nians were part of each tragic moment And the fates of some were sealed as One final thought comes clear to me For what must live in infamy of that tragic day. Some were trapped they boarded planes bound for San in the World Trade Center towers. Francisco or Los Angeles. Absolutely—We’ll Remember I offer today this tribute to one of The Eleventh—of September Some were at work in the Pentagon. And the fates of some were sealed as the 51 Californians who perished on f they boarded planes bound for San that awful morning. I want to assure IN MEMORIAM: CAPTAIN CHARLES Francisco or Los Angeles. the family of Lauren Grandcolas, and BURLINGAME, III I offer today this tribute to one of 51 the families of all the victims, that Californians who perished on that their fathers and mothers, sons and Mrs. BOXER. Mr. President, I would awful morning. I want to assure the daughters, aunts, uncles, brothers and like to take this opportunity to share family of Charles Burlingame, and the sisters will not be forgotten. with the Senate the memory of one of families of all the victims, that their f my constituents, Captain Charles F. fathers and mothers, sons and daugh- YEAR OF THE BLUES RESOLUTION Burlingame, III, who lost his life on ters, aunts, uncles, brothers and sisters September 11, 2001. Captain Burlingame will not be forgotten. Mrs. LINCOLN. Mr. President, as you was 51 years old when the flight he was f may know, I introduced legislation (S. piloting, American Airlines Flight 77, Res. 316) on August 1, 2002, designating was overtaken and hijacked by terror- LAUREN GRANDCOLAS: IN the year beginning February 1, 2003, as ists. As we all know, that plane MEMORIAM the ‘‘Year of the Blues’’ and requesting crashed into the Pentagon, killing ev- Mrs. BOXER. Mr. President, I would that the President issue a proclama- eryone on board. like to take this opportunity to share tion calling on the people of the United

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8197 States to observe the ‘‘Year of the Sonny Payne recalled that many of the the harmonica the centerpiece in a blues Blues’’ with appropriate ceremonies, songs played on ‘‘King Biscuit Time’’ band. His unique phrasings, compared by activities, and educational programs. I originated during the live broadcasts, many to the human voice, influenced countless harp players. am proud to be joined by Senators and in some cases, words to the songs His partner, Robert Junior Lockwood, COCHRAN, THOMPSON, and FRIST. were known to change day to day. stepson of the legendary Robert Johnson, It has been said that ‘‘Blues is more After becoming involved with this also influenced this blues style. A fan of big than music; Blues is culture. Blues is project, I recently came across an arti- band jazz, he incorporated jazzier elements America.’’ As a native of Helena, Ar- cle ‘‘Pass the biscuits, cause it’s King into the blues, often playing the guitar with kansas, I could not agree more. Grow- Biscuit Time . . . ’’ written by free- his fingers. ing up in the Delta, I often listened to lance writer Lex Gillespie. I believe As years passed, the due expanded into a full band, including piano player ‘‘Pine Top’’ the blues during the famous ‘‘King Bis- this article provides an accurate ac- cuit Time’’ show on my hometown sta- Perkins, Houston Stackhouse an ‘‘Peck’’ count of the development of blues in Curtis, and musicians who played on the tion, KFFA radio. The songs I heard the South. show also advertised local appearances that often told stories of both celebration I will ask unanimous consent it be gave them more work. and triumph, as well as sorrow and printed in the RECORD following my With the success of ‘‘King Biscuit Time,’’ struggle. statement. Helena soon became a center for the blues. It Although its roots are in the tradi- So as you can see, Mr. President, the was a key stopping off point for black musi- tion of the primitive songs of the old blues has been an important part of my cians on the trip north to the barrooms and Southern sharecroppers, the blues has life and the life of many others. It’s a clubs of Chicago’s South and West sides. Al- left an important cultural legacy in ready, in the thirties, the town had seen the style of music that is, in its essence, likes of pianist Memphis Slim and Helena our country and has documented Afri- truly American. But as we move into a native Roosevelt Sykes, as well as guitarists can-American history in the last cen- new century and embrace new forms Howlin’ Wolf, Honeyboy Edwards, and tury. As the blues began to transform and styles of music, we must not allow Elmore James. And when the program went in style and content throughout the today’s youth to forget the legacy of on the air, it helped shape the early careers twentieth century, its evolution par- our past. By teaching the blues, proof many an aspiring musician. ‘‘Little Wal- alleled the migration of American life moting the blues, and celebrating the ter’’ Jacobs and Jimmy Rogers, who later from a rural, agricultural society to an blues, we can ensure that the rich cul- played with Muddy Waters, came to live and urban industrialized nation. The blues learn in Helena in the mid-1940’s. Muddy ture and heritage of our forefathers Waters also brought his band to Helena to has also left an indelible impression on will always live on. I urge my col- play on KFFA and in bars in the area. Teen- other forms of music with its influence leagues to support this resolution. ager Ike Turner first heard the blues on heard in jazz, rock and roll, rhythm At this time I ask unanimous con- KFFA around that time, and King Biscuit pi- and blues, country, and even classical sent that the Gillespie article be print- anist ‘‘Pine Top’’ Perkins gave him lessons music. Despite these facts, though, ed in the RECORD. in his trademark boogie woogie style. many young people today do not under- There being no objection, the mate- The program also influenced other stations stand the rich heritage of the blues or rial was ordered to be printed in the to put the blues on the radio. Its initial popularity convinced advertisers that the blues RECORD, as follows: recognize its impact on our nation and and commercial potential. ‘It was a major our world. ‘‘PASS THE BISCUITS, ‘CAUSE IT’S KING breakthrough,’’ explains folklorist Bill Fer- That is why I am delighted to intro- BISCUIT TIME...’’ ris, director of the Center for the Study of duce this resolution and participate in (By Lex Gillespie) Southern Culture at Ole Miss; ‘‘King Biscuit the Year of the Blues project. Coordi- Ever since it hit the airwaves one lunch- Time was a discovery of an audience and a nated by The Blues Foundation and Ex- time fifty-six years ago this November, market...that hitherto radio had not really perience Music Project, The Year of ‘‘King Biscuit Time’’ has profoundly influ- understood.’’ Across the Mississippi River the Blues is a multi-faceted entertain- enced the development and popularity of the from Helena, radio station WROX put the blues. As the oldest and longest-running ment, education, and outreach program South’s first black deejay, Early Wright, on blues program on the radio, it helped pro- the air spinning blues and gospel records in recently formed to both celebrate and mote the careers of bluesmen who pioneered 1947. Upriver in Memphis, station WDIA the create greater awareness for the blues this musical style and later brought it from next year became the first southern station and its place in the history and evo- street corners and juke joints in the South with an all-black staff, including a young lution of music and culture, both in the to an international audience. And today, musician named Riley ‘‘B.B.’’ King, who got United States and around the world. KFFA and Helena are even ‘‘must see’’ stops an early break as a deejay. And in Nashville The program is anchored by high pro- for Japanese and European tourists who in the late forties, station WLAC reached file events, and beginning next year, it want to learn about the cultural roots of the nearly half the country with its late-night blues. will feature a wide array of partici- blues and R&B shows. All of these programs ‘‘First things first,’’ recalls Sonny ‘‘Sun- and stations owe an enormous debt to ‘‘King pants, projects, and components de- shine’’ Payne, the program’s host for over Biscuit Time.’’ signed to reach a large audience, as eleven thousand broadcasts; King Biscuit And today, the legacy of the show con- well as support blues oriented edu- Time started when guitarist Robert Junior tinues, with blues programs heard on radio cation and outreach programs, such as Lockwood and harmonica player Sonny Boy stations across the U.S., the recording of the Blues in the Schools. Williamson were told they would have to get many ‘‘King Biscuit Entertainers,’’ and the This project also takes on a special a sponsor to get on the air.’’ That was 1941, yearly King Biscuit festival in Helena cele- meaning for me because I am a ‘‘daugh- when Payne was a teenager cleaning 78 rpm’s brating the city’s cultural heritage and sig- and running errands at KFFA. ‘‘They came ter of the Delta,’’ and my hometown of nificant role in developing and promoting to the station one day and I showed them in the blues. Helena has played a large role in the to station manager Sam Anderson . . . he f development of the blues. Today, Hel- sent them over to the Interstate Grocery ena serves as a temporary blues Mecca Company and its owner Max Moore who had ADDITIONAL STATEMENTS each October when the three day King a flour called ‘‘King Biscuit Flour . . .’’ Biscuit Blues Festival takes place. And Lockwood and Williamson became the as I noted earlier, it is also the site of show’s original King Biscuit Entertainers CONGRATULATING one of the longest running daily music who advertised flour and corn mean in Hel- GLAXOSMITHKLINE ena and the surrounding Delta region; and ∑ shows, ‘‘King Biscuit Time,’’ which after a lucky break, Sonny Payne took over Mr. SANTORUM. Mr. President, I continues to air every weekday at 12:15 as program host when the announcer lost his would like to congratulate pm on KFFA radio from the Delta Cul- script while on the air. The program was a GlaxoSmithKline, GSK, on achieving tural Center Visitors’ Center. As long smash hit, thanks mostly to the playing and an important milestone in its work to as I can remember, ‘‘King Biscuit on-air presence of harp player Williamson. eliminate lymphatic filariasis, LF. Time’’ originally featured famous har- He became so popular that the sponsor Last month, the pharmaceutical com- monica player Sonny Boy Williamson, named its product ‘‘Sonny Boy Corn Meal’’ pany produced the one hundred-mil- guitarist Robert Junior Lockwood, and and he was, and still is, pictured, smiling and lionth tablet of its drug albendazole for with his harmonica, on a burlap sack of his the King Biscuit Entertainers. When own brand of meal. donation to LF patients, marking a recently noting the uniqueness of the Williamson was a musical pioneer in his significant step toward eradicating this show, long-time host ‘‘Sunshine’’ own right. He was one of the first to make devastating disease.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8198 CONGRESSIONAL RECORD — SENATE September 4, 2002 Lymphatic filariasis, commonly days a year to ensure that children’s Central Indiana, Inc., United Way of known as elephantiasis, is a disabling needs are tended to on a daily basis. Greater Indianapolis, CTS and the and disfiguring tropical disease caused They deserve special recognition for Urban League of Indianapolis. by thread-like worms that live in the their hard work, indomitable spirit and Dr. Lloyd is survived by his children, human lymphatic system. It mainly af- pro-active approach to pediatric health Shelley Lloyd Hankinson, Dr. Frank P. fects people in the tropical and sub- care. Lloyd Jr., Dr. Riley P. Lloyd, and tropical areas of Africa, Asia, and the I ask that my fellow Senators join Karen Ann Lloyd Jenkins; a sister, Americas. Approximately 120 million me in honoring all involved with the Annie Jackson; and seven grand- people are affected by LF, with more Pediatric Convalescent Center. Presi- children. Dr. Frank P. Lloyd was a true than one billion people at risk of infec- dent Bush named September a month leader and humanitarian that the city tion. of Service and the PCC embodies this of Indianapolis, the State or Indiana, In 1998, GlaxoSmithKline and the credo. Special children need special and the Nation will miss tremendously. World Health Organization formed the care. At PCC, special is the only kind I commend the late Dr. Frank P. Global Alliance to Eliminate LF. The of care people know.∑ Lloyd Sr. for his lifelong service to our goals of the Alliance are to interrupt f Nation.∑ transmission of LF, country by coun- HONORING DR. FRANK P. LLOYD f try, until LF has been eliminated as a SR. CONGRATULATIONS TO AIR FORCE public health problem. GSK supports SPACE COMMAND the Alliance by donating its ∑ Mr. BAYH. Mr. President, today I antiparasitic drug albendazole and by honor the life of a fellow Hoosier, phy- ∑ Mr. ALLARD. Mr. President, I wish helping with initiatives for coalition- sician, civic leader and distinguished to recognize the outstanding accom- building, planning, training, and com- businessman, Dr. Frank P. Lloyd Sr., plishments of the men and women of munications. who passed away on August 27, 2002. Air Force Space Command, which cele- LF is one of the world’s leading As those who knew Dr. Lloyd would brates the 20th anniversary of their causes of disability, affecting people in attest, his strong commitment to the creation this week. On September 1, nearly 80 countries. The estimated eco- city of Indianapolis was reflected in his 1982, the Air Force formally activated nomic loss through disability, illness, successful and distinguished career. Space Command. This single event and missed work days is in the billions Mr. Sam H. Jones, president of the In- would forever change the way the of dollars each year. By breaking the dianapolis Urban League referred to United States fights and wins its wars. cycle of infection between mosquitoes him as ‘‘a giant among men, not just Space Command originated as an and humans, the administration of African-American men, but a giant operational command standing shoul- albendazole is an important component among men, period.’’ State Representa- der-to-shoulder with other Air Force of sparing the next generation from the tive William Crawford called Dr. Lloyd operational commands such as the his- deforming manifestations of LF. ‘‘a Renaissance Man who always pro- toric Strategic Air Command. Al- GlaxoSmithKline maintains its U.S. vided an inspirational voice.’’ And U.S. though the command was young, the headquarters in Philadelphia, and I am Congresswoman JULIA CARSON, who visionary men and women of Space proud to represent the company’s 6,000 knew Dr. Lloyd for nearly 40 years, re- Command quickly stepped up to their Pennsylvania employees searching for ferred to her dear friend as ‘‘a man who immense task. These pioneers looked cures and treatments to improve the went around doing so many beautiful to the future and recognized the vast lives of citizens worldwide. I commend and positive things in such a quiet potential space-based systems could GSK for its dedication to the eradi- way.’’ provide our nation. cation of lymphatic filariasis and wish Dr. Lloyd worked for Methodist Hos- In the two decades since Space Com- the company success in fulfilling its pital for 25 years, beginning as director mand was created, the Air Force’s commitment to produce and donate 6 of medical research and retiring as space programs have come a long way. billion albendazole tablets to this end.∑ president. During his time at Meth- In 1983, Space Command was given the responsibility for operating the Air f odist, the hospital became the first non-university hospital in the Nation Force’s world wide network of surveil- CONGRATULATIONS TO THE PEDI- to offer heart transplants and one of lance and missile warning sensors. Also ATRIC CONVALESCENT CENTER the very few to be approved for Jarvik- in the 1980’s Space Command was given ∑ Mr. BUNNING. Mr. President, today 7 artificial heart implantation. He responsibility for command and control I honor and congratulate the Home of taught at Indiana University, Purdue of its first two satellite constellations, the Innoncents Pediatric Convalescent University, and Howard University in the Defense Meteorological Satellite Center, PCC, in Louisville, KY. The Washington, D.C., where he authored Program and the Defense Support Pro- PCC was recently recognized with the several medical textbooks. gram. These satellite programs con- 2002 National Organization on Dis- Without question, Dr. Lloyd was and tinue to be a crucial element of the na- ability Award from the American Asso- will always be regarded as one of tion’s warfighting capability. The early ciation of Homes and Services for the Indianapolis’s most influential and nineties saw Air Force Space Command Aging, AAHSA. AAHSA is a national dedicated civic leaders. He was the cat- also take responsibility of all oper- association representing mission-driv- alyst in various accomplishments, such ational space lift vehicles, followed by en, not-for-profit health care and sen- as the creation of the White River the Minuteman and Peacekeeper ior housing providers. State Park, the Indiana Sports Cor- ICBMs. The PCC is truly a unique and special poration and the Indianapolis Circle In the years leading up to Desert place for disabled children throughout City Classic. His ability to build Storm, Air Force Space Command con- the Commonwealth of Kentucky. In bridges between corporate America and tinued to expand its capabilities and fact, according to the PCC, the center the community were without equal. enhance our Nation’s warfighting is Kentucky’s only center of excellence Dr. Lloyd founded the former Mid- forces. Desert Storm provided us the for children’s long-term nursing needs. west National Bank, where he was the first glimpses of how space-based capa- The PCC has served residents from 81 Chairman of the Board and CEO. He bilities can transform the way we fight of the 120 counties in the Common- was also the Chairman of the Midwest wars. The Defense Meteorological Sat- wealth of Kentucky as well as from the National Corporation and majority ellite Program enabled planners to neighboring states of Indiana, Ohio, owner for a time of a local Indianapolis avoid adverse weather conditions and and Tennessee. radio station, WTLC–FM. allowed General Schwarzkopf to suc- The PCC not only provides patients In addition to his corporate success, cessfully execute his now famous ‘‘Hail with medical care, but also offers their Dr. Lloyd served on the boards of var- Mary’’ attack against the Iraqis by children an array of educational, so- ious civic and charitable organizations, showing him where his tanks could ef- cial, and physical opportunities. The including the Center for Legislative fectively maneuver. The Defense Sup- staff, ranging from speech therapists to Improvement, Indiana Bell Telephone port Program was invaluable in pro- dietitians, works around the clock, 365 Co., Goodwill Industries Foundation of viding early warning of SCUD

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8199 launches. And the effectiveness of our Convention on the Prohibition of the EC–8464. A communication from the Direc- bombing was just starting to see the Development, Production, Stockpiling tor, Federal Judicial Center, transmitting, improvements enabled by the Global and Use of Chemical Weapons and on pursuant to law, the Federal Judicial Cen- Positioning System. On the first night Their Destruction, adopted by the Sen- ter’s Annual Report for calendar year 2001; to the Committee on the Judiciary. of the war, Conventional Air-Launched ate of the United States on April 24, EC–8465. A communication from the Dep- Cruise Missiles descended on Baghdad 1997, I hereby certify pursuant to Con- uty General Counsel, Veterans Benefits Ad- with deadly accuracy after using Glob- dition 7(C)(i), Effectiveness of the Aus- ministration, Department of Veterans’ Af- al Positioning System to update their tralia Group, that: fairs, transmitting, pursuant to law, the re- own internal navigation. Australia Group members continue port of a rule entitled ‘‘Monetary Allowance Desert Storm gave us a preview of to maintain equally effective or more for Certain Children of Vietnam Veterans; space-based capabilities, and in the comprehensive controls over the export Identification of Covered Birth Defects’’ of: toxic chemicals and their precur- (RIN2900–AK67) received on August 15, 2002; years that followed the innovative men to the Committee on Veterans’ Affairs. and women of Air Force Space Com- sors; dual-use processing equipment; EC–8466. A communication from the Dep- mand continued to refine these capa- human, animal, and plant pathogens uty General Counsel, Veterans Benefits Ad- bilities and experiment with the best and toxins with potential biological ministration, Department of Veterans’ Af- way to employ them. Operation Endur- weapons applications; and dual-use bio- fairs, transmitting, pursuant to law, the re- ing Freedom showed the fruits of their logical equipment, as that afforded by port of a rule entitled ‘‘Schedule for Rating hard effort. Communications and GPS the Australia Group as of April 25, 1997; Disabilities; The Skin’’ (RIN2900–AF00) re- and ceived on August 15, 2002; to the Committee satellites enabled the tremendous feat on Veterans’ Affairs. of a B–52 providing close air support to The Australia Group remains a viable mechanism for limiting the spread of EC–8467. A communication from the Dep- a soldier on the ground within minutes uty General Counsel, Veterans Benefits Ad- of the soldier calling in a target. chemical and biological weapons-re- ministration, Department of Veterans’ Af- Today Air Force Space Command is a lated materials and technology, and fairs, transmitting, pursuant to law, the re- unique command within the Air Force, the effectiveness of the Australia port of a rule entitled ‘‘Duty Periods; Inac- responsible for both acquisition and op- Group has not been undermined by tive Duty for Training’’ (RIN2900–AL21) re- eration of Air Force satellite systems, changes in membership, lack of compli- ceived on August 15, 2002; to the Committee ance with common export controls and on Veterans’ Affairs. launch vehicles, and missiles with over nonproliferation measures, or the EC–8468. A communication from the Acting 30,000 people stationed around the weakening of common controls and Director, Office of Regulatory Law, Veterans globe. The role of Air Force Space Benefits Administration, Department of Vet- nonproliferation measures, in force as Command is continuing to grow as erans’ Affairs, transmitting, pursuant to of April 25, 1997. they develop even more sophisticated law, the report of a rule entitled ‘‘Ankylosis The factors underlying this certifi- systems such as SBIRS, the Space and Limitatin of Motion of Digits of the cation are described in the enclosed Based Radar, and advanced commu- Hands’’ (RIN2900–AI44) received on August 15, statement of justification. 2002; to the Committee on Veterans’ Affairs. nication satellites, while expanding GEORGE W. BUSH. EC–8469. A communication from the Direc- into areas such as space control. I con- THE WHITE HOUSE, September 4, 2002. tor, Regulations Policy and Management gratulate Air Force Space Command on Staff, Food and Drug Administration, De- f a very successful 20 years and wish partment of Health and Human Services, them the very best for the next twen- EXECUTIVE AND OTHER transmitting, pursuant to law, the report of ty.∑ COMMUNICATIONS a rule entitled ‘‘Advisory Committee; Change of Name and Function; Technical f The following communications were Amendment’’ received on August 15, 2002; to laid before the Senate, together with MESSAGES FROM THE PRESIDENT the Committee on Health, Education, Labor, accompanying papers, reports, and doc- and Pensions. Messages from the President of the uments, which were referred as indi- EC–8470. A communication from the Direc- United States were communicated to cated: tor, Regulations Policy and Management the Senate by Ms. Evans, one of his EC–8460. A communication from the Acting Staff, Food and Drug Administration, De- secretaries. Deputy General Counsel, Office of Hearings partment of Health and Human Services, and Appeals, Small Business Administration, transmitting, pursuant to law, the report of f transmitting, pursuant to law, the report of a rule entitled ‘‘Food Additives Permitted in EXECUTIVE MESSAGES REFERRED a rule entitled ‘‘Small Business Size Regula- Feed and Drinking Water of Animals; Sele- tion; 8(a) Business Development/Small Dis- nium Yeast’’ received on August 15, 2002; to As in executive session the Presiding advantaged Business Status Determinations; the Committee on Health, Education, Labor, Officer laid before the Senate messages Rule of Procedure Governing Cases before and Pensions. from the President of the United the Office of Hearings and Appeals’’ EC–8471. A communication from the Acting States submitting sundry nominations (RIN3245–AE71) received on August 15, 2002; Assistant General Counsel for Regulations, which were referred to the appropriate to the Committee on Small Business and En- Office of the General Counsel, Office of Spe- cial Education and Rehabilitative Services, committees. trepreneurship. EC–8461. A communication from the Ad- Department of Education, transmitting, pur- (The nominations received today are ministrator of the Environmental Protection suant to law, the report of a rule entitled printed at the end of the Senate pro- Agency, transmitting, pursuant to law, a re- ‘‘State Improvement Grant Program’’ re- ceedings.) port on the implementation of the Waste Iso- ceived on August 19, 2002; to the Committee f lation Pilot Plant Land Withdrawal Act for on Health, Education, Labor, and Pensions. Fiscal Year 2000; to the Committee on En- EC–8472. A communication from the Acting REPORT CONCERNING THE JUS- ergy and Natural Resources. Assistant General Counsel for Regulations, TIFICATION OF THE AUSTRALIA EC–8462. A communication from the Direc- Office of the General Counsel, Office of Voca- GROUP AND THE CONVENTION tor, Regulations and Forms Service Division, tional and Adult Education, Department of ON THE PROHIBITION OF THE Immigration and Naturalization Service, De- Education, transmitting, pursuant to law, the report of a rule entitled ‘‘Career Re- DEVELOPMENT, PRODUCTION, partment of Justice, transmitting, pursuant to law, the report of a rule entitled ‘‘Reg- source Network State Grants: Notice of Ex- STOCKPILING AND USE OF istration and Monitoring of Certain Non- tension of Project Period and Waiver, and CHEMICAL WEAPONS AND ON immigrants’’ (RIN1115–AG70) received on Au- Reopening of Competition for American THEIR DESTRUCTION—PM 106 gust 12, 2002; to the Committee on the Judi- Samoa’’ received on August 19, 2002; to the The PRESIDING OFFICER laid be- ciary. Committee on Health, Education, Labor, and EC–8463. A communication from the Direc- Pensions. fore the Senate the following message tor, Regulations and Forms Service Division, EC–8473. A communication from the Acting from the President of the United Immigration and Naturalization Service, De- Assistant General Counsel for Regulations, States, together with an accompanying partment of Justice, transmitting, pursuant Office of the General Counsel, Office of Voca- report; which was referred to the Com- to law, the report of a rule entitled ‘‘Allow- tional and Adult Education, Department of mittee on Foreign Relations: ing in Certain Circumstances for the Filing Education, transmitting, pursuant to law, of Form I–140 Visa Petition Concurrently the report of a rule entitled ‘‘Tribally Con- To the Congress of the United States: with a Form I–485 Application’’ (RIN1115– trolled Postsecondary Vocational and Tech- Consistent with the resolution of ad- AG00) received on August 1, 2002; to the Com- nical Institutions Program: Notice of Exten- vice and consent to ratification of the mittee on the Judiciary. sion of Project Period and Waiver’’ received

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8200 CONGRESSIONAL RECORD — SENATE September 4, 2002 on August 12, 2002; to the Committee on tion, Technology and Logistics, transmit- transmitting, pursuant to law, the Annual Health, Education, Labor, and Pensions. ting, pursuant to law, the report on the in- Report from the Office of Special Counsel for EC–8474. A communication from the Acting tent to fund Fiscal Year 2003 Foreign Com- Fiscal Year 2001; to the Committee on Gov- Assistant General Counsel for Regulations, parative Testing projects; to the Committee ernmental Affairs. Office of the General Counsel, Office of Spe- on Armed Services. EC–8497. A communication from the Direc- cial Education and Rehabilitative Services, EC–8484. A communication from the Under tor, Office of Personnel Management, trans- Department of Education, transmitting, pur- Secretary of Defense, Acquisition, Tech- mitting, pursuant to law, the report of a rule suant to law, the report of a rule entitled nology and Logistics, transmitting, pursuant entitled ‘‘Prevailing Systems; Definition of ‘‘Disability in Rural Communities under the to law, the report of a certification relative Santa Clara, CA, Nonappropriated Fund Rehabilitation Research and Training Center to realistic survivability and lethality test- Wage Area’’ (RIN3206–AJ61) received on Au- Program (RRTC) for the National Institute ing of the OHIO Class Guided Missile Nuclear gust 15, 2002; to the Committee on Govern- on Disability and Rehabilitation Research Submarine (SSGN) would be unreasonable mental Affairs. (NIDRR)’’ received on August 19, 2002; to the expensive and impractical; to the Committee EC–8498. A communication from the Dis- Committee on Health, Education, Labor, and on Armed Services. trict of Columbia Auditor, transmitting, pur- Pensions. EC–8485. A communication from the Under suant to law, a report entitled ‘‘Eastern Mar- EC–8475. A communication from the Direc- Secretary of Defense, Acquisition, Tech- ket Management and Oversight Needs Sub- tor, Regulations Policy and Management nology and Logistics, transmitting, pursuant stantial Improvement’’; to the Committee on Staff, Food and Drug Administration, De- to law, five Selected Acquisition Reports Governmental Affairs. partment of Health and Human Services, (SARs) for the quarter ending June 30, 2002; EC–8499. A communication from the Gen- transmitting, pursuant to law, the report of to the Committee on Armed Services. eral Counsel, Federal Retirement Thrift In- a rule entitled ‘‘Medical Devices; Apnea EC–8486. A communication from the Dep- vestment Board, transmitting, pursuant to Monitor; Special Controls’’ (Doc. No. 00N– uty Secretary of Defense, transmitting, pur- law, the report of a rule entitled ‘‘Correction 1457) received on August 15, 2002; to the Com- suant to law, the report of a retirement; to of Administrative Errors; Expanded and Con- mittee on Health, Education, Labor, and the Committee on Armed Services. tinuing Eligibility; Death Benefits; Loan Pensions. EC–8487. A communication from the Direc- Program’’ received on August 15, 2002; to the EC–8476. A communication from the Direc- tor, Defense Procurement, Department of Committee on Governmental Affairs. EC–8500. A communication from the Pro- tor, Regulations Policy and Management Defense, transmitting, pursuant to law, the gram Manager, Employee Benefits Program, Staff, Food and Drug Administration, De- report of a rule entitled ‘‘Reporting Require- Human Resources Support Branch, Depart- partment of Health and Human Services, ments Update’’ (DFARS Case 2002–D010) re- ment of the Navy, transmitting, pursuant to transmitting, pursuant to law, the report of ceived on August 15, 2002; to the Committee law, the annual report for 2001 of the Retire- a rule entitled ‘‘Food Additives Permitted on Armed Services. ment Plan for Civilian Employees of the for Direct Addition to Food for Human Con- EC–8488. A communication from the Direc- United States Marine Corps Community sumption; Neotame’’ (Doc. Nos. 98F–0052 and tor, Defense Procurement, Department of Service, Personal and Family Readiness Di- 99F–0187) received on August 15, 2002; to the Defense, transmitting, pursuant to law, the vision, and Miscellaneous Nonappropriated Committee on Health, Education, Labor, and report of a rule entitled ‘‘Trade Agreements Fund Instrumentalities; to the Committee Thresholds—Construction’’ (DFARS Case Pensions. on Governmental Affairs. EC–8477. A communication from the Direc- 2002–D011) received on August 27, 2002; to the EC–8501. A communication from the Chair, tor, Regulations Policy and Management Committee on Armed Services. Equal Employment Opportunity Commis- EC–8489. A communication from the Direc- Staff, Food and Drug Administration, De- sion, transmitting, pursuant to law, the tor, Defense Procurement, Department of partment of Health and Human Services, Final Fiscal Year 2002 Annual Performance transmitting, pursuant to law, the report of Defense, transmitting, pursuant to law, the Plan and the Fiscal Year 2003 Annual Per- a rule entitled ‘‘Medical Devices, Reclassi- report of a rule entitled ‘‘Partnership Agree- formance Plan for Equal Employment Oppor- fication of Polymethyl methacrylate ment Between DoD and the Small Business tunity Commission; to the Committee on (PMMA) Bone Cement’’ (Doc. No. 02P–0294) Administration’’ (DFARS Case 2001–D016) re- Governmental Affairs. received on August 15, 2002; to the Com- ceived on August 27, 2002; to the Committee EC–8502. A communication from the Chief mittee on Health, Education, Labor, and on Armed Services. Financial Officer and Plan Administrator, Pensions. EC–8490. A communication from the Direc- First South Retirement Committee, trans- EC–8478. A communication from the Assist- tor, Defense Procurement, Department of mitting, pursuant to law, the First South ant Secretary for Legislative Affairs, De- Defense, transmitting, pursuant to law, the Agricultural Credit Associate Retirement partment of State, transmitting, pursuant to report of a rule entitled ‘‘Weighted Guide- Plan for December 31, 2001; to the Committee law, the report of a rule entitled ‘‘Visas: lines Form’’ (DFARS Case 2002–D012) re- on Governmental Affairs. Documentation of Immigrants—Visa Classi- ceived on August 27, 2002; to the Committee EC–8503. A communication from the Em- fication Symbols’’ (22 CFR Part 42) received on Armed Services. ployee Benefits Manager, Ag First Farm on August 12, 2002; to the Committee on For- EC–8491. A communication from the Direc- Credit Bank, transmitting, pursuant to law, eign Relations. tor, Defense Procurement, Department of the Annual Reports of Federal Pension Plans EC–8479. A communication from the Assist- Defense, transmitting, pursuant to law, the for calendar year 2001; to the Committee on ant Secretary for Legislative Affairs, De- report of a rule entitled ‘‘Institutions of Governmental Affairs. partment of State, transmitting, pursuant to Higher Education’’ (DFARS Case 99–D303) re- EC–8504. A communication from the Ad- law, a series of papers which address a range ceived on August 27, 2002; to the Committee ministrator, General Service Administra- of issues affecting the United States’ bilat- on Armed Services. tion, transmitting, pursuant to law, the An- eral relationship with Cuba; to the Com- EC–8492. A communication from the Dep- nual Performance Plan for Fiscal Year 2003; mittee on Foreign Relations. uty Secretary of Defense, transmitting, pur- to the Committee on Governmental Affairs. EC–8480. A communication from the Sec- suant to law, a report on international as- EC–8505. A communication from the Dep- retary of State, transmitting , pursuant to sistance for the elimination of Russia’s uty Secretary of Defense, transmitting, the law, the annual report for 2001 on voting chemical weapons; to the Committee on semiannual report of the Office of the In- practices at the United Nations; to the Com- Armed Services. spector General for the period October 1, 2001 mittee on Foreign Relations. EC–8493. A communication from the Under through March 31, 2002 along with the classi- EC–8481. A communication from the Assist- Secretary of Defense, Acquisition, Tech- fied Annex to the Semiannual Report on In- ant Legal Advisor for Treaty Affairs, Depart- nology and Logistics, transmitting, pursuant telligence-Related Oversight; to the Com- ment of State, transmitting, pursuant to to law, a report on Restructuring Costs Asso- mittee on Governmental Affairs. law, the report of the texts and background ciated with Business Combinations for cal- EC–8506. A communication from the Chair- statements of international agreements, endar year 2001; to the Committee on Armed man and Chief Executive Officer, Farm Cred- other than treaties; to the Committee on Services. it Administration, transmitting, pursuant to Foreign Relations. EC–8494. A communication from the Assist- law, the semiannual report of the Office of EC–8482. A communication from the Ad- ant Secretary of Defense, Force Management the Inspector General for the period October ministrator, National Nuclear Security Ad- Policy, transmitting, pursuant to law, the 1, 2001 through March 31, 2002; to the Com- ministration, Department of Energy, trans- revised closure date for the commissary at mittee on Governmental Affairs. mitting, pursuant to law, the annual report Point Mugu, California; to the Committee on EC–8507. A communication from the Direc- regarding calendar year 2001 sales to des- Armed Services. tor, Benefit Design and Compliance, ignated Tier III countries of computers capa- EC–8495. A communication from the Direc- AgriBank, transmitting, pursuant to law, ble of operating per second (MTOPS) by com- tor, Defense Procurement, Department of the annual reports disclosing financial con- panies that participated in the Accelerated Defense, transmitting, pursuant to law, the dition of the Retirement Plans for the Em- Strategic Computing Initiative Program of report of a rule entitled ‘‘Restriction on Ac- ployees of the Seventh Farm Credit District, the Department of Energy; to the Committee quisition of Vessel Propellers’’ (DFARS Case Eleventh Farm Credit District, and on Armed Services. 2002–D006) received on August 27, 2002; to the AgAmerica Farm Credit District; to the EC–8483. A communication from the Direc- Committee on Armed Services. Committee on Governmental Affairs. tor, Strategic and Tactical Systems, Office EC–8496. A communication from the Spe- EC–8508. A communication from the Con- of the Under Secretary of Defense, Acquisi- cial Counsel, United States of America, gressional Review Coordinator, Animal and

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8201 Plant Health Inspection Service, Department titled ‘‘Imidacloprid; Re-Establishment of SUBMISSION OF CONCURRENT AND of Agriculture, transmitting, pursuant to Tolerance for Emergency Exemptions’’ SENATE RESOLUTIONS law, the report of a rule entitled ‘‘Citrus (FRL7188–4) received on August 12, 2002; to Canker; Removal of Quarantined Area’’ (Doc. the Committee on Agriculture, Nutrition, The following concurrent resolutions No. 02–018–2) received on August 12, 2002; to and Forestry. and Senate resolutions were read, and the Committee on Agriculture, Nutrition, EC–8519. A communication from the Prin- referred (or acted upon), as indicated: and Forestry. cipal Deputy Associate Administrator of the By Mr. BUNNING (for himself and Mr. EC–8509. A communication from the Con- Environmental Protection Agency, transmit- MCCONNELL): gressional Review Coordinator, Animal and ting, pursuant to law, the report of a rule en- S. Res. 320. A resolution honoring the Val- Plant Health Inspection Service, Department titled ‘‘2-Propenoic acid, 2-methyl-, polymer ley Sports American Little League baseball of Agriculture, transmitting, pursuant to with ethyl 1 2-propenoate and methyl 2- team from Louisville, Kentucky for winning law, the report of a rule entitled ‘‘Microchip methyl-2propenoate, ammonium salt; Toler- the 2002 Little League Baseball World Series; Implants as an Official Form of Identifica- ance Exemption’’ (FRL7188–3) received on considered and agreed to. tion for Pet Birds’’ (Doc. No. 01–023–2) re- August 12, 2002; to the Committee on Agri- By Mr. CAMPBELL (for himself, Mr. ceived on August 12, 2002; to the Committee culture, Nutrition, and Forestry. DORGAN, Mr. MURKOWSKI, Mr. DOMEN- on Agriculture, Nutrition, and Forestry. EC–8520. A communication from the Prin- ICI, Mr. BINGAMAN, Mr. CONRAD, and EC–8510. A communication from the Con- cipal Deputy Associate Administrator of the Ms. STABENOW): gressional Review Coordinator, Animal and Environmental Protection Agency, transmit- S. Res. 321. A resolution commemorating Plant Health Inspection Service, Department ting, pursuant to law, the report of a rule en- the 30th Anniversary of the Founding of the of Agriculture, transmitting, pursuant to titled ‘‘Dichlormid; Extension of Time-Lim- American Indian Higher Education Consor- law, the report of a rule entitled ‘‘Citrus ited Pesticide Tolerance’’ (FRL7192–5) re- tium (AIHEC); to the Committee on Indian Canker; Removal of Quarantined Area’’ (Doc. ceived on August 12, 2002; to the Committee Affairs. No. 02–029–2) received on August 12, 2002; to on Agriculture, Nutrition, and Forestry. f the Committee on Agriculture, Nutrition, EC–8521. A communication from the Prin- and Forestry. cipal Deputy Associate Administrator of the ADDITIONAL COSPONSORS EC–8511. A communication from the Con- Environmental Protection Agency, transmit- S. 554 gressional Review Coordinator, Animal and ting, pursuant to law, the report of a rule en- At the request of Mrs. MURRAY, the Plant Health Inspection Service, Department titled ‘‘Methyl Anthranilate; Exemption name of the Senator from Rhode Island of Agriculture, transmitting, pursuant to from the Requirement of a Tolerance’’ (Mr. REED) was added as a cosponsor of law, the report of a rule entitled ‘‘Agricul- (FRL7189–7) received on August 12, 2002; to tural Bioterrorism Protection Act of 2002; the Committee on Agriculture, Nutrition, S. 554, a bill to amend title XVIII of the Listing of Biological Agents and Toxins and and Forestry. Social Security Act to expand medi- Requirements and Procedures for Notifica- EC–8522. A communication from the Prin- care coverage of certain self-injected tion of Possession’’ (Doc. No. 02–082–1) re- cipal Deputy Associate Administrator of the biologicals. ceived on August 12, 2002; to the Committee Environmental Protection Agency, transmit- S. 761 on Agriculture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- At the request of Mr. BAUCUS, the EC–8512. A communication from the Prin- titled ‘‘Metsulfuron Methyl; Pesticide Toler- name of the Senator from Washington cipal Deputy Associate Administrator of the ance’’ (FRL7189–2) received on August 12, (Mrs. MURRAY) was added as a cospon- Environmental Protection Agency, transmit- 2002; to the Committee on Agriculture, Nu- ting, pursuant to law, the report of a rule en- trition, and Forestry. sor of S. 761, a bill to provide loans for titled ‘‘Chlorsulfron; Pesticide Tolerance’’ EC–8523. A communication from the Ad- the improvement of telecommuni- (FRL7192–9) received on August 12, 2002; to ministrator, Fruit and Vegetable Programs, cations services on Indian reservations. the Committee on Agriculture, Nutrition, Agricultural Marketing Service, Department S. 1132 and Forestry. of Agriculture, transmitting, pursuant to At the request of Mr. CRAPO, the EC–8513. A communication from the Prin- law, the report of a rule entitled ‘‘Tart Cher- name of the Senator from Arkansas ries: Order Amending Marketing Agreement cipal Deputy Associate Administrator of the (Mr. HUTCHINSON) was added as a co- and Order No. 930’’ (FV00–930–1) received on Environmental Protection Agency, transmit- sponsor of S. 1132, a bill to amend the ting, pursuant to law, the report of a rule en- September 3, 2002; to the Committee on Agri- titled ‘‘Diflufenzopy; Pesticide Tolerance’’ culture, Nutrition, and Forestry. Federal Food, Drug, and Cosmetic Act (FRL7195–8) received on August 12, 2002; to EC–8524. A communication from the Ad- relating to the distribution chain of the Committee on Agriculture, Nutrition, ministrator, Fruit and Vegetable Programs, prescription drugs. and Forestry. Agricultural Marketing Service, Department S. 1226 EC–8514. A communication from the Prin- of Agriculture, transmitting, pursuant to At the request of Mr. CAMPBELL, the cipal Deputy Associate Administrator of the law, the report of a rule entitled ‘‘Dried name of the Senator from Georgia (Mr. Prunes Produced in California: Undersized Environmental Protection Agency, transmit- CLELAND) was added as a cosponsor of Regulation for the 2002–03 Crop Year’’ (FV02– ting, pursuant to law, the report of a rule en- S. 1226, a bill to require the display of titled ‘‘Fosetyl-A1; Pesticide Tolerances’’ 933–1FR) received on September 3, 2002; to (FRL7195–1) received on August 12, 2002; to the Committee on Agriculture, Nutrition, the POW/MIA flag at the World War II the Committee on Agriculture, Nutrition, and Forestry. memorial, the Korean War Veterans and Forestry. EC–8525. A communication from the Ad- Memorial, and the Vietnam Veterans EC–8515. A communication from the Prin- ministrator, Fruit and Vegetable Programs, Memorial. cipal Deputy Associate Administrator of the Agricultural Marketing Service, Department S. 1248 Environmental Protection Agency, transmit- of Agriculture, transmitting, pursuant to At the request of Mr. KERRY, the ting, pursuant to law, the report of a rule en- law, the report of a rule entitled ‘‘General name of the Senator from Georgia (Mr. titled ‘‘Imazethapyr: Pesticide Tolerance’’ Specifications for Dairy Plants Approved for USDA Inspection and Grading’’ (Doc. No. CLELAND) was added as a cosponsor of (FRL7193–4) received on August 12, 2002; to S. 1248, a bill to establish a National the Committee on Agriculture, Nutrition, DA–99–04) received on September 3, 2002; to and Forestry. the Committee on Agriculture, Nutrition, Housing Trust Fund in the Treasury of EC–8516. A communication from the Prin- and Forestry. the United States to provide for the de- cipal Deputy Associate Administrator of the f velopment of decent, safe, and afford- Environmental Protection Agency, transmit- able, housing for low-income families, ting, pursuant to law, the report of a rule en- INTRODUCTION OF BILLS AND and for other purposes. titled ‘‘Pyriproxyfen; Pesticide Tolerance’’ JOINT RESOLUTIONS S. 1298 (FRL7195–7) received on August 12, 2002; to The following bills and joint resolu- At the request of Mr. HARKIN, the the Committee on Agriculture, Nutrition, tions were introduced, read the first names of the Senator from Minnesota and Forestry. EC–8517. A communication from the Prin- and second times by unanimous con- (Mr. WELLSTONE) and the Senator from cipal Deputy Associate Administrator of the sent, and referred as indicated: Minnesota (Mr. DAYTON) were added as Environmental Protection Agency, transmit- By Mr. FRIST (for himself and Mr. cosponsors of S. 1298, a bill to amend ting, pursuant to law, the report of a rule en- ROBERTS): title XIX of the Social Security Act to titled ‘‘Sulfentrazone; Pesticide Tolerances S. 2902. A bill to promote mathematics and provide individuals with disabilities for Emergency Exemptions’’ (FRL7191–5) re- science education through a mathematics and older Americans with equal access ceived on August 12, 2002; to the Committee and science partnership and through the es- to community-based attendant services on Agriculture, Nutrition, and Forestry. tablishment of a grant program to increase EC–8518. A communication from the Prin- student academic achievement in mathe- and supports, and for other purposes. cipal Deputy Associate Administrator of the matics and science, and for other purposes; S. 1377 Environmental Protection Agency, transmit- to the Committee on Health, Education, At the request of Mr. SMITH of Or- ting, pursuant to law, the report of a rule en- Labor, and Pensions. egon, the name of the Senator from

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8202 CONGRESSIONAL RECORD — SENATE September 4, 2002 Oklahoma (Mr. NICKLES) was added as 2596, a bill to amend the Internal Rev- ENSIGN), the Senator from Wisconsin a cosponsor of S. 1377, a bill to require enue Code of 1986 to extend the financ- (Mr. FEINGOLD), the Senator from Illi- the Attorney General to establish an ing of the Superfund. nois (Mr. FITZGERALD), the Senator office in the Department of Justice to S. 2611 from South Dakota (Mr. JOHNSON), the monitor acts of inter-national ter- At the request of Mr. REED, the name Senator from Pennsylvania (Mr. rorism alleged to have been committed of the Senator from Delaware (Mr. SANTORUM) and the Senator from Or- by Palestinian individuals or individ- CARPER) was added as a cosponsor of S. egon (Mr. WYDEN) were added as co- uals acting on behalf of Palestinian or- 2611, a bill to reauthorize the Museum sponsors of S. 2896, a bill to enhance ganizations and to carry out certain and Library Services Act, and for other the operation of the AMBER Alert other related activities. purposes. communications network in order to S. 1434 S. 2634 facilitate the recovery of abducted children, to provide for enhanced noti- At the request of Mr. SPECTER, the At the request of Mrs. CLINTON, the name of the Senator from North Caro- name of the Senator from Delaware fication on highways of alerts and information on such children, and for lina (Mr. EDWARDS) was added as a co- (Mr. CARPER) was added as a cosponsor other purposes. sponsor of S. 1434, a bill to authorize of S. 2634, a bill to establish within the the President to award posthumously National Park Service the 225th Anni- S. RES. 294 the Congressional Gold Medal to the versary of the American Revolution At the request of Mrs. FEINSTEIN, the passengers and crew of United Airlines Commemorative Program, and for name of the Senator from Louisiana (Mr. BREAUX) was added as a cosponsor flight 93 in the aftermath of the ter- other purposes. of S. Res. 294, a resolution to amend rorist attack on the United States on S. 2654 September 11, 2001. rule XLII of the Standing Rules of the At the request of Ms. CANTWELL, the Senate to prohibit employment dis- S. 1602 name of the Senator from Mississippi crimination in the Senate based on sex- At the request of Mr. CORZINE, the (Mr. COCHRAN) was added as a cospon- ual orientation. name of the Senator from New Jersey sor of S. 2654, a bill to amend the Inter- S. RES. 306 (Mr. TORRICELLI) was added as a co- nal Revenue Code of 1986 to exclude At the request of Mr. BROWNBACK, the sponsor of S. 1602, a bill to help protect from gross income loan payments re- names of the Senator from Missouri the public against the threat of chem- ceived under the National Health Serv- (Mrs. CARNAHAN) and the Senator from ical attack. ice Corps Loan Repayment Program es- Indiana (Mr. BAYH) were added as co- S. 2049 tablished in the Public Health Service sponsors of S. Res. 306, a resolution ex- At the request of Mr. DEWINE, the Act. pressing the sense of the Senate con- name of the Senator from Oregon (Mr. S. 2671 cerning the continuous repression of SMITH) was added as a cosponsor of S. At the request of Mr. EDWARDS, the freedoms within Iran and of individual 2049, a bill to amend the Federal Food, name of the Senator from Georgia (Mr. human rights abuses, particularly with Drug and Cosmetic Act to include a 12 CLELAND) was added as a cosponsor of regard to women. month notification period before dis- S. 2671, a bill to amend the Child Care S. RES. 307 continuing a biological product, and and Development Block Grant Act of At the request of Mr. TORRICELLI, the for other purposes. 1990 to provide for child care quality names of the Senator from Virginia S. 2136 improvements for children with dis- (Mr. ALLEN), the Senator from Cali- At the request of Mr. SPECTER, the abilities or other special needs, and for fornia (Mrs. BOXER), the Senator from name of the Senator from Maine (Ms. other purposes. Illinois (Mr. DURBIN), the Senator from SNOWE) was added as a cosponsor of S. S. 2762 New Jersey (Mr. CORZINE), the Senator 2136, a bill to establish a memorial in At the request of Mr. THOMAS, the from Wisconsin (Mr. FEINGOLD), the the State of Pennsylvania to honor the name of the Senator from North Da- Senator from Nevada (Mr. ENSIGN), the passengers and crewmembers of Flight kota (Mr. DORGAN) was added as a co- Senator from Maryland (Mr. SARBANES) 93 who, on September 11, 2001, gave sponsor of S. 2762, a bill to amend the and the Senator from South Dakota their lives to prevent a planned attack Internal Revenue Code of 1986 to pro- (Mr. JOHNSON) were added as cospon- on the Capitol of the United States. vide involuntary conversion tax relief sors of S. Res. 307, a resolution re- S. 2425 for producers forced to sell livestock affirming support of the Convention on At the request of Mr. BAYH, the name due to weather-related conditions or the Prevention and Punishment of the of the Senator from New Jersey (Mr. Federal land management agency pol- Crime of Genocide and anticipating the CORZINE) was added as a cosponsor of S. icy or action, and for other purposes. commemoration of the 15th anniver- 2425, a bill to prohibit United States as- S. 2794 sary of the enactment of the Genocide Convention Implementation Act of 1987 sistance and commercial arms exports At the request of Mr. GRAMM, the to countries and entities supporting name of the Senator from Indiana (Mr. (the Proxmire Act) on November 4, 2003. international terrorism. LUGAR) was added as a cosponsor of S. S. RES. 316 S. 2512 2794, a bill to establish a Department of At the request of Mrs. LINCOLN, the At the request of Mr. HARKIN, the Homeland Security, and for other pur- names of the Senator from Washington names of the Senator from Mississippi poses. (Ms. CANTWELL) and the Senator from (Mr. LOTT) and the Senator from Indi- S. 2821 Washington (Mrs. MURRAY) were added ana (Mr. LUGAR) were added as cospon- At the request of Mr. FRIST, the as cosponsors of S. Res. 316, a bill des- sors of S. 2512, a bill to provide grants name of the Senator from Hawaii (Mr. ignating the year beginning February for training court reporters and closed INOUYE) was added as a cosponsor of S. 1, 2003, as the ‘‘Year of the Blues’’. captioners to meet requirements for 2821, a bill to establish grants to pro- S. CON. RES. 94 realtime writers under the Tele- vide health services for improved nu- At the request of Mr. WYDEN, the communications Act of 1996, and for trition, increased physical activity, names of the Senator from Tennessee other purposes. obesity prevention, and for other pur- (Mr. FRIST) and the Senator from Vir- poses. S. 2562 ginia (Mr. ALLEN) were added as co- At the request of Mr. REID, the name S. 2884 sponsors of S. Con. Res. 94, A concur- of the Senator from South Dakota (Mr. At the request of Mr. HAGEL, his rent resolution expressing the sense of JOHNSON) was added as a cosponsor of name was added as a cosponsor of S. Congress that public awareness and S. 2562, a bill to expand research re- 2884, a bill to improve transit service to education about the importance of garding inflammatory bowel disease, rural areas, including for elderly and health care coverage is of the utmost and for other purposes. disabled. priority and that a National Impor- S. 2596 S. 2896 tance of Health Care Coverage Month At the request of Mrs. MURRAY, her At the request of Mrs. HUTCHISON, the should be established to promote that name was added as a cosponsor of S. names of the Senator from Nevada (Mr. awareness and education.

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If they are failing, there duplicate and scale up the results of achieved within the context of mem- will be consequences, such as public such research for use in low-performing bership in the European Union which school choice, supplemental services elementary and secondary classrooms will provide significant rights and obli- and eventual reorganization. That to improve the teaching and student gations for all Cypriots, and for other means that math teaching and math achievement levels of mathematics and purposes. curriculum are more important than science. This investment will make S. CON. RES. 134 ever. And, by 2007, science assessments sure that we find out the best ways to At the request of Mr. BAUCUS, the will be added to the mix. teach math and science. With that name of the Senator from New Hamp- So I want to be sure that we are get- knowledge, we will have the building shire (Mr. SMITH) was added as a co- ting these funds to our neediest blocks we need to effectively argue for, sponsor of S. Con. Res. 134, A concur- schools. I worry that without more de- and demand, more funding for the rent resolution expressing the sense of scriptive language, NSF will not focus Math and Science Partnership Pro- Congress to designate the fourth Sun- on awarding grants to those that need gram. day of each September as ‘‘National it the most. I also worry that the Math This bill attempts to make the best Good Neighbor Day’’. and Science Partnership program is out of a not ideal predicament for math f not getting the funding it needs. Read- and science education. I believe it is ing, math’s counterpart on the yearly the right thing to do, and I respectfully STATEMENTS ON INTRODUCED tests, receives over $1 billion in fund- request my fellow Senators support. BILLS AND JOINT RESOLUTIONS ing. Any many other programs author- I ask unanimous consent that the By Mr. FRIST (for himself and Mr. ized in the No Child Left Behind Act text of the bill be printed in the ROBERTS): are receiving appropriations that meet, RECORD. S. 2901. A bill to promote mathe- or even exceed the authorization levels. There being no objection, the bill was matics and science education through a Not the Math and Science program. ordered to be printed in the RECORD, as mathematics and science partnership Despite the importance of math and follows: and through the establishment of a the fact that schools will be deter- S. 2902 grant program to increase student aca- mined as failing based on their math Be it enacted by the Senate and House of Rep- demic achievement in mathematics scores, the Math and Science Partner- resentatives of the United States of America in and science, and for other purposes; to ship Program is received a total of only Congress assembled, the Committee on Health, Education, $172.5 million in 2002, with only $12.5 SECTION 1. SHORT TITLE. Labor, and Pensions. million of those funds targeted to those This Act may be cited as the ‘‘Mathe- Mr. FRIST. Mr. President. I rise based on need. $160 million from NSF matics and Science Education Excellence Act’’. today to introduce ‘‘The Math and and $12.5 million from the Department SEC. 2. PURPOSE. Science Education Excellence Act.’’ I of Education. For 2003, the Senate Ap- It is the purpose of this Act to— have worked with my colleague from propriations Committee recommends (1) upgrade the status and stature of math- Kansas, Senator ROBERTS, to make that only $120 million be provided for ematics and science teaching as a profession sure we do everything possible to give the MSP program. Why? Apparently, by encouraging institutions of higher edu- math and science education the atten- some $30 million in funds is left over cation to assume greater responsibility for tion, funding and assistance it de- from last year’s appropriation because improving mathematics and science teacher serves. Today, I introduce a bill to au- NSF did not believe the applications education through the establishment of a thorize programs at the National met the rigors the grant program re- comprehensive, integrated system of recruit- ing and advising such teachers; Science Foundation that will help quires. (2) focus on the education of mathematics achieve that goal. I am very concerned that we are leav- and science teachers as a career-long process Under the authority of the No Child ing States, schools districts, schools that should continuously stimulate teachers’ Left Behind Act, NCLBA, the Depart- and students confused and bewildered intellectual growth and upgrade teachers’ ment of Education is authorized to im- due to the complicated bureaucratic knowledge and skills; plement a Mathematics and Science process that has been created. I believe (3) bring together mathematics and science Partnership Program, a program I am we should make sure that every dollar teachers in elementary schools and sec- very interested in making sure is a suc- of the math and science partnership ondary schools with scientists, mathemati- cess. That program is designed to im- program money is appropriately ad- cians, and engineers to increase teacher content knowledge and improve teaching skills prove the academic achievement of ministered to ensure results. I also be- through the use of more sophisticated lab- students in the areas of math and lieve that we should work toward ap- oratory space and equipment, computing fa- science. It will encourage States, uni- propriately funding this initiative. My cilities, libraries, and other resources that versities, school districts and schools amendment will accomplish those two colleges and universities are more able to to work together to: 1. improve the sta- goals. provide; tus of math and science teaching and 2. My bill would insert the exact Math (4) develop more rigorous mathematics and develop more rigorous math and and Science Partnership language from science curricula that are aligned with chal- science curricula. the No Child Left Behind Act, language lenging State academic content standards and intended to prepare students for postsec- The NCLBA authorized $450 million which we members of the HELP Com- ondary study in mathematics and science; for Fiscal Year 2002 for this program, mittee have already agreed to, with and but only $12.5 million was appropriated only minor changes. That language re- (5) conduct and evaluate research related for 2002. That level of funding is a huge quires targeting of the $450 million in to the science of learning and teaching in disappointment to me, and I believe it funds to those who need it the most, order to develop ways in which the results of is a mistake. However, last year, NSG and it also requires accountability. such research can be applied, duplicated, and initiated its own Program at a level of I have also added a section requiring scaled up for use in low-performing elemen- $160 million. Because the bulk of the the NSF to provide technical assist- tary schools and secondary schools to im- ance to those eligible applicants that prove the teaching and student achievement funding for the Math and Science pro- levels in mathematics and science. request it. If the quality of the applica- gram is at NSF, I believe it is appro- SEC. 3. DEFINITIONS. priate, even necessary, to authorize the tions is not high, the NSF should help In this Act: MSP Program at NSF as well. applicants develop high-quality pro- (1) DIRECTOR.—The term ‘‘Director’’ means This is not the preferred choice. I grams. Otherwise, applicants must the Director of the National Science Founda- would prefer that we fund the program guess how to improve, forcing math tion.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8204 CONGRESSIONAL RECORD — SENATE September 4, 2002

(2) ELEMENTARY SCHOOL.—The term ‘‘ele- panied by such information as the Director (A) the Committee on Science of the House mentary school’’ has the meaning given such may require. of Representatives; term in section 9101 of the Elementary and (d) EVALUATION.— (B) the Committee on Education and the Secondary Education Act of 1965 (20 U.S.C. (1) IN GENERAL.—In evaluating the applica- Workforce of the House of Representatives; 7801). tions submitted under subsection (c), the Di- (C) the Committee on Appropriations of (3) INSTITUTION OF HIGHER EDUCATION.—The rector shall consider, at a minimum— the House of Representatives; term ‘‘institution of higher education’’ has (A) the ability of the eligible recipient to (D) the Committee on Health, Education, the meaning given such term in section effectively carry out the research program Labor, and Pensions of the Senate; and 101(a) of the Higher Education Act of 1965 (20 and reduce the eligible recipient’s results to (E) the Committee on Appropriations of U.S.C. 1001(a)). effective educational practice; the Senate. (B) the experience of the eligible recipient (4) SECONDARY SCHOOL.—The term ‘‘sec- f ondary school’’ has the meaning given such in conducting research on the science of term in section 9101 of the Elementary and teaching and learning and the capacity of STATEMENTS ON SUBMITTED Secondary Education Act of 1965 (20 U.S.C. the applicant to foster new multidisciplinary RESOLUTIONS 7801). collaborations; and SEC. 4. MATHEMATICS AND SCIENCE PARTNER- (C) the capacity of the eligible recipient to SHIP. attract and provide adequate support for SENATE RESOLUTION 321—COM- (a) COMPETITIVE GRANT PROGRAM.—During graduate students to pursue research at the MEMORATING THE 30TH ANNI- fiscal years 2003 and 2004, the Director shall intersection of educational practice and carry out a mathematics and science part- basic research on human cognition and VERSARY OF THE FOUNDING OF nership program in accordance with the re- learning. THE AMERICAN INDIAN HIGHER quirements of sections 2201 and 2202 of the (2) CURRENT PRACTICES.—Not less than 1 of EDUCATION CONSORTIUM Elementary and Secondary Education Act of the grants awarded by the Director under (AIHEC) 1965 (20 U.S.C. 6661 and 6662), by awarding subsection (a) shall include a comprehensive Mr. CAMPBELL (for himself, Mr. competitive grants to eligible partnerships evaluation of the effectiveness of current (as defined under section 2201 of such Act) in mathematics and science teaching practices. DORGAN, Mr. MURKOWSKI, Mr. DOMEN- accordance with section 2202(a)(1) of such (e) ACTIVITIES.—An eligible recipient re- ICI, Mr. BINGAMAN, Mr. CONRAD, and Ms. Act without regard to the amount of funds ceiving a grant under this section shall— STABENOW) submitted the following appropriated for such program under section (1) include, in such recipient’s research, resolution; which was referred to the 2203 of such Act. the active participation of elementary Committee on Indian Affairs: school and secondary school administrators (b) FORMULA GRANT PROGRAM.—During fis- Whereas the United States of America and and mathematics and science teachers; and cal years 2005, 2006, and 2007, the Director Indian Tribes have a unique legal and polit- (2) submit the results of such recipient’s shall carry out a mathematics and science ical relationship as expressed in the U.S. research to the Director. partnership program in accordance with the Constitution, Treaties, Federal statutes and requirements of sections 2201 and 2202 of the (f) COORDINATION.—The Director shall coordinate with the Secretary of Education executive orders, court decisions, and course Elementary and Secondary Education Act of of dealing. 1965 (20 U.S.C. 6661 and 6662), by awarding and the Director of the Office of Science and Technology Policy in— Whereas the United States has committed grants to State educational agencies in ac- itself to national educational excellence in- cordance with section 2202(a)(2) of such Act (1) carrying out this section; (2) disseminating the results of the re- cluding excellence in institutions that edu- without regard to the amount of funds ap- cate American Indian and Alaska Native propriated for such program under section search conducted pursuant to grants awarded under this section to elementary school children and adults. 2203 of such Act. Whereas Tribal Colleges and Universities (c) SHARED PLAN.—Not later than 120 days teachers and secondary school teachers; and are fully accredited community-based edu- after the date of enactment of this Act, the (3) providing programming, guidance, and cational institutions devoted to the edu- Director and the Secretary of Education support to ensure that such teachers— cation, welfare and economic advancement shall prepare a plan for the joint administra- (A) understand the implications of the re- of American Indian communities. tion of this section and submit such plan to search disseminated under paragraph (1) for Whereas, the populations in the commu- Congress for review and comment. classroom practice; and nities served by Tribal Colleges and Univer- (d) TECHNICAL ASSISTANCE.—The Director (B) can use the research to improve such shall provide an eligible partnership or State teachers performance in the classroom. sities are among the poorest of the nation, educational agency, at the request of the eli- (g) AUTHORIZATION OF APPROPRIATIONS.— and the services provided by the Tribal Col- gible partnership or State educational agen- There are authorized to be appropriated to leges and Universities enable students to cy, with technical assistance in meeting any carry out this section $12,000,000 for fiscal train for and obtain jobs that offer social and requirements of the mathematics and year 2003 and such sums as may be necessary economic stability, and serve to reduce wel- science partnership program carried out by for each of the succeeding fiscal years. fare dependence in these communities. the Director, including providing advice SEC. 6. DUPLICATION OF PROGRAMS. Whereas, Tribal Colleges and Universities from experts on how to develop— (a) IN GENERAL.—The Director shall review are chronically underfunded, and in addition (1) a high-quality application for a grant or the education programs of the National to offering their communities higher edu- subgrant under the program; and Science Foundation that are in operation as cation opportunities, also function as com- (2) high-quality activities from funds re- of the date of enactment of this Act to deter- munity centers, libraries, childcare centers, ceived from a grant or subgrant under the mine whether any of such programs dupli- tribal archives, career and business centers, program. cate the programs authorized under this Act. economic development centers, and public MPLEMENTATION meeting places. SEC. 5. ESTABLISHMENT OF RESEARCH ON (b) I .—As programs author- MATHEMATICS AND SCIENCE ized under this Act are implemented, the Di- Whereas in 1970 President Nixon issued his LEARNING AND EDUCATION IM- rector shall— now-famous ‘‘Special Message to Congress on PROVEMENT. (1) terminate any existing duplicative pro- Indian Affairs’’ rejecting the failed policies (a) ESTABLISHMENT.—From funds appro- gram being carried out by the National of assimilation and termination and her- priated under subsection (g), the Director Science Foundation or merge the existing alding the new era of Indian Self Determina- shall award grants, on a competitive basis, duplicative program into a program author- tion. to eligible recipients to— ized under this Act; and Whereas in 1972 six Tribal Colleges estab- (1) conduct and evaluate research in cog- (2) not establish any new program that du- lished the American Indian Higher Edu- nitive science, education, and related fields plicates a program that has been imple- cation Consortium to empower its member associated with the science of learning and mented pursuant to this Act. institutions through collective action, con- teaching mathematics and science; and (c) REPORT.— struct a national support and communica- (2) develop ways in which the results of (1) REVIEW.—The Director of the Office of tions network, and assist Indian commu- such research can be applied, duplicated, and Science and Technology Policy shall review nities and Native people in the field of edu- scaled up for use in low-performing elemen- the education programs of the National cational achievement, while nurturing, advo- tary schools and secondary schools to im- Science Foundation to ensure compliance cating, and protecting American Indian his- prove the teaching and student achievement with the provisions of this section. tory, culture, art and language. levels in mathematics and science. (2) SUBMISSION.—Not later than 1 year after Whereas The American Indian Higher Edu- (b) ELIGIBLE RECIPIENT.—In this section, the date of enactment of this Act, and annu- cation Consortium consists of 32 Tribal Col- the term ‘‘eligible recipient’’ means an insti- ally thereafter as part of the annual Office of leges and Universities located in 12 states tution of higher education, a nonprofit orga- Science and Technology Policy’s budget sub- that enroll approximately 30,000 full-and nization, or a consortium of such entities. mission to Congress, the Director of the Of- part-time students from over 250 Federally- (c) APPLICATION.—An eligible recipient de- fice of Science and Technology Policy shall recognized Indian Tribes. siring to receive a grant under this section complete a report on the review carried out Whereas on July 3, 2002, President Bush shall submit an application to the Director under this subsection and shall submit the issued Executive Order 13270 ensuring that at such time, in such manner, and accom- report to— Tribal Colleges and Universities are more

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8205 fully recognized and integrated into the the poorest in the Nation. The training tions for the Department of the Interior and American family of institutions of higher and education provided by Tribal Col- related agencies for the fiscal year ending education. leges and Universities allows Native September 30, 2003, and for other purposes. Whereas tribal Colleges and Universities students to prepare for and obtain jobs SA 4473. Mr. BYRD (for himself and Mr. provide access to information technology BURNS) proposed an amendment to amend- that offer a decent salary with bene- critical to full participation in America’s ment SA 4472 proposed by Mr. BYRD to the economic, political and social life, bridging fits, and help reduce the trap of de- bill H.R. 5093, supra. great distances and transforming learning pendency that has befallen so many SA 4474. Mr. BYRD proposed an amend- environment. Native people. ment to amendment SA 4472 proposed by Mr. Whereas, Tribal Colleges and Universities On July 3, 2002 President Bush issued BYRD to the bill H.R. 5093, supra. and their Native communities continue to Executive Order 13270 recognizing the SA 4475. Mr. BYRD proposed an amend- play an integral role in American Indian enduring contributions of Indian Tribal ment to amendment SA 4472 proposed by Mr. education including in assisting in the im- Colleges and Universities and hailing BYRD to the bill H.R. 5093, supra. plementation of the No Child Left Behind their success on a wide range of issues. SA 4476. Mrs. HUTCHISON submitted an Act of 2002. Now, therefore, be it I urge my colleagues to join me in amendment intended to be proposed by her Resolved, that the Senate of the United to the bill H.R. 5093, supra; which was or- States recognizes the essential role Tribal supporting this resolution which recog- dered to lie on the table. Colleges and Universities play in American nizes the critical role Tribal Colleges SA 4477. Mr. CRAPO submitted an amend- Indian communities, honors the vision and and Universities play in American In- ment intended to be proposed to amendment commitment of the founders of the American dian communities, honors the vision SA 4472 proposed by Mr. BYRD to the bill Indian Higher Education Consortium, and and commitment of the founds of the H.R. 5093, supra; which was ordered to lie on celebrates 30 successful years of imple- American Indian Higher Education the table. menting that vision for the benefit of Amer- Consortium, and celebrates 30 success- SA 4478. Mr. CRAPO submitted an amend- ican Indian peoples across the United States. ful years of implementing that vision ment intended to be proposed to amendment Mr. CAMPBELL. Mr. President, I am for the benefit of American Indian peo- SA 4472 proposed by Mr. BYRD to the bill H.R. 5093, supra; which was ordered to lie on pleased to be joined today by Senators ples across the United States. DORGAN, MURKOWSKI, DOMENICI, BINGA- the table. SA 4479. Mr. SMITH, of New Hampshire MAN, CONRAD and STABENOW in submit- SENATE RESOLUTION 320—HON- (for himself, Ms. STABENOW, Mr. LEVIN, and ting a resolution to commemorate the ORING THE VALLEY SPORTS Mr. KERRY) submitted an amendment in- establishment of the American Indian AMERICAN LITTLE LEAGUE tended to be proposed to amendment SA 4472 Higher Education Consortium that BASEBALL TEAM FROM LOUIS- proposed by Mr. BYRD to the bill H.R. 5093, took place in the fall of 1972. VILLE, KENTUCKY FOR WINNING supra; which was ordered to lie on the table. SA 4480. Mr. BYRD (for himself, Mr. In the late 1960s Indian people began THE 2002 LITTLE LEAGUE BASE- BURNS, Mr. STEVENS, Mr. REID, Mr. DOMEN- to realize that their futures depended BALL WORLD SERIES more on their own keen insights, be- ICI, Mrs. MURRAY, Mr. CRAIG, Mr. WYDEN, Mr. liefs and actions than on those of the Mr. BUNNING (for himself and Mr. KYL, Mr. BAUCUS, and Mr. CAMPBELL) proposed an amendment to amendment SA 4472 Federal Government or other commu- MCCONNELL) submitted the following proposed by Mr. BYRD to the bill H.R. 5093, nities. resolution; which was considered and agreed to: supra. This phenomenon was assisted in 1970 SA 4481. Mr. DASCHLE (for himself, Mr. Whereas on August 25, 2002 the Valley when President Nixon issued his ‘‘Spe- BAUCUS, Mr. JOHNSON, Mr. HARKIN, Mrs. Sports American little League baseball team CARNAHAN, Mr. BURNS, Mr. DORGAN, Mr. NEL- cial Message to Congress on Indian Af- from Louisville, Kentucky won the Little SON, of Nebraska, Ms. STABENOW, Mr. LEVIN, fairs’’ which rejected the tried and League Baseball World Series; failed policies of assimilation and ter- Whereas this is the first time a Kentucky Mrs. CLINTON, Mrs. LINCOLN, Mr. CONRAD, Mr. mination. Nixon’s message launched team has won the Little League Baseball WELLSTONE, Mr. DAYTON, Mr. SCHUMER, Mr. REID, Mr. BYRD, Mr. EDWARDS, Mr. HATCH, the era of Indian Self Determination World Series in the 56-year history of the se- Mr. BINGAMAN, Mr. CLELAND, and Mr. ENZI) with a renewed focus on local, tribal ries; Whereas the Valley Sports team had an proposed an amendment to amendment SA decision making and economic self suf- impressive and overall undefeated record of 4472 proposed by Mr. BYRD to the bill H.R. ficiency. 24 wins and 0 losses, including 4 victories in 5093, supra. In 1972 six Indian tribal colleges the playoffs, and winning the championship SA 4482. Mr. MURKOWSKI submitted an joined forces to form the American In- game; amendment intended to be proposed by him dian Higher Education Consortium, Whereas the Valley Sports team players, to the bill H.R. 5005, to establish the Depart- AIHEC, with the goal of creating a net- Aaron Alvey, Justin Elkins, Ethan Henry, ment of Homeland Security, and for other work of tribally-controlled institutions Alex Hornback, Wes Jenkins, Casey Jordan, purposes; which was ordered to lie on the Shane Logsdon, Blaine Madden, Zach table. of higher education. Osborne, Jake Remines, Josh Robinson and SA 4483. Mr. MURKOWSKI submitted an The founders of the AIHEC envi- Wes Walden, showed tremendous dedication amendment intended to be proposed by him sioned that through collective action, and sportsmanship throughout the season to- to the bill H.R. 5005, supra; which was or- they could better assist Indian commu- ward the goal of winning the Little League dered to lie on the table. nities and Native people in the field of baseball world championship; SA 4484. Mr. MURKOWSKI submitted an education and vocational education. Whereas the Valley Sports team was man- amendment intended to be proposed by him Thirty years later, the American In- aged by Troy Osborne, and coached by Keith to the bill H.R. 5005, supra; which was or- dian Higher Education Consortium has Elkins and Dan Roach, who all demonstrated dered to lie on the table. professionalism and respect for their players SA 4485. Mr. MURKOWSKI submitted an grown to include 32 Tribal Colleges and and the game of baseball; amendment intended to be proposed to Universities located in 12 States with Whereas the Valley Sports team fans from amendment SA 4467 submitted by Mr. LIE- an enrollment of 30,000 students from Kentucky showed enthusiasm, support and BERMAN and intended to be proposed to the over 250 federally recognized Indian courtesy for the game of baseball, and all the bill H.R. 5005, supra; which was ordered to lie Tribes. players and coaches; on the table. Tribal Colleges and Universities pro- Whereas in the 56th Little League Baseball SA 4486. Mr. WELLSTONE proposed an World Series championship game the Valley amendment to amendment SA 4471 proposed vide quality higher education to Indian Sports American baseball team faced the students and have become the ‘‘hubs’’ by Mr. LIEBERMAN to the bill H.R. 5005, Sendai Higashi Japanese baseball team and supra. of a sort for accessing state-of-the-art came away victorious by a score of 1–0: Now, SA 4487. Ms. SNOWE submitted an amend- information technology. It is impor- therefore, be it ment intended to be proposed to amendment Resolved, that the Senate honors the Val- tant to realize that in addition to pro- SA 4471 proposed by Mr. LIEBERMAN to the viding educational opportunities for ley Sports American Little League baseball bill H.R. 5005, supra; which was ordered to lie their communities, these institutions team from Louisville, Kentucky for winning on the table. the 2002 Little League World Series Cham- SA 4488. Ms. SNOWE submitted an amend- function as community centers, librar- pionship. ies, childcare centers, tribal archives, ment intended to be proposed to amendment f career and business centers, economic SA 4471 proposed by Mr. LIEBERMAN to the AMENDMENTS SUBMITTED AND bill H.R. 5005, supra; which was ordered to lie development centers and public meet- on the table. ing places. PROPOSED SA 4489. Ms. SNOWE submitted an amend- The communities served by Tribal SA 4472. Mr. BYRD proposed an amendment intended to be proposed to amendment Colleges and Universities are among ment to the bill H.R. 5093, making appropria- SA 4471 proposed by Mr. LIEBERMAN to the

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8206 CONGRESSIONAL RECORD — SENATE September 4, 2002 bill H.R. 5005, supra; which was ordered to lie mated at not more than $821,062,000, and emergency requirement pursuant to section on the table. $2,000,000, to remain available until ex- 251(b)(2)(A) of the Balanced Budget and SA 4490. Mr. REID proposed an amendment pended, from communication site rental fees Emergency Deficit Control Act of 1985, as to amendment SA 4486 proposed by Mr. established by the Bureau for the cost of ad- amended: Provided further, That $110,000,000 WELLSTONE to the amendment SA 4471 pro- ministering communication site activities: shall be available only to the extent an offi- posed by Mr. LIEBERMAN to the bill H.R. 5005, Provided, That appropriations herein made cial budget request, that includes designa- supra. shall not be available for the destruction of tion of the $110,000,000 as an emergency re- SA 4491. Mr. SMITH, of New Hampshire healthy, unadopted, wild horses and burros quirement as defined in the Balanced Budget (for himself, Mrs. BOXER, Mr. MURKOWSKI, in the care of the Bureau or its contractors: and Emergency Deficit Control Act of 1985, Mr. BURNS, Mr. BUNNING, and Mr. MILLER) Provided further, That of the amount pro- as amended, is transmitted by the President proposed an amendment to amendment SA vided, $31,028,000 is for the conservation ac- to the Congress. 4471 proposed by Mr. LIEBERMAN to the bill tivities defined in section 250(c)(4)(E) of the CENTRAL HAZARDOUS MATERIALS FUND H.R. 5005, supra. Balanced Budget and Emergency Deficit For necessary expenses of the Department SA 4492. Mr. REID (for Mrs. BOXER (for Control Act of 1985, as amended, for the pur- of the Interior and any of its component of- himself, Mr. SMITH, of New Hampshire, Mr. poses of such Act. fices and bureaus for the remedial action, in- MURKOWSKI, Mr. BURNS, Mr. BUNNING, and WILDLAND FIRE MANAGEMENT cluding associated activities, of hazardous Mr. MILLER)) proposed an amendment to For necessary expenses for fire prepared- waste substances, pollutants, or contami- amendment SA 4491 proposed by Mr. SMITH ness, suppression operations, fire science and nants pursuant to the Comprehensive Envi- of New Hampshire (for himself, Mrs. BOXER, research, emergency rehabilitation, haz- ronmental Response, Compensation, and Li- ability Act, as amended (42 U.S.C. 9601 et Mr. MURKOWSKI, Mr. BURNS, Mr. BUNNING, ardous fuels reduction, and rural fire assist- seq.), $9,978,000, to remain available until ex- and Mr. MILLER) to the amendment SA 4471 ance by the Department of the Interior, pended: Provided, That notwithstanding 31 proposed by Mr. LIEBERMAN to the bill H.R. $544,254,000, to remain available until ex- U.S.C. 3302, sums recovered from or paid by 5005, supra. pended, of which not to exceed $12,374,000 a party in advance of or as reimbursement f shall be for the renovation or construction of for remedial action or response activities fire facilities: Provided, That such funds are TEXT OF AMENDMENTS conducted by the Department pursuant to also available for repayment of advances to section 107 or 113(f) of such Act, shall be SA 4472. Mr. BYRD proposed an other appropriation accounts from which credited to this account to be available until amendment to the bill H.R. 5093, mak- funds were previously transferred for such expended without further appropriation: Pro- purposes: Provided further, That persons ing appropriations for the Department vided further, That such sums recovered from hired pursuant to 43 U.S.C. 1469 may be fur- or paid by any party are not limited to mon- of the Interior and related agencies for nished subsistence and lodging without cost the fiscal year ending September 30, etary payments and may include stocks, from funds available from this appropria- bonds or other personal or real property, 2003, and for other purposes; as follows: tion: Provided further, That notwithstanding which may be retained, liquidated, or other- That the following sums are appropriated, 42 U.S.C. 1856d, sums received by a bureau or wise disposed of by the Secretary and which out of any money in the Treasury not other- office of the Department of the Interior for shall be credited to this account. wise appropriated, for the Department of the fire protection rendered pursuant to 42 CONSTRUCTION Interior and related agencies for the fiscal U.S.C. 1856 et seq., protection of United For construction of buildings, recreation year ending September 30, 2003, and for other States property, may be credited to the ap- facilities, roads, trails, and appurtenant fa- purposes, namely: propriation from which funds were expended cilities, $12,976,000, to remain available until to provide that protection, and are available TITLE I—DEPARTMENT OF THE expended. INTERIOR without fiscal year limitation: Provided further, That using the amounts designated PAYMENTS IN LIEU OF TAXES BUREAU OF LAND MANAGEMENT under this title of this Act, the Secretary of For expenses necessary to implement the MANAGEMENT OF LANDS AND RESOURCES the Interior may enter into procurement Act of October 20, 1976, as amended (31 U.S.C. For expenses necessary for protection, use, contracts, grants, or cooperative agree- 6901–6907), $220,000,000, of which not to exceed improvement, development, disposal, cadas- ments, for hazardous fuels reduction activi- $400,000 shall be available for administrative tral surveying, classification, acquisition of ties, and for training and monitoring associ- expenses and of which $100,000,000 is for the easements and other interests in lands, and ated with such hazardous fuels reduction ac- conservation activities defined in section performance of other functions, including tivities, on Federal land, or on adjacent non- 250(c)(4)(E) of the Balanced Budget and maintenance of facilities, as authorized by Federal land for activities that benefit re- Emergency Deficit Control Act of 1985, as law, in the management of lands and their sources on Federal land: Provided further, amended, for the purposes of such Act: Pro- resources under the jurisdiction of the Bu- That the costs of implementing any coopera- vided, That no payment shall be made to oth- reau of Land Management, including the tive agreement between the Federal govern- erwise eligible units of local government if general administration of the Bureau, and ment and any non-Federal entity may be the computed amount of the payment is less assessment of mineral potential of public shared, as mutually agreed on by the af- than $100. lands pursuant to Public Law 96–487 (16 fected parties: Provided further, That in en- LAND ACQUISITION U.S.C. 3150(a)), $816,062,000, to remain avail- tering into such grants or cooperative agree- For expenses necessary to carry out sec- able until expended, of which $2,000,000 is for ments, the Secretary may consider the en- tions 205, 206, and 318(d) of Public Law 94–579, high priority projects which shall be carried hancement of local and small business em- including administrative expenses and acqui- out by the Youth Conservation Corps, deployment opportunities for rural commu- sition of lands or waters, or interests there- fined in section 250(c)(4)(E) of the Balanced nities, and that in entering into procurement in, $38,734,000, to be derived from the Land Budget and Emergency Deficit Control Act contracts under this section on a best value and Water Conservation Fund, to remain of 1985, as amended, for the purposes of such basis, the Secretary may take into account available until expended, and to be for the Act; of which $4,000,000 shall be available for the ability of an entity to enhance local and conservation activities defined in section assessment of the mineral potential of public small business employment opportunities in 250(c)(4)(E) of the Balanced Budget and lands in Alaska pursuant to section 1010 of rural communities, and that the Secretary Emergency Deficit Control Act of 1985, as Public Law 96–487 (16 U.S.C. 3150); and of may award procurement contracts, grants, amended, for the purposes of such Act. which not to exceed $1,000,000 shall be de- or cooperative agreements under this section OREGON AND CALIFORNIA GRANT LANDS rived from the special receipt account estab- to entities that include local non-profit enti- For expenses necessary for management, lished by the Land and Water Conservation ties, Youth Conservation Corps or related protection, and development of resources and Act of 1965, as amended (16 U.S.C. 460l–6a(i)); partnerships, or small or disadvantaged busi- for construction, operation, and mainte- and of which $3,000,000 shall be available in nesses: Provided further, That funds appro- nance of access roads, reforestation, and fiscal year 2003 subject to a match by at priated under this head may be used to reim- other improvements on the revested Oregon least an equal amount by the National Fish burse the United States Fish and Wildlife and California Railroad grant lands, on other and Wildlife Foundation, to such Foundation Service and the National Marine Fisheries Federal lands in the Oregon and California for cost-shared projects supporting conserva- Service for the costs of carrying out their re- land-grant counties of Oregon, and on adja- tion of Bureau lands and such funds shall be sponsibilities under the Endangered Species cent rights-of-way; and acquisition of lands advanced to the Foundation as a lump sum Act of 1973 (16 U.S.C. 1531 et seq.) to consult or interests therein including existing con- grant without regard to when expenses are and conference, as required by section 7 of necting roads on or adjacent to such grant incurred; in addition, $32,696,000 for Mining such Act in connection with wildland fire lands; $105,633,000, to remain available until Law Administration program operations, in- management activities. expended: Provided, That 25 percent of the cluding the cost of administering the mining For an additional amount to cover nec- aggregate of all receipts during the current claim fee program; to remain available until essary expenses for emergency rehabilitation fiscal year from the revested Oregon and expended, to be reduced by amounts col- and wildfire suppression by the Department California Railroad grant lands is hereby lected by the Bureau and credited to this ap- of the Interior, $110,000,000, to remain avail- made a charge against the Oregon and Cali- propriation from annual mining claim fees able until expended: Provided, That the Con- fornia land-grant fund and shall be trans- so as to result in a final appropriation esti- gress designates the entire amount as an ferred to the General Fund in the Treasury

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8207 in accordance with the second paragraph of veyances of omitted lands under section for solely on her certificate: Provided further, subsection (b) of title II of the Act of August 211(b) of that Act, to remain available until That of the amount provided for environ- 28, 1937 (50 Stat. 876). expended. mental contaminants, up to $1,000,000 may FOREST ECOSYSTEMS HEALTH AND RECOVERY ADMINISTRATIVE PROVISIONS remain available until expended for contami- nant sample analyses. FUND Appropriations for the Bureau of Land (REVOLVING FUND, SPECIAL ACCOUNT) Management shall be available for purchase, CONSTRUCTION In addition to the purposes authorized in erection, and dismantlement of temporary For construction, improvement, acquisi- Public Law 102–381, funds made available in structures, and alteration and maintenance tion, or removal of buildings and other fa- the Forest Ecosystem Health and Recovery of necessary buildings and appurtenant facilities required in the conservation, man- Fund can be used for the purpose of plan- cilities to which the United States has title; agement, investigation, protection, and uti- ning, preparing, implementing and moni- up to $100,000 for payments, at the discretion lization of fishery and wildlife resources, and toring salvage timber sales and forest eco- of the Secretary, for information or evidence the acquisition of lands and interests there- system health and recovery activities such concerning violations of laws administered in; $42,182,000, to remain available until ex- as release from competing vegetation and by the Bureau; miscellaneous and emergency pended: Provided, That notwithstanding any density control treatments. The Federal expenses of enforcement activities author- other provision of law, a single procurement share of receipts (defined as the portion of ized or approved by the Secretary and to be for the construction of the Kodiak National salvage timber receipts not paid to the coun- accounted for solely on her certificate, not Wildlife Refuge visitor center may be issued ties under 43 U.S.C. 1181f and 43 U.S.C. 1181f– to exceed $10,000: Provided, That notwith- which includes the full scope of the project: 1 et seq., and Public Law 106–393) derived standing 44 U.S.C. 501, the Bureau may, Provided further, That the solicitation and from treatments funded by this account under cooperative cost-sharing and partner- the contract shall contain the clause ‘‘avail- shall be deposited into the Forest Ecosystem ship arrangements authorized by law, pro- ability of funds’’ found at 48 CFR 52.232.18. Health and Recovery Fund. cure printing services from cooperators in LAND ACQUISITION connection with jointly produced publica- RANGE IMPROVEMENTS For expenses necessary to carry out the tions for which the cooperators share the For rehabilitation, protection, and acquisi- Land and Water Conservation Fund Act of cost of printing either in cash or in services, 1965, as amended (16 U.S.C. 460l–4 through 11), tion of lands and interests therein, and im- and the Bureau determines the cooperator is provement of Federal rangelands pursuant to including administrative expenses, and for capable of meeting accepted quality stand- acquisition of land or waters, or interest section 401 of the Federal Land Policy and ards. Management Act of 1976 (43 U.S.C. 1701), not- therein, in accordance with statutory au- UNITED STATES FISH AND WILDLIFE SERVICE withstanding any other Act, sums equal to 50 thority applicable to the United States Fish percent of all moneys received during the RESOURCE MANAGEMENT and Wildlife Service, $89,055,000, to be derived prior fiscal year under sections 3 and 15 of For necessary expenses of the United from the Land and Water Conservation the Taylor Grazing Act (43 U.S.C. 315 et seq.) States Fish and Wildlife Service, for sci- Fund, to remain available until expended, and the amount designated for range im- entific and economic studies, conservation, and to be for the conservation activities de- provements from grazing fees and mineral management, investigations, protection, and fined in section 250(c)(4)(E) of the Balanced leasing receipts from Bankhead-Jones lands utilization of fishery and wildlife resources, Budget and Emergency Deficit Control Act transferred to the Department of the Inte- except whales, seals, and sea lions, mainte- of 1985, as amended, for the purposes of such rior pursuant to law, but not less than nance of the herd of long-horned cattle on Act: Provided, That none of the funds appro- $10,000,000, to remain available until ex- the Wichita Mountains Wildlife Refuge, gen- priated for specific land acquisition projects pended: Provided, That not to exceed $600,000 eral administration, and for the performance can be used to pay for any administrative shall be available for administrative ex- of other authorized functions related to such overhead, planning or other management penses. resources by direct expenditure, contracts, costs. LANDOWNER INCENTIVE PROGRAM SERVICE CHARGES, DEPOSITS, AND FORFEITURES grants, cooperative agreements and reimbursable agreements with public and private For administrative expenses and other For administrative expenses associated entities, $924,620,000, to remain available costs related to processing application docu- with a Landowner Incentive Program estab- until September 30, 2004, except as otherwise ments and other authorizations for use and lished in Public Law 107–63, $600,000, to be de- provided herein, of which $120,729,000 is for disposal of public lands and resources, for rived from the Land and Water Conservation conservation activities defined in section costs of providing copies of official public Fund, to remain available until expended, 250(c)(4)(E) of the Balanced Budget and land documents, for monitoring construc- and to be for conservation spending category Emergency Deficit Control Act of 1985, as tion, operation, and termination of facilities activities pursuant to section 251(c) of the amended, for the purposes of such Act: Pro- in conjunction with use authorizations, and Balanced Budget and Emergency Deficit vided, That not less than $2,000,000 shall be for rehabilitation of damaged property, such Control Act of 1985, as amended, for the pur- provided to local governments in southern amounts as may be collected under Public poses of discretionary spending limits. California for planning associated with the Law 94–579, as amended, and Public Law 93– STEWARDSHIP GRANTS Natural Communities Conservation Planning 153, to remain available until expended: Pro- (NCCP) program and shall remain available For administrative expenses associated vided, That notwithstanding any provision to until expended: Provided further, That with a Private Stewardship Program estab- the contrary of section 305(a) of Public Law $4,000,000 is for high priority projects which lished in Public Law 107–63, $200,000, to be de- 94–579 (43 U.S.C. 1735(a)), any moneys that shall be carried out by the Youth Conserva- rived from the Land and Water Conservation have been or will be received pursuant to tion Corps, defined in section 250(c)(4)(E) of Fund, to remain available until expended, that section, whether as a result of for- the Balanced Budget and Emergency Deficit and to be for conservation spending category feiture, compromise, or settlement, if not Control Act of 1985, as amended, for the pur- activities pursuant to section 251(c) of the appropriate for refund pursuant to section poses of such Act: Provided further, That not Balanced Budget and Emergency Deficit 305(c) of that Act (43 U.S.C. 1735(c)), shall be to exceed $10,000,000 shall be used for imple- Control Act of 1985, as amended, for the pur- available and may be expended under the au- menting subsections (a), (b), (c), and (e) of poses of discretionary spending limits. thority of this Act by the Secretary to im- section 4 of the Endangered Species Act, as COOPERATIVE ENDANGERED SPECIES prove, protect, or rehabilitate any public amended, for species that are indigenous to CONSERVATION FUND lands administered through the Bureau of the United States (except for processing peti- For expenses necessary to carry out sec- Land Management which have been damaged tions, developing and issuing proposed and tion 6 of the Endangered Species Act of 1973 by the action of a resource developer, pur- final regulations, and taking any other steps (16 U.S.C. 1531–1543), as amended, $99,400,000, chaser, permittee, or any unauthorized per- to implement actions described in subsection to be derived from the Cooperative Endan- son, without regard to whether all moneys (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which gered Species Conservation Fund, to remain collected from each such action are used on not to exceed $5,000,000 shall be used for any available until expended, and to be for the the exact lands damaged which led to the ac- activity regarding the designation of critical conservation activities defined in section tion: Provided further, That any such moneys habitat, pursuant to subsection (a)(3), ex- 250(c)(4)(E) of the Balanced Budget and that are in excess of amounts needed to re- cluding litigation support, for species al- Emergency Deficit Control Act of 1985, as pair damage to the exact land for which ready listed pursuant to subsection (a)(1) as amended, for the purposes of such Act. funds were collected may be used to repair of the date of enactment this Act: Provided other damaged public lands. NATIONAL WILDLIFE REFUGE FUND further, That of the amount available for law For expenses necessary to implement the MISCELLANEOUS TRUST FUNDS enforcement, up to $400,000 to remain avail- Act of October 17, 1978 (16 U.S.C. 715s), In addition to amounts authorized to be able until expended, may at the discretion of $14,414,000. expended under existing laws, there is hereby the Secretary, be used for payment for infor- appropriated such amounts as may be con- mation, rewards, or evidence concerning vio- NORTH AMERICAN WETLANDS CONSERVATION tributed under section 307 of the Act of Octo- lations of laws administered by the Service, FUND ber 21, 1976 (43 U.S.C. 1701), and such amounts and miscellaneous and emergency expenses For expenses necessary to carry out the as may be advanced for administrative costs, of enforcement activity, authorized or ap- provisions of the North American Wetlands surveys, appraisals, and costs of making con- proved by the Secretary and to be accounted Conservation Act, Public Law 101–233, as

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8208 CONGRESSIONAL RECORD — SENATE September 4, 2002 amended, $43,560,000, to remain available servation plan, consistent with criteria es- which $4,000,000 is for the Youth Conserva- until expended and to be for the conservation tablished by the Secretary of the Interior, tion Corps, defined in section 250(c)(4)(E) of activities defined in section 250(c)(4)(E) of that considers the broad range of the State, the Balanced Budget and Emergency Deficit the Balanced Budget and Emergency Deficit territory, or other jurisdiction’s wildlife and Control Act of 1985, as amended, for the pur- Control Act of 1985, as amended, for the pur- associated habitats, with appropriate pri- poses of such Act, for high priority projects: poses of such Act. ority placed on those species with the great- Provided, That the only funds in this account NEOTROPICAL MIGRATORY BIRD CONSERVATION est conservation need and taking into con- which may be made available to support United States Park Police are those funds For financial assistance for projects to pro- sideration the relative level of funding avail- approved for emergency law and order inci- mote the conservation of neotropical migra- able for the conservation of those species: dents pursuant to established National Park tory birds in accordance with the Provided further, That any amount appor- Service procedures, those funds needed to Neotropical Migratory Bird Conservation tioned in 2003 to any State, territory, or maintain and repair United States Park Po- Act, Public Law 106–247 (16 U.S.C. 6101–6109), other jurisdiction that remains unobligated lice administrative facilities, and those $3,000,000, to remain available until ex- as of September 30, 2004, shall be reappor- funds necessary to reimburse the United pended. tioned, together with funds appropriated in 2005, in the manner provided herein. States Park Police account for the MULTINATIONAL SPECIES CONSERVATION FUND unbudgeted overtime and travel costs associ- ADMINISTRATIVE PROVISIONS For expenses necessary to carry out the ated with special events for an amount not African Elephant Conservation Act (16 U.S.C. Appropriations and funds available to the to exceed $10,000 per event subject to the re- 4201–4203, 4211–4213, 4221–4225, 4241–4245, and United States Fish and Wildlife Service shall view and concurrence of the Washington 1538), the Asian Elephant Conservation Act be available for purchase of not to exceed 102 headquarters office. passenger motor vehicles, of which 75 are for of 1997 (Public Law 105–96; 16 U.S.C. 4261– UNITED STATES PARK POLICE replacement only (including 39 for police- 4266), the Rhinoceros and Tiger Conservation For expenses necessary to carry out the type use); repair of damage to public roads Act of 1994 (16 U.S.C. 5301–5306), and the programs of the United States Park Police, within and adjacent to reservation areas Great Ape Conservation Act of 2000 (16 U.S.C. $78,431,000. 6301), $5,500,000, to remain available until ex- caused by operations of the Service; options NATIONAL RECREATION AND PRESERVATION pended. for the purchase of land at not to exceed $1 for each option; facilities incident to such For expenses necessary to carry out recre- STATE AND TRIBAL WILDLIFE GRANTS public recreational uses on conservation ation programs, natural programs, cultural For wildlife conservation grants to States areas as are consistent with their primary programs, heritage partnership programs, and to the District of Columbia, Puerto Rico, purpose; and the maintenance and improve- environmental compliance and review, inter- Guam, the United States Virgin Islands, the ment of aquaria, buildings, and other facili- national park affairs, statutory or contrac- Northern Mariana Islands, American Samoa, ties under the jurisdiction of the Service and tual aid for other activities, and grant ad- and federally recognized Indian tribes under to which the United States has title, and ministration, not otherwise provided for, the provisions of the Fish and Wildlife Act of which are used pursuant to law in connec- $62,828,000. 1956 and the Fish and Wildlife Coordination tion with management and investigation of URBAN PARK AND RECREATION FUND Act, for the development and implementa- fish and wildlife resources: Provided, That For expenses necessary to carry out the tion of programs for the benefit of wildlife notwithstanding 44 U.S.C. 501, the Service provisions of the Urban Park and Recreation and their habitat, including species that are may, under cooperative cost sharing and Recovery Act of 1978 (16 U.S.C. 2501 et seq.), not hunted or fished, $60,000,000, to be derived partnership arrangements authorized by law, $10,000,000, to remain available until ex- from the Land and Water Conservation procure printing services from cooperators pended and to be for the conservation activi- Fund, to remain available until expended, in connection with jointly produced publica- ties defined in section 250(c)(4)(E) of the Bal- and to be for the conservation activities de- tions for which the cooperators share at anced Budget and Emergency Deficit Control fined in section 250(c)(4)(E) of the Balanced least one-half the cost of printing either in Act of 1985, as amended, for the purposes of Budget and Emergency Deficit Control Act cash or services and the Service determines such Act. of 1985, as amended, for the purposes of such the cooperator is capable of meeting accept- HISTORIC PRESERVATION FUND Act: Provided, That of the amount provided ed quality standards: Provided further, That For expenses necessary in carrying out the herein, $5,000,000 is for a competitive grant the Service may accept donated aircraft as Historic Preservation Act of 1966, as amend- program for Indian tribes not subject to the replacements for existing aircraft: Provided ed (16 U.S.C. 470), and the Omnibus Parks and remaining provisions of this appropriation: further, That the United States Fish and Public Lands Management Act of 1996 (Pub- Provided further, That the Secretary shall, Wildlife Service is authorized to grant lic Law 104–333), $67,000,000, to be derived after deducting said $5,000,000 and adminis- $500,000 appropriated in Public Law 107–63 for from the Historic Preservation Fund, to re- trative expenses, apportion the amount pro- land acquisition to the Narragansett Indian main available until September 30, 2004, and vided herein in the following manner: (A) to Tribe for acquisition of the Great Salt Pond to be for the conservation activities defined the District of Columbia and to the Com- burial tract: Provided further, That notwith- in section 250(c)(4)(E) of the Balanced Budget monwealth of Puerto Rico, each a sum equal standing any other provision of law, the Sec- and Emergency Deficit Control Control Act to not more than one-half of 1 percent there- retary of the Interior may not spend any of of 1985, as amended, for the purposes of such of: and (B) to Guam, American Samoa, the the funds appropriated in this Act for the Act: Provided, That of the total amount pro- United States Virgin Islands, and the Com- purchase of lands or interests in lands to be vided, $30,000,000 shall be for Save America’s monwealth of the Northern Mariana Islands, used in the establishment of any new unit of Treasures for priority preservation projects each a sum equal to not more than one- the National Wildlife Refuge System unless of nationally significant sites, structures, fourth of 1 percent thereof: Provided further, the purchase is approved in advance by the and artifacts: Provided further, That any indi- That the Secretary shall apportion the re- House and Senate Committees on Appropria- vidual Save America’s Treasures grant shall maining amount in the following manner: tions in compliance with the reprogramming be matched by non-Federal funds: Provided (A) one-third of which is based on the ratio procedures contained in House Report 107–63. to which the land area of such State bears to further, That individual projects shall only NATIONAL PARK SERVICE the total land area of all such States; and (B) be eligible for one grant, and all projects to two-thirds of which is based on the ratio to OPERATION OF THE NATIONAL PARK SYSTEM be funded shall be approved by the House and which the population of such State bears to For expenses necessary for the manage- Senate Committees on Appropriations prior the total population of all such States: Pro- ment, operation, and maintenance of areas to the commitment of grant funds: Provided vided further, That the amounts apportioned and facilities administered by the National further, That Save America’s Treasures funds under this paragraph shall be adjusted equi- Park Service (including special road mainte- allocated for Federal projects shall be avail- tably so that no State shall be apportioned a nance service to trucking permittees on a re- able by transfer to appropriate accounts of sum which is less than 1 percent of the imbursable basis), and for the general admin- individual agencies, after approval of such amount available for apportionment under istration of the National Park Service, projects by the Secretary of the Interior, in this paragraph for any fiscal year or more $1,585,065,000, of which $6,878,000 for planning consultation with the President’s Committee than 5 percent of such amount: Provided fur- and interagency coordination in support of on the Arts and Humanities: Provided further, ther, That the Federal share of planning Everglades restoration shall remain avail- That none of the funds provided for Save grants shall not exceed 75 percent of the able until expended; of which $90,280,000, to America’s Treasures may be used for admin- total costs of such projects and the Federal remain available until September 30, 2004, is istrative expenses, and staffing for the pro- share of implementation grants shall not ex- for maintenance repair or rehabilitation gram shall be available from the existing ceed 50 percent of the total costs of such projects for constructed assets, operation of staffing levels in the National Park Service. projects: Provided further, That the non-Fed- the National Park Service automated facil- CONSTRUCTION eral share of such projects may not be de- ity management software system, and com- For construction, improvements, repair or rived from Federal grant programs: Provided prehensive facility condition assessments; of replacement of physical facilities, including further, That no State, territory, or other ju- which not less than $9,000,000 is for reim- the modifications authorized by section 104 risdiction shall receive a grant unless it has bursement of the United States Geological of the Everglades National Park Protection developed, or committed to develop by Octo- Survey for conduct of National Park Service and Expansion Act of 1989, $361,915,000, to re- ber 1, 2005, a comprehensive wildlife con- natural resource challenge activities; and of main available until expended, of which

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$1,250,000 for the Eaker Site National His- full and comprehensive report on the devel- ADMINISTRATIVE PROVISION toric Landmark, $2,500,000 for the Virginia opment of the southern end of Ellis Island, The amount appropriated for the United City Historic District, and $1,250,000 for the including the facts and circumstances relied States Geological Survey shall be available Fort Osage National Historic Landmark upon in support of the proposed project. for the purchase of not to exceed 53 pas- shall be derived from the Historic Preserva- The National Park Service may distribute senger motor vehicles, of which 48 are for re- tion Fund pursuant to 16 U.S.C. 470a, and of to operating units based on the safety record placement only; reimbursement to the Gen- which $132,058,000 is for conservation activi- of each unit the costs of programs designed eral Services Administration for security ties defined in section 250(c)(4)(E) of the Bal- to improve workplace and employee safety, guard services; contracting for the fur- anced Budget and Emergency Deficit Control and to encourage employees receiving work- nishing of topographic maps and for the Act of 1985, as amended, for the purposes of ers’ compensation benefits pursuant to chap- making of geophysical or other specialized such Act. ter 81 of title 5, United States Code, to re- surveys when it is administratively deter- turn to appropriate positions for which they LAND AND WATER CONSERVATION FUND mined that such procedures are in the public are medically able. (RESCISSION) interest; construction and maintenance of Notwithstanding any other provision of necessary buildings and appurtenant facili- The contract authority provided for fiscal law, in fiscal year 2003 and thereafter, sums ties; acquisition of lands for gauging stations year 2003 by 16 U.S.C. 460l–10a are rescinded. provided to the National Park Service by and observation wells; expenses of the United LAND ACQUISITION AND STATE ASSISTANCE private entities for utility services shall be States National Committee on Geology; and For expenses necessary to carry out the credited to the appropriate account and repayment of compensation and expenses of Land and Water Conservation Act of 1965, as main available until expended: Provided, persons on the rolls of the Survey duly ap- amended (16 U.S.C. 460l–4 through 11), includ- That heretofore and hereafter, in carrying pointed to represent the United States in the ing administrative expenses, and for acquisi- out the work under reimbursable agreements negotiation and administration of interstate tion of lands or waters, or interest therein, with any State, local or tribal government, compacts: Provided, That activities funded in accordance with the statutory authority the National Park Service may, without re- by appropriations herein made may be ac- applicable to the National Park Service, gard to 31 U.S.C. 1341 or any other provision complished through the use of contracts, $238,205,000, to be derived from the Land and of law or regulation, record obligations grants, or cooperative agreements as defined Water Conservation Fund, to remain avail- against accounts receivable from such enti- in 31 U.S.C. 6302 et seq. ties, and shall credit amounts received from able until expended, and to be for the con- MINERALS MANAGEMENT SERVICE such entities to the appropriate account, servation activities defined in section ROYALTY AND OFFSHORE MINERALS 250(c)(4)(E) of the Balanced Budget and such credit to occur within 90 days of the date of the original request by the National MANAGEMENT Emergency Deficit Control of 1985, as amend- For expenses necessary for minerals leased, for the purposes of such Act, of which Park Service for payment. UNITED STATES GEOLOGICAL SURVEY ing and environmental studies, regulation of $144,000,000 is for the State assistance pro- industry operations, and collection of royal- SURVEYS, INVESTIGATIONS, AND RESEARCH gram including $4,000,000 to administer the ties, as authorized by law; for enforcing laws State assistance program: Provided, That of For expenses necessary for the United and regulations applicable to oil, gas, and the amounts provided under this heading, States Geological Survey to perform sur- other minerals leases, permits, licenses and $20,000,000 may be for Federal grants, includ- veys, investigations, and research covering operating contracts; and for matching grants ing Federal administrative expenses, to the topography, geology, hydrology, biology, and or cooperative agreements; including the State of Florida for the acquisition of lands the mineral and water resources of the purchase of not to exceed eight passenger or waters, or interests therein, within the United States, its territories and posses- motor vehicles for replacement only, Everglades watershed (consisting of lands sions, and other areas as authorized by 43 $166,322,000, of which $83,284,000, shall be U.S.C. 31, 1332, and 1340; classify lands as to and waters within the boundaries of the available for royalty management activities; their mineral and water resources; give engi- South Florida Water Management District, and an amount not to exceed $100,230,000, to neering supervision to power permittees and Florida Bay and the Florida Keys, including be credited to this appropriation and to re- Federal Energy Regulatory Commission li- the areas known as the Frog Pond, the main available until expended, from addi- censees; administer the minerals exploration Rocky Glades and the Eight and One-Half tions to receipts resulting from increases to program (30 U.S.C. 641); and publish and dis- Square Mile Area) under terms and condi- rates in effect on August 5, 1993, from rate seminate data relative to the foregoing actions deemed necessary by the Secretary to increases to fee collections for Outer Conti- tivities; and to conduct inquiries into the improve and restore the hydrological func- nental Shelf administrative activities per- economic conditions affecting mining and tion of the Everglades watershed: Provided formed by the Minerals Management Service materials processing industries (30 U.S.C. 3, further, That funds provided under this head- over and above the rates in effect on Sep- ing for assistance to the State of Florida to 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law and to publish tember 30, 1993, and from additional fees for acquire lands within the Everglades water- Outer Continental Shelf administrative ac- shed are contingent upon new matching non- and disseminate data; $926,667,000, of which $64,974,000 shall be available only for co- tivities established after September 30, 1993: Federal funds by the State, or are matched Provided, That to the extent $100,230,000 in by the State pursuant to the cost-sharing operation with States or municipalities for water resources investigations; and of which additions to receipts are not realized from provisions of section 316(b) of Public Law the sources of receipts stated above, the 104–303, and shall be subject to an agreement $16,400,000 shall remain available until expended for conducting inquiries into the eco- amount needed to reach $100,230,000 shall be that the lands to be acquired will be man- credited to this appropriation from receipts aged in perpetuity for the restoration of the nomic conditions affecting mining and materials processing industries; and of which resulting from rental rates for Outer Conti- Everglades: Provided further, That none of nental Shelf leases in effect before August 5, the funds provided for the State Assistance $8,000,000 shall remain available until expended for satellite operations; and of which 1993: Provided further, That $3,000,000 for com- program may be used to establish a contin- puter acquisitions shall remain available gency fund. $22,623,000 shall be available until September 30, 2004, for the operation and maintenance until September 30, 2004: Provided further, ADMINISTRATIVE PROVISIONS of facilities and deferred maintenance; and of That funds appropriated under this Act shall Appropriations for the National Park Serv- which $172,227,000 shall be available until be available for the payment of interest in ice shall be available for the purchase of not September 30, 2004, for the biological re- accordance with 30 U.S.C. 1721(b) and (d): to exceed 315 passenger motor vehicles, of search activity and the operation of the Co- Provided further, That not to exceed $3,000 which 273 shall be for replacement only, in- operative Research Units; and of which shall be available for reasonable expenses re- cluding not to exceed 226 for police-type use, $4,000,000 shall remain available until ex- lated to promoting volunteer beach and ma- 10 buses, and 8 ambulances: Provided, That pended for interagency research, planning, rine cleanup activities: Provided further, none of the funds appropriated to the Na- monitoring, and assessment, for everglades That notwithstanding any other provision of tional Park Service may be used to process restoration: Provided, That none of these law, $15,000 under this heading shall be avail- any grant or contract documents which do funds provided for the biological research ac- able for refunds of overpayments in connec- not include the text of 18 U.S.C. 1913: Pro- tivity shall be used to conduct new surveys tion with certain Indian leases in which the vided further, That none of the funds appro- on private property, unless specifically au- Director of the Minerals Management Serv- priated to the National Park Service may be thorized in writing by the property owner: ice (MMS) concurred with the claimed refund used to implement an agreement for the re- Provided further, That of the amount pro- due, to pay amounts owed to Indian allottees development of the southern end of Ellis Is- vided herein, $35,000,000 is for the conserva- or tribes, or to correct prior unrecoverable land until such agreement has been sub- tion activities defined in section 250(c)(4)(E) erroneous payments: Provided further, That mitted to the Congress and shall not be im- of the Balanced Budget and Emergency Def- MMS may under the royalty-in-kind pilot plemented prior to the expiration of 30 cal- icit Control Act of 1985, as amended, for the program, or under its authority to transfer endar days (not including any day in which purposes of such Act: Provided further, That oil to the Strategic Petroleum Reserve, use a either House of Congress is not in session be- no part of this appropriation shall be used to portion of the revenues from royalty-in-kind cause of adjournment of more than 3 cal- pay more than one-half the cost of topo- sales, without regard to fiscal year limita- endar days to a day certain) from the receipt graphic mapping or water resources data col- tion, to pay for transportation to wholesale by the Speaker of the House of Representa- lection and investigations carried on in co- market centers or upstream pooling points, tives and the President of the Senate of a operation with States and municipalities. to process or otherwise dispose of royalty

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8210 CONGRESSIONAL RECORD — SENATE September 4, 2002 production taken in kind, and to recover Federal Government for the purpose of envi- of such tribe within the tribe’s trust fund ac- MMS transportation costs, salaries, and ronmental restoration related to treatment count: Provided further, That any such unob- other administrative costs directly related or abatement of acid mine drainage from ligated balances not so transferred shall ex- to filling the Strategic Petroleum Reserve: abandoned mines: Provided further, That such pire on September 30, 2005. Provided further, That MMS shall analyze and projects must be consistent with the pur- CONSTRUCTION poses and priorities of the Surface Mining document the expected return in advance of For construction, repair, improvement, Control and Reclamation Act: Provided fur- any royalty-in-kind sales to assure to the and maintenance of irrigation and power sys- ther, That the State of Maryland may set maximum extent practicable that royalty tems, buildings, utilities, and other facili- aside the greater of $1,000,000 or 10 percent of income under the pilot program is equal to ties, including architectural and engineering the total of the grants made available to the or greater than royalty income recognized services by contract; acquisition of lands, State under title IV of the Surface Mining under a comparable royalty-in-value pro- and interests in lands; and preparation of Control and Reclamation Act of 1977, as gram. lands for farming, and for construction of amended (30 U.S.C. 1231 et seq.), if the OIL SPILL RESEARCH the Navajo Indian Irrigation Project pursu- amount set aside is deposited in an acid mine For necessary expenses to carry out title I, drainage abatement and treatment fund es- ant to Public Law 87–483, $348,252,000, to re- section 1016, title IV, sections 4202 and 4303, tablished under a State law, pursuant to main available until expended: Provided, title VII, and title VIII, section 8201 of the which law the amount (together with all in- That such amounts as may be available for Oil Pollution Act of 1990, $6,105,000, which terest earned on the amount) is expended by the construction of the Navajo Indian Irriga- shall be derived from the Oil Spill Liability the State to undertake acid mine drainage tion Project may be transferred to the Bu- Trust Fund, to remain available until ex- abatement and treatment projects, except reau of Reclamation: Provided further, That pended. that before any amounts greater than 10 per- not to exceed 6 percent of contract authority OFFICE OF SURFACE MINING RECLAMATION AND cent of its title IV grants are deposited in an available to the Bureau of Indian Affairs ENFORCEMENT acid mine drainage abatement and treat- from the Federal Highway Trust Fund may REGULATION AND TECHNOLOGY ment fund, the State of Maryland must first be used to cover the road program management costs of the Bureau: Provided further, For necessary expenses to carry out the complete all Surface Mining Control and That any funds provided for the Safety of provisions of the Surface Mining Control and Reclamation Act priority one projects. Dams program pursuant to 25 U.S.C. 13 shall Reclamation Act of 1977, Public Law 95–87, as BUREAU OF INDIAN AFFAIRS be made available on a nonreimbursable amended, including the purchase of not to OPERATION OF INDIAN PROGRAMS basis: Provided further, That for fiscal year exceed 10 passenger motor vehicles, for re- For expenses necessary for the operation of 2003, in implementing new construction or placement only; $105,092,000: Provided, That Indian programs, as authorized by law, in- facilities improvement and repair project the Secretary of the Interior, pursuant to cluding the Snyder Act of November 2, 1921 grants in excess of $100,000 that are provided regulations, may use directly or through (25 U.S.C. 13), the Indian Self-Determination to tribally controlled grant schools under grants to States, moneys collected in fiscal and Education Assistance Act of 1975 (25 Public Law 100–297, as amended, the Sec- year 2003 for civil penalties assessed under U.S.C. 450 et seq.), as amended, the Edu- retary of the Interior shall use the Adminis- section 518 of the Surface Mining Control cation Amendments of 1978 (25 U.S.C. 2001– trative and Audit Requirements and Cost and Reclamation Act of 1977 (30 U.S.C. 1268), 2019), and the Tribally Controlled Schools Principles for Assistance Programs con- to reclaim lands adversely affected by coal Act of 1988 (25 U.S.C. 2501 et seq.), as amend- tained in 43 CFR part 12 as the regulatory re- mining practices after August 3, 1977, to reed, $1,859,135,000, to remain available until quirements: Provided further, That such main available until expended: Provided fur- September 30, 2004 except as otherwise pro- grants shall not be subject to section 12.61 of ther, That appropriations for the Office of vided herein, of which not to exceed 43 CFR; the Secretary and the grantee shall Surface Mining Reclamation and Enforce- $85,857,000 shall be for welfare assistance pay- negotiate and determine a schedule of payment may provide for the travel and per ments and notwithstanding any other provi- ments for the work to be performed: Provided diem expenses of State and tribal personnel sion of law, including but not limited to the further, That in considering applications, the attending Office of Surface Mining Reclama- Indian Self-Determination Act of 1975, as Secretary shall consider whether the Indian tion and Enforcement sponsored training. amended, not to exceed $133,209,000 shall be tribe or tribal organization would be defi- ABANDONED MINE RECLAMATION FUND available for payments to tribes and tribal cient in assuring that the construction For necessary expenses to carry out title organizations for contract support costs as- projects conform to applicable building IV of the Surface Mining Control and Rec- sociated with ongoing contracts, grants, standards and codes and Federal, tribal, or lamation Act of 1977, Public Law 95–87, as compacts, or annual funding agreements en- State health and safety standards as re- amended, including the purchase of not more tered into with the Bureau prior to or during quired by 25 U.S.C. 2005(a), with respect to than 10 passenger motor vehicles for replace- fiscal year 2003, as authorized by such Act, organizational and financial management ment only, $191,745,000, to be derived from re- except that tribes and tribal organizations capabilities: Provided further, That if the ceipts of the Abandoned Mine Reclamation may use their tribal priority allocations for Secretary declines an application, the Sec- Fund and to remain available until ex- unmet indirect costs of ongoing contracts, retary shall follow the requirements con- pended; of which up to $10,000,000, to be de- grants, or compacts, or annual funding tained in 25 U.S.C. 2505(f): Provided further, rived from the Federal Expenses Share of the agreements and for unmet welfare assistance That any disputes between the Secretary and Fund, shall be for supplemental grants to costs; and up to $2,000,000 shall be for the In- any grantee concerning a grant shall be sub- States for the reclamation of abandoned dian Self-Determination Fund which shall be ject to the disputes provision in 25 U.S.C. sites with acid mine rock drainage from coal available for the transitional cost of initial 2508(e). mines, and for associated activities, through or expanded tribal contracts, grants, com- INDIAN LAND AND WATER CLAIM SETTLEMENTS the Appalachian Clean Streams Initiative: pacts or cooperative agreements with the AND MISCELLANEOUS PAYMENTS TO INDIANS Provided, That grants to minimum program Bureau under such Act; and of which not to States will be $1,500,000 per State in fiscal exceed $442,985,000 for school operations costs For miscellaneous payments to Indian year 2003: Provided further, That of the funds of Bureau-funded schools and other edu- tribes and individuals and for necessary ad- herein provided up to $18,000,000 may be used cation programs shall become available on ministrative expenses, $57,949,000, to remain for the emergency program authorized by July 1, 2003, and shall remain available until available until expended; of which $24,870,000 section 410 of Public Law 95–87, as amended, September 30, 2004; and of which not to ex- shall be available for implementation of en- of which no more than 25 percent shall be ceed $57,686,000 shall remain available until acted Indian land and water claim settle- used for emergency reclamation projects in expended for housing improvement, road ments pursuant to Public Laws 101–618 and any one State and funds for federally admin- maintenance, attorney fees, litigation sup- 102–575, and for implementation of other en- istered emergency reclamation projects port, the Indian Self-Determination Fund, acted water rights settlements; of which under this proviso shall not exceed land records improvement, and the Navajo- $5,068,000 shall be available for future water $11,000,000: Provided further, That prior year Hopi Settlement Program: Provided, That supplies facilities under Public Law 106–163; unobligated funds appropriated for the emer- notwithstanding any other provision of law, and of which $28,011,000 shall be available gency reclamation program shall not be sub- including but not limited to the Indian Self- pursuant to Public Laws 99–264, 100–580, 106– ject to the 25 percent limitation per State Determination Act of 1975, as amended, and 263, 106–425 and 106–554. and may be used without fiscal year limita- 25 U.S.C. 2008, not to exceed $43,065,000 within INDIAN GUARANTEED LOAN PROGRAM ACCOUNT tion for emergency projects: Provided further, and only from such amounts made available For the cost of guaranteed and insured That pursuant to Public Law 97–365, the De- for school operations shall be available to loans, $5,000,000, as authorized by the Indian partment of the Interior is authorized to use tribes and tribal organizations for adminis- Financing Act of 1974, as amended: Provided, up to 20 percent from the recovery of the de- trative cost grants associated with the oper- That such costs, including the cost of modi- linquent debt owed to the United States Gov- ation of Bureau-funded schools: Provided fur- fying such loans, shall be as defined in sec- ernment to pay for contracts to collect these ther, That any forestry funds allocated to a tion 502 of the Congressional Budget Act of debts: Provided further, That funds made tribe which remain unobligated as of Sep- 1974: Provided further, That these funds are available under title IV of Public Law 95–87 tember 30, 2004, may be transferred during available to subsidize total loan principal, may be used for any required non-Federal fiscal year 2005 to an Indian forest land as- any part of which is to be guaranteed, not to share of the cost of projects funded by the sistance account established for the benefit exceed $72,464,000.

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In addition, for administrative expenses to DEPARTMENTAL OFFICES OFFICE OF THE SOLICITOR carry out the guaranteed and insured loan INSULAR AFFAIRS SALARIES AND EXPENSES programs, $493,000. ASSISTANCE TO TERRITORIES For necessary expenses of the Office of the ADMINISTRATIVE PROVISIONS Solicitor, $47,773,000. For expenses necessary for assistance to The Bureau of Indian Affairs may carry territories under the jurisdiction of the De- OFFICE OF INSPECTOR GENERAL out the operation of Indian programs by di- partment of the Interior, $75,217,000, of SALARIES AND EXPENSES rect expenditure, contracts, cooperative which: (1) $70,102,000 shall be available until agreements, compacts and grants, either di- For necessary expenses of the Office of In- expended for technical assistance, including spector General, $36,659,000, of which rectly or in cooperation with States and maintenance assistance, disaster assistance, other organizations. $3,812,000 shall be for procurement by con- insular management controls, coral reef ini- tract of independent auditing services to Appropriations for the Bureau of Indian tiative activities, and brown tree snake con- audit the consolidated Department of the In- Affairs (except the revolving fund for loans, trol and research; grants to the judiciary in terior annual financial statement and the the Indian loan guarantee and insurance American Samoa for compensation and ex- annual financial statement of the Depart- fund, and the Indian Guaranteed Loan Pro- penses, as authorized by law (48 U.S.C. ment of the Interior bureaus and offices gram account) shall be available for expenses 1661(c)); grants to the Government of Amer- funded in this Act. of exhibits, and purchase of not to exceed 229 ican Samoa, in addition to current local rev- passenger motor vehicles, of which not to ex- enues, for construction and support of gov- OFFICE OF SPECIAL TRUSTEE FOR AMERICAN ceed 187 shall be for replacement only. ernmental functions; grants to the Govern- INDIANS Notwithstanding any other provision of ment of the Virgin Islands as authorized by FEDERAL TRUST PROGRAMS law, no funds available to the Bureau of In- law; grants to the Government of Guam, as For operation of trust programs for Indi- dian Affairs for central office operations, authorized by law; and grants to the Govern- ans by direct expenditure, contracts, cooper- pooled overhead general administration (ex- ment of the Northern Mariana Islands as au- ative agreements, compacts, and grants, cept facilities operations and maintenance), thorized by law (Public Law 94–241; 90 Stat. $151,027,000, to remain available until ex- or provided to implement the recommenda- 272); and (2) $5,295,000 shall be available for pended: Provided, That funds for trust man- tions of the National Academy of Public Ad- salaries and expenses of the Office of Insular agement improvements may be transferred, ministration’s August 1999 report shall be Affairs: Provided, That all financial trans- as needed, to the Bureau of Indian Affairs available for tribal contracts, grants, com- actions of the territorial and local govern- ‘‘Operation of Indian Programs’’ account and pacts, or cooperative agreements with the ments herein provided for, including such to the Departmental Management ‘‘Salaries Bureau of Indian Affairs under the provisions transactions of all agencies or instrumental- and Expenses’’ account: Provided further, of the Indian Self-Determination Act or the ities established or used by such govern- That funds made available to Tribes and Tribal Self-Governance Act of 1994 (Public ments, may be audited by the General Ac- Tribal organizations through contracts or Law 103–413). counting Office, at its discretion, in accord- grants obligated during fiscal year 2003, as ance with chapter 35 of title 31, United In the event any tribe returns appropria- authorized by the Indian Self-Determination States Code: Provided further, That Northern tions made available by this Act to the Bu- Act of 1975 (25 U.S.C. 450 et seq.), shall re- Mariana Islands Covenant grant funding reau of Indian Affairs for distribution to main available until expended by the con- shall be provided according to those terms of other tribes, this action shall not diminish tractor or grantee: Provided further, That the Agreement of the Special Representa- the Federal Government’s trust responsi- notwithstanding any other provision of law, tives on Future United States Financial As- bility to that tribe, or the government-to- the statute of limitations shall not com- sistance for the Northern Mariana Islands government relationship between the United mence to run on any claim, including any approved by Public Law 104–134: Provided fur- States and that tribe, or that tribe’s ability claim in litigation pending on the date of the ther, That of the amounts provided for tech- to access future appropriations. enactment of this Act, concerning losses to nical assistance, sufficient funding shall be Notwithstanding any other provision of or mismanagement of trust funds, until the made available for a grant to the Close Up affected tribe or individual Indian has been law, no funds available to the Bureau, other Foundation: Provided further, That the funds than the amounts provided herein for assist- furnished with an accounting of such funds for the program of operations and mainte- from which the beneficiary can determine ance to public schools under 25 U.S.C. 452 et nance improvement are appropriated to in- seq., shall be available to support the oper- whether there has been a loss: Provided fur- stitutionalize routine operations and main- ther, That notwithstanding any other provi- ation of any elementary or secondary school tenance improvement of capital infrastruc- in the State of Alaska. sion of law, the Secretary shall not be re- ture with territorial participation and cost quired to provide a quarterly statement of Appropriations made available in this or sharing to be determined by the Secretary performance for any Indian trust account any other Act for schools funded by the Bu- based on the grantee’s commitment to time- that has not had activity for at least 18 reau shall be available only to the schools in ly maintenance of its capital assets: Provided months and has a balance of $1.00 or less: the Bureau school system as of September 1, further, That any appropriation for disaster Provided further, That the Secretary shall 1996. No funds available to the Bureau shall assistance under this heading in this Act or issue an annual account statement and be used to support expanded grades for any previous appropriations Acts may be used as maintain a record of any such accounts and school or dormitory beyond the grade struc- non-Federal matching funds for the purpose shall permit the balance in each such ac- ture in place or approved by the Secretary of of hazard mitigation grants provided pursu- count to be withdrawn upon the express writ- the Interior at each school in the Bureau ant to section 404 of the Robert T. Stafford ten request of the account holder: Provided school system as of October 1, 1995. Funds Disaster Relief and Emergency Assistance further, That not to exceed $50,000 is avail- made available under this Act may not be Act (42 U.S.C. 5170c). able for the Secretary to make payments to used to establish a charter school at a Bu- COMPACT OF FREE ASSOCIATION correct administrative errors of either dis- reau-funded school (as that term is defined bursements from or deposits to Individual For economic assistance and necessary ex- in section 1146 of the Education Amendments Indian Money or Tribal accounts after Sep- penses for the Federated States of Micro- of 1978 (25 U.S.C. 2026)), except that a charter tember 30, 2002: Provided further, That erro- nesia and the Republic of the Marshall Is- school that is in existence on the date of the neous payments that are recovered shall be lands as provided for in sections 122, 221, 223, enactment of this Act and that has operated credited to this account. at a Bureau-funded school before September 232, and 233 of the Compact of Free Associa- 1, 1999, may continue to operate during that tion, and for economic assistance and nec- INDIAN LAND CONSOLIDATION period, but only if the charter school pays to essary expenses for the Republic of Palau as For consolidation of fractional interests in the Bureau a pro rata share of funds to reim- provided for in sections 122, 221, 223, 232, and Indian lands and expenses associated with re- burse the Bureau for the use of the real and 233 of the Compact of Free Association, determining and redistributing escheated in- personal property (including buses and vans), $20,925,000, to remain available until ex- terests in allotted lands, and for necessary the funds of the charter school are kept sepa- pended, as authorized by Public Law 99–239 expenses to carry out the Indian Land Con- rate and apart from Bureau funds, and the and Public Law 99–658. solidation Act of 1983, as amended, by direct Bureau does not assume any obligation for DEPARTMENTAL MANAGEMENT expenditure or cooperative agreement, charter school programs of the State in $7,980,000, to remain available until expended which the school is located if the charter SALARIES AND EXPENSES and which may be transferred to the Bureau school loses such funding. Employees of Bu- For necessary expenses for management of of Indian Affairs and Departmental Manage- reau-funded schools sharing a campus with a the Department of the Interior, $75,695,000, of ment. charter school and performing functions re- which not to exceed $8,500 may be for official For implementation of a water rights and lated to the charter school’s operation and reception and representation expenses, and habitat acquisition program pursuant to sec- employees of a charter school shall not be of which up to $1,000,000 shall be available for tion 10 of Public Law 106–263, $3,000,000, to retreated as Federal employees for purposes of workers compensation payments and unem- main available until expended, to be derived chapter 171 of title 28, United States Code ployment compensation payments associated from the Land and Water Conservation (commonly known as the ‘‘Federal Tort with the orderly closure of the United States Fund, and to be for conservation spending Claims Act’’). Bureau of Mines. category activities pursuant to section 251(c)

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No funds provided in this title AND RESTORATION Stat. 1658); for emergency reclamation projects under section 410 of Public Law 95– may be expended by the Department of the NATURAL RESOURCE DAMAGE ASSESSMENT FUND 87; and shall transfer, from any no year funds Interior for the conduct of offshore oil and To conduct natural resource damage as- available to the Office of Surface Mining natural gas preleasing, leasing, and related sessment and restoration activities by the Reclamation and Enforcement, such funds as activities, on lands within the North Aleu- Department of the Interior necessary to may be necessary to permit assumption of tian Basin planning area. carry out the provisions of the Comprehen- regulatory authority in the event a primacy SEC. 109. No funds provided in this title sive Environmental Response, Compensa- State is not carrying out the regulatory pro- may be expended by the Department of the tion, and Liability Act, as amended (42 visions of the Surface Mining Act: Provided, Interior to conduct offshore oil and natural U.S.C. 9601 et seq.), Federal Water Pollution That appropriations made in this title for gas preleasing, leasing and related activities Control Act, as amended (33 U.S.C. 1251 et wildland fire operations shall be available in the eastern Gulf of Mexico planning area seq.), the Oil Pollution Act of 1990 (Public for the payment of obligations incurred dur- for any lands located outside Sale 181, as Law 101–380) (33 U.S.C. 2701 et seq.), and Pub- ing the preceding fiscal year, and for reim- identified in the final Outer Continental lic Law 101–337, as amended (16 U.S.C. 19jj et bursement to other Federal agencies for de- Shelf 5-Year Oil and Gas Leasing Program, seq.), $5,538,000, to remain available until ex- struction of vehicles, aircraft, or other 1997–2002. SEC. 110. No funds provided in this title pended. equipment in connection with their use for may be expended by the Department of the ADMINISTRATIVE PROVISION wildland fire operations, such reimburse- Interior to conduct oil and natural gas ment to be credited to appropriations cur- There is hereby authorized for acquisition preleasing, leasing and related activities in rently available at the time of receipt therefrom available resources within the Working the Mid-Atlantic and South Atlantic plan- Capital Fund, 15 aircraft, 10 of which shall be of: Provided further, That for wildland fire op- ning areas. for replacement and which may be obtained erations, no funds shall be made available SEC. 111. Advance payments made under by donation, purchase or through available under this authority until the Secretary de- this title to Indian tribes, tribal organiza- excess surplus property: Provided, That not- termines that funds appropriated for tions, and tribal consortia pursuant to the withstanding any other provision of law, ex- ‘‘wildland fire operations’’ shall be exhausted Indian Self-Determination and Education isting aircraft being replaced may be sold, within 30 days: Provided further, That all Assistance Act (25 U.S.C. 450 et seq.) or the with proceeds derived or trade-in value used funds used pursuant to this section are here- Tribally Controlled Schools Act of 1988 (25 to offset the purchase price for the replace- by designated by Congress to be ‘‘emergency U.S.C. 2501 et seq.) may be invested by the ment aircraft: Provided further, That not- requirements’’ pursuant to section Indian tribe, tribal organization, or consor- withstanding any other provision of law, the 251(b)(2)(A) of the Balanced Budget and tium before such funds are expended for the Office of Aircraft Services shall transfer to Emergency Deficit Control Act of 1985, and purposes of the grant, compact, or annual the Sheriff’s Office, Kane County, Utah, must be replenished by a supplemental ap- funding agreement so long as such funds without restriction, a Cessna U206G, identi- propriation which must be requested as are— fication number N211S, serial number promptly as possible: Provided further, That (1) invested by the Indian tribe, tribal or- 20606916, for the purpose of facilitating more such replenishment funds shall be used to re- ganization, or consortium only in obliga- efficient law enforcement activities at Glen imburse, on a pro rata basis, accounts from tions of the United States, or in obligations Canyon National Recreation Area and the which emergency funds were transferred. or securities that are guaranteed or insured Grand Staircase Escalante National Monu- SEC. 103. Appropriations made in this title by the United States, or mutual (or other) ment: Provided further, That no programs shall be available for operation of ware- funds registered with the Securities and Ex- funded with appropriated funds in the ‘‘De- houses, garages, shops, and similar facilities, change Commission and which only invest in partmental Management’’, ‘‘Office of the So- wherever consolidation of activities will con- obligations of the United States or securities licitor’’, and ‘‘Office of Inspector General’’ tribute to efficiency or economy, and said that are guaranteed or insured by the United may be augmented through the Working appropriations shall be reimbursed for serv- States; or Capital Fund or the Consolidated Working ices rendered to any other activity in the (2) deposited only into accounts that are Fund. same manner as authorized by sections 1535 insured by an agency or instrumentality of and 1536 of title 31, United States Code: Pro- GENERAL PROVISIONS, DEPARTMENT OF the United States, or are fully collateralized vided, That reimbursements for costs and THE INTERIOR to ensure protection of the funds, even in the supplies, materials, equipment, and for serv- SEC. 101. Appropriations made in this title event of a bank failure. ices rendered may be credited to the appro- SEC. 112. Appropriations made in this Act shall be available for expenditure or transfer priation current at the time such reimburse- under the headings Bureau of Indian Affairs (within each bureau or office), with the ap- ments are received. and Office of the Special Trustee for Amer- proval of the Secretary, for the emergency SEC. 104. Appropriations made to the De- ican Indians and any available unobligated reconstruction, replacement, or repair of air- partment of the Interior in this title shall be balances from prior appropriations Acts craft, buildings, utilities, or other facilities available for services as authorized by 5 made under the same headings, shall be or equipment damaged or destroyed by fire, U.S.C. 3109, when authorized by the Sec- available for expenditure or transfer for In- flood, storm, or other unavoidable causes: retary, in total amount not to exceed dian trust management activities pursuant Provided, That no funds shall be made avail- $500,000; hire, maintenance, and operation of to the Trust Management Improvement able under this authority until funds specifi- aircraft; hire of passenger motor vehicles; Project High Level Implementation Plan. cally made available to the Department of purchase of reprints; payment for telephone SEC. 113. Notwithstanding any other provi- the Interior for emergencies shall have been service in private residences in the field, sion of law, for the purpose of reducing the exhausted: Provided further, That all funds when authorized under regulations approved backlog of Indian probate cases in the De- used pursuant to this section are hereby des- by the Secretary; and the payment of dues, partment of the Interior, the hearing re- ignated by Congress to be ‘‘emergency re- when authorized by the Secretary, for li- quirements of chapter 10 of title 25, United quirements’’ pursuant to section 251(b)(2)(A) brary membership in societies or associa- States Code, are deemed satisfied by a proof the Balanced Budget and Emergency Def- tions which issue publications to members ceeding conducted by an Indian probate icit Control Act of 1985, and must be replen- only or at a price to members lower than to judge, appointed by the Secretary without ished by a supplemental appropriation which subscribers who are not members. regard to the provisions of title 5, United must be requested as promptly as possible. SEC. 105. Appropriations available to the States Code, governing the appointments in SEC. 102. The Secretary may authorize the Department of the Interior for salaries and the competitive service, for such period of expenditure or transfer of any no year appro- expenses shall be available for uniforms or time as the Secretary determines necessary: priation in this title, in addition to the allowances therefor, as authorized by law (5 Provided, That the basic pay of an Indian amounts included in the budget programs of U.S.C. 5901–5902 and D.C. Code 4–204). probate judge so appointed may be fixed by the several agencies, for the suppression or SEC. 106. Annual appropriations made in the Secretary without regard to the provi- emergency prevention of wildland fires on or this title shall be available for obligation in sions of chapter 51, and subchapter III of threatening lands under the jurisdiction of connection with contracts issued for services chapter 53 of title 5, United States Code, gov- the Department of the Interior; for the emer- or rentals for periods not in excess of 12 erning the classification and pay of General gency rehabilitation of burned-over lands months beginning at any time during the fis- Schedule employees, except that no such In- under its jurisdiction; for emergency actions cal year. dian probate judge may be paid at a level related to potential or actual earthquakes, SEC. 107. No funds provided in this title which exceeds the maximum rate payable for floods, volcanoes, storms, or other unavoid- may be expended by the Department of the the highest grade of the General Schedule, able causes; for contingency planning subse- Interior for the conduct of offshore including locality pay. quent to actual oil spills; for response and preleasing, leasing and related activities SEC. 114. Notwithstanding any other provi- natural resource damage assessment activi- placed under restriction in the President’s sion of law, the Secretary of the Interior is

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authorized to redistribute any Tribal Pri- (1) IN GENERAL.—Subject to the avail- Secretary may obligate the expenditure of ority Allocation funds, including tribal base ability of appropriations, in carrying out the fees expected to be received in that fiscal funds, to alleviate tribal funding inequities demonstration program under subsection (b), year before they are received, provided that by transferring funds to address identified, the Secretary shall award a grant to each In- total obligations do not exceed fee collec- unmet needs, dual enrollment, overlapping dian tribe that submits an application that tions retained at Zion National Park by the service areas or inaccurate distribution is approved by the Secretary under para- end of that fiscal year. methodologies. No tribe shall receive a re- graph (2). The Secretary shall ensure that an SEC. 125. Section 6(f) of Public Law 88–578 duction in Tribal Priority Allocation funds Indian tribe that agrees to fund all future as amended shall not apply to LWCF proof more than 10 percent in fiscal year 2003. operation and maintenance costs of the trib- gram #02–00010. Under circumstances of dual enrollment, ally controlled school constructed under the SEC. 126. None of the funds made available overlapping service areas or inaccurate dis- demonstration program from other than fed- in this Act or any other Act providing appro- tribution methodologies, the 10 percent limi- eral funds receives the highest priority for a priations for the Department of the Interior tation does not apply. grant under this section. may be expended or obligated to issue a SEC. 115. Funds appropriated for the Bu- (2) GRANT APPLICATIONS.—An application Record of Decision or take any action to reau of Indian Affairs for postsecondary for a grant under the section shall— issue a right-of-way grant for a pipeline or schools for fiscal year 2003 shall be allocated (A) include a proposal for the construction associated facilities related to the Cadiz among the schools proportionate to the of a tribally controlled school of the Indian groundwater storage and dry-year supply unmet need of the schools as determined by tribe that submits the application; and program. the Postsecondary Funding Formula adopted (B) be in such form as the Secretary deter- SEC. 127. Notwithstanding section 1(d) of by the Office of Indian Education Programs. Public Law 107–62, the National Park Service SEC. 116. (a) The Secretary of the Interior mines appropriate. is authorized to obligate $1,000,000 made shall take such action as may be necessary (3) GRANT AGREEMENT.—As a condition to available in fiscal year 2002 to plan the John to ensure that the lands comprising the receiving a grant under this section, the In- Adams Presidential memorial in cooperation Huron Cemetery in Kansas City, Kansas (as dian tribe shall enter into an agreement with described in section 123 of Public Law 106– the Secretary that specifies— with non-Federal partners. SEC. 128. Notwithstanding any other provi- 291) are used only in accordance with this (A) the costs of construction under the sion of law, funds appropriated and remain- section. grant; (b) The lands of the Huron Cemetery shall (B) that the Indian tribe shall be required ing available in the Construction (Trust be used only: (1) for religious and cultural to contribute towards the cost of the con- Fund) account of the National Park Service uses that are compatible with the use of the struction a tribal share equal to 50 percent of at the completion of all authorized projects, lands as a cemetery; and (2) as a burial the costs; and shall be available for the rehabilitation and ground. (C) any other term or condition that the improvement of Going-to-the-Sun Road in SEC. 117. Notwithstanding any other provi- Secretary determines to be appropriate. Glacier National Park. sion of law, in conveying the Twin Cities Re- (4) ELIGIBILITY.—Grants awarded under the SEC. 129. Using funds appropriated by sec- search Center under the authority provided demonstration program shall be used only tion 501(d) of the Emergency Supplemental by Public Law 104–134, as amended by Public for construction or replacement of a tribally Appropriations Act, 1999 (Public Law 106–31), Law 104–208, the Secretary may accept and controlled school. the Secretary shall provide interim com- retain land and other forms of reimburse- (c) EFFECT OF GRANT.—A grant received pensation payments of up to $10,000 each ment: Provided, That the Secretary may re- under this section shall be in addition to any within 30 days of the date of the enactment tain and use any such reimbursement until other funds received by an Indian tribe under of this Act to all claimants who filed a claim expended and without further appropriation: any other provision of law. The receipt of a for compensation under the Glacier Bay (1) for the benefit of the National Wildlife grant under this section shall not affect the compensation plan and which has not been Refuge System within the State of Min- eligibility of an Indian tribe receiving fund- rejected or withdrawn and have not received nesota; and (2) for all activities authorized ing, or the amount of funding received by the a compensation payment. The amount of by Public Law 100–696; 16 U.S.C. 460zz. Indian tribe, under the Tribally Controlled final compensation paid to any such claim- SEC. 118. Notwithstanding other provisions Schools Act of 1988 (25 U.S.C. 2501 et seq.) or ant shall be reduced by the total dollar of law, the National Park Service may au- the Indian Self-Determination and Edu- amount of any interim compensation pay- thorize, through cooperative agreement, the cation Assistance Act (25 U.S.C. 450 et seq.). ments received. Golden Gate National Parks Association to (d) REPORT.—At the conclusion of the five- SEC. 130. None of the funds provided in this provide fee-based education, interpretive and year demonstration program, the Secretary Act may be used in the Alaska region to pre- visitor service functions within the Crissy shall report to Congress as to whether the pare or enforce Compendia including any Field and Fort Point areas of the Presidio. demonstration program has achieved its pur- rule, regulation, policy or management tool SEC. 119. Notwithstanding 31 U.S.C. 3302(b), poses of providing additional tribes fair op- that is not promulgated pursuant to the Ad- sums received by the Bureau of Land Man- portunities to construct tribally controlled ministrative Procedures Act, including the agement for the sale of seeds or seedlings in- schools, accelerating construction of needed public comment period. cluding those collected in fiscal year 2002, educational facilities in Indian Country, and TITLE II—RELATED AGENCIES may be credited to the appropriation from permitting additional funds to be provided DEPARTMENT OF AGRICULTURE which funds were expended to acquire or for the Department’s priority list for con- grow the seeds or seedlings and are available struction of replacement educational facili- FOREST SERVICE without fiscal year limitation. ties. FOREST AND RANGELAND RESEARCH SEC. 120. TRIBAL SCHOOL CONSTRUCTION SEC. 121. WHITE RIVER OIL SHALE MINE, For necessary expenses of forest and range- DEMONSTRATION PROGRAM. (a) DEFINITIONS.— UTAH. SALE.—Subject to the terms and con- land research as authorized by law, In this section: ditions of section 126 of the Department of $252,804,000, to remain available until ex- (1) CONSTRUCTION.—The term ‘‘construc- the Interior and Related Agencies Act, 2002, pended. tion’’, with respect to a tribally controlled the Administrator of General Services shall STATE AND PRIVATE FORESTRY school, includes the construction or renova- sell all right, title, and interest of the United tion of that school. States in and to the improvements and For necessary expenses of cooperating with (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ equipment of the White River Oil Shale and providing technical and financial assist- has the meaning given that term in section Mine. ance to States, territories, possessions, and 4(e) of the Indian Self-Determination and SEC. 122. The Secretary of the Interior may others, and for forest health management, Education Assistance Act (25 U.S.C. 450b(e)). use or contract for the use of helicopters or treatment of pests, pathogens, and invasive (3) SECRETARY.—The term ‘‘Secretary’’ motor vehicles on the Sheldon and Hart Na- plants, cooperative forestry, and education means the Secretary of the Interior. tional Wildlife Refuges for the purpose of and land conservation activities and con- (4) TRIBALLY CONTROLLED SCHOOL.—The capturing and transporting horses and bur- ducting an international program as author- term ‘‘tribally controlled school’’ has the ros. The provisions of subsection (a) of the ized, $312,972,000, to remain available until meaning given that term in section 5212 of Act of September 8, 1959 (73 Stat. 470; 18 expended, as authorized by law, of which the Tribally Controlled Schools Act of 1988 U.S.C. 47(a)) shall not be applicable to such $85,000,000 is for the Forest Legacy Program, (25 U.S.C. 2511). use. Such use shall be in accordance with hu- and $37,750,000 is for the Urban and Commu- (5) DEPARTMENT.—The term ‘‘Department’’ mane procedures prescribed by the Sec- nity Forestry Program, defined in section means the Department of the Interior. retary. 250(c)(4)(E) of the Balanced Budget and (6) DEMONSTRATION PROGRAM.—The term SEC. 123. No funds contained in this Act Emergency Deficit Control Act of 1985, as ‘‘demonstration program’’ means the Tribal shall be used to approve the transfer of lands amended, for the purposes of such Act: Pro- School Construction Demonstration Pro- on South Fox Island, Michigan until Con- vided further, That notwithstanding any gram. gress has authorized such transfer. other provision of law, of the funds provided (b) IN GENERAL.—The Secretary shall carry SEC. 124. In fiscal year 2003 and each fiscal under this heading, $2,000,000 shall be made out a demonstration program for fiscal years year thereafter, notwithstanding any other available to Kake Tribal Corporation as an 2003 through 2007 to provide grants to Indian provision of law, with respect to a service advanced direct lump sum payment to imple- tribes for the construction of tribally con- contract for the provision solely of transpor- ment the Kake Tribal Corporation Land trolled schools. tation services at Zion National Park, the Transfer Act (Public Law 106–283).

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NATIONAL FOREST SYSTEM tem’’, ‘‘Forest and Rangeland Research’’, ardous fuels reduction activities in the urban For necessary expenses of the Forest Serv- and ‘‘Capital Improvement and Mainte- wildland interface are obligated. ice, not otherwise provided for, for manage- nance’’ accounts to fund state fire assist- For an additional amount to cover nec- ment, protection, improvement, and utiliza- ance, volunteer fire assistance, and forest essary expenses for emergency rehabilitation of the National Forest System, health management, vegetation and water- tion, presuppression due to emergencies, and $1,359,139,000, to remain available until ex- shed management, heritage site rehabilita- wildfire suppression activities of the Forest pended, which shall include 50 percent of all tion, wildlife and fish habitat management, Service, $290,000,000, to remain available moneys received during prior fiscal years as trails and facilities maintenance and res- until expended: Provided, That the entire fees collected under the Land and Water Con- toration: Provided further, That transfers of amount is designated by the Congress as an servation Fund Act of 1965, as amended, in any amounts in excess of those authorized in emergency requirement pursuant to section accordance with section 4 of the Act (16 this paragraph, shall require approval of the 251(b)(2)(A) of the Balanced Budget and U.S.C. 460l–6a(i)): Provided, That unobligated House and Senate Committees on Appropria- Emergency Deficit Control Act of 1985, as balances available at the start of fiscal year tions in compliance with reprogramming amended: Provided further, That $290,000,000 2003 shall be displayed by budget line item in procedures contained in House Report No. shall be available only to the extent an offi- the fiscal year 2004 budget justification: Pro- 105–163: Provided further, That the costs of cial budget request for a specific dollar vided further, That the Secretary may au- implementing any cooperative agreement be- amount, that includes designation of the en- thorize the expenditure or transfer of such tween the Federal government and any non- tire amount of the request as an emergency sums as necessary to the Department of the Federal entity may be shared, as mutually requirement as defined in the Balanced Interior, Bureau of Land Management for re- agreed on by the affected parties: Provided Budget and Emergency Deficit Control Act moval, preparation, and adoption of excess further, That in entering into such grants or of 1985, as amended, is transmitted by the wild horses and burros from National Forest cooperative agreements, the Secretary may President to the Congress. System lands: Provided further, That of the consider the enhancement of local and small CAPITAL IMPROVEMENT AND MAINTENANCE funds provided under this heading for Forest business employment opportunities for rural For necessary expenses of the Forest Serv- Products, $4,000,000 shall be allocated to the communities, and that in entering into pro- ice, not otherwise provided for, $565,656,000, Alaska Region, in addition to its normal al- curement contracts under this section on a to remain available until expended for con- location for the purposes of preparing addi- best value basis, the Secretary may take struction, reconstruction, maintenance and tional timber for sale, to establish a 3-year into account the ability of an entity to en- acquisition of buildings and other facilities, timber supply and such funds may be trans- hance local and small business employment and for construction, reconstruction, repair ferred to other appropriations accounts as opportunities in rural communities, and that and maintenance of forest roads and trails necessary to maximize accomplishment. the Secretary may award procurement con- by the Forest Service as authorized by 16 tracts, grants, or cooperative agreements WILDLAND FIRE MANAGEMENT U.S.C. 532–538 and 23 U.S.C. 101 and 205, of under this section to entities that include For necessary expenses for forest fire which, $84,866,000 is for conservation activi- local non-profit entities, Youth Conservation ties defined in section 250(c)(4)(E) of the Bal- presuppression activities on National Forest Corps or related partnerships with State, System lands, for emergency fire suppression anced Budget and Emergency Deficit Control local or non-profit youth groups, or small or Act of 1985, as amended, for the purposes of on or adjacent to such lands or other lands disadvantaged businesses: Provided further, under fire protection agreement, hazardous such Act: Provided, That no funds shall be ex- That in addition to funds provided for State pended to decommission any system road fuel reduction on or adjacent to such lands, Fire Assistance programs, and subject to all until notice and an opportunity for public and for emergency rehabilitation of burned- authorities available to the Forest Service comment has been provided on each decom- over National Forest System lands and under the State and Private Forestry Appro- missioning project: Provided further, That the water, $1,079,291,000, to remain available priation, up to $15,000,000 may be used on ad- Forest Service shall transfer $500,000 appro- until expended: Provided, That such funds in- jacent non-Federal lands for the purpose of priated in Public Law 107–63 within the Cap- cluding unobligated balances under this protecting communities when hazard reduc- ital Improvement and Maintenance appro- head, are available for repayment of ad- tion activities are planned on national forest priation, to the State and Private Forestry vances from other appropriations accounts lands that have the potential to place such appropriation, and shall provide these funds previously transferred for such purposes: communities at risk: Provided further, That in an advance direct lump sum payment to Provided further, That not less than 50 per- included in funding for hazardous fuel reduc- Purdue University for planning and con- cent of any unobligated balances remaining tion is $5,000,000 for implementing the Com- struction of a hardwood tree improvement (exclusive of amounts for hazardous fuels re- munity Forest Restoration Act, Public Law and generation facility: Provided further, duction) at the end of fiscal year 2002 shall 106–393, title VI, and any portion of such That notwithstanding any provision of law, be transferred, as repayment for past ad- funds shall be available for use on non-Fed- funds provided for construction of facilities vances that have not been repaid, to the fund eral lands in accordance with authorities at Purdue University in Indiana in this Act, established pursuant to section 3 of Public available to the Forest Service under the in the amount of $3,100,000 shall be available Law 71–319 (16 U.S.C. 576 et seq.): Provided State and Private Forestry Appropriation: to the University. further, That notwithstanding any other pro- Provided further, That in expending the funds LAND ACQUISITION vision of law, $8,000,000 of funds appropriated provided with respect to this Act for haz- under this appropriation shall be used for ardous fuels reduction, the Secretary of the For expenses necessary to carry out the Fire Science Research in support of the Interior and the Secretary of Agriculture provisions of the Land and Water Conserva- Joint Fire Science Program: Provided further, may conduct fuel reduction treatments on tion Fund Act of 1965, as amended (16 U.S.C. That all authorities for the use of funds, in- Federal lands using all contracting and hir- 460l–4 through 11), including administrative cluding the use of contracts, grants, and co- ing authorities available to the Secretaries expenses, and for acquisition of land or operative agreements, available to execute applicable to hazardous fuel reduction ac- waters, or interest therein, in accordance with statutory authority applicable to the the Forest and Rangeland Research appro- tivities under the wildland fire management Forest Service, $157,679,000 to be derived priation, are also available in the utilization accounts. Notwithstanding Federal govern- from the Land and Water Conservation of these funds for Fire Science Research: ment procurement and contracting laws, the Fund, to remain available until expended, Provided further, That funds provided shall be Secretaries may conduct fuel reduction and to be for the conservation activities de- available for emergency rehabilitation and treatments, rehabilitation and restoration, fined in section 250(c)(4)(E) of the Balanced restoration, hazard reduction activities in and other activities authorized in this sec- Budget and Emergency Deficit Control Act the urban-wildland interface, support to Fed- tion, on and adjacent to Federal lands using of 1985, as amended, for the purposes of such eral emergency response, and wildfire sup- grants and cooperative agreements. Notwith- Act. pression activities of the Forest Service; Pro- standing Federal government procurement vided further, That of the funds provided, and contracting laws, in order to provide em- ACQUISITION OF LANDS FOR NATIONAL FORESTS $228,109,000 is for hazardous fuel treatment, ployment and training opportunities to peo- SPECIAL ACTS $3,624,000 is for rehabilitation and restora- ple in rural communities, the Secretaries For acquisition of lands within the exte- tion, $8,000,000 is for capital improvement may award contracts, including contracts for rior boundaries of the Cache, Uinta, and and maintenance of fire facilities, $22,127,000 monitoring activities, to— Wasatch National Forests, Utah; the Toiyabe is for research activities and to make com- (1) local private, nonprofit, or cooperative National Forest, Nevada; and the Angeles, petitive research grants pursuant to the For- entities; San Bernardino, Sequoia, and Cleveland Na- est and Rangeland Renewable Resources Re- (2) Youth Conservation Corps crews or re- tional Forests, California, as authorized by search Act, as amended (16 U.S.C. 1641 et lated partnerships, with State, local and law, $1,069,000, to be derived from forest re- seq.), $50,383,000 is for state fire assistance, non-profit youth groups; ceipts. $8,240,000 is for volunteer fire assistance, (3) small or micro-businesses; or ACQUISITION OF LANDS TO COMPLETE LAND $11,934,000 is for forest health activities on (4) other entities that will hire or train a EXCHANGES state, private, and Federal lands, and significant percentage of local people to For acquisition of lands, such sums, to be $7,472,000 is for economic action programs: complete such contracts. The authorities de- derived from funds deposited by State, coun- Provided further, That amounts in this para- scribed above relating to contracts, grants, ty, or municipal governments, public school graph may be transferred to the ‘‘State and and cooperative agreements are available districts, or other public school authorities Private Forestry’’, ‘‘National Forest Sys- until all funds provided in this title for haz- pursuant to the Act of December 4, 1967, as

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8215 amended (16 U.S.C. 484a), to remain available ance in foreign countries, and shall be avail- the same rate that the recipient has ob- until expended. able to support forestry and related natural tained the non-Federal matching funds. RANGE BETTERMENT FUND resource activities outside the United States Funds appropriated to the Forest Service shall be available for interactions with and For necessary expenses of range rehabilita- and its territories and possessions, including providing technical assistance to rural com- tion, protection, and improvement, 50 per- technical assistance, education and training, and cooperation with United States and munities for sustainable rural development cent of all moneys received during the prior purposes. fiscal year, as fees for grazing domestic live- international organizations. None of the funds made available to the Notwithstanding any other provision of stock on lands in National Forests in the 16 Forest Service under this Act shall be sub- law, 80 percent of the funds appropriated to Western States, pursuant to section 401(b)(1) ject to transfer under the provisions of sec- the Forest Service in the ‘‘National Forest of Public Law 94–579, as amended, to remain tion 702(b) of the Department of Agriculture System’’ and ‘‘Capital Improvement and available until expended, of which not to ex- Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. Maintenance’’ accounts and planned to be al- ceed 6 percent shall be available for adminis- 147b unless the proposed transfer is approved located to activities under the ‘‘Jobs in the trative expenses associated with on-thein advance by the House and Senate Commit- Woods’’ program for projects on National ground range rehabilitation, protection, and tees on Appropriations in compliance with Forest land in the State of Washington may improvements. the reprogramming procedures contained in be granted directly to the Washington State GIFTS, DONATIONS AND BEQUESTS FOR FOREST House Report No. 105–163. Department of Fish and Wildlife for accom- AND RANGELAND RESEARCH None of the funds available to the Forest plishment of planned projects. Twenty per- For expenses authorized by 16 U.S.C. Service may be reprogrammed without the cent of said funds shall be retained by the 1643(b), $92,000, to remain available until ex- advance approval of the House and Senate Forest Service for planning and admin- pended, to be derived from the fund estab- Committees on Appropriations in accordance istering projects. Project selection and lished pursuant to the above Act. with the procedures contained in House Re- prioritization shall be accomplished by the Forest Service with such consultation with port No. 105–163. MANAGEMENT OF NATIONAL FOREST LANDS FOR the State of Washington as the Forest Serv- SUBSISTENCE USES No funds available to the Forest Service shall be transferred to the Working Capital ice deems appropriate. For necessary expenses of the Forest Serv- Funds appropriated to the Forest Service Fund of the Department of Agriculture that ice to manage federal lands in Alaska for shall be available for payments to counties exceed the total amount transferred during subsistence uses under title VIII of the Alas- within the Columbia River Gorge National ka National Interest Lands Conservation Act fiscal year 2000 for such purposes without the Scenic Area, pursuant to sections 14(c)(1) and (Public Law 96–487), $5,542,000, to remain advance approval of the House and Senate (2), and section 16(a)(2) of Public Law 99–663. available until expended. Committees on Appropriations. The Secretary of Agriculture is authorized Funds available to the Forest Service shall ADMINISTRATIVE PROVISIONS, FOREST SERVICE to enter into grants, contracts, and coopera- be available to conduct a program of not less tive agreements as appropriate with the Pin- Appropriations to the Forest Service for than $4,000,000 for high priority projects chot Institute for Conservation, as well as the current fiscal year shall be available for: within the scope of the approved budget with public and other private agencies, orga- (1) purchase of not to exceed 113 passenger which shall be carried out by the Youth Con- nizations, institutions, and individuals, to motor vehicles of which 10 will be used pri- servation Corps, defined in section provide for the development, administration, marily for law enforcement purposes and of 250(c)(4)(E) of the Balanced Budget and maintenance, or restoration of land, facili- which 113 shall be for replacement; acquisi- Emergency Deficit Control Act of 1985, as ties, or Forest Service programs, at the Grey tion of 25 passenger motor vehicles from ex- amended, for the purposes of such Act. Towers National Historic Landmark: Pro- cess sources, and hire of such vehicles; oper- Of the funds available to the Forest Serv- vided, That, subject to such terms and condi- ation and maintenance of aircraft, the pur- ice, $2,500 is available to the Chief of the For- tions as the Secretary of Agriculture may chase of not to exceed seven for replacement est Service for official reception and rep- prescribe, any such public or private agency, only, and acquisition of sufficient aircraft resentation expenses. organization, institution, or individual may from excess sources to maintain the operable Pursuant to sections 405(b) and 410(b) of solicit, accept, and administer private gifts fleet at 195 aircraft for use in Forest Service Public Law 101–593, of the funds available to of money and real or personal property for wildland fire programs and other Forest the Forest Service, up to $2,250,000 may be the benefit of, or in connection with, the ac- Service programs; notwithstanding other advanced in a lump sum as Federal financial tivities and services at the Grey Towers Na- provisions of law, existing aircraft being re- assistance to the National Forest Founda- tional Historic Landmark: Provided further, placed may be sold, with proceeds derived or tion, without regard to when the Foundation That such gifts may be accepted notwith- trade-in value used to offset the purchase incurs expenses, for administrative expenses standing the fact that a donor conducts busi- price for the replacement aircraft; (2) serv- or projects on or benefitting National Forest ness with the Department of Agriculture in ices pursuant to 7 U.S.C. 2225, and not to ex- System lands or related to Forest Service any capacity. ceed $100,000 for employment under 5 U.S.C. programs: Provided, That of the Federal Funds appropriated to the Forest Service 3109; (3) purchase, erection, and alteration of funds made available to the Foundation, no shall be available, as determined by the Sec- buildings and other public improvements (7 more than $400,000 shall be available for ad- retary, for payments to Del Norte County, U.S.C. 2250); (4) acquisition of land, waters, ministrative expenses: Provided further, That California, pursuant to sections 13(e) and 14 and interests therein pursuant to 7 U.S.C. the Foundation shall obtain, by the end of of the Smith River National Recreation Area 428a; (5) for expenses pursuant to the Volun- the period of Federal financial assistance, Act (Public Law 101–612). teers in the National Forest Act of 1972 (16 private contributions to match on at least Notwithstanding any other provision of U.S.C. 558a, 558d, and 558a note); (6) the cost one-for-one basis funds made available by law, any appropriations or funds available to of uniforms as authorized by 5 U.S.C. 5901– the Forest Service: Provided further, That the the Forest Service not to exceed $500,000 may 5902; and (7) for debt collection contracts in Foundation may transfer Federal funds to a be used to reimburse the Office of the Gen- eral Counsel (OGC), Department of Agri- accordance with 31 U.S.C. 3718(c). non-Federal recipient for a project at the None of the funds made available under same rate that the recipient has obtained culture, for travel and related expenses incurred as a result of OGC assistance or par- this Act shall be obligated or expended to the non-Federal matching funds: Provided ticipation requested by the Forest Service at abolish any region, to move or close any re- further, That authorized investments of Fed- meetings, training sessions, management regional office for National Forest System ad- eral funds held by the Foundation may be views, land purchase negotiations and simi- ministration of the Forest Service, Depart- made only in interest-bearing obligations of lar non-litigation related matters. Future the United States or in obligations guaran- ment of Agriculture without the consent of budget justifications for both the Forest the House and Senate Committees on Appro- teed as to both principal and interest by the Service and the Department of Agriculture priations. United States. should clearly display the sums previously Pursuant to section 2(b)(2) of Public Law Any appropriations or funds available to transferred and the requested funding trans- 98–244, $2,650,000 of the funds available to the the Forest Service may be transferred to the fers. Wildland Fire Management appropriation for Forest Service shall be available for match- Any appropriations or funds available to forest firefighting, emergency rehabilitation ing funds to the National Fish and Wildlife the Forest Service may be used for necessary of burned-over or damaged lands or waters Foundation, as authorized by 16 U.S.C. 3701– expenses in the event of law enforcement under its jurisdiction, and fire preparedness 3709, and may be advanced in a lump sum as emergencies as necessary to protect natural due to severe burning conditions if and only Federal financial assistance, without regard resources and public or employee safety: Pro- if all previously appropriated emergency to when expenses are incurred, for projects vided, That such amounts shall not exceed contingent funds under the heading on or benefitting National Forest System $1,000,000. ‘‘Wildland Fire Management’’ have been re- lands or related to Forest Service programs: The Secretary of Agriculture may author- leased by the President and apportioned. Provided, That the Foundation shall obtain, ize the sale of excess buildings, facilities, Funds appropriated to the Forest Service by the end of the period of Federal financial and other properties owned by the Forest shall be available for assistance to or assistance, private contributions to match Service and located on the Green Mountain through the Agency for International Devel- on at least one-for-one basis funds advanced National Forest, the revenues of which shall opment and the Foreign Agricultural Service by the Forest Service: Provided further, That be retained by the Forest Service and avail- in connection with forest and rangeland re- the Foundation may transfer Federal funds able to the Secretary without further appro- search, technical information, and assist- to a non-Federal recipient for a project at priation and until expended for maintenance

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8216 CONGRESSIONAL RECORD — SENATE September 4, 2002 and rehabilitation activities on the Green gas: Provided further, That up to 4 percent of be used to implement or finance authorized Mountain National Forest. program direction funds available to the Na- price support or loan guarantee programs The Secretary of Agriculture may transfer tional Energy Technology Laboratory may unless specific provision is made for such or reimburse funds available to the Forest be used to support Department of Energy ac- programs in an appropriations Act. Service, not to exceed $15,000,000, to the Sec- tivities not included in this account. The Secretary is authorized to accept retary of the Interior or the Secretary of NAVAL PETROLEUM AND OIL SHALE RESERVES lands, buildings, equipment, and other contributions from public and private sources Commerce to expedite conferencing and con- For expenses necessary to carry out naval and to prosecute projects in cooperation sultations as required under section 7 of the petroleum and oil shale reserve activities, with other agencies, Federal, State, private Endangered Species Act, 16 U.S.C. 1536. The $20,831,000, to remain available until ex- amount of the transfer or reimbursement or foreign: Provided, That revenues and other pended: Provided, That, notwithstanding any moneys received by or for the account of the shall be as mutually agreed by the Secretary other provision of law, unobligated funds re- Department of Energy or otherwise gen- of Agriculture and the Secretary of the Inte- maining from prior years shall be available erated by sale of products in connection with rior or Secretary of Commerce, as applica- for all naval petroleum and oil shale reserve projects of the Department appropriated ble, or their designees. The amount shall in activities. no case exceed the actual costs of consulta- under this Act may be retained by the Sec- tion and conferencing. ELK HILLS SCHOOL LANDS FUND retary of Energy, to be available until ex- DEPARTMENT OF ENERGY For necessary expenses in fulfilling install- pended, and used only for plant construction, ment payments under the Settlement Agree- operation, costs, and payments to cost-shar- CLEAN COAL TECHNOLOGY ment entered into by the United States and ing entities as provided in appropriate cost- (DEFERRAL) the State of California on October 11, 1996, as sharing contracts or agreements: Provided Of the funds made available under this authorized by section 3415 of Public Law 104– further, That the remainder of revenues after heading for obligation in prior years, 106, $36,000,000, to become available on Octo- the making of such payments shall be cov- $60,000,000 shall not be available until Octo- ber 1, 2003 for payment to the State of Cali- ered into the Treasury as miscellaneous re- ber 1, 2003: Provided, That funds made avail- fornia for the State Teachers’ Retirement ceipts: Provided further, That any contract, able in previous appropriations Acts shall be Fund from the Elk Hills School Lands Fund. agreement, or provision thereof entered into available for any ongoing project regardless ENERGY CONSERVATION by the Secretary pursuant to this authority of the separate request for proposal under For necessary expenses in carrying out en- shall not be executed prior to the expiration which the project was selected. ergy conservation activities, $921,741,000, to of 30 calendar days (not including any day in FOSSIL ENERGY RESEARCH AND DEVELOPMENT remain available until expended: Provided, which either House of Congress is not in ses- (INCLUDING TRANSFER OF FUNDS) That $285,798,000 shall be for use in energy sion because of adjournment of more than 3 For necessary expenses in carrying out fos- conservation grant programs as defined in calendar days to a day certain) from the re- sil energy research and development activi- section 3008(3) of Public Law 99–509 (15 U.S.C. ceipt by the Speaker of the House of Rep- ties, under the authority of the Department 4507): Provided further, That notwithstanding resentatives and the President of the Senate of Energy Organization Act (Public Law 95– section 3003(d)(2) of Public Law 99–509, such of a full comprehensive report on such 91), including the acquisition of interest, in- sums shall be allocated to the eligible pro- project, including the facts and cir- cluding defeasible and equitable interests in grams as follows: $240,000,000 for weatheriza- cumstances relied upon in support of the pro- any real property or any facility or for plant tion assistance grants and $45,798,000 for posed project. No funds provided in this Act may be ex- or facility acquisition or expansion, and for State energy conservation grants. pended by the Department of Energy to pre- conducting inquiries, technological inves- ECONOMIC REGULATION pare, issue, or process procurement docu- tigations and research concerning the ex- For necessary expenses in carrying out the ments for programs or projects for which ap- traction, processing, use, and disposal of activities of the Office of Hearings and Ap- propriations have not been made. mineral substances without objectionable so- peals, $1,487,000, to remain available until ex- In addition to other authorities set forth cial and environmental costs (30 U.S.C. 3, pended. in this Act, the Secretary may accept fees 1602, and 1603), $650,965,000, to remain avail- STRATEGIC PETROLEUM RESERVE and contributions from public and private able until expended, of which $1,000,000 is to sources, to be deposited in a contributed continue a multi-year project for construc- For necessary expenses for Strategic Pe- troleum Reserve facility development and funds account, and prosecute projects using tion, renovation, furnishing, and demolition such fees and contributions in cooperation or removal of buildings at National Energy operations and program management activities pursuant to the Energy Policy and Con- with other Federal, State or private agencies Technology Laboratory facilities in Morgan- or concerns. town, West Virginia and Pittsburgh, Penn- servation Act of 1975, as amended (42 U.S.C. DEPARTMENT OF HEALTH AND HUMAN sylvania; and of which $150,000,000 are to be 6201 et seq.), $174,856,000, to remain available SERVICES made available, after coordination with the until expended. private sector, for a request for proposals for SPR PETROLEUM ACCOUNT INDIAN HEALTH SERVICE a Clean Coal Power Initiative providing for For the acquisition and transportation of INDIAN HEALTH SERVICES competitively-awarded research, develop- petroleum and for other necessary expenses For expenses necessary to carry out the ment, and demonstration projects to reduce pursuant to the Energy Policy and Conserva- Act of August 5, 1954 (68 Stat. 674), the Indian the barriers to continued and expanded coal tion Act of 1975, as amended (42 U.S.C. 6201 et Self-Determination Act, the Indian Health use: Provided, That no project may be se- seq.), $7,000,000, to remain available until ex- Care Improvement Act, and titles II and III lected for which sufficient funding is not pended. of the Public Health Service Act with re- available to provide for the total project: NORTHEAST HOME HEATING OIL RESERVE spect to the Indian Health Service, Provided further, That funds shall be ex- For necessary expenses for Northeast $2,466,280,000, together with payments re- pended in accordance with the provisions Home Heating Oil Reserve storage, oper- ceived during the fiscal year pursuant to 42 governing the use of funds contained under ations, and management activities pursuant U.S.C. 238(b) for services furnished by the In- the heading ‘‘Clean Coal Technology’’ in to the Energy Policy and Conservation Act dian Health Service: Provided, That funds prior appropriations: Provided further, That of 2000, $8,000,000, to remain available until made available to tribes and tribal organiza- the Department may include provisions for expended. tions through contracts, grant agreements, repayment of Government contributions to or any other agreements or compacts au- ENERGY INFORMATION ADMINISTRATION individual projects in an amount up to the thorized by the Indian Self-Determination Government contribution to the project on For necessary expenses in carrying out the and Education Assistance Act of 1975 (25 terms and conditions that are acceptable to activities of the Energy Information Admin- U.S.C. 450), shall be deemed to be obligated the Department including repayments from istration, $80,111,000, to remain available at the time of the grant or contract award sale and licensing of technologies from both until expended. and thereafter shall remain available to the domestic and foreign transactions: Provided ADMINISTRATIVE PROVISIONS, DEPARTMENT OF tribe or tribal organization without fiscal further, That such repayments shall be re- ENERGY year limitation: Provided further, That tained by the Department for future coal-re- Appropriations under this Act for the cur- $18,000,000 shall remain available until ex- lated research, development and demonstra- rent fiscal year shall be available for hire of pended, for the Indian Catastrophic Health tion projects: Provided further, That any passenger motor vehicles; hire, maintenance, Emergency Fund: Provided further, That technology selected under this program shall and operation of aircraft; purchase, repair, $450,130,000 for contract medical care shall be considered a Clean Coal Technology, and and cleaning of uniforms; and reimburse- remain available for obligation until Sep- any project selected under this program ment to the General Services Administration tember 30, 2004: Provided further, That of the shall be considered a Clean Coal Technology for security guard services. funds provided, up to $22,000,000 shall be used Project, for the purposes of 42 U.S.C. § 7651n, From appropriations under this Act, trans- to carry out the loan repayment program and Chapters 51, 52, and 60 of title 40 of the fers of sums may be made to other agencies under section 108 of the Indian Health Care Code of Federal Regulations: Provided fur- of the Government for the performance of Improvement Act: Provided further, That ther, That no part of the sum herein made work for which the appropriation is made. funds provided in this Act may be used for available shall be used for the field testing of None of the funds made available to the one-year contracts and grants which are to nuclear explosives in the recovery of oil and Department of Energy under this Act shall be performed in two fiscal years, so long as

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8217 the total obligation is recorded in the year appropriated for the planning, design, con- the project will the Federal Government for which the funds are appropriated: Pro- struction or renovation of health facilities have any rights or title to any real or per- vided further, That the amounts collected by for the benefit of an Indian tribe or tribes sonal property acquired as a part of the con- the Secretary of Health and Human Services may be used to purchase land for sites to tract: Provided further, That notwithstanding under the authority of title IV of the Indian construct, improve, or enlarge health or re- any other provision of law or regulation, for Health Care Improvement Act shall remain lated facilities: Provided further, That from purposes of acquiring sites for a new clinic available until expended for the purpose of the funds appropriated herein, $5,000,000 shall and staff quarters in St. Paul Island, Alaska, achieving compliance with the applicable be designated by the Indian Health Service the Secretary of Health and Human Services conditions and requirements of titles XVIII as a contribution to the Yukon-Kuskokwim may accept land donated by the Tanadgusix and XIX of the Social Security Act (exclu- Health Corporation (YKHC) to continue a Corporation. sive of planning, design, or construction of priority project for the acquisition of land, ADMINISTRATIVE PROVISIONS, INDIAN HEALTH new facilities): Provided further, That funding planning, design and construction of 79 staff SERVICE contained herein, and in any earlier appro- quarters in the Bethel service area, pursuant Appropriations in this Act to the Indian priations Acts for scholarship programs to the negotiated project agreement between Health Service shall be available for services under the Indian Health Care Improvement the YKHC and the Indian Health Service: as authorized by 5 U.S.C. 3109 but at rates Act (25 U.S.C. 1613) shall remain available for Provided further, That this project shall not not to exceed the per diem rate equivalent to obligation until September 30, 2004: Provided be subject to the construction provisions of the maximum rate payable for senior-level further, That amounts received by tribes and the Indian Self-Determination and Edu- positions under 5 U.S.C. 5376; hire of pas- tribal organizations under title IV of the In- cation Assistance Act and shall be removed senger motor vehicles and aircraft; purchase dian Health Care Improvement Act shall be from the Indian Health Service priority list of medical equipment; purchase of reprints; reported and accounted for and available to upon completion: Provided further, That the purchase, renovation and erection of mod- the receiving tribes and tribal organizations Federal Government shall not be liable for ular buildings and renovation of existing fa- until expended: Provided further, That, not- any property damages or other construction cilities; payments for telephone service in withstanding any other provision of law, of claims that may arise from YKHC under- private residences in the field, when author- the amounts provided herein, not to exceed taking this project: Provided further, That ized under regulations approved by the Sec- $270,734,000 shall be for payments to tribes the land shall be owned or leased by the retary; and for uniforms or allowances there- and tribal organizations for contract or YKHC and title to quarters shall remain for as authorized by 5 U.S.C. 5901–5902; and grant support costs associated with con- vested with the YKHC: Provided further, That for expenses of attendance at meetings which tracts, grants, self-governance compacts or $5,000,000 shall remain available until ex- are concerned with the functions or activi- annual funding agreements between the In- pended for the purpose of funding up to two ties for which the appropriation is made or dian Health Service and a tribe or tribal or- joint venture health care facility projects which will contribute to improved conduct, ganization pursuant to the Indian Self-De- authorized under the Indian Health Care Im- supervision, or management of those func- termination Act of 1975, as amended, prior to provement Act, as amended: Provided further, tions or activities. or during fiscal year 2003, of which not to ex- That priority, by rank order, shall be given In accordance with the provisions of the ceed $2,500,000 may be used for contract sup- to tribes with outpatient projects on the ex- Indian Health Care Improvement Act, non- port costs associated with new or expanded isting Indian Health Services priority list Indian patients may be extended health care self-determination contracts, grants, self- that have Service-approved planning docu- at all tribally administered or Indian Health governance compacts or annual funding ments, and can demonstrate by March 1, Service facilities, subject to charges, and the agreements: Provided further, That notwith- 2003, the financial capability necessary to proceeds along with funds recovered under standing any other provision of law, annuity provide an appropriate facility: Provided fur- the Federal Medical Care Recovery Act (42 ther, That joint venture funds unallocated health benefits payments made in previous U.S.C. 2651–2653) shall be credited to the ac- after March 1, 2003, shall be made available years by the U.S. Department of Defense for count of the facility providing the service for joint venture projects on a competitive Indian Health Service commissioned corps and shall be available without fiscal year basis giving priority to tribes that currently retirees, will continue to be paid in such limitation. Notwithstanding any other law have no existing Federally-owned health manner in fiscal year 2003 without subse- or regulation, funds transferred from the De- care facility, have planning documents meet- quent charges billed to the agency: Provided partment of Housing and Urban Development ing Indian Health Service requirements pre- further, That funds available for the Indian to the Indian Health Service shall be admin- pared for approval by the Service and can Health Care Improvement Fund may be used, istered under Public Law 86–121 (the Indian demonstrate the financial capability needed as needed, to carry out activities typically Sanitation Facilities Act) and Public Law to provide an appropriate facility: Provided 93–638, as amended. funded under the Indian Health Facilities ac- further, That the Indian Health Service shall count: Provided further, That of the amounts Funds appropriated to the Indian Health request additional staffing, operation and Service in this Act, except those used for ad- provided for Indian Health Services, maintenance funds for these facilities in fu- $15,000,000 is provided to the Alaska Federa- ministrative and program direction pur- ture budget requests: Provided further, That poses, shall not be subject to limitations dition of Natives for alcohol control, preven- not to exceed $500,000 shall be used by the In- tion, treatment, sobriety and wellness, of rected at curtailing Federal travel and trans- dian Health Service to purchase TRANSAM portation. which at least $100,000 shall be available for equipment from the Department of Defense an independent third party to conduct an Notwithstanding any other provision of for distribution to the Indian Health Service law, funds previously or herein made avail- evaluation of the program: Provided further, and tribal facilities: Provided further, That That no more than 5 percent may be used by able to a tribe or tribal organization through none of the funds appropriated to the Indian a contract, grant, or agreement authorized any entity receiving funding for administra- Health Service may be used for sanitation fa- tive overhead including indirect costs: Pro- by title I or title III of the Indian Self-Deter- cilities construction for new homes funded mination and Education Assistance Act of vided further, That prior to the release of with grants by the housing programs of the funds to a regional Native non-profit entity, 1975 (25 U.S.C. 450), may be deobligated and U.S. Department of Housing and Urban De- reobligated to a self-determination contract it must enter into an agreement with the re- velopment: Provided further, That not to ex- gional Native health corporation on alloca- under title I, or a self-governance agreement ceed $1,000,000 shall be used by the Indian under title III of such Act and thereafter tion of resources to avoid duplication of ef- Health Service to obtain ambulances for the fort and to foster cooperation. shall remain available to the tribe or tribal Indian Health Service and tribal facilities in organization without fiscal year limitation. INDIAN HEALTH FACILITIES conjunction with an existing interagency None of the funds made available to the In- For construction, repair, maintenance, im- agreement between the Indian Health Serv- dian Health Service in this Act shall be used provement, and equipment of health and re- ice and the General Services Administration: to implement the final rule published in the lated auxiliary facilities, including quarters Provided further, That not to exceed $500,000 Federal Register on September 16, 1987, by for personnel; preparation of plans, specifica- shall be placed in a Demolition Fund, avail- the Department of Health and Human Serv- tions, and drawings; acquisition of sites, pur- able until expended, to be used by the Indian ices, relating to the eligibility for the health chase and erection of modular buildings, and Health Service for demolition of Federal care services of the Indian Health Service purchases of trailers; and for provision of do- buildings: Provided further, That notwith- until the Indian Health Service has sub- mestic and community sanitation facilities standing the provisions of title III, section mitted a budget request reflecting the infor Indians, as authorized by section 7 of the 306, of the Indian Health Care Improvement creased costs associated with the proposed Act of August 5, 1954 (42 U.S.C. 2004a), the In- Act (Public Law 94–437, as amended), con- final rule, and such request has been indian Self-Determination Act, and the Indian struction contracts authorized under title I cluded in an appropriations Act and enacted Health Care Improvement Act, and for ex- of the Indian Self-Determination and Edu- into law. penses necessary to carry out such Acts and cation Assistance Act of 1975, as amended, Funds made available in this Act are to be titles II and III of the Public Health Service may be used rather than grants to fund small apportioned to the Indian Health Service as Act with respect to environmental health ambulatory facility construction projects: appropriated in this Act, and accounted for and facilities support activities of the Indian Provided further, That if a contract is used, in the appropriation structure set forth in Health Service, $374,765,000, to remain avail- the IHS is authorized to improve municipal, this Act. able until expended: Provided, That notwith- private, or tribal lands, and that at no time, With respect to functions transferred by standing any other provision of law, funds during construction or after completion of the Indian Health Service to tribes or tribal

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8218 CONGRESSIONAL RECORD — SENATE September 4, 2002 organizations, the Indian Health Service is tion program, collections acquisition, exhi- Senate Committees on Appropriations in ac- authorized to provide goods and services to bition reinstallation, the National Museum cordance with the procedures contained in those entities, on a reimbursable basis, in- of the American Indian, and the repatriation House Report No. 105–163. cluding payment in advance with subsequent of skeletal remains program shall remain NATIONAL GALLERY OF ART adjustment. The reimbursements received available until expended, and including such SALARIES AND EXPENSES therefrom, along with the funds received funds as may be necessary to support Amer- For the upkeep and operations of the Na- from those entities pursuant to the Indian ican overseas research centers and a total of tional Gallery of Art, the protection and Self-Determination Act, may be credited to $125,000 for the Council of American Overseas care of the works of art therein, and admin- the same or subsequent appropriation ac- Research Centers: Provided, That funds ap- istrative expenses incident thereto, as au- count which provided the funding. Such propriated herein are available for advance thorized by the Act of March 24, 1937 (50 Stat. amounts shall remain available until ex- payments to independent contractors per- 51), as amended by the public resolution of pended. forming research services or participating in April 13, 1939 (Public Resolution 9, Seventy- Reimbursements for training, technical as- official Smithsonian presentations: Provided sixth Congress), including services as author- sistance, or services provided by the Indian further, That the Smithsonian Institution ized by 5 U.S.C. 3109; payment in advance Health Service will contain total costs, in- may expend Federal appropriations des- when authorized by the treasurer of the Gal- cluding direct, administrative, and overhead ignated in this Act for lease or rent pay- lery for membership in library, museum, and associated with the provision of goods, serv- ments for long term and swing space, as rent art associations or societies whose publica- ices, or technical assistance. payable to the Smithsonian Institution, and tions or services are available to members The appropriation structure for the Indian such rent payments may be deposited into only, or to members at a price lower than to Health Service may not be altered without the general trust funds of the Institution to the general public; purchase, repair, and advance approval of the House and Senate the extent that federally supported activities cleaning of uniforms for guards, and uni- Committees on Appropriations. are housed in the 900 H Street, N.W. building forms, or allowances therefor, for other em- OTHER RELATED AGENCIES in the District of Columbia: Provided further, ployees as authorized by law (5 U.S.C. 5901– 5902); purchase or rental of devices and serv- OFFICE OF NAVAJO AND HOPI INDIAN That this use of Federal appropriations shall ices for protecting buildings and contents RELOCATION not be construed as debt service, a Federal guarantee of, a transfer of risk to, or an obli- thereof, and maintenance, alteration, im- SALARIES AND EXPENSES gation of, the Federal Government: Provided provement, and repair of buildings, ap- For necessary expenses of the Office of further, That no appropriated funds may be proaches, and grounds; and purchase of serv- Navajo and Hopi Indian Relocation as au- used to service debt which is incurred to fi- ices for restoration and repair of works of thorized by Public Law 93–531, $14,491,000, to nance the costs of acquiring the 900 H Street art for the National Gallery of Art by con- remain available until expended: Provided, building or of planning, designing, and contracts made, without advertising, with indi- That funds provided in this or any other ap- structing improvements to such building: viduals, firms, or organizations at such rates propriations Act are to be used to relocate Provided further, That from unobligated bal- or prices and under such terms and condi- eligible individuals and groups including ances of prior year appropriations, $14,100,000 tions as the Gallery may deem proper, evictees from District 6, Hopi-partitioned is rescinded. $78,219,000, of which not to exceed $3,026,000 lands residents, those in significantly sub- for the special exhibition program shall re- REPAIR, RESTORATION AND ALTERATION OF standard housing, and all others certified as main available until expended. FACILITIES eligible and not included in the preceding REPAIR, RESTORATION AND RENOVATION OF categories: Provided further, That none of the For necessary expenses of maintenance, re- BUILDINGS pair, restoration, and alteration of facilities funds contained in this or any other Act may For necessary expenses of repair, restora- owned or occupied by the Smithsonian Insti- be used by the Office of Navajo and Hopi In- tion and renovation of buildings, grounds tution, including necessary personnel, by dian Relocation to evict any single Navajo or and facilities owned or occupied by the Na- Navajo family who, as of November 30, 1985, contract or otherwise, as authorized by sec- tional Gallery of Art, by contract or other- was physically domiciled on the lands parti- tion 2 of the Act of August 22, 1949 (63 Stat. wise, as authorized, $16,230,000, to remain tioned to the Hopi Tribe unless a new or re- 623), $81,300,000, to remain available until ex- available until expended: Provided, That con- placement home is provided for such house- pended, of which $16,750,000 is provided for tracts awarded for environmental systems, hold: Provided further, That no relocatee will maintenance, repair, rehabilitation and al- protection systems, and exterior repair or be provided with more than one new or re- teration of facilities at the National Zoolog- renovation of buildings of the National Gal- placement home: Provided further, That the ical Park, and of which not to exceed $100,000 lery of Art may be negotiated with selected Office shall relocate any certified eligible is for services as authorized by 5 U.S.C. 3109: contractors and awarded on the basis of con- relocatees who have selected and received an Provided, That contracts awarded for envi- tractor qualifications as well as price. ronmental systems, protection systems, and approved homesite on the Navajo reservation JOHN F. KENNEDY CENTER FOR THE repair or restoration of facilities of the or selected a replacement residence off the PERFORMING ARTS Smithsonian Institution may be negotiated Navajo reservation or on the land acquired OPERATIONS AND MAINTENANCE pursuant to 25 U.S.C. 640d–10. with selected contractors and awarded on the basis of contractor qualifications as well For necessary expenses for the operation, INSTITUTE OF AMERICAN INDIAN AND ALASKA as price. maintenance and security of the John F. NATIVE CULTURE AND ARTS DEVELOPMENT Kennedy Center for the Performing Arts, CONSTRUCTION PAYMENT TO THE INSTITUTE $16,310,000. For necessary expenses for construction of For payment to the Institute of American CONSTRUCTION the National Museum of the American In- Indian and Alaska Native Culture and Arts For necessary expenses for capital repair dian, including necessary personnel, Development, as authorized by title XV of and restoration of the existing features of $20,000,000, to remain available until ex- Public Law 99–498, as amended (20 U.S.C. 56 the building and site of the John F. Kennedy pended. part A), $5,130,000, of which $1,000,000 shall re- Center for the Performing Arts, $17,600,000, main available until expended for construc- ADMINISTRATIVE PROVISIONS, SMITHSONIAN to remain available until expended. INSTITUTION tion of the Library Technology Center. WOODROW WILSON INTERNATIONAL CENTER FOR SMITHSONIAN INSTITUTION None of the funds in this or any other Act SCHOLARS may be used to make any changes to the ex- SALARIES AND EXPENSES SALARIES AND EXPENSES isting Smithsonian science programs includ- For expenses necessary in carrying out the (INCLUDING RESCISSION) ing closure of facilities, relocation of staff or provisions of the Woodrow Wilson Memorial For necessary expenses of the Smithsonian redirection of functions and programs with- Act of 1968 (82 Stat. 1356) including hire of Institution, as authorized by law, including out approval from the Board of Regents of passenger vehicles and services as authorized research in the fields of art, science, and his- recommendations received from the Science by 5 U.S.C. 3109, $8,488,000. tory; development, preservation, and docu- Commission. mentation of the National Collections; pres- None of the funds in this or any other Act NATIONAL FOUNDATION ON THE ARTS AND THE entation of public exhibits and perform- may be used to initiate the design for any HUMANITIES ances; collection, preparation, dissemina- proposed expansion of current space or new NATIONAL ENDOWMENT FOR THE ARTS tion, and exchange of information and publi- facility without consultation with the House GRANTS AND ADMINISTRATION cations; conduct of education, training, and and Senate Appropriations Committees. For necessary expenses to carry out the museum assistance programs; maintenance, None of the funds in this or any other Act National Foundation on the Arts and the Hu- alteration, operation, lease (for terms not to may be used for the Holt House located at manities Act of 1965, as amended, $118,489,000, exceed 30 years), and protection of buildings, the National Zoological Park in Washington, shall be available to the National Endow- facilities, and approaches; not to exceed D.C., unless identified as repairs to minimize ment for the Arts for the support of projects $100,000 for services as authorized by 5 U.S.C. water damage, monitor structure movement, and productions in the arts through assist- 3109; up to five replacement passenger vehi- or provide interim structural support. ance to organizations and individuals pursu- cles; purchase, rental, repair, and cleaning of None of the funds available to the Smith- ant to sections 5(c) and 5(g) of the Act, in- uniforms for employees, $450,760,000, of which sonian may be reprogrammed without the cluding $19,000,000 for support of arts edu- not to exceed $43,884,000 for the instrumenta- advance written approval of the House and cation and public outreach activities

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8219 through the Challenge America program, for sion will be compensated at a rate not to ex- under sections 2325 and 2326 of the Revised program support, and for administering the ceed the daily equivalent of the annual rate Statutes (30 U.S.C. 29 and 30) for vein or lode functions of the Act, to remain available of pay for positions at level IV of the Execu- claims and sections 2329, 2330, 2331, and 2333 until expended: Provided, That funds pre- tive Schedule for each day such member is of the Revised Statutes (30 U.S.C. 35, 36, and viously appropriated to the National Endow- engaged in the actual performance of duties. 37) for placer claims, and section 2337 of the ment for the Arts ‘‘Matching Grants’’ ac- UNITED STATES HOLOCAUST MEMORIAL Revised Statutes (30 U.S.C. 42) for mill site count may be transferred to and merged with MUSEUM claims, as the case may be, were fully com- this account. plied with by the applicant by that date. HOLOCAUST MEMORIAL MUSEUM (c) REPORT.—On September 30, 2003, the NATIONAL ENDOWMENT FOR THE HUMANITIES For expenses of the Holocaust Memorial Secretary of the Interior shall file with the GRANTS AND ADMINISTRATION Museum, as authorized by Public Law 106–292 House and Senate Committees on Appropria- For necessary expenses to carry out the (36 U.S.C. 2301–2310), $38,663,000, of which tions and the Committee on Resources of the National Foundation on the Arts and the Hu- $1,900,000 for the museum’s repair and reha- House of Representatives and the Committee manities Act of 1965, as amended, $111,632,000, bilitation program and $1,264,000 for the mu- on Energy and Natural Resources of the Sen- shall be available to the National Endow- seum’s exhibitions program shall remain ate a report on actions taken by the Depart- ment for the Humanities for support of ac- available until expended. ment under the plan submitted pursuant to tivities in the humanities, pursuant to sec- PRESIDIO TRUST section 314(c) of the Department of the Inte- tion 7(c) of the Act, and for administering PRESIDIO TRUST FUND rior and Related Agencies Appropriations the functions of the Act, to remain available Act, 1997 (Public Law 104–208). For necessary expenses to carry out title I until expended. (d) MINERAL EXAMINATIONS.—In order to of the Omnibus Parks and Public Lands Man- MATCHING GRANTS process patent applications in a timely and agement Act of 1996, $21,327,000 shall be responsible manner, upon the request of a To carry out the provisions of section available to the Presidio Trust, to remain patent applicant, the Secretary of the Inte- 10(a)(2) of the National Foundation on the available until expended. rior shall allow the applicant to fund a quali- Arts and the Humanities Act of 1965, as TITLE III—GENERAL PROVISIONS fied third-party contractor to be selected by amended, $16,122,000, to remain available SEC. 301. The expenditure of any appropria- the Bureau of Land Management to conduct until expended, of which $10,436,000 shall be tion under this Act for any consulting serv- a mineral examination of the mining claims available to the National Endowment for the ice through procurement contract, pursuant or mill sites contained in a patent applica- Humanities for the purposes of section 7(h): to 5 U.S.C. 3109, shall be limited to those tion as set forth in subsection (b). The Bu- Provided, That this appropriation shall be contracts where such expenditures are a reau of Land Management shall have the sole available for obligation only in such matter of public record and available for responsibility to choose and pay the third- amounts as may be equal to the total public inspection, except where otherwise party contractor in accordance with the amounts of gifts, bequests, and devises of provided under existing law, or under exist- standard procedures employed by the Bureau money, and other property accepted by the ing Executive Order issued pursuant to exist- of Land Management in the retention of chairman or by grantees of the Endowment ing law. third-party contractors. under the provisions of subsections SEC. 302. No part of any appropriation con- SEC. 309. Notwithstanding any other provi- 11(a)(2)(B) and 11(a)(3)(B) during the current tained in this Act shall be available for any sion of law, amounts appropriated to or ear- and preceding fiscal years for which equal activity or the publication or distribution of marked in committee reports for the Bureau amounts have not previously been appro- literature that in any way tends to promote of Indian Affairs and the Indian Health Serv- priated. public support or opposition to any legisla- ice by Public Laws 103–138, 103–332, 104–134, ADMINISTRATIVE PROVISION tive proposal on which congressional action 104–208, 105–83, 105–277, 106–113, 106–291, and None of the funds appropriated to the Na- is not complete. 107–63 for payments to tribes and tribal orga- tional Foundation on the Arts and the Hu- SEC. 303. No part of any appropriation con- nizations for contract support costs associ- manities may be used to process any grant tained in this Act shall remain available for ated with self-determination or self-govern- or contract documents which do not include obligation beyond the current fiscal year un- ance contracts, grants, compacts, or annual the text of 18 U.S.C. 1913: Provided, That none less expressly so provided herein. funding agreements with the Bureau of In- of the funds appropriated to the National SEC. 304. None of the funds provided in this dian Affairs or the Indian Health Service as Foundation on the Arts and the Humanities Act to any department or agency shall be ob- funded by such Acts, are the total amounts may be used for official reception and rep- ligated or expended to provide a personal available for fiscal years 1994 through 2002 resentation expenses: Provided further, That cook, chauffeur, or other personal servants for such purposes, except that, for the Bu- funds from nonappropriated sources may be to any officer or employee of such depart- reau of Indian Affairs, tribes and tribal orga- used as necessary for official reception and ment or agency except as otherwise provided nizations may use their tribal priority allo- representation expenses. by law. cations for unmet indirect costs of ongoing SEC. 305. No assessments may be levied contracts, grants, self-governance compacts COMMISSION OF FINE ARTS against any program, budget activity, sub- or annual funding agreements. SALARIES AND EXPENSES activity, or project funded by this Act unless SEC. 310. Notwithstanding any other provi- For expenses made necessary by the Act advance notice of such assessments and the sion of law, for fiscal year 2003 the Secre- establishing a Commission of Fine Arts (40 basis therefor are presented to the Commit- taries of Agriculture and the Interior are au- U.S.C. 104), $1,224,000: Provided, That the tees on Appropriations and are approved by thorized to limit competition for watershed Commission is authorized to charge fees to such committees. restoration project contracts as part of the cover the full costs of its publications, and SEC. 306. None of the funds in this Act may ‘‘Jobs in the Woods’’ Program established in such fees shall be credited to this account as be used to plan, prepare, or offer for sale tim- Region 10 of the Forest Service to individ- an offsetting collection, to remain available ber from trees classified as giant sequoia uals and entities in historically timber-de- until expended without further appropria- (Sequoiadendron giganteum) which are lo- pendent areas in the States of Washington, tion. cated on National Forest System or Bureau Oregon, northern California, Idaho, Mon- NATIONAL CAPITAL ARTS AND CULTURAL of Land Management lands in a manner dif- tana, and Alaska that have been affected by AFFAIRS ferent than such sales were conducted in fis- reduced timber harvesting on Federal lands. cal year 2002. The Secretaries shall consider the benefits For necessary expenses as authorized by SEC. 307. None of the funds made available to the local economy in evaluating bids and Public Law 99–190 (20 U.S.C. 956(a)), as by this Act may be obligated or expended by designing procurements which create eco- amended, $7,000,000. the National Park Service to enter into or nomic opportunities for local contractors. ADVISORY COUNCIL ON HISTORIC implement a concession contract which per- SEC. 311. Of the funds provided to the Na- PRESERVATION mits or requires the removal of the under- tional Endowment for the Arts— SALARIES AND EXPENSES ground lunchroom at the Carlsbad Caverns (1) The Chairperson shall only award a For necessary expenses of the Advisory National Park. grant to an individual if such grant is award- Council on Historic Preservation (Public SEC. 308. (a) LIMITATION OF FUNDS.—None of ed to such individual for a literature fellow- Law 89–665, as amended), $4,000,000: Provided, the funds appropriated or otherwise made ship, National Heritage Fellowship, or Amer- That none of these funds shall be available available pursuant to this Act shall be obli- ican Jazz Masters Fellowship. for compensation of level V of the Executive gated or expended to accept or process appli- (2) The Chairperson shall establish proce- Schedule or higher positions. cations for a patent for any mining or mill dures to ensure that no funding provided site claim located under the general mining through a grant, except a grant made to a NATIONAL CAPITAL PLANNING COMMISSION laws. State or local arts agency, or regional group, SALARIES AND EXPENSES (b) EXCEPTIONS.—The provisions of sub- may be used to make a grant to any other For necessary expenses, as authorized by section (a) shall not apply if the Secretary of organization or individual to conduct activ- the National Capital Planning Act of 1952 (40 the Interior determines that, for the claim ity independent of the direct grant recipient. U.S.C. 71–71i), including services as author- concerned: (1) a patent application was filed Nothing in this subsection shall prohibit ized by 5 U.S.C. 3109, $7,253,000: Provided, with the Secretary on or before September payments made in exchange for goods and That all appointed members of the Commis- 30, 1994; and (2) all requirements established services.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8220 CONGRESSIONAL RECORD — SENATE September 4, 2002 (3) No grant shall be used for seasonal sup- istrative functions unless such functions are presented to the Forest Service documenta- port to a group, unless the application is spe- justified in the budget process and funding is tion of the inability to sell western redcedar cific to the contents of the season, including approved by the House and Senate Commit- logs from a given sale to domestic Alaska identified programs and/or projects. tees on Appropriations. processors at a price equal to or greater than SEC. 312. The National Endowment for the SEC. 316. Notwithstanding any other provi- the log selling value stated in the contract. Arts and the National Endowment for the sion of law, none of the funds in this Act All additional western redcedar volume not Humanities are authorized to solicit, accept, may be used for GSA Telecommunication sold to Alaska or contiguous 48 United receive, and invest in the name of the United Centers. States domestic processors may be exported States, gifts, bequests, or devises of money SEC. 317. None of the funds in this Act may to foreign markets at the election of the and other property or services and to use be used for planning, design or construction timber sale holder. All Alaska yellow cedar such in furtherance of the functions of the of improvements to Pennsylvania Avenue in may be sold at prevailing export prices at National Endowment for the Arts and the front of the White House without the ad- the election of the timber sale holder. National Endowment for the Humanities. vance approval of the House and Senate SEC. 320. A project undertaken by the For- Any proceeds from such gifts, bequests, or Committees on Appropriations. est Service under the Recreation Fee Dem- devises, after acceptance by the National En- SEC. 318. Amounts deposited during fiscal onstration Program as authorized by section dowment for the Arts or the National En- year 2002 in the roads and trails fund pro- 315 of the Department of the Interior and Re- dowment for the Humanities, shall be paid vided for in the 14th paragraph under the lated Agencies Appropriations Act for Fiscal by the donor or the representative of the heading ‘‘FOREST SERVICE’’ of the Act of Year 1996, as amended, shall not result in— donor to the Chairman. The Chairman shall March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), (1) displacement of the holder of an author- enter the proceeds in a special interest-bear- shall be used by the Secretary of Agri- ization to provide commercial recreation ing account to the credit of the appropriate culture, without regard to the State in services on Federal lands. Prior to initiating endowment for the purposes specified in each which the amounts were derived, to repair or any project, the Secretary shall consult with case. reconstruct roads, bridges, and trails on Na- potentially affected holders to determine SEC. 313. (a) In providing services or award- tional Forest System lands or to carry out what impacts the project may have on the ing financial assistance under the National and administer projects to improve forest holders. Any modifications to the authoriza- Foundation on the Arts and the Humanities health conditions, which may include the re- tion shall be made within the terms and con- Act of 1965 from funds appropriated under pair or reconstruction of roads, bridges, and ditions of the authorization and authorities this Act, the Chairperson of the National En- trails on National Forest System lands in of the impacted agency. dowment for the Arts shall ensure that pri- the wildland-community interface where (2) the return of a commercial recreation ority is given to providing services or award- there is an abnormally high risk of fire. The service to the Secretary for operation when ing financial assistance for projects, produc- projects shall emphasize reducing risks to such services have been provided in the past tions, workshops, or programs that serve un- human safety and public health and property by a private sector provider, except when— derserved populations. and enhancing ecological functions, long- (A) the private sector provider fails to bid (b) In this section: term forest productivity, and biological in- on such opportunities; (1) The term ‘‘underserved population’’ tegrity. The projects may be completed in a (B) the private sector provider terminates means a population of individuals, including subsequent fiscal year. Funds shall not be its relationship with the agency; or urban minorities, who have historically been expended under this section to replace funds (C) the agency revokes the permit for non- outside the purview of arts and humanities which would otherwise appropriately be ex- compliance with the terms and conditions of programs due to factors such as a high inci- pended from the timber salvage sale fund. the authorization. dence of income below the poverty line or to Nothing in this section shall be construed to In such cases, the agency may use the geographic isolation. exempt any project from any environmental Recreation Fee Demonstration Program to (2) The term ‘‘poverty line’’ means the pov- law. provide for operations until a subsequent op- erty line (as defined by the Office of Manage- SEC. 319. No timber sale in Region 10 shall erator can be found through the offering of a ment and Budget, and revised annually in ac- be advertised if the indicated rate is deficit new prospectus. cordance with section 673(2) of the Commu- when appraised using a residual value ap- SEC. 321. REVISION OF FOREST PLANS. Prior nity Services Block Grant Act (42 U.S.C. proach that assigns domestic Alaska values to October 1, 2003, the Secretary of Agri- 9902(2))) applicable to a family of the size infor western redcedar. Program accomplish- culture shall not be considered to be in viola- volved. ments shall be based on volume sold. Should tion of subparagraph 6(f)(5)(A) of the Forest (c) In providing services and awarding fi- Region 10 sell, in fiscal year 2003, the annual and Rangeland Renewable Resources Plan- nancial assistance under the National Foun- average portion of the decadal allowable sale ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely dation on the Arts and Humanities Act of quantity called for in the current Tongass because more than 15 years have passed 1965 with funds appropriated by this Act, the Land Management Plan in sales which are without revision of the plan for a unit of the Chairperson of the National Endowment for not deficit when appraised using a residual National Forest System. Nothing in this sec- the Arts shall ensure that priority is given value approach that assigns domestic Alaska tion exempts the Secretary from any other to providing services or awarding financial values for western redcedar, all of the west- requirement of the Forest and Rangeland Re- assistance for projects, productions, work- ern redcedar timber from those sales which newable Resources Planning Act (16 U.S.C. shops, or programs that will encourage pub- is surplus to the needs of domestic proc- 1600 et seq.) or any other law: Provided, That lic knowledge, education, understanding, and essors in Alaska, shall be made available to if the Secretary is not acting expeditiously appreciation of the arts. domestic processors in the contiguous 48 and in good faith, within the funding avail- (d) With funds appropriated by this Act to United States at prevailing domestic prices. able, to revise a plan for a unit of the Na- carry out section 5 of the National Founda- Should Region 10 sell, in fiscal year 2003, less tional Forest System, this section shall be tion on the Arts and Humanities Act of than the annual average portion of the void with respect to such plan and a court of 1965— decadal allowable sale quantity called for in proper jurisdiction may order completion of (1) the Chairperson shall establish a grant the Tongass Land Management Plan in sales the plan on an accelerated basis. category for projects, productions, work- which are not deficit when appraised using a SEC. 322. No funds provided in this Act may shops, or programs that are of national im- residual value approach that assigns domes- be expended to conduct preleasing, leasing pact or availability or are able to tour sev- tic Alaska values for western redcedar, the and related activities under either the Min- eral States; volume of western redcedar timber available eral Leasing Act (30 U.S.C. 181 et seq.) or the (2) the Chairperson shall not make grants to domestic processors at prevailing domes- Outer Continental Shelf Lands Act (43 U.S.C. exceeding 15 percent, in the aggregate, of tic prices in the contiguous 48 United States 1331 et seq.) within the boundaries of a Na- such funds to any single State, excluding shall be that volume: (i) which is surplus to tional Monument established pursuant to grants made under the authority of para- the needs of domestic processors in Alaska, the Act of June 8, 1906 (16 U.S.C. 431 et seq.) graph (1); and (ii) is that percent of the surplus western as such boundary existed on January 20, 2001, (3) the Chairperson shall report to the Con- redcedar volume determined by calculating except where such activities are allowed gress annually and by State, on grants the ratio of the total timber volume which under the Presidential proclamation estab- awarded by the Chairperson in each grant has been sold on the Tongass to the annual lishing such monument. category under section 5 of such Act; and average portion of the decadal allowable sale SEC. 323. Section 347(a) of the Department (4) the Chairperson shall encourage the use quantity called for in the current Tongass of the Interior and Related Agencies Appro- of grants to improve and support commu- Land Management Plan. The percentage priations Act, 1999, as included in Public Law nity-based music performance and edu- shall be calculated by Region 10 on a rolling 105–277 is amended by striking ‘‘2004’’ and in- cation. basis as each sale is sold (for purposes of this serting ‘‘2005’’. The authority to enter into SEC. 314. No part of any appropriation con- amendment, a ‘‘rolling basis’’ shall mean stewardship and end result contracts pro- tained in this Act shall be expended or obli- that the determination of how much western vided to the Forest Service in accordance gated to complete and issue the 5-year pro- redcedar is eligible for sale to various mar- with section 347 of title III of section 101(e) gram under the Forest and Rangeland Re- kets shall be made at the time each sale is of division A of Public Law 105–277 is hereby newable Resources Planning Act. awarded). Western redcedar shall be deemed expanded to authorize the Forest Service to SEC. 315. None of the funds in this Act may ‘‘surplus to the needs of domestic processors enter into an additional 28 contracts subject be used to support Government-wide admin- in Alaska’’ when the timber sale holder has to the same terms and conditions as provided

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8221 in that section: Provided, That of the addi- of the Interior (the ‘‘Secretaries’’) may, in On page 14, line 26, strike ‘‘$89,055,000’’ and tional contracts authorized by this section evaluating bids and proposals, give consider- insert ‘‘$88,555,000’’. at least 9 shall be allocated to Region 1. ation to local contractors who are from, and On page 15, line 5, insert ‘‘, of which SEC. 324. Employees of the foundations es- who provide employment and training for, $500,000 shall be made available for the tablished by Acts of Congress to solicit pri- dislocated and displaced workers in an eco- Lower Rio Grande Valley National Wildlife vate sector funds on behalf of Federal land nomically disadvantaged rural community, Refuge’’ before the colon. management agencies shall, beginning in fis- including those historically timber-depend- cal year 2004, qualify for General Service Ad- ent areas that have been affected by reduced SA 4477. Mr. CRAPO submitted an ministration contract airfares. timber harvesting on Federal lands and amendment intended to be proposed to SEC. 325. In entering into agreements with other forest-dependent rural communities amendment SA 4472 proposed by Mr. foreign countries pursuant to the Wildfire isolated from significant alternative employ- BYRD to the bill H.R. 5093, making ap- Suppression Assistance Act (42 U.S.C. 1856m) ment opportunities: Provided, That the con- the Secretary of Agriculture and the Sec- tract is for forest hazardous fuels reduction, propriations for the Department of the retary of the Interior are authorized to enter watershed or water quality monitoring or Interior and related agencies for the into reciprocal agreements in which the indi- restoration, wildlife or fish population moni- fiscal year ending September 30, 2003, viduals furnished under said agreements to toring, or habitat restoration or manage- and for other purposes; which was or- provide wildfire services are considered, for ment: Provided further, That the terms ‘‘rural dered to lie on the table; as follows: purposes of tort liability, employees of the community’’ and ‘‘economically disadvan- On page 73, line 6, strike ‘‘such Act’’ and country receiving said services when the in- taged’’ shall have the same meanings as in insert ‘‘such Act, of which not less than dividuals are fighting fires. The Secretary of section 2374 of Public Law 101–624: Provided $3,000,000 shall be made available to acquire Agriculture or the Secretary of the Interior further, That the Secretaries shall develop scenic and conservation easements for the shall not enter into any agreement under guidance to implement this section: Provided Sawtooth National Recreation Area in the this provision unless the foreign country (ei- further, That nothing in this section shall be State of Idaho’’. ther directly or through its fire organiza- construed as relieving the Secretaries of any tion) agrees to assume any and all liability duty under applicable procurement laws, ex- for the acts or omissions of American fire- SA 4478. Mr. CRAPO submitted an cept as provided in this section. amendment intended to be proposed to fighters engaged in firefighting in a foreign This Act may be cited as the ‘‘Department country. When an agreement is reached for of the Interior and Related Agencies Appro- amendment SA 4472 proposed by Mr. furnishing fire fighting services, the only priations Act, 2003’’. BYRD to the bill H.R. 5093, making ap- remedies for acts or omissions committed propriations for the Department of the while fighting fires shall be those provided SA 4473. Mr. BYRD (for himself and Interior and related agencies for the under the laws of the host country and those Mr. BURNS) proposed an amendment to fiscal year ending September 30, 2003, remedies shall be the exclusive remedies for amendment SA 4472 proposed by Mr. any claim arising out of fighting fires in a and for other purposes; which was or- foreign country. Neither the sending country BYRD to the bill H.R. 5093, making ap- dered to lie on the table; as follows: nor any organization associated with the propriations for the Department of the On page 5, line 23, before the period, insert firefighter shall be subject to any action Interior and related agencies for the the following: ‘‘: Provided further, That the whatsoever pertaining to or arising out of fiscal year ending September 30, 2003, Secretary of the Interior may use wildland fighting fires. and for other purposes; as follows: fire appropriations to enter into non-competitive sole source leases of real property SEC. 326. A grazing permit or lease issued At the end of Title I, add the following new with local governments, at or below fair by the Secretary of the Interior or a grazing section: market value, to construct capitalized im- permit issued by the Secretary of Agri- ‘‘SEC. . Hereafter, the Department of the culture where National Forest System lands Interior National Business Center may con- provements for fire facilities on such leased are involved that expires, is transferred, or tinue to enter into grants, cooperative agree- properties, including fire guard stations, re- waived during fiscal year 2003 shall be re- ments, and other transactions, under the De- tardant stations, and other initial attack newed under Section 402 of the Federal Land fense Conversion, Reinvestment, and Transi- and fire support facilities, and to make ad- Policy and Management Act of 1976, as tion Assistance Act of 1992, and other related vance payments for any such lease or for amended (43 U.S.C. 1752), Section 19 of the legislation.’’ construction activity associated with the Granger-Thye Act, as amended (16 U.S.C. lease’’. 580l), or, if applicable, section 510 of the Cali- SA 4474. Mr. BYRD proposed an fornia Desert Protection Act (16 U.S.C. amendment to amendment SA 4472 pro- SA 4479. Mr. SMITH of New Hamp- 410aaa–50). The terms and conditions con- posed by Mr. BYRD to the bill H.R. 5093, shire (for himself, Ms. STABENOW, Mr. tained in the expired, transferred, or waived making appropriations for the Depart- LEVIN, and Mr. KERRY) submitted an permit or lease shall continue in effect under ment of the Interior and related agen- amendment intended to be proposed to the renewed permit or lease until such time amendment SA 4472 proposed by Mr. as the Secretary of the Interior or Secretary cies for the fiscal year ending Sep- of Agriculture as appropriate completes tember 30, 2003, and for other purposes; BYRD to the bill H.R. 5093, making ap- processing of such permit or lease in compli- as follows: propriations for the Department of the ance with all applicable laws and regula- On page 83, line 13, strike ‘‘$650,965,000’’ and Interior and related agencies for the tions, at which time such permit or lease insert in lieu thereof ‘‘$640,965,000’’. fiscal year ending September 30, 2003, may be canceled, suspended or modified, in and for other purposes; which was or- whole or in part, to meet the requirements of SA 4475. Mr. BYRD proposed an dered to lie on the table; as follows: such applicable laws and regulations. Noth- amendment to amendment SA 4472 pro- On page 86, line 2, before the period, insert ing in this section shall be deemed to alter posed by Mr. BYRD to the bill H.R. 5093, the following: ‘‘: Provided further, That the statutory authority of the Secretary of making appropriations for the Depart- $4,000,000 shall be made available to carry the Interior or the Secretary of Agriculture: ment of the Interior and related agen- out programs to demonstrate proton ex- Provided, That where National Forest Sys- cies for the fiscal year ending Sep- change membrane fuel cell-based ground sup- tem lands are involved and the Secretary of port equipment at Manchester Airport, New Agriculture has renewed an expired or tember 30, 2003, and for other purposes; Hampshire, Logan International Airport, waived grazing permit prior to fiscal year as follows: Massachusetts, and Detroit Metro Airport, 2003 under the authority of Section 504 of the On page 26, line 15, strike ‘‘315’’ and insert Michigan’’. Rescissions Act of 1995 (Public Law 104–19), in lieu thereof ‘‘301’’. the terms and conditions of the renewed SA 4480. Mr. BYRD (for himself, Mr. SA 4476. Mrs. HUTCHISON submitted grazing permit shall remain in effect until BURNS, Mr. STEVENS, Mr. REID, Mr. such time as the Secretary of Agriculture an amendment intended to be proposed DOMENICI, Mrs. MURRAY, Mr. CRAIG, Mr. completes processing of the renewed permit by her to the bill H.R. 5093, making ap- WYDEN, Mr. KYL, Mr. BAUCUS, and Mr. in compliance with all applicable laws and propriations for the Department of the CAMPBELL) proposed an amendment to regulations or until the expiration of the re- Interior and related agencies for the amendment SA 4472 proposed by Mr. newed permit, whichever comes first. Upon fiscal year ending September 30, 2003, completion of the processing, the permit BYRD to the bill H.R. 5093, making ap- and for other purposes; which was or- may be canceled, suspended or modified, in propriations for the Department of the dered to lie on the table; as follows: whole or in part, to meet the requirements of Interior and related agencies for the applicable laws and regulations. Nothing in On page 14, lines 11 and 12, strike fiscal year ending September 30, 2003, ‘‘$42,182,000, to remain available until ex- this section shall be deemed to alter the Sec- and for other purposes; which was or- retary of Agriculture’s statutory authority. pended:’’ and insert ‘‘$42,682,000, to remain SEC. 327. In awarding a Federal Contract available until expended, of which $500,000 dered to lie on the table; as follows: with funds made available by this Act, the shall be made available for the World On page 127, line 2, immediately following Secretary of Agriculture and the Secretary Birding Center in Mission, Texas:’’. the ‘‘.’’ insert the following:

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8222 CONGRESSIONAL RECORD — SENATE September 4, 2002 TITLE IV—WILDLAND FIRE EMERGENCY in the same manner as provided under sec- it included in an Act other than an appro- APPROPRIATIONS tion 815 of the Agriculture, Rural Develop- priations Act shall be treated as direct DEPARTMENT OF THE INTERIOR ment, Food and Drug Administration, and spending or receipts legislation, as appro- BURAU OF LAND MANAGEMENT Related Agencies Appropriations Act, 2001 priate, under section 252 of the Balanced (Public Law 106–387; 114 Stat. 1549A–55), in- Budget and Emergency Deficit Control Act WILDLAND FIRE MANAGEMENT cluding using the same loss thresholds for of 1985, and by the Chairman of the Senate For necessary expenses to repay prior year the quantity and quality losses as were used Budget Committee, as appropriate, under the advances from other appropriations trans- in administering that section. Congressional Budget Act. ferred for emergency rehabilitation or wildfire suppression by the Department of the In- SEC. ll02. LIVESTOCK ASSISTANCE PROGRAM. (a) IN GENERAL.—The Secretary shall use SA 4482. Mr. MURKOWSKI submitted terior, $189,000,000, to be available imme- an amendment intended to be proposed diately upon enactment of this Act and to such sums as are necessary of funds of the remain available until expended: Provided, Commodity Credit Corporation as are nec- by him to the bill H.R. 5005, to estab- that the Secretary of the Interior shall cer- essary to make and administer payments for lish the Department of Homeland Secu- tify in writing to the House and Senate Com- livestock losses to producers for 2001 and 2002 rity, and for other purposes; which was mittees on Appropriation within 30 days of losses in a county that has received an emer- ordered to lie on the table; as follows: gency designation by the President or the receiving funds under this title which appro- At the appropriate place, insert the fol- Secretary after January 1, 2001, and January priations accounts from which funds were lowing: advanced in fiscal year 2002 for emergency 1, 2002, respectively, of which an amount determined by the Secretary shall be made SEC. ll. AGE AND OTHER LIMITATIONS. rehabilitation or wildfire suppression have (a) GENERAL.—Notwithstanding any other been repaid and the amount of repayment: available for the American Indian livestock program under section 806 of the Agri- provision of law, beginning on the date that Provided, further, That the entire amount is is 6 months after the date of enactment of designated by the Congress as an emergency culture, Rural Development, Food and Drug Administration, and Related Agencies Ap- this Act— requirement pursuant to section 251(b)(2)(A) (1) section 121.383(c) of title 14, Code of Fed- of the Balanced Budget and Emergency Def- propriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–51). eral Regulations, shall not apply; icit Control Act of 1985, as amended. (2) no certificate holder may use the serv- (b) ADMINISTRATION.—The Secretary shall RELATED AGENCY make assistance available under this section ices of any person as a pilot on an airplane DEPARTMENT OF AGRICULTURE in the same manner as provided under sec- engaged in operations under part 121 of title FOREST SERVICE tion 806 of the Agriculture, Rural Develop- 14, Code of Federal Regulations, if that per- WILDLAND FIRE MANAGEMENT ment, Food and Drug Administration, and son is 63 years of age or older; and (3) no person may serve as a pilot on an For necessary expenses to repay prior year Related Agencies Appropriations Act, 2001 airplane engaged in operations under part 121 advances from appropriations accounts from (Public Law 105–277; 114 Stat. 1549A–51). of title 14, Code of Federal Regulations, if which funds were borrowed for wildfire sup- SEC. ll03. COMMODITY CREDIT CORPORATION. that person is 63 years of age or older. pression, $636,000,000, to be available imme- The Secretary shall use the funds, facili- (b) CERTIFICATE HOLDER.—For purposes of diately upon enactment of this Act and to ties, and authorities of the Commodity Cred- this section, the term ‘‘certificate holder’’ remain available until expended: Provided, it Corporation to carry out this title upon means a holder of a certificate to operate as that the Secretary of Agriculture shall cer- enactment. an air carrier or commercial operator issued tify in writing to the House and Senate Com- SEC. ll04. REGULATIONS. by the Federal Aviation Administration. mittees on Appropriation within 30 days of (a) IN GENERAL.—The Secretary may pro- (c) RESERVATION OF SAFETY AUTHORITY.— receiving funds under this title which appro- mulgate such regulations as are necessary to Nothing in this section is intended to change priations accounts from which funds were implement this title. the authority of the Federal Aviation Ad- advanced in fiscal year 2002 for wildfire sup- (b) PROCEDURE.—The promulgation of the ministration to take steps to ensure the pression have been repaid and the amount of regulations and administration of this title safety of air transportation operations in- repayment: Provided, further, That the entire shall be made without regard to— volving a pilot who has reached the age of 60, amount is designated by the Congress as an (1) the notice and comment provisions of including its authority— emergency requirement pursuant to section section 553 of title 5, United States Code; (1) to require such a pilot to undergo addi- 251(b)(2)(A) of the Balanced Budget and (2) the Statement of Policy of the Sec- tional or more stringent medical, cognitive, Emergency Deficit Control Act of 1985, as retary of Agriculture effective July 24, 1971 or proficiency testing in order to retain cer- amended. (36 Fed. Reg. 13804), relating to notices of tification; or SA 4481. Mr. DASCHLE, (for himself, proposed rulemaking and public participa- (2) to establish crew pairing standards for tion in rulemaking; and crews with such a pilot. Mr. BAUCUS, Mr. JOHNSON, Mr. HARKIN, (3) chapter 35 of title 44, United States Mrs. CARNAHAN, Mr. BURNS, Mr. DOR- Code (commonly known as the ‘‘Paperwork SA 4483. Mr. MURKOWSKI submitted GAN, Mr. NELSON of Nebraska, Ms. STA- Reduction Act’’). an amendment intended to be proposed BENOW, Mr. LEVIN, Mrs. CLINTON, Mrs. (c) CONGRESSIONAL REVIEW OF AGENCY by him to the bill H.R. 5005, to estab- LINCOLN, Mr. CONRAD, Mr. WELLSTONE, RULEMAKING.—In carrying out this section, lish the Department of Homeland Secu- Mr. DAYTON, Mr. SCHUMER, Mr. REID, the Secretary shall use the authority pro- rity, and for other purposes; which was Mr. BYRD, Mr. EDWARDS, Mr. HATCH, vided under section 808 of title 5, United States Code. ordered to lie on the table; as follows: Mr. BINGAMAN, Mr. CLELAND and Mr. SEC. ll05. EMERGENCY DESIGNATION. At the appropriate place, insert the fol- ENZI) proposed an amendment to lowing: amendment SA 4472 proposed by Mr. (a) IN GENERAL.—The entire amount made available under this title shall be available SEC. . FOOD AND DRINKING WATER SUPPLY SE- CURITY PROGRAM. BYRD to the bill H.R. 5093, making ap- only to the extent that the President sub- (a) FINDINGS.—Congress finds that— propriations for the Department of the mits to Congress an official budget request (1) section 413 of the Robert T. Stafford Interior and related agencies for the for a specific dollar amount that includes Disaster Relief and Emergency Assistance fiscal year ending September 30, 2003, designation of the entire amount of the re- Act (42 U.S.C. 5180) authorizes the purchase quest as an emergency requirement for the and for other purposes; as follows: of food commodities to provide adequate sup- At the appropriate place, insert the fol- purposes of the Balanced Budget and Emer- plies of food for use in any area of the United lowing: gency Deficit Control Act of 1985 (2 U.S.C. 900 States in the event of a major disaster or et seq.). TITLE ll—EMERGENCY AGRICULTURAL emergency in the area; (b) DESIGNATION.—The entire amount made DISASTER ASSISTANCE (2) the current terrorist threat was not en- available under this section is designated by SEC. ll01. CROP DISASTER ASSISTANCE. visioned when that Act was enacted, and the Congress as an emergency requirement under (a) IN GENERAL.—Notwithstanding section Act does not specifically require sections 251(b)(2)(A) and 252(e) of that Act (2 508(b)(7) of the Federal Crop Insurance Act (7 prepositioning of food supplies; U.S.C. 1508(b)(7)), the Secretary of Agri- U.S.C. 901(b)(2)(A), 902(e)). (3) the maintenance of safe food and drink- culture (referred to in this title as the ‘‘Sec- SEC. . CONGRESSIONAL BUDGET ACT. ing water supplies is essential; retary’’) shall use such sums as are nec- Notwithstanding Rule 3 of the Budget (4) stored food supplies for major cities are essary of funds of the Commodity Credit Cor- Scorekeeping Guidelines set forth in the minimal; poration to make emergency financial as- joint explanatory statement of the com- (5) if terrorist activity were to disrupt the sistance authorized under this section avail- mittee of conference accompanying Con- transportation system, affect food supplies able to producers on a farm that have in- ference Report 105–217, the provisions of this directly, or create a situation in which a curred qualifying crop losses for the 2001 or section that would have been estimated by quarantine would have to be declared, it 2002 crop due to damaging weather or related the Office of Management and Budget as would require a considerable period of time condition, as determined by the Secretary. changing direct spending or receipts under to ensure delivery of safe food supplies; (b) ADMINISTRATION.—The Secretary shall section 252 of the Balanced Budget and (6) terrorist activity could also disrupt make assistance available under this section Emergency Deficit Control Act of 1985 were drinking water supplies; and

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8223 (7) accordingly, emergency food and drink- SA 4484. Mr. MURKOWSKI submitted dertake activities relating to elements with- ing water repositories should be established an amendment intended to be proposed in the United States. at such locations as will ensure the avail- by him to the bill H.R. 5005, to estab- (b) IDENTIFICATION OF NATIONAL DEFENSE ability of food and drinking water to popu- lish the Department of Homeland Secu- RAILROAD-UTILITY CORRIDOR.— lations in areas that are vulnerable to ter- (1) Within one year from the date of enact- rorist activity. rity, and for other purposes; which was ment of this Act, the Secretary of the Inte- (b) REPORT.— ordered to lie on the table; as follows: rior, in consultation with the Secretary of (1) IN GENERAL.—Not later than 180 days At the appropriate place, insert the fol- Transportation, the State of Alaska and the after the date of enactment of this Act, the lowing: Alaska Railroad Corporation, shall identify a Secretary of Homeland Security shall sub- SEC. . NATIONAL DEFENSE RAIL CONNECTION. proposed national defense railroad-utility mit to Congress a report with information (a) FINDINGS.—Congress finds that— corridor linking the existing corridor of the necessary to the establishment of secure (1) A comprehensive rail transportation Alaska Railroad to the vicinity of the pro- prepositioned emergency supplies of food and network is a key element of an integrated posed National Missile Defense facilities at drinking water for major population centers transportation system for the North Amer- Fort Greely, Alaska. The corridor shall be at for use in the event of a breakdown in the ican continent, and federal leadership is re- least 500 feet wide and shall also identify food supply and delivery chain. quired to address the needs of a reliable, land for such terminals, stations, mainte- (2) CONSIDERATIONS.—The report shall con- safe, and secure rail network, and to connect nance facilities, switching yards, and mate- sider the likelihood of such breakdowns oc- all areas of the United States for national rial sites as are considered necessary. curring from accidents and natural disasters defense and economic development, as pre- (2) The identification of the corridor under as well as terrorist activity. viously done for the interstate highway sys- paragraph (1) shall include information pro- (3) CONTENTS.—The report shall— tem, the Federal aviation network, and the viding a complete legal description and not- (A) identify the 20 most vulnerable metro- ing the current ownership of the proposed politan areas or population concentrations transcontinental railroad; (2) The creation and use of joint use cor- corridor and associated land. in the United States; and (3) In identifying the corridor under para- (B) make recommendations regarding the ridors for rail transportation, fiber optics, pipelines, and utilities are an efficient and graph (1), the Secretary shall consider, at a appropriate number of days’ supply of food minimum, the following factors: to be maintained to ensure the security of appropriate approach to optimizing the nation’s interconnectivity and national secu- (A) The proximity of national defense in- the population in each such area. stallations and national defense consider- (c) REPOSITORIES.— rity; (3) Government assistance and encourage- ations; (1) IN GENERAL.—Not later than 1 year after (B) The location of and access to natural ment in the development of the trans- the date of enactment of this Act, the Sec- resources that could contribute to economic continental rail system successfully led to retary of Homeland Security shall establish development of the region; the growth of economically strong and so- secure repositories for food and drinking (C) Grade and alignment standards that cially stable communities throughout the water in each of the 20 areas identified in the are commensurate with rail and utility con- western United States; report. struction standards and that minimize the (4) Government assistance and encourage- (2) ACCESSIBILITY.—The repositories shall prospect of at-grade railroad and highway ment in the development of the Alaska Rail- be locally accessible without special equip- crossings; road between Seward, Alaska and Fairbanks, ment in the event of major transportation (D) Availability of construction materials; breakdown. Alaska successfully led to the growth of eco- (E) Safety; (d) PURCHASE OF SUPPLIES.— nomically strong and socially stable commu- (F) Effects on and service to adjacent com- (1) IN GENERAL.—The Secretary of Agri- nities along the route, which today provide munities and potential intermodal transpor- culture shall purchase and maintain food and homes for over 70% of Alaska’s total popu- tation connections; water stocks for each repository, consistent lation; (G) Environmental concerns; with determinations made by the Secretary (5) While Alaska and the remainder of the (H) Use of public land to the maximum de- of Homeland Security. continental United States has been con- gree possible; (2) PHASING IN.—Purchases and full stock- nected by highway and air transportation, no (I) Minimization of probable construction ing of repositories may be phased in over a rail connection exists despite the fact that costs; period of not more than 3 years. Alaska is accessible by land routes and is a (J) An estimate of probable construction (3) PRODUCTS OF THE UNITED STATES.—The logical destination for the North American costs and methods of financing such costs Secretary of Agriculture shall purchase for rail system; through a combination of private, state, and the repositories food and water supplies pro- (6) Rail transportation in otherwise iso- federal sources; and duced, processed, and packaged exclusively lated areas is an appropriate means of pro- (K) Appropriate utility elements for the in the United States. viding controlled access, reducing overall corridor, including but not limited to petro- (4) SELECTION.—Food and water supplies impacts to environmentally sensitive areas leum product pipelines, fiber-optic tele- for the repositories shall be selected and over other methods of land-based access; communication facilities, and electrical managed so as to provide— (7) Because Congress originally authorized (A) quantities and packaging suitable for power transmission lines, and 1,000 miles of rail line to be built in Alaska, (L) Prior and established traditional uses. immediate distribution to individuals and and because the system today covers only (4) The Secretary may, as part of the cor- families; approximately half that distance, substan- (B) forms of food products suitable for im- ridor identification, include issues related to tially limiting its beneficial effect on the mediate consumption in an emergency with- the further extension of such corridor to a economy of Alaska and the nation, it is ap- out heating and without further preparation; connection with the nearest appropriate ter- propriate to support the expansion of the (C) packaging that ensures that food prod- minus of the North American rail network in Alaska system to ensure the originally ucts are maximally resistant to Canada. planned benefits are achieved; postproduction contamination or adultera- (c) NEGOTIATION AND LAND TRANSFER.— (8) Alaska has an abundance of natural re- tion; (1) The Secretary of the Interior shall— (D) packaging and preservation technology sources, both material and aesthetic, access (A) upon completion of the corridor identi- to ensure that the quality of stored food and to which would significantly increase Alas- fication in subsection (b), negotiate the ac- water is maintained for a minimum of 4 ka’s contribution to the national economy; quisition of any lands in the corridor which years at ambient temperatures; (9) Alaska contains many key national de- are not federally owned through an exchange (E) a range of food products, including fense installations, including sites chosen for for lands of equal or greater value held by meats, seafood, dairy, and vegetable (includ- the construction of the first phase of the Na- the federal government elsewhere in Alaska; ing fruit and grain) products, emphasizing, tional Missile Defense system, the cost of and insofar as practicable— which could be significantly reduced if rail (B) upon completion of the acquisition of (i) food products that meet multiple nutri- transportation were available for the move- lands under paragraph (A), the Secretary tional needs, such as those composed pri- ment of materials necessary for construction shall convey to the Alaska Railroad Corpora- marily of high-quality protein in combina- and for the secure movement of launch vehi- tion, subject to valid existing rights, title to tion with essential minerals; and cles, fuel and other operational supplies; the lands identified under subsection (b) as (ii) food products with a high ratio of nu- (10) The 106th Congress recognized the po- necessary to complete the national defense trient value to cost; tential benefits of establishing a rail connec- railroad-utility corridor, on condition that (F) rotation of stock, in repositories on a tion to Alaska by enacting legislation to au- the Alaska Railroad Corporation construct regular basis at intervals of not longer than thorize a U.S.-Canada bilateral commission in the corridor an extension of the railroad 3 years; and to study the feasibility of linking the rail system to the vicinity of the proposed na- (G) use of stocks of food being rotated out system in Alaska to the nearest appropriate tional missile defense installation at Fort of repositories for other suitable purposes. point in Canada of the North American rail Greely, Alaska, together with such other (e) AUTHORIZATION OF APPROPRIATIONS.— network; and utilities, including but not limited to fiber- There are authorized to be appropriated such (11) In support of pending bilateral activi- optic transmission lines and electrical trans- sums as are necessary to carry out this sec- ties between the United States and Canada, mission lines, as it considers necessary and tion. it is appropriate for the United States to un- appropriate. The Federal interest in lands

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8224 CONGRESSIONAL RECORD — SENATE September 4, 2002 conveyed to the Alaska Railroad Corporation not have substantial business activities in SEC. . INTERAGENCY HOMELAND SECURITY FU- under this Act shall be the same as in lands the foreign country in which or under the SION CENTERS. conveyed pursuant to the Alaska Railroad law of which the entity is created or orga- (a) IN GENERAL.—The Secretary shall es- Transfer Act (45 USC 1201 et seq.). nized when compared to the total business tablish a system of Interagency Homeland (d) APPLICABILITY OF OTHER LAWS.—Ac- activities of such expanded affiliated group. Security Interagency Fusion Centers— tions authorized in this Act shall proceed (c) DEFINITIONS AND SPECIAL RULES.—For (1) to coordinate the interagency fusion of immediately and to conclusion not with- purposes of this section— maritime homeland security information fo- standing the land-use planning provisions of (1) RULES FOR APPLICATION OF SUBSECTION cusing on the air and sea approaches to the Section 202 of the Federal Land Policy and (b).—In applying subsection (b) for purposes United States; Management Act of 1976, P.L. 94–579. of subsection (a), the following rules shall (2) to facilitate information sharing be- (e) AUTHORIZATION OF APPROPRIATIONS.— apply: tween all of the participating agencies; and There are authorized to be appropriated such (A) CERTAIN STOCK DISREGARDED.—There (3) to provide intelligence cuing to the ap- sums as may be necessary to carry out the shall not be taken into account in deter- propriate agencies concerning maritime provisions of this Act. mining ownership for purposes of subsection threats to the homeland security of the (b)(2)— United States. SA 4485. Mr. MURKOWSKI submitted (i) stock held by members of the expanded (b) MEMBERSHIP.—Each Interagency Home- an amendment intended to be proposed affiliated group which includes the foreign land Security Fusion Center shall be com- to amendment SA 4467 submitted by incorporated entity, or posed of individuals designated by the Sec- (ii) stock of such entity which is sold in a retary, and may include representatives of— Mr. LIEBERMAN and intended to be pro- public offering related to the acquisition de- (1) the United States Coast Guard; posed to the bill H.R. 5005, to establish scribed in subsection (b)(1). (2) the United States Customs Service; the Department of Homeland Security, (B) PLAN DEEMED IN CERTAIN CASES.—If a (3) the Drug Enforcement Administration; and for other purposes; which was or- foreign incorporated entity acquires directly (4) the Department of Defense; dered to lie on the table; as follows: or indirectly substantially all of the prop- (5) the Immigration and Naturalization Service; On page 136, between lines 15 and 16, insert erties of a domestic corporation or partner- (6) the Transportation Security Adminis- the following: ship during the 4-year period beginning on the date which is 2 years before the owner- tration; SEC. 172. AIRLINE PASSENGER SCREENING. ship requirements of subsection (b)(2) are (7) the Federal Bureau of Investigation; Section 44901(b) of title 49, United States met, such actions shall be treated as pursu- (8) the Central Intelligence Agency; Code, is amended— ant to a plan. (9) the National Security Agency; (1) by striking ‘‘All screening of pas- (10) any other Federal agency the Sec- (C) CERTAIN TRANSFERS DISREGARDED.—The sengers’’ and inserting: transfer of properties or liabilities (including retary deems necessary; and ‘‘(1) IN GENERAL.—All screening of pas- by contribution or distribution) shall be dis- (11) representatives of such foreign govern- sengers’’; and regarded if such transfers are part of a plan ments as the President may direct. (2) by adding at the end the following: a principal purpose of which is to avoid the (c) FUNCTION.—Interagency Fusion Centers ‘‘(2) TREATMENT OF PASSENGERS.—Screen- purposes of this section. shall— ing of passengers under this section shall be (1) have access to all participating agen- (D) SPECIAL RULE FOR RELATED PARTNER- carried out in a manner that — cies’ databases and information systems SHIPS.—For purposes of applying subsection ‘‘(A) is not abusive or unnecessarily intru- with adequate protections to ensure their se- (b) to the acquisition of a domestic partner- sive; curity; ship, except as provided in regulations, all ‘‘(B) ensures protection of the passenger’s (2) collect, fuse, analyze, and disseminate partnerships which are under common con- personal property; and information from the participating agencies trol (within the meaning of section 482 of the ‘‘(C) provides adequate privacy for the pas- concerning, but not limited to, tracking ves- Internal Revenue Code of 1986) shall be treat- senger, if the screening involves the removal sels, cargo, and persons of interest to iden- ed as 1 partnership. of clothing (other than shoes) or a search tify and locate potential homeland security (E) TREATMENT OF CERTAIN RIGHTS.—The under the passenger’s clothing.’’. threats to the United States; and Secretary shall prescribe such regulations as (3) immediately alert all pertinent agen- may be necessary— Mr. WELLSTONE proposed cies to potential homeland security threats. SA 4486. (i) to treat warrants, options, contracts to (d) IMPLEMENTATION REPORT.—No later an amendment to amendment SA 4471 acquire stock, convertible debt instruments, than 1 year after the date of enactment of proposed by Mr. LIEBERMAN to the bill and other similar interests as stock, and this Act, the Secretary shall provide a report H.R. 5005, to establish the Department (ii) to treat stock as not stock. to the Committee on Commerce, Science, (2) EXPANDED AFFILIATED GROUP.—The term of Homeland Security, and for other and Transportation of the Senate, the Com- ‘‘expanded affiliated group’’ means an affili- purposes; as follows: mittee on Transportation and Infrastructure ated group as defined in section 1504(a) of the After section 171, insert the following: of the House of Representatives, the Com- Internal Revenue Code of 1986 (without re- mittee on Governmental Affairs of the Sen- SEC. ll. PROHIBITION ON CONTRACTS WITH gard to section 1504(b) of such Code), except CORPORATE EXPATRIATES. ate, the Committee on Government Reform that section 1504(a) of such Code shall be ap- (a) IN GENERAL.—The Secretary may not of the House of Representatives, and the plied by substituting ‘‘more than 50 percent’’ enter into any contract with a foreign incor- Committees on Appropriations of the Senate for ‘‘at least 80 percent’’ each place it ap- porated entity which is treated as an in- and the House of Representatives detailing a pears. verted domestic corporation under sub- plan to implement the Interagency Home- (3) FOREIGN INCORPORATED ENTITY.—The section (b). land Security Fusion Centers required by term ‘‘foreign incorporated entity’’ means (b) INVERTED DOMESTIC CORPORATION.—For this section. The report shall— any entity which is, or but for subsection (b) purposes of this section, a foreign incor- (1) specify the number and location of the would be, treated as a foreign corporation for porated entity shall be treated as an in- Interagency Homeland Security Fusion Cen- purposes of the Internal Revenue Code of verted domestic corporation if, pursuant to a ters required; 1986. plan (or a series of related transactions)— (2) provide a transition plan to implement (4) OTHER DEFINITIONS.—The terms ‘‘per- (1) the entity has completed the direct or these centers, which will name the agencies son’’, ‘‘domestic’’, and ‘‘foreign’’ have the indirect acquisition of substantially all of to be involved; meanings given such terms by paragraphs the properties held directly or indirectly by (3) delineate the manner in which these (1), (4), and (5) of section 7701(a) of the Inter- a domestic corporation or substantially all centers will operate in conjunction or in nal Revenue Code of 1986, respectively. of the properties constituting a trade or place of other intelligence or fusion centers (d) WAIVER.—The President may waive sub- currently in existence; and business of a domestic partnership, section (a) with respect to any specific con- (4) propose any needed changes in authori- (2) after the acquisition at least 50 percent tract if the President certifies to Congress ties for the agencies involved in the Inter- of the stock (by vote or value) of the entity that the waiver is required in the interest of is held— national security. agency Homeland Security Fusion Centers. (A) in the case of an acquisition with respect to a domestic corporation, by former SA 4487. Ms. SNOWE submitted an SA 4488. Ms. SNOWE submitted an shareholders of the domestic corporation by amendment intended to be proposed to amendment intended to be proposed to reason of holding stock in the domestic cor- amendment SA 4471 proposed by Mr. amendment SA 4471 proposed by Mr. poration, or LIEBERMAN to the bill H.R. 5005, to es- LIEBERMAN to the bill H.R. 5005, to es- (B) in the case of an acquisition with re- tablish the Department of Homeland tablish the Department of Homeland spect to a domestic partnership, by former Security, and for other purposes; which partners of the domestic partnership by rea- Security, and for other purposes; which son of holding a capital or profits interest in was ordered to lie on the table; as fol- was ordered to lie on the table; as fol- the domestic partnership, and lows: lows: (3) the expanded affiliated group which At the appropriate place, insert the fol- At the appropriate place, insert the fol- after the acquisition includes the entity does lowing: lowing:

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8225 SEC. . COAST GUARD FUNDING FLOORS. mittee on Commerce, Science, and Transpor- the date which is 2 years before the owner- (a) IN GENERAL.—No budget request sub- tation of the Senate, and the Committees on ship requirements of subsection (b)(2) are mitted to the Congress pursuant to section Appropriations of the Senate and the House met, such actions shall be treated as pursu- 1105 of title 31, United States Code, for fiscal of Representatives that— ant to a plan. year 2004 or fiscal year 2005 shall contain a (1) analyzes the feasibility of accelerating (C) CERTAIN TRANSFERS DISREGARDED.—The request for any Federal department that in- the rate of procurement in the Coast Guard’s transfer of properties or liabilities (including cludes, for the Coast Guard, a reduction in Integrated Deepwater System from 20 years by contribution or distribution) shall be dis- annual total spending and annual internal to 10 years; regarded if such transfers are part of a plan budget allocations for each non-homeland se- (2) includes an estimate of additional re- a principal purpose of which is to avoid the curity mission area below the appropriated sources required; purposes of this section. levels and allocations for fiscal year 2002 or (3) describes the resulting increased capa- (D) SPECIAL RULE FOR RELATED PARTNER- fiscal year 2003, whichever is greater for each bilities; SHIPS.—For purposes of applying subsection area. (4) outlines any increases in the Coast (b) to the acquisition of a domestic partner- (b) NON-HOMELAND SECURITY MISSIONS.— Guard’s homeland security readiness; ship, except as provided in regulations, all The term ‘‘non-homeland security missions’’ (5) describes any increases in operational partnerships which are under common con- means the following missions of the Coast efficiencies; and trol (within the meaning of section 482 of the (6) provides a revised asset phase-in time Guard: Internal Revenue Code of 1986) shall be treat- line. (1) Marine safety. ed as 1 partnership. (2) Search and rescue. SA 4490. Mr. REID proposed an (E) TREATMENT OF CERTAIN RIGHTS.—The (3) Aids to navigation. Secretary shall prescribe such regulations as (4) Living marine resources (fisheries law amendment to amendment SA 4486 pro- may be necessary— enforcement). posed by Mr. WELLSTONE to the amend- (i) to treat warrants, options, contracts to (5) Marine environmental protection. ment SA 4471 proposed by Mr. LIEBER- acquire stock, convertible debt instruments, (6) Ice operations. MAN to the bill H.R. 5005 to establish and other similar interests as stock, and (c) WAIVER.— the Department of Homeland Security, (ii) to treat stock as not stock. (1) IN GENERAL.—The President may waive and for other purposes; as follows: (2) EXPANDED AFFILIATED GROUP.—The term the requirements of subsection (a) if the In lieu of the matter proposed to be in- ‘‘expanded affiliated group’’ means an affili- Commandant of the Coast Guard rec- serted, insert the following: ated group as defined in section 1504(a) of the ommends at the same time to the President Internal Revenue Code of 1986 (without re- ll and to the Congress that such a waiver is SEC. . PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES. gard to section 1504(b) of such Code), except necessary in order to mitigate substantially that section 1504(a) of such Code shall be ap- (a) IN GENERAL.—The Secretary may not the consequences of a specific major acci- enter into any contract with a foreign incor- plied by substituting ‘‘more than 50 percent’’ dent, respond successfully to a specific and porated entity which is treated as an infor ‘‘at least 80 percent’’ each place it ap- unanticipated national or international cri- verted domestic corporation under sub- pears. sis, counter a specific, unanticipated threat section (b). (3) FOREIGN INCORPORATED ENTITY.—The to United States homeland security, or oth- (b) INVERTED DOMESTIC CORPORATION.—For term ‘‘foreign incorporated entity’’ means erwise react satisfactorily to a specific, un- purposes of this section, a foreign incor- any entity which is, or but for subsection (b) anticipated event occurring within the Coast porated entity shall be treated as an in- would be, treated as a foreign corporation for Guard’s mission areas, any of which that has verted domestic corporation if, pursuant to a purposes of the Internal Revenue Code of occurred since the date of the enactment of plan (or a series of related transactions)— 1986. this Act. (1) the entity has completed the direct or (4) OTHER DEFINITIONS.—The terms ‘‘per- (2) JUSTIFICATION.—The Commandant’s rec- indirect acquisition of substantially all of son’’, ‘‘domestic’’, and ‘‘foreign’’ have the ommendation to the President and the Con- the properties held directly or indirectly by meanings given such terms by paragraphs gress shall include a detailed justification a domestic corporation or substantially all (1), (4), and (5) of section 7701(a) of the Inter- for the recommendation, including the spe- of the properties constituting a trade or nal Revenue Code of 1986, respectively. cific information upon which the rec- business of a domestic partnership, (d) WAIVER.—The President may waive sub- ommendation is based and the specific rea- (2) after the acquisition at least 50 percent section (a) with respect to any specific con- sons why the Coast Guard could not effec- of the stock (by vote or value) of the entity tract if the President certifies to Congress tively respond to the accident, crisis, threat, is held— that the waiver is required in the interest of or event within the aforementioned restric- (A) in the case of an acquisition with re- national security. tions. spect to a domestic corporation, by former This section shall take effect one day after (3) INTELLIGENCE CERTIFICATION.—Any rec- shareholders of the domestic corporation by the date of this bill’s enactment. ommendation for a waiver based on the need reason of holding stock in the domestic cor- to counter a specific, unanticipated threat to poration, or SA 4491. Mr. SMITH of New Hamp- United States homeland security shall be ac- (B) in the case of an acquisition with re- shire (for himself, Mrs. BOXER, Mr. companied by a certification by the Director spect to a domestic partnership, by former MURKOWSKI, Mr. BURNS, Mr. BUNNING, of Central Intelligence that— partners of the domestic partnership by rea- and Mr. MILLER) proposed an amend- (A) there exists a preponderance of cred- son of holding a capital or profits interest in ment to amendment SA 4471 proposed ible, accurate, and compelling evidence with- the domestic partnership, and in the Intelligence Community that dem- by Mr. LIEBERMAN to the bill H.R. 5005, (3) the expanded affiliated group which to establish the Department of Home- onstrates that the threat upon which the after the acquisition includes the entity does Commandant’s recommendation is based is not have substantial business activities in land Security, and for other purposes; real, unanticipated, and acute, and that im- the foreign country in which or under the as follows mediate action must be taken to counter it; law of which the entity is created or orga- At the appropriate place, insert the fol- and nized when compared to the total business lowing new title: (B) the Intelligence Community is taking activities of such expanded affiliated group. specific and decisive steps to reduce signifi- TITLE ll—FLIGHT AND CABIN SECURITY (c) DEFINITIONS AND SPECIAL RULES.—For ON PASSENGER AIRCRAFT cantly the probability that such threats will purposes of this section— ll be unanticipated in the future. (1) RULES FOR APPLICATION OF SUBSECTION SECTION 1. SHORT TITLE. (b).—In applying subsection (b) for purposes This title may be cited as the ‘‘Arming Pi- SA 4489. Ms. SNOWE submitted an of subsection (a), the following rules shall lots Against Terrorism and Cabin Defense amendment intended to be proposed to apply: Act of 2002’’. amendment SA 4471 proposed by Mr. (A) CERTAIN STOCK DISREGARDED.—There SEC. ll2. FINDINGS. LIEBERMAN to the bill H.R. 5005, to es- shall not be taken into account in deter- Congress makes the following findings: tablish the Department of Homeland mining ownership for purposes of subsection (1) Terrorist hijackers represent a profound Security, and for other purposes; which (b)(2)— threat to the American people. was ordered to lie on the table; as fol- (i) stock held by members of the expanded (2) According to the Federal Aviation Ad- affiliated group which includes the foreign ministration, between 33,000 and 35,000 com- lows: incorporated entity, or mercial flights occur every day in the United At the appropriate place, insert the fol- (ii) stock of such entity which is sold in a States. lowing: public offering related to the acquisition de- (3) The Aviation and Transportation Secu- SEC. . REPORT ON ACCELERATING THE INTE- scribed in subsection (b)(1). rity Act (public law 107–71) mandated that GRATED DEEPWATER SYSTEM. (B) PLAN DEEMED IN CERTAIN CASES.—If a air marshals be on all high risk flights such No later than 90 days after the date of en- foreign incorporated entity acquires directly as those targeted on September 11, 2001. actment of this Act, the Secretary, in con- or indirectly substantially all of the prop- (4) Without air marshals, pilots and flight sultation with the Commandant of the Coast erties of a domestic corporation or partner- attendants are a passenger’s first line of de- Guard shall submit a report to the Com- ship during the 4-year period beginning on fense against terrorists.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8226 CONGRESSIONAL RECORD — SENATE September 4, 2002 (5) A comprehensive and strong terrorism be eligible for compensation from the Fed- (1) by redesignating subsection (h) (relat- prevention program is needed to defend the eral Government for services provided as a ing to authority to arm flight deck crew Nation’s skies against acts of criminal vio- Federal flight deck officer. with less-than-lethal weapons, as added by lence and air piracy. Such a program should ‘‘(f) AUTHORITY TO CARRY FIREARMS.—The section 126(b) of public law 107–71) as sub- include— Under Secretary of Transportation for Secu- section (j); and (A) armed Federal air marshals; rity shall authorize a Federal flight deck of- (2) by redesignating subsection (h) (relat- (B) other Federal agents; ficer under this section to carry a firearm to ing to limitation on liability for acts to (C) reinforced cockpit doors; defend the flight deck of a commercial pas- thwart criminal violence or aircraft piracy, (D) properly-trained armed pilots; senger or cargo aircraft while engaged in as added by section 144 of public law 107–71) (E) flight attendants trained in self-defense providing air transportation or intrastate air as subsection (k). and terrorism prevention; and transportation. No air carrier may prohibit a (b) AVIATION CREWMEMBER SELF-DEFENSE (F) electronic communications devices, Federal flight deck officer from carrying a DIVISION.—Section 44918 of title 49, United such as real-time video monitoring and firearm in accordance with the provisions of States Code, is amended— hands-free wireless communications devices the Arming Pilots Against Terrorism and (1) by striking subsection (a) and inserting to permit pilots to monitor activities in the Cabin Defense Act of 2002. the following new subsection: cabin. ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- ‘‘(a) IN GENERAL.— standing section 44903(d), a Federal flight ‘‘(1) REQUIREMENT FOR AIR CARRIERS.—Not SEC. ll3. FEDERAL FLIGHT DECK OFFICER PRO- GRAM. deck officer may use force (including lethal later than 60 days after the date of enact- (a) IN GENERAL.—Subchapter I of chapter force) against an individual in the defense of ment of the Arming Pilots Against Ter- 449 of title 49, United States Code, is amend- a commercial aircraft in air transportation rorism and Cabin Defense Act of 2002, the ed by adding at the end the following: or intrastate air transportation if the officer Under Secretary of Transportation for Secu- reasonably believes that the security of the rity, shall prescribe detailed requirements ‘‘§ 44921. Federal flight deck officer program aircraft is at risk. for an air carrier cabin crew training pro- ‘‘(a) ESTABLISHMENT.—Not later than 90 ‘‘(h) LIMITATION ON LIABILITY.— gram, and for the instructors of that pro- days after the date of enactment of the Arm- ‘‘(1) LIABILITY OF AIR CARRIERS.—An air gram as described in subsection (b) to pre- ing Pilots Against Terrorism and Cabin De- carrier shall not be liable for damages in any pare crew members for potential threat con- fense Act of 2002, the Under Secretary of action brought in a Federal or State court ditions. In developing the requirements, the Transportation for Security shall establish a arising out of the air carrier employing a Under Secretary shall consult with appro- program to deputize qualified pilots of com- pilot of an aircraft who is a Federal flight priate law enforcement personnel who have mercial cargo or passenger aircraft who vol- deck officer under this section or out of the expertise in self-defense training, security unteer for the program as Federal law en- acts or omissions of the pilot in defending an experts, and terrorism experts, and rep- forcement officers to defend the flight decks aircraft of the air carrier against acts of resentatives of air carriers and labor organi- of commercial aircraft of air carriers en- criminal violence or air piracy. zations representing individuals employed in gaged in air transportation or intrastate air ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF- commercial aviation. transportation against acts of criminal vio- FICERS.—A Federal flight deck officer shall ‘‘(2) AVIATION CREWMEMBER SELF-DEFENSE lence or air piracy. Such officers shall be not be liable for damages in any action DIVISION.—Not later than 60 days after the known as ‘Federal flight deck officers’. The brought in a Federal or State court arising date of enactment of the Arming Pilots program shall be administered in connection out of the acts or omissions of the officer in Against Terrorism and Cabin Defense Act of with the Federal air marshal program. 2002, the Under Secretary of Transportation ‘‘(b) QUALIFIED PILOT.—Under the program defending an aircraft against acts of crimi- described in subsection (a), a qualified pilot nal violence or air piracy unless the officer for Security shall establish an Aviation Crew is a pilot of an aircraft engaged in air trans- is guilty of gross negligence or willful mis- Self-Defense Division within the Transpor- portation or intrastate air transportation conduct. tation Security Administration. The Divi- who— ‘‘(3) EMPLOYEE STATUS OF FEDERAL FLIGHT sion shall develop and administer the imple- ‘‘(1) is employed by an air carrier; DECK OFFICERS.—A Federal flight deck officer mentation of the requirements described in ‘‘(2) has demonstrated fitness to be a Fed- shall be considered an ‘employee of the Gov- this section. The Under Secretary shall ap- eral flight deck officer in accordance with ernment while acting within the scope of his point a Director of the Aviation Crew Self- regulations promulgated pursuant to this office or employment’ with respect to any Defense Division who shall be the head of the title; and act or omission of the officer in defending an Division. The Director shall report to the ‘‘(3) has been the subject of an employment aircraft against acts of criminal violence or Under Secretary. In the selection of the Di- investigation (including a criminal history air piracy, for purposes of sections 1346(b), rector, the Under Secretary shall solicit rec- record check) under section 44936(a)(1). 2401(b), and 2671 through 2680 of title 28 ommendations from law enforcement, air ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- United States Code. carriers, and labor organizations rep- MENT.—The Under Secretary of Transpor- ‘‘(i) REGULATIONS.—Not later than 90 days resenting individuals employed in commer- tation for Security shall provide or make ar- after the date of enactment of this section, cial aviation. The Director shall have a rangements for training, supervision, and the Under Secretary of Transportation for background in self-defense training, includ- equipment necessary for a qualified pilot to Security, in consultation with the Firearms ing military or law enforcement training be a Federal flight deck officer under this Training Unit of the Federal Bureau of In- with an emphasis in teaching self-defense section at no expense to the pilot or the air vestigation, shall issue regulations to carry and the appropriate use force. Regional carrier employing the pilot. The Under Sec- out this section. training supervisors shall be under the con- retary may approve private training pro- ‘‘(j) PILOT DEFINED.—In this section, the trol of the Director and shall have appro- grams which meet the Under Secretary’s term ‘pilot’ means an individual who is re- priate training and experience in teaching specifications and guidelines. Air carriers sponsible for the operation of an aircraft, self-defense and the appropriate use of shall make accommodations to facilitate the and includes a co-pilot or other member of force.’’; training of their pilots as Federal flight deck the flight deck crew.’’. (2) by striking subsection (b), and inserting (b) CONFORMING AMENDMENTS.— officers and shall facilitate Federal flight the following new subsection: deck officers in the conduct of their duties (1) CHAPTER ANALYSIS.—The analysis for ‘‘(b) PROGRAM ELEMENTS.— under this program. such chapter 449 is amended by inserting ‘‘(1) IN GENERAL.—The requirements pre- ‘‘(d) DEPUTIZATION.— after the item relating to section 44920 the scribed under subsection (a) shall include, at ‘‘(1) IN GENERAL.—The Under Secretary of following new item: a minimum, 28 hours of self-defense training Transportation for Security shall train and ‘‘44921. Federal flight deck officer program.’’. that incorporates classroom and situational deputize, as a Federal flight deck officer (2) EMPLOYMENT INVESTIGATIONS.—Section training that contains the following ele- under this section, any qualified pilot who 44936(a)(1)(B) is amended— ments: submits to the Under Secretary a request to (A) by aligning clause (iii) with clause (ii); ‘‘(A) Determination of the seriousness of be such an officer. (B) by striking ‘‘and’’ at the end of clause any occurrence. ‘‘(2) INITIAL DEPUTIZATION.—Not later than (iii); ‘‘(B) Crew communication and coordina- 120 days after the date of enactment of this (C) by striking the period at the end of tion. section, the Under Secretary shall deputize clause (iv) and inserting ‘‘; and’’; and ‘‘(C) Appropriate responses to defend one- not fewer than 500 qualified pilots who are (D) by adding at the end the following: self, including a minimum of 16 hours of former military or law enforcement per- ‘‘(v) qualified pilots who are deputized as hands-on training, with reasonable and effec- sonnel as Federal flight deck officers under Federal flight deck officers under section tive requirements on time allotment over a 4 this section. 44921.’’. week period, in the following levels of self- ‘‘(3) FULL IMPLEMENTATION.—Not later than (3) FLIGHT DECK SECURITY.—Section 128 of defense: 24 months after the date of enactment of this the Aviation and Transportation Security ‘‘(i) awareness, deterrence, and avoidance; section, the Under Secretary shall deputize Act (49 U.S.C. 44903 note) is repealed. ‘‘(ii) verbalization; any qualified pilot as a Federal flight deck SEC. ll4. CABIN SECURITY. ‘‘(iii) empty hand control; officer under this section. (a) TECHNICAL AMENDMENTS.—Section ‘‘(iv) intermediate weapons and self-de- ‘‘(e) COMPENSATION.—Pilots participating 44903, of title 49, United States Code, is fense techniques; and in the program under this section shall not amended— ‘‘(v) deadly force.

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8227 ‘‘(D) Use of protective devices assigned to available, Federal air marshals or other au- hands-free wireless communications devices crewmembers (to the extent such devices are thorized law enforcement officials. to permit pilots to monitor activities in the approved by the Administrator or Under Sec- ‘‘(g) LIMITATION ON LIABILITY.— cabin. retary). ‘‘(1) AIR CARRIERS.—An air carrier shall not SEC. ll3. FEDERAL FLIGHT DECK OFFICER PRO- ‘‘(E) Psychology of terrorists to cope with be liable for damages in any action brought GRAM. hijacker behavior and passenger responses. in a Federal or State court arising out of the (a) IN GENERAL.—Subchapter I of chapter ‘‘(F) Live situational simulation joint acts or omissions of the air carrier’s training 449 of title 49, United States Code, is amend- training exercises regarding various threat instructors or cabin crew using reasonable ed by adding at the end the following: conditions, including all of the elements re- and necessary force in defending an aircraft ‘‘§ 44921. Federal flight deck officer program quired by this section. of the air carrier against acts of criminal vi- ‘‘(a) ESTABLISHMENT.—Not later than 90 ‘‘(G) Flight deck procedures or aircraft ma- olence or air piracy. days after the date of enactment of the Arm- neuvers to defend the aircraft. ‘‘(2) TRAINING INSTRUCTORS AND CABIN ing Pilots Against Terrorism and Cabin De- ‘‘(2) PROGRAM ELEMENTS FOR INSTRUC- CREW.—An air carrier’s training instructors fense Act of 2002, the Under Secretary of TORS.—The requirements prescribed under or cabin crew shall not be liable for damages Transportation for Security shall establish a subsection (a) shall contain program ele- in any action brought in a Federal or State program to deputize qualified pilots of comments for instructors that include, at a min- court arising out of an act or omission of a mercial cargo or passenger aircraft who vol- imum, the following: training instructor or a member of the cabin unteer for the program as Federal law en- ‘‘(A) A certification program for the in- crew regarding the defense of an aircraft forcement officers to defend the flight decks structors who will provide the training de- against acts of criminal violence or air pi- of commercial aircraft of air carriers en- scribed in paragraph (1). racy unless the crew member is guilty of gaged in air transportation or intrastate air ‘‘(B) A requirement that no training ses- gross negligence or willful misconduct.’’. transportation against acts of criminal vio- sion shall have fewer than 1 instructor for (c) NONLETHAL WEAPONS FOR FLIGHT AT- lence or air piracy. Such officers shall be every 12 students. TENDANTS.— known as ‘Federal flight deck officers’. The ‘‘(C) A requirement that air carriers pro- (1) STUDY.—The Under Secretary of Trans- vide certain instructor information, includ- portation for Security shall conduct a study program shall be administered in connection ing names and qualifications, to the Avia- to determine whether possession of a non- with the Federal air marshal program. tion Crew Member Self-Defense Division lethal weapon by a member of an air car- ‘‘(b) QUALIFIED PILOT.—Under the program within 30 days after receiving the require- rier’s cabin crew would aid the flight deck described in subsection (a), a qualified pilot ments described in subsection (a). crew in combating air piracy and criminal is a pilot of an aircraft engaged in air trans- ‘‘(D) Training course curriculum lesson violence on commercial airlines. portation or intrastate air transportation who— plans and performance objectives to be used (2) REPORT.—Not later than 6 months after by instructors. the date of enactment of this Act, the Under ‘‘(1) is employed by an air carrier; ‘‘(E) Written training bulletins to reinforce Secretary of Transportation for Security ‘‘(2) has demonstrated fitness to be a Fed- course lessons and provide necessary pro- shall prepare and submit to Congress a re- eral flight deck officer in accordance with gressive updates to instructors. port on the study conducted under paragraph regulations promulgated pursuant to this ‘‘(3) RECURRENT TRAINING.—Each air carrier (1). title; and shall provide the training under the program ‘‘(3) has been the subject of an employment Mr. REID (for Mrs. BOXER every 6 months after the completion of the SA 4492. investigation (including a criminal history initial training. (for herself, Mr. SMITH of New Hamp- record check) under section 44936(a)(1). ‘‘(4) INITIAL TRAINING.—Air carriers shall shire, Mr. MURKOWSKI, Mr. BURNS, Mr. ‘‘(c) TRAINING, SUPERVISION, AND EQUIP- provide the initial training under the pro- BUNNING, and Mr. MILLER)) proposed an MENT.—The Under Secretary of Transpor- gram within 24 months of the date of enact- amendment to amendment SA 4491 pro- tation for Security shall provide or make ar- ment of the Arming Pilots Against Ter- posed by Mr. SMITH of New Hampshire rangements for training, supervision, and equipment necessary for a qualified pilot to rorism and Cabin Defense Act of 2002. (for himself, Mrs. BOXER, Mr. MUR- be a Federal flight deck officer under this ‘‘(5) COMMUNICATION DEVICES.—The require- KOWSKI, Mr. BURNS, Mr. BUNNING, and ments described in subsection (a) shall in- section at no expense to the pilot or the air Mr. MILLER) to the amendment SA 4471 clude a provision mandating that air carriers carrier employing the pilot. The Under Sec- provide flight and cabin crew with a discreet, proposed by Mr. LIEBERMAN to the bill retary may approve private training pro- hands-free, wireless method of commu- H.R. 5005, to establish the Department grams which meet the Under Secretary’s nicating with the flight deck. of Homeland Security, and for other specifications and guidelines. Air carriers ‘‘(6) REAL-TIME VIDEO MONITORING.—The re- purposes; as follows: shall make accommodations to facilitate the quirements described in subsection (a) shall In lieu of the matter proposed to be in- training of their pilots as Federal flight deck include a program to provide flight deck serted, insert the following: officers and shall facilitate Federal flight crews with real-time video surveillance of deck officers in the conduct of their duties TITLE ll—FLIGHT AND CABIN SECURITY under this program. the cabins of commercial airline flights. In ON PASSENGER AIRCRAFT developing this program, the Under Sec- ‘‘(d) DEPUTIZATION.— retary shall consider— SECTION ll1. SHORT TITLE. ‘‘(1) IN GENERAL.—The Under Secretary of This title may be cited as the ‘‘Arming Pi- ‘‘(A) maximizing the security of the flight Transportation for Security shall train and lots Against Terrorism and Cabin Defense deck; deputize, as a Federal flight deck officer Act of 2002’’. ‘‘(B) enhancing the safety of the flight under this section, any qualified pilot who deck crew; SEC. ll2. FINDINGS. submits to the Under Secretary a request to ‘‘(C) protecting the safety of the pas- Congress makes the following findings: be such an officer. sengers and crew; (1) Terrorist hijackers represent a profound ‘‘(2) INITIAL DEPUTIZATION.—Not later than ‘‘(D) preventing acts of criminal violence threat to the American people. 120 days after the date of enactment of this or air piracy; (2) According to the Federal Aviation Ad- section, the Under Secretary shall deputize ‘‘(E) the cost of the program; ministration, between 33,000 and 35,000 com- not fewer than 500 qualified pilots who are ‘‘(F) privacy concerns; and mercial flights occur every day in the United former military or law enforcement per- ‘‘(G) the feasibility of installing such a de- States. sonnel as Federal flight deck officers under vice in the flight deck.’’; and (3) The Aviation and Transportation Secu- this section. (3) by adding at the end the following new rity Act (public law 107–71) mandated that ‘‘(3) FULL IMPLEMENTATION.—Not later than subsections: air marshals be on all high risk flights such 24 months after the date of enactment of this ‘‘(f) RULEMAKING AUTHORITY.—Notwith- as those targeted on September 11, 2001. section, the Under Secretary shall deputize standing subsection (j) (relating to authority (4) Without air marshals, pilots and flight any qualified pilot as a Federal flight deck to arm flight deck crew with less than-lethal attendants are a passenger’s first line of de- officer under this section. weapons) of section 44903, of this title, within fense against terrorists. ‘‘(e) COMPENSATION.—Pilots participating 180 days after the date of enactment of the (5) A comprehensive and strong terrorism in the program under this section shall not Arming Pilots Against Terrorism and Cabin prevention program is needed to defend the be eligible for compensation from the Fed- Defense Act of 2002, the Under Secretary of Nation’s skies against acts of criminal vio- eral Government for services provided as a Transportation for Security, in consultation lence and air piracy. Such a program should Federal flight deck officer. with persons described in subsection (a)(1), include— ‘‘(f) AUTHORITY TO CARRY FIREARMS.—The shall prescribe regulations requiring air car- (A) armed Federal air marshals; Under Secretary of Transportation for Secu- riers to— (B) other Federal agents; rity shall authorize a Federal flight deck of- ‘‘(1) provide adequate training in the prop- (C) reinforced cockpit doors; ficer under this section to carry a firearm to er conduct of a cabin search and allow ade- (D) properly-trained armed pilots; defend the flight deck of a commercial pas- quate duty time to perform such a search; (E) flight attendants trained in self-defense senger or cargo aircraft while engaged in and and terrorism prevention; and providing air transportation or intrastate air ‘‘(2) conduct a preflight security briefing (F) electronic communications devices, transportation. No air carrier may prohibit a with flight deck and cabin crew and, when such as real-time video monitoring and Federal flight deck officer from carrying a

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firearm in accordance with the provisions of (b) AVIATION CREWMEMBER SELF-DEFENSE ‘‘(G) Flight deck procedures or aircraft ma- the Arming Pilots Against Terrorism and DIVISION.—Section 44918 of title 49, United neuvers to defend the aircraft. Cabin Defense Act of 2002. States Code, is amended— ‘‘(2) PROGRAM ELEMENTS FOR INSTRUC- ‘‘(g) AUTHORITY TO USE FORCE.—Notwith- (1) by striking subsection (a) and inserting TORS.—The requirements prescribed under standing section 44903(d), a Federal flight the following new subsection: subsection (a) shall contain program ele- deck officer may use force (including lethal ‘‘(a) IN GENERAL.— ments for instructors that include, at a min- force) against an individual in the defense of ‘‘(1) REQUIREMENT FOR AIR CARRIERS.—Not imum, the following: a commercial aircraft in air transportation later than 60 days after the date of enact- ‘‘(A) A certification program for the in- or intrastate air transportation if the officer ment of the Arming Pilots Against Ter- structors who will provide the training de- reasonably believes that the security of the rorism and Cabin Defense Act of 2002, the scribed in paragraph (1). aircraft is at risk. Under Secretary of Transportation for Secu- ‘‘(B) A requirement that no training ses- rity, shall prescribe detailed requirements ‘‘(h) LIMITATION ON LIABILITY.— sion shall have fewer than 1 instructor for for an air carrier cabin crew training pro- ‘‘(1) LIABILITY OF AIR CARRIERS.—An air every 12 students. gram, and for the instructors of that pro- carrier shall not be liable for damages in any ‘‘(C) A requirement that air carriers program as described in subsection (b) to pre- action brought in a Federal or State court vide certain instructor information, includ- pare crew members for potential threat con- arising out of the air carrier employing a ing names and qualifications, to the Avia- ditions. In developing the requirements, the pilot of an aircraft who is a Federal flight tion Crew Member Self-Defense Division Under Secretary shall consult with appro- deck officer under this section or out of the within 30 days after receiving the require- priate law enforcement personnel who have acts or omissions of the pilot in defending an ments described in subsection (a). expertise in self-defense training, security aircraft of the air carrier against acts of ‘‘(D) Training course curriculum lesson experts, and terrorism experts, and rep- plans and performance objectives to be used criminal violence or air piracy. resentatives of air carriers and labor organi- ‘‘(2) LIABILITY OF FEDERAL FLIGHT DECK OF- by instructors. zations representing individuals employed in ‘‘(E) Written training bulletins to reinforce FICERS.—A Federal flight deck officer shall commercial aviation. not be liable for damages in any action course lessons and provide necessary pro- ‘‘(2) AVIATION CREWMEMBER SELF-DEFENSE brought in a Federal or State court arising gressive updates to instructors. DIVISION.—Not later than 60 days after the ‘‘(3) RECURRENT TRAINING.—Each air carrier out of the acts or omissions of the officer in date of enactment of the Arming Pilots shall provide the training under the program defending an aircraft against acts of crimi- Against Terrorism and Cabin Defense Act of every 6 months after the completion of the nal violence or air piracy unless the officer 2002, the Under Secretary of Transportation initial training. is guilty of gross negligence or willful mis- for Security shall establish an Aviation Crew ‘‘(4) INITIAL TRAINING.—Air carriers shall conduct. Self-Defense Division within the Transpor- provide the initial training under the pro- ‘‘(3) EMPLOYEE STATUS OF FEDERAL FLIGHT tation Security Administration. The Divi- gram within 24 months of the date of enact- DECK OFFICERS.—A Federal flight deck officer sion shall develop and administer the implement of the Arming Pilots Against Ter- shall be considered an ‘employee of the Gov- mentation of the requirements described in rorism and Cabin Defense Act of 2002. ernment while acting within the scope of his this section. The Under Secretary shall ap- ‘‘(5) COMMUNICATION DEVICES.—The require- office or employment’ with respect to any point a Director of the Aviation Crew Self- ments described in subsection (a) shall in- act or omission of the officer in defending an Defense Division who shall be the head of the aircraft against acts of criminal violence or Division. The Director shall report to the clude a provision mandating that air carriers air piracy, for purposes of sections 1346(b), Under Secretary. In the selection of the Di- provide flight and cabin crew with a discreet, 2401(b), and 2671 through 2680 of title 28 rector, the Under Secretary shall solicit rec- hands-free, wireless method of commu- United States Code. ommendations from law enforcement, air nicating with the flight deck. ‘‘(i) REGULATIONS.—Not later than 90 days carriers, and labor organizations rep- ‘‘(6) REAL-TIME VIDEO MONITORING.—The re- after the date of enactment of this section, resenting individuals employed in commer- quirements described in subsection (a) shall the Under Secretary of Transportation for cial aviation. The Director shall have a include a program to provide flight deck Security, in consultation with the Firearms background in self-defense training, includ- crews with real-time video surveillance of Training Unit of the Federal Bureau of In- ing military or law enforcement training the cabins of commercial airline flights. In vestigation, shall issue regulations to carry with an emphasis in teaching self-defense developing this program, the Under Sec- out this section. and the appropriate use force. Regional retary shall consider— ‘‘(A) maximizing the security of the flight ‘‘(j) PILOT DEFINED.—In this section, the training supervisors shall be under the con- term ‘pilot’ means an individual who is re- trol of the Director and shall have appro- deck; sponsible for the operation of an aircraft, priate training and experience in teaching ‘‘(B) enhancing the safety of the flight and includes a co-pilot or other member of self-defense and the appropriate use of deck crew; the flight deck crew.’’. force.’’; ‘‘(C) protecting the safety of the passengers and crew; (b) CONFORMING AMENDMENTS.— (2) by striking subsection (b), and inserting ‘‘(D) preventing acts of criminal violence (1) CHAPTER ANALYSIS.—The analysis for the following new subsection: or air piracy; such chapter 449 is amended by inserting ‘‘(b) PROGRAM ELEMENTS.— ‘‘(E) the cost of the program; after the item relating to section 44920 the ‘‘(1) IN GENERAL.—The requirements pre- ‘‘(F) privacy concerns; and following new item: scribed under subsection (a) shall include, at a minimum, 28 hours of self-defense training ‘‘(G) the feasibility of installing such a de- ‘‘44921. Federal flight deck officer program.’’. that incorporates classroom and situational vice in the flight deck.’’; and (2) EMPLOYMENT INVESTIGATIONS.—Section training that contains the following ele- (3) by adding at the end the following new 44936(a)(1)(B) is amended— ments: subsections: (A) by aligning clause (iii) with clause (ii); ‘‘(A) Determination of the seriousness of ‘‘(f) RULEMAKING AUTHORITY.—Notwith- (B) by striking ‘‘and’’ at the end of clause any occurrence. standing subsection (j) (relating to authority (iii); ‘‘(B) Crew communication and coordina- to arm flight deck crew with less than-lethal (C) by striking the period at the end of tion. weapons) of section 44903, of this title, within clause (iv) and inserting ‘‘; and’’; and ‘‘(C) Appropriate responses to defend one- 180 days after the date of enactment of the (D) by adding at the end the following: self, including a minimum of 16 hours of Arming Pilots Against Terrorism and Cabin ‘‘(v) qualified pilots who are deputized as hands-on training, with reasonable and effec- Defense Act of 2002, the Under Secretary of Federal flight deck officers under section tive requirements on time allotment over a 4 Transportation for Security, in consultation 44921.’’. week period, in the following levels of self- with persons described in subsection (a)(1), (3) FLIGHT DECK SECURITY.—Section 128 of defense: shall prescribe regulations requiring air car- the Aviation and Transportation Security ‘‘(i) awareness, deterrence, and avoidance; riers to— Act (49 U.S.C. 44903 note) is repealed. ‘‘(ii) verbalization; ‘‘(1) provide adequate training in the prop- SEC. ll4. CABIN SECURITY. ‘‘(iii) empty hand control; er conduct of a cabin search and allow ade- (a) TECHNICAL AMENDMENTS.—Section ‘‘(iv) intermediate weapons and self-de- quate duty time to perform such a search; 44903, of title 49, United States Code, is fense techniques; and and amended— ‘‘(v) deadly force. ‘‘(2) conduct a preflight security briefing (1) by redesignating subsection (h) (relat- ‘‘(D) Use of protective devices assigned to with flight deck and cabin crew and, when ing to authority to arm flight deck crew crewmembers (to the extent such devices are available, Federal air marshals or other au- with less-than-lethal weapons, as added by approved by the Administrator or Under Sec- thorized law enforcement officials. section 126(b) of public law 107–71) as sub- retary). ‘‘(g) LIMITATION ON LIABILITY.— section (j); and ‘‘(E) Psychology of terrorists to cope with ‘‘(1) AIR CARRIERS.—An air carrier shall not (2) by redesignating subsection (h) (relat- hijacker behavior and passenger responses. be liable for damages in any action brought ing to limitation on liability for acts to ‘‘(F) Live situational simulation joint in a Federal or State court arising out of the thwart criminal violence or aircraft piracy, training exercises regarding various threat acts or omissions of the air carrier’s training as added by section 144 of public law 107–71) conditions, including all of the elements re- instructors or cabin crew using reasonable as subsection (k). quired by this section. and necessary force in defending an aircraft

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8229 of the air carrier against acts of criminal vi- nology, Terrorism and Government In- HONORING THE 2002 LITTLE olence or air piracy. formation be authorized to meet to LEAGUE BASEBALL WORLD SE- ‘‘(2) TRAINING INSTRUCTORS AND CABIN conduct a hearing on ‘‘An AMBER RIES WINNER CREW.—An air carrier’s training instructors Alert National System’’ on Wednesday, or cabin crew shall not be liable for damages Mr. REID. I ask unanimous consent in any action brought in a Federal or State September 4, 2002, at 10:00 a.m. in that the Senate proceed to the consid- court arising out of an act or omission of a Room 226 of the Dirksen Senate Office eration of S. Res. 320, which was intro- training instructor or a member of the cabin Building. duced earlier today by Senator BUN- crew regarding the defense of an aircraft Panel: Robbie Callaway, Chairman, NING. against acts of criminal violence or air pi- National Center for Missing and Ex- The PRESIDING OFFICER. The racy unless the crew member is guilty of ploited Children, Alexandria, VA; Shar- clerk will report the resolution by gross negligence or willful misconduct.’’. on and Nichole Timmons, Mother and (c) NONLETHAL WEAPONS FOR FLIGHT AT- title. victim of abduction, Riverside, CA; Ed- TENDANTS.— The legislative clerk read as follows: (1) STUDY.—The Under Secretary of Trans- ward Fritts, President and CEO, Na- A resolution (S. Res. 320) honoring the Val- portation for Security shall conduct a study tional Association of Broadcasters, ley Sports American Little League baseball to determine whether possession of a non- Washington, DC; Joe Farrow, Deputy team from Louisville, Kentucky, for winning lethal weapon by a member of an air car- Commissioner, California Highway Pa- the 2002 Little League Baseball World Series. rier’s cabin crew would aid the flight deck trol, Sacramento, CA; Marc Klaas, Fa- There being no objection, the Senate crew in combating air piracy and criminal ther of Polly Klaas, Victim of abduc- proceeded to consider the resolution. violence on commercial airlines. tion, Sausalito, CA. Mr. BUNNING. Mr. President, I rise (2) REPORT.—Not later than 6 months after today to take this opportunity, along the date of enactment of this Act, the Under The PRESIDING OFFICER. Without Secretary of Transportation for Security objection, it is so ordered. with my colleague from Kentucky, shall prepare and submit to Congress a re- Senator MCCONNELLL, to speak in support on the study conducted under paragraph f port of this resolution honoring the (1). Valley Sports American Little League The provisions of this amendment shall PRIVILEGES OF THE FLOOR Baseball Team from Louisville, Ken- take effect one day after date of enactment. tucky for winning the 2002 Little f Mr. BYRD. Mr. President, I ask unan- League Baseball World Series. imous consent that Brenda Toineeta, AUTHORITY FOR COMMITTEES TO This is the first time in the 56-year an Interior Department employee on MEET history of the Little League World Se- detail to the majority staff, be granted ries that a team from Kentucky has the privilege of the floor during consid- won the championship. COMMITTEE ON FOREIGN RELATIONS eration of H.R. 5093, the Interior appro- And all of us throughout the com- Mr. REID. Mr. President, I ask unan- priations bill. monwealth are very proud of these imous consent that the Committee on The ACTING PRESIDENT pro tem- young men and their coaches. Foreign Relations be authorized to pore. Without objection, it is so or- In fact, this team made it through meet during the session of the Senate dered. their entire playoff run without losing on Wednesday, September 4, 2002 at 4 Mr. BURNS. Mr. President, I ask a single game—24 games and 24 wins. p.m., to hold a nomination hearing. unanimous consent that Nancy Per- As someone who played and managed kins, a detailee from the office of Sen- professional baseball for over a quar- AGENDA ator JUDD GREGG, be granted the privi- ter-century, I can tell my colleagues Nominees: Mr. John R. Dawson, of lege of the floor during the consider- just how difficult it is to win 24 games the District of Columbia, to be Ambas- ation of the Interior appropriations in a row at any level of the sport. sador to the Republic of Peru (to be in- bill. Over the last month, when major troduced by the Honorable Bob Dole, The ACTING PRESIDENT pro tem- league players were bickering with former U.S. Senator); Mr. Antonio O. pore. Without objection, it is so or- owners about salaries and revenue- Garza, Jr., of Texas, to be Ambassador dered. sharing and drug-testing, the little to Mexico (to be introduced by the Mr. REID. Mr. President, I ask unan- leaguers showed the best of what base- Honorable Kay Bailey Hutchison and imous consent that Peter Mali, a fellow ball and our young people have to offer. the Honorable Phil Gramm); and Mrs. on my staff, be granted the privilege of They played with grit, determination Linda E. Watt, of Florida, to be Ambas- the floor during the consideration of and great skill. They displayed spec- sador to the Republic of Panama. the Interior appropriations bill. tacular sportsmanship along with giv- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ing us some of the finest baseball you objection, it is so ordered. objection, it is so ordered. will ever see. COMMITTEE ON HEALTH, EDUCATION, LABOR AND Mr. WELLSTONE. Mr. President, I The young men from Valley Sports PENSIONS ask unanimous consent that William played America’s national pastime as Mr. REID. Mr. President, I ask unanimous Denk, a fellow on the Finance Com- it is meant to be played. consent that the Committee on Health, Edu- mittee, be granted the privilege of the I take this opportunity to congratu- cation, Labor, and Pensions be authorized to floor for the pendency of the homeland late all of these young men—Aaron meet in executive session during the session security bill. Alvey, Justin Elkins, Ethan Henry, of the Senate on Wednesday, September 4, Alex Hornback, Wes Jenkins, Casey 2002, at 10 a.m., in SD–430. The following The PRESIDING OFFICER. Without item will be considered: S. 2758, the Child objection, it is so ordered. Jordan, Shane Logsdon, Blaine Mad- Care and Development Block Grant. den, Zach Osborne, Jake Remines, Josh The PRESIDING OFFICER. Without f Robinson and Wes Walden—along with objection, it is so ordered. their manager and coaches—Troy Osborne, Keith Elkins and Dan Roach— SPECIAL COMMITTEE ON AGING APPOINTMENTS for this remarkable achievement. Mr. REID. Mr. President, I ask unanimous consent that the Special Committee on The PRESIDING OFFICER. The Their heart and determination are Aging be authorized to meet today, Sep- Chair, on behalf of the Chairman of the models for us all. In my mind, they are tember 4, 2002 from 9:30 a.m.–12 p.m. in Dirk- Banking, Housing and Urban Affairs all true all stars. sen 628 for the purpose of conducting a hear- Committee, pursuant to Public Law Mr. REID. Mr. President, I might ing. 106–569, announces the appointment of note just in passing, this is a resolu- The PRESIDING OFFICER. Without the following individuals to be mem- tion honoring the Kentucky baseball objection, it is so ordered. bers of the Lands Title Report Commis- team that won the Little League World SUBCOMMITTEE ON TECHNOLOGY, TERRORISM, sion: Dore A. Bietz of Toulumne, Cali- Series, and there can be no better per- AND GOVERNMENT INFORMATION fornia; Juel C. Burnette III of Brandon, son to do this than the Senator from Mr. REID. Mr. President, I ask unan- South Dakota; Thomas Livermont of Kentucky, who is a member of the pro- imous consent that the Committee on Pierre, South Dakota; and Thomas H. fessional Baseball Hall of Fame. So I the Judiciary Subcommittee on Tech- Shipps of Durango, Colorado. think it is worth noting that a Member

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8230 CONGRESSIONAL RECORD — SENATE September 4, 2002 of the U.S. Senate, who is a member of I think it would send the wrong mes- PETER MARZIO, OF TEXAS, TO BE A MEMBER OF THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM EX- the Baseball Hall of Fame, offers a res- sage if we have no votes this week. The PIRING DECEMBER 6, 2006, VICE RUTH Y. TAMURA, TERM olution commending his State’s team only reason we would not have votes is EXPIRED. for winning the Little League World because the minority will not allow us IN THE AIR FORCE Series. to have votes. THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE I ask consent that the resolution and UNITED STATES OFFICERS FOR APPOINTMENT TO THE f GRADE INDICATED IN THE RESERVE OF THE AIR FORCE preamble be agreed to, the motion to UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ADJOURNMENT UNTIL 9:30 A.M. reconsider be laid upon the table, and TOMORROW To be colonel any statements thereto be printed in JAMES P. ACLY, 0000 the RECORD. Mr. REID. Mr. President, if there is MICHAEL D. AKEY, 0000 The PRESIDING OFFICER. Without no further business to come before the LAWRENCE N. APPEL, 0000 MICHAEL W. ARENSMEYER, 0000 objection, it is so ordered. Senate, I ask unanimous consent that STEPHEN M. ATKINSON, 0000 The resolution (S. Res. 320) was the Senate stand in adjournment under ROBERT J. BAYLOR, 0000 RAY A. BOOSINGER, 0000 agreed to. the previous order. CAROLYN F. BRAY, 0000 The preamble was agreed to. There being no objection, the Senate, PATRICIA A. BURKHART, 0000 GEORGE A. CIBULAS, 0000 The resolution, with its preamble, at 5:31 p.m., adjourned until Thursday, LAWRENCE W. COLE, 0000 reads as follows: September 5, 2002, at 9:30 a.m. KEVIN F. DANNEMANN, 0000 BURNETT L. DEYERLE III, 0000 (The bill will be printed in a future f CHARLES M. FARO, 0000 edition of the RECORD.) STEVEN J. FILO, 0000 NOMINATIONS JONATHAN S. FLAUGHER, 0000 f STEVEN D. FRIEDRICKS, 0000 Executive nominations received by the JAMES K. FULGINITI, 0000 ORDERS FOR THURSDAY, Senate September 4, 2002: SHARON M. GANN, 0000 DENNIS R. GRIES, 0000 SEPTEMBER 5, 2002 NATIONAL CONSUMER COOPERATIVE BANK THOMAS E. HAMMEN, 0000 FRANCIS J. HANZELKA, 0000 Mr. REID. I ask unanimous consent RAFAEL CUELLAR, OF NEW JERSEY, TO BE A MEMBER MICHAEL P. HARE, 0000 that when the Senate completes its OF THE BOARD OF DIRECTORS OF THE NATIONAL CON- SUSANNE T. HECHINGER, 0000 SUMER COOPERATIVE BANK FOR A TERM OF THREE GARRY T. HICKS, 0000 business today, it stand in adjourn- YEARS, VICE SHEILA ANNE SMITH, TERM EXPIRED. DAVID M. HOOPER, 0000 ment until 9:30 tomorrow morning; MICHAEL SCOTT, OF NORTH CAROLINA, TO BE A MEM- HAROLD P. HUDNALL JR., 0000 BER OF THE BOARD OF DIRECTORS OF THE NATIONAL JOHN K. KEENAN, 0000 that following the prayer and the CONSUMER COOPERATIVE BANK FOR A TERM OF THREE MARK R. KRAUS, 0000 pledge, the morning hour be deemed YEARS, VICE EWEN W. WILSON. KARL H. KROMER, 0000 DEPARTMENT OF STATE JOSEPH L. LENGYEL, 0000 expired, the Journal of proceedings be WILLIAM L. LEVAY, 0000 deemed approved to date, the time for FRANCIS X. TAYLOR, OF MARYLAND, TO BE DIRECTOR ANTHONY T. MAIDA II, 0000 OF THE OFFICE OF FOREIGN MISSIONS, AND TO HAVE JOHN E. MCCAIGE II, 0000 the two leaders be reserved for their THE RANK OF AMBASSADOR DURING HIS TENURE OF KELLY K. MCKEAGUE, 0000 use later in the day, and the Senate re- SERVICE, VICE DAVID G. CARPENTER. JOHN W. MCWILLIAMS, 0000 FRANCIS X. TAYLOR, OF MARYLAND, TO BE AN ASSIST- ADOLFO MENENDEZJIMENEZ, 0000 sume consideration of the Interior Ap- ANT SECRETARY OF STATE (DIPLOMATIC SECURITY), LODA R. MOORE, 0000 propriations Act; further at noon there VICE DAVID G. CARPENTER, RESIGNED. PHILLIP E. MURDOCK, 0000 GROVER JOSEPH REES, OF LOUISIANA, TO BE AMBAS- BILLY K. PATE, 0000 be a period of morning business until 1 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF GEORGE A. PAVLICIN, 0000 o’clock, with Senators permitted to THE UNITED STATES OF AMERICA TO THE DEMOCRATIC DANIEL L. PEABODY, 0000 REPUBLIC OF EAST TIMOR. HARVEY D. PERKINS, 0000 speak for up to 10 minutes each, with ROBERT E. PIERCE, 0000 the first half of the time under the con- NATIONAL MUSEUM SERVICES BOARD KENNY RICKET, 0000 trol of the Republican leader or his des- ELIZABETH J. PRUET, OF ARKANSAS, TO BE A MEMBER MICHAEL W. RITZ, 0000 OF THE NATIONAL MUSEUM SERVICES BOARD FOR A ALEX D. ROBERTS, 0000 ignee, and the second half under the TERM EXPIRING DECEMBER 6, 2004, VICE DAVID A. UCKO, JOSE A. RODRIGUEZMUNOZ, 0000 control of the majority leader or his TERM EXPIRED. HERIBERTO ROSA, 0000 JUDITH ANN RAPANOS, OF MICHIGAN, TO BE A MEMBER THOMAS R. SCHIESS, 0000 designee, and that at 1 p.m. the Senate OF THE NATIONAL MUSEUM SERVICES BOARD FOR A SCOTT B. SCHOFIELD, 0000 resume consideration of the Homeland TERM EXPIRING DECEMBER 6, 2002, VICE KINSHASHA WILLIAM H. SHAWVER JR., 0000 HOLMAN CONWILL, TERM EXPIRED. DANIEL E. SHEWMAKER, 0000 Security Act. JUDITH ANN RAPANOS, OF MICHIGAN, TO BE A MEMBER DEBRA A. SKELTON, 0000 The PRESIDING OFFICER. Without OF THE NATIONAL MUSEUM SERVICES BOARD FOR A CRAIG E. SNOW, 0000 TERM EXPIRING DECEMBER 6, 2007. (REAPPOINTMENT) REBECCA S. STEIDLE, 0000 objection, it is so ordered. EDWIN JOSEPH RIGAUD, OF OHIO, TO BE A MEMBER OF JAMES T. STRADER JR., 0000 THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM JOHN P. SWIFT, 0000 f EXPIRING DECEMBER 6, 2002, VICE ARTHUR ROSENBLATT, DANNY H. THOMAS, 0000 TERM EXPIRED. KELLY TIMMONS, 0000 VOTES ON PENDING AMENDMENTS EDWIN JOSEPH RIGAUD, OF OHIO, TO BE A MEMBER OF MARY ANN TIPTON, 0000 THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM WILLIAM N. WADE, 0000 Mr. REID. Mr. President, we have EXPIRING DECEMBER 6, 2007. (REAPPOINTMENT) ERIC G. WELLER, 0000 two amendments also that are now HARRY ROBINSON, JR., OF TEXAS, TO BE A MEMBER OF GEORGE G. WHITE JR., 0000 THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM CARL R. WILLERT, 0000 pending, the Wellstone amendment and EXPIRING DECEMBER 6, 2003, VICE ALBERTA SEBOLT DAVID A. WILSON, 0000 the Smith amendment. One is dealing GEORGE, TERM EXPIRED. JAMES R. WILSON, 0000 MARGARET SCARLETT, OF WYOMING, TO BE A MEMBER IN THE NAVY with corporate offshore locations, the OF THE NATIONAL MUSEUM SERVICES BOARD FOR A other deals with guns in cockpits of TERM EXPIRING DECEMBER 6, 2007, VICE JERRY D. FLOR- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- airplanes. They are both very impor- ENCE, TERM EXPIRING. POINTMENT TO THE GRADES INDICATED IN THE UNITED BETH WALKUP, OF ARIZONA, TO BE A MEMBER OF THE STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 531 AND tant amendments. NATIONAL MUSEUM SERVICES BOARD FOR A TERM EX- 5582: PIRING DECEMBER 6, 2003, VICE ROBERT G. BREUNIG, I hope we could vote on these tomor- TERM EXPIRED. To be commander row. Remember, we have the ceremony DAVID DONATH, OF VERMONT, TO BE A MEMBER OF GUERRY H HAGINS, 0000 THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM ALAN L JACOBS, 0000 in New York on Friday; therefore, we EXPIRING DECEMBER 6, 2004, VICE JEANNE R. FERST, ALAN J JARUSEWSKI, 0000 will not be able to get back on this leg- TERM EXPIRED. JOHN N LUND, 0000 islation until next week. NANCY S. DWIGHT, OF NEW HAMPSHIRE, TO BE A MEM- BER OF THE NATIONAL MUSEUM SERVICES BOARD FOR A To be lieutenant commander I know there is some concern about TERM EXPIRING DECEMBER 6, 2005, VICE AYSE MANYAS KENMORE, TERM EXPIRED. STANLEY D ADAMS, 0000 the Wellstone amendment by some A. WILSON GREENE, OF VIRGINIA, TO BE A MEMBER OF STEVEN K BRADY, 0000 Senators, but I hope there would not be THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM BARBARA A COLEMAN, 0000 EXPIRING DECEMBER 6, 2004, VICE CHARLES HUMMEL, REBECCA A CRICHTON, 0000 an effort to delay this very important TERM EXPIRED. VIVIAN M DEVINE, 0000 legislation because of this amendment. MARIA MERCEDES GUILLEMARD, OF PUERTO RICO, TO STACY K DIPMAN, 0000 We are going to vote on it. It is only BE A MEMBER OF THE NATIONAL MUSEUM SERVICES KIM E DIXON, 0000 BOARD FOR A TERM EXPIRING DECEMBER 6, 2005, VICE PATRICK W FERINDEN, 0000 a question of when. People already LISA A. HEMBRY, TERM EXPIRED. GLENN J GARGANO, 0000 know what they are going to do on PETER HERO, OF CALIFORNIA, TO BE A MEMBER OF DAVID W GIBSON, 0000 THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM KELLY M GOODIN, 0000 this. So I hope we could move this leg- EXPIRING DECEMBER 6, 2006, VICE ALICE RAE YELEN, BRADLEY H HAJDIK, 0000 islation along. I think it will send a TERM EXPIRED. KAMERON K KERNS, 0000 THOMAS E. LORENTZEN, OF CALIFORNIA, TO BE A MEM- MARIA I KORSNES, 0000 significant message to the President BER OF THE NATIONAL MUSEUM SERVICES BOARD FOR A EDWARD NIEVES, 0000 that this week we accomplished some- TERM EXPIRING DECEMBER 6, 2006, VICE PHILLIP FROST, STEVEN D NYTKO, 0000 TERM EXPIRED. STEPHEN S REDMOND, 0000 thing on this bill that he feels so TERRY L. MAPLE, OF GEORGIA, TO BE A MEMBER OF BRYAN C STILL, 0000 strongly about and that the two man- THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM JEFFREY B WALKER, 0000 EXPIRING DECEMBER 6, 2005, VICE TOWSEND WOLFE, JAMES B WARD, 0000 agers of this bill feel strongly about. TERM EXPIRED. DONNA M WILLIAMS, 0000

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 9801 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — SENATE S8231 To be lieutenant KENNETH M HUGHES, 0000 BRYAN R TANNEHILL, 0000 COLLEEN D HUSSION, 0000 JOSHUA P TAYLOR, 0000 TAMMERA L ACKISS, 0000 TODD E HUTCHISON, 0000 DANIEL W TESTA, 0000 MARK E ALLEN, 0000 CHARLES B JACKEL, 0000 ROBERT G TETREAULT, 0000 CHRISTOPHER R ANDERSON, 0000 ANTHONY A JACKSON, 0000 DAVID A THEIN, 0000 ERNESTO C ANDRADA JR., 0000 CARL S JAMES, 0000 BLAKE J TORNGA, 0000 MATTHEW J ARNOLD, 0000 JAY D JAMISON, 0000 ELIZABETH J TOUSE, 0000 DEANGELO ASHBY, 0000 RONALD J JENKINS, 0000 MICHAEL P TOUSE, 0000 DANIEL J AUGUST, 0000 CEDRICK L JESSUP, 0000 DANIEL R TOVAR JR., 0000 GERARD D AVILA, 0000 JOSEPH P JOHNSON, 0000 JOHN E TURNER, 0000 GILBERT AYAN, 0000 DARREN T JONES, 0000 DONALD C USSELMAN, 0000 ANTHONY W BAGNETTE, 0000 DOMINIC J JONES, 0000 JOHN F VANPATTEN, 0000 BRUCE W BEAM, 0000 THOMAS C JONES, 0000 JEREMY T VAUGHAN, 0000 THOMAS P BELSKY, 0000 BRANDON S KEITH, 0000 ELIZABETH G VOGEL, 0000 DENNIS A BENFIELD JR., 0000 MARIE J KELLEY, 0000 JON VOIGTLANDER, 0000 THOMAS M BESTAFKA, 0000 BARRY F KERTANIS, 0000 JEFFREY R VRCHOTICKY, 0000 JAY A BIESZKE, 0000 JAMES T KING, 0000 MICHEAL K WAGNER, 0000 DAVID BLACKMAN, 0000 ZAKI N KIRIAKOS, 0000 ANDRU E WALL, 0000 JENNIFER BLAZEWICK, 0000 MICHAEL T KOERNER, 0000 SHAREE L WEBB, 0000 JAMES W BOERNER, 0000 RAGHAV KOTVAL, 0000 CAROLINE D WELBORN, 0000 LIAM O BOOHER, 0000 JASON G KRANZ, 0000 MATTHEW T WILCOX, 0000 JOSEPH A BOVERI, 0000 TASYA Y LACY, 0000 RICHARD L WILHOITE, 0000 MICHAEL P BRADLEY, 0000 PETER T LAIRD, 0000 PAUL D WILL, 0000 MATTHEW BRADSHAW, 0000 LAWRENCE LAKEOTES, 0000 ETHAN R WILLIAMS, 0000 STEPHEN K BRENNEMAN, 0000 HAROLD LANE, 0000 SARA S WILSON, 0000 JOHN H BRIGHT III, 0000 PHILLIP M LAVALLEE, 0000 JOHN R WITHERS, 0000 ANDREW P BROWN, 0000 MICHAEL D LAWRENCE, 0000 BRET G WITT, 0000 SYLVESTER BROWN JR., 0000 JAMES K LE, 0000 JASON M WOOD, 0000 CHRISTOPHER G BRYANT, 0000 DAVID T LEE, 0000 WILLIAM WRIGHT, 0000 SAMUEL C BRYANT, 0000 JOHN E LEE III, 0000 ABRAHAM N YOUNCE, 0000 KENNETH W BURKE JR., 0000 BRYAN H LEESE, 0000 ROYCE YUNG, 0000 DONALD A BUTLER, 0000 MARK A LITKOWSKI, 0000 RICHARD A ZASZEWSKI, 0000 SANTIAGO B CAMANO, 0000 ROBERT S LOEB, 0000 GEORGE R CARAMICO, 0000 DARYL J LOTEMPIO, 0000 To be lieutenant junior grade GERARDO A CARITAN, 0000 GERALD C LOWE, 0000 HOLLY A BIDWELL, 0000 JAMES A CARLILL, 0000 ROBERT T LYON, 0000 STEPHEN R BIDWELL, 0000 DEANNA S CARPENTER, 0000 RONALD P MALLOY, 0000 BRIAN L CLAPP, 0000 TODD R CARPENTER, 0000 JOHN S MARINOVICH, 0000 PATRICK T CONNOR, 0000 DERRICK E CARROLL, 0000 BOGOLJUB MARKOVICH JR., 0000 RICHARD K CORDLE, 0000 CHARLES L CATHER, 0000 BOBBY J MARTINEZ, 0000 DENNIS A COX, 0000 DENISE L CHANNELL, 0000 RONALD MATA, 0000 MICHAEL R CHAPARRO, 0000 STEPHEN B MAY, 0000 CURTIS W CRONIN, 0000 TOBIAS CHAPPELL, 0000 TAMARA L MCCRACKEN, 0000 DANNY H CRUZ, 0000 GALO E CHAVES, 0000 JAMES D MCGOWAN, 0000 BRIAN G CUNNINGHAM, 0000 JOHN J CHEN, 0000 RICHARD J MCGUIRE, 0000 JARROD D DONALDSON, 0000 THANONGDETH T CHINYAVONG, 0000 LISA M MCLAUGHLIN, 0000 MARC K FARNSWORTH, 0000 DANIEL CIMMINO, 0000 THOMAS B MCLEMORE, 0000 CHARLES E FISHER, 0000 JUSTIN B CLANCY, 0000 CARLOS E MENDOZA, 0000 ANGELO D FONTANAZZA, 0000 THANE C CLARE, 0000 THOMAS S MENTZER, 0000 TRENNY R FOSTER, 0000 BRUCE L CLARK, 0000 RICARDO MERCADO, 0000 JASON P FOX, 0000 PAUL W CLARK, 0000 GARRETT H MILLER, 0000 JOSHUA J GAMEZ, 0000 MICHAEL J CLARY, 0000 JEFFREY A MILLER, 0000 CHRISTOPHER T GAY, 0000 MICHAEL A COMSTOCK, 0000 MARIA C MILLSAP, 0000 CHRISTOPHER J GILBERTSON, 0000 CHRISTOPHER M CONDON, 0000 MARK L MITCHELL, 0000 LOUIS M GUTIERREZ, 0000 SEAN P CONVOY, 0000 GARY G MONTALVO JR., 0000 ERIC W HAHN, 0000 TIMOTHY A CRADDOCK, 0000 DYLAN MONTES, 0000 DAVID J HANEY, 0000 IAN G CRAIG, 0000 DEMICHAEL T MORGAN, 0000 BRAD D HORNING, 0000 JOHANNA E CRAWFORD, 0000 JEFFREY A MORRIS, 0000 RICHARD C JOHNSTON, 0000 MARK L CUMMINGS, 0000 PAUL F MOUNTEL, 0000 DORIS E KRAFT, 0000 MARTIN L CUMMINS, 0000 GARY J MULLEN JR., 0000 ALICE Y LIBURD, 0000 TUNG S DANG, 0000 DANIEL S NEAL, 0000 ROBERTO MALDONADO, 0000 MATTHEW B DANIELS, 0000 DANIEL K NEICE, 0000 MATTHEW J MARTIN, 0000 MINJI DANIELS, 0000 TODD A NELMS, 0000 SHANNON A MARTIN, 0000 HUBERT C DANTZLER III, 0000 KEVIN E NELSON, 0000 BRIAN A MARTINEZ, 0000 WILLIAM G DAVIS III, 0000 HEATHER C NOHR, 0000 JAMES T MERCHANT, 0000 DEREK B DAWSON, 0000 SEAN T OCONNOR, 0000 AMY M MITCHELL, 0000 GRANT W DAWSON, 0000 BRUCE E OSBORNE, 0000 DAMIAN N NGO, 0000 MATTHEW B DELABARRE, 0000 JOSHU OSMANSKI, 0000 DAVID B NOYA, 0000 DEBORAH L DIEHL, 0000 JAMES C PABELICO, 0000 CRISPIN N PAVELSKI, 0000 RODRIGO M DILL, 0000 BRAULIO PAIZ, 0000 RAJSHAKER G REDDY, 0000 ANDREW R DITTMER, 0000 CHRISTINE C PALARCA, 0000 LENSWORTH A SAMUEL, 0000 CHRISTOPHER T DOLLARD, 0000 JASON A PARISH, 0000 MICHAEL J SAVARESE, 0000 WILLIAM A DOODY, 0000 MARY K PARKER, 0000 CHRISTOPHER SIMPSON, 0000 JAQUELINE G M DROTAR, 0000 RAYMOND A PAUL JR., 0000 CHRISTOPHER E SMITH, 0000 ROBERT C ECHOLS, 0000 DAVID D PETERSON, 0000 VORACHAI SRIBANDITMONGKOL, 0000 JAMES D EKBERG, 0000 LONNIE R PHILLIPS, 0000 TRENT M THOMPSON, 0000 JAMES R FARRAR, 0000 JEFFREY D PIZANTI, 0000 JOHN A TURNER, 0000 BRANT A FELDMAN, 0000 KIMBERLY A PIZANTI, 0000 JEREMY E VELLON, 0000 TYRONE P FIELDS, 0000 CARLOS A PLAZAS JR., 0000 MICHAEL D WAGNER, 0000 LANCE M FLOOD, 0000 COREY J PLOCHER, 0000 MARC F WILLIAMS, 0000 CLAYTON FOLEY, 0000 JOSEPH C POPE, 0000 PAMELA J WILLIAMS, 0000 DONALD M FOSS JR., 0000 WILLIAM R POTTS, 0000 MICHAEL D WISECUP, 0000 SEAN M FOSS, 0000 MELISSA POWERS, 0000 CHRISTOPHER J WOOD, 0000 EDWARD R FOSSATI, 0000 BRETT A PUGSLEY, 0000 MATTHEW A WRIGHT, 0000 JAMES D FOUNTAIN, 0000 MICHAEL J RAK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EDWARD C FOXWORTH JR., 0000 HOMERO RAMOS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHATHAN A FRAZIER, 0000 ANNE G REED, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DEANDREA G FULLER, 0000 SEAN E REPLOGLE, 0000 MARCUS N FULTON, 0000 MARK A REYES, 0000 To be lieutenant commander LENNY FUTERMAN, 0000 LIA M REYNOLDS, 0000 SCOTT A ANDERSON, 0000 JUAN R GARCIA, 0000 JAMES V RIDEOUT, 0000 WASNA C CLEMMONS, 0000 MATTHEW W GARRISON, 0000 ANGEL A RIVERA, 0000 JOHN J COYNE, 0000 CHRISTOPHER C GAVINO, 0000 SCOTT D ROBERTS, 0000 RONALD J HOLZMAN, 0000 JASON A GMEINER, 0000 SEAN P ROCHELEAU, 0000 GEORGE F KELLY, 0000 CASSIE A GORMAN, 0000 PETER M RODNITE, 0000 DAVID G LU, 0000 TYRONE W GORRICK, 0000 DANIEL J ROGERS, 0000 PHILIP E MARK, 0000 THOMAS R GOUDREAU, 0000 AARON C RUGH, 0000 DARREN L MCFALL, 0000 DOUGLAS GRABER, 0000 SONDRA M SANTANA, 0000 GREGORY R MENARD, 0000 JOSEPH R GREENTREE, 0000 TODD A SAYLOR, 0000 JEFFREY B MONTGOMERY, 0000 THERESA M GREGORY, 0000 JOSEPH R SCHAAF, 0000 KENNETH A PIECZONKA, 0000 TIMOTHY R GRIFFIN, 0000 DAVID L SCHOO, 0000 PAUL N SHIELDS, 0000 CHRISTOPHER M GUOAN, 0000 ASHLY H SCHWARTZ, 0000 DAVID R STIEGER, 0000 GLENN E HANKS, 0000 MITCHELL J SEAL, 0000 HIRAM THOMPSON JR., 0000 MICHAEL C HARPER, 0000 BRANDON G SELLERS, 0000 GWENDOLYN WILLIS, 0000 KEVIN S HARRIS, 0000 SARA E SHAFFER, 0000 RICHARD D HARVEY, 0000 DAVID D SHAND, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID B HAUSWIRTH, 0000 THAD J SHARP, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY ERIK D HENDERSON, 0000 WILLIAM C SHOEMAKER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL K HERBERT II, 0000 ROBERT Y SHU, 0000 To be lieutenant commander CHRISTOPHER M HERRON, 0000 CARL C SMART, 0000 THOMAS C HERZIG, 0000 JANICE G SMITH, 0000 DOUGLAS P BARBER JR., 0000 NEWTON D HIGH, 0000 SAMUEL A SMITH, 0000 RALPH L BOWERS, 0000 CARL C HINK, 0000 JONATHAN A STALEY, 0000 DANIEL R CROUCH, 0000 MICHAEL E HOBAUGH, 0000 MITCHELL S STREB, 0000 MICHAEL A DILAURO, 0000 SCOTT B HOBBS, 0000 ANDREW J SULLIVAN, 0000 JOSEPH J ELDRED, 0000 ANDREW R HOUSE, 0000 BRIAN C SUMMERFIELD, 0000 DAMIAN D FLATT, 0000 JULIE A HRDLICKA, 0000 MICHAEL J SZCZERBINSKI, 0000 PETER D GALINDEZ, 0000

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PATRICK J GIBBONS, 0000 JACOB L FRIESEN JR., 0000 BRET N PASIUK, 0000 MARC F GUARIN, 0000 DANA E GAFFNEY, 0000 SAYJAL J PATEL, 0000 GLENN R HANCOCK, 0000 DEREK A GAGNON, 0000 LISA A PAZDERNIK, 0000 MARK C HOLLEY, 0000 DAVID P GALLUS, 0000 GEOFFREY A PECHINSKY, 0000 DONALD C KING, 0000 KATERINA M GALLUS, 0000 DENISE L PEET, 0000 JAMES A LINK, 0000 JORGE A GARCIA, 0000 ARTHUR S PEMBERTON, 0000 SALVATORE M MAIDA JR., 0000 SANJIV J GHOGALE, 0000 JOSEPH F PENTA, 0000 RYAN J MCBRAYER, 0000 MICHAEL S GIBSON, 0000 MICHELLE M PERELLO, 0000 TALLEY E MCINTYRE, 0000 WILLIAM M GILL, 0000 ROBERT W PERKINS, 0000 FERNETTE L MOORE, 0000 JAMIE L GLADDEN, 0000 ROBERT J PETERSON, 0000 JENNIFER L ROPER, 0000 MAURICE L GOINS, 0000 MICHAEL D PETRUCCI, 0000 TREVOR A RUSH, 0000 ANGELA G GOPEZ, 0000 ANDREW C PFAFFENBACH, 0000 MELISSA E SCRUGGS, 0000 SEAN E GORETZKE, 0000 SUZANN K PIA, 0000 DANIEL P SHANAHAN, 0000 GREGORY H GORMAN, 0000 JENNIFER E PIERCE, 0000 DOUGLAS R VELVEL, 0000 SHAWN D GRANT, 0000 REBECCA A PIFER, 0000 FRANK T GRASSI, 0000 SCOTT A PLAYFORD, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD J GREEN, 0000 PETER R POGACAR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MEAGAN L GREGA, 0000 COLLEEN POWERS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: BENJAMIN T GRIFFETH, 0000 SUSAN C POWERS, 0000 To be lieutenant commander FRANCISCO J GUTIERREZ, 0000 TYLER M PROUT, 0000 CHRISTOPHER B HAAS, 0000 AMY A PULOSKI, 0000 PHILLIP M ADRIANO, 0000 DAVID M HAAS, 0000 ALFREDO R RAMIREZ, 0000 DAVID M AGEY, 0000 DAVID K HADLEY, 0000 JAMIE A RAMSAY, 0000 VANITA AHUJA, 0000 TIMOTHY W HAEGEN, 0000 FREDERICK J REED, 0000 THERESA A ALBRIGHT, 0000 GREGORY J HALL, 0000 SHARON B REED, 0000 DAVID E ALLEN, 0000 ARLENE L HANKINSON, 0000 JAMES J REEVES, 0000 ANGELA M ALLEVI, 0000 ERIK M HAPP, 0000 DAVID H REFERMAT, 0000 JENNIFER M ALMY, 0000 ADRIENNE K HARPER, 0000 WENDY R REGAL, 0000 HERNAN O ALTAMAR, 0000 DAVID W HAYNES, 0000 ROBERT J REMINGTON, 0000 PAUL B ALVORD, 0000 DAVID Y HEALY JR., 0000 CORINNE R REPLOGLE, 0000 STEPHEN P ARLES, 0000 KARI K HEBER, 0000 KATHERINE M REYES, 0000 RODNEY A ARMAND, 0000 ALAN C HEFFNER, 0000 CAROLYN C RICE, 0000 DAVID C ASSEFF, 0000 ROBERT L HELMER, 0000 BROWYN P RICHARDS, 0000 JAY A AVILA II, 0000 SCOTT A HENKE, 0000 MARK S RIDDLE, 0000 PHILIP D BAILEY JR., 0000 MICHAEL E HERMAN, 0000 DE D R L RIEGO, 0000 LORRAINE F BARRON, 0000 ERIC D HIGH, 0000 AMY E RINDFLEISCH, 0000 ROBERT V BARTHEL, 0000 PAUL HLADON, 0000 ROWLAND J RIVERO, 0000 JERRY Q BARTON, 0000 TUAN N HOANG, 0000 CARLOS J RODRIGUEZ, 0000 STEPHEN J BELL, 0000 JASON W HOLLENSBE, 0000 TIMOTHY B ROONEY, 0000 JASON H BENNETT, 0000 JAMES S HOUSTON, 0000 DAVID C ROSKA, 0000 CHRISTOPHER J BERRY, 0000 ROBERT T HOWARD, 0000 PETER J ROSSI, 0000 MARK A BICKERT, 0000 SEAN M HUSSEY, 0000 STEVEN L ROVENSTINE, 0000 SUZANNE C BILYEU, 0000 SCOTT L ITZKOWITZ, 0000 TIMOTHY E SAYLES, 0000 PENELOPE M BLALACK, 0000 SARAH R JAMES, 0000 CHAD W SCAROLA, 0000 PAUL L BLASKOWSKI, 0000 WENDY L JOHNSON, 0000 SANDRA A SCHAFFRANEK, 0000 KATY L BLOSS, 0000 MICHAEL KASELIS, 0000 KATHERINE I SCHEXNEIDER, 0000 BRIAN R BOGGS, 0000 DAVID L KAY, 0000 LINETTE T SCOTT, 0000 MICHAEL M BOND, 0000 MICHAEL P KEITH, 0000 LISA J SCOTT, 0000 RODERICK C BORGIE, 0000 STEPHEN J KELLAM, 0000 DANIEL F SEIDENSTICKER, 0000 BARBARA J BOROWY, 0000 MARGARET KELLY, 0000 RICHARD P SERIANNI, 0000 BRIAN N BOWES, 0000 JERRY M KELTON, 0000 STEPHEN W SEWARD, 0000 MICHELLE M BOYANCE, 0000 STEWART M KERR, 0000 ROBERT P SHAFER, 0000 DAVID A BOYD, 0000 CALLIOPE E KIM, 0000 NOMI SHAOOL, 0000 DANIEL R BREAZEALE, 0000 KENNETH R KNECHT, 0000 TODD A SHEER, 0000 ELISABETH M BRITTON, 0000 BRIAN K KNIGHTON, 0000 INGRID V SHELDON, 0000 BRIAN T BROCHU, 0000 NAIM V KOCHIU, 0000 QIHENG J SHEN, 0000 ALEXANDER S BROUGH III, 0000 STEPHEN G KOLKOW, 0000 KEVIN M SHERLOCK, 0000 BELINDA A BROWN, 0000 VICTORIA W KOU, 0000 TERESA K SHERMAN, 0000 DOUGLAS E BROWN, 0000 STEVEN M KRISS, 0000 DANIEL L SHERWOOD, 0000 JENNIFER L BROWN, 0000 MARCIA P KUCABA, 0000 DANNY T SHIAU, 0000 KEVIN J BROWN, 0000 MICHAEL A KUHN, 0000 DEVIN M SHOQUIST, 0000 ROBERT M BROWN, 0000 RON C KUZDAK, 0000 PETER R SHUMAKER, 0000 ANN M BUFF, 0000 DAVID S LAMBERT, 0000 ROBERT SILK, 0000 HAN Q BUI, 0000 EDWARD W LAMBERT III, 0000 PATRICK S SIPE, 0000 RACHEL A BURKE, 0000 WILLIAM LAND, 0000 CHARLES R SMALLING JR., 0000 JEANNE M BUSCH, 0000 KENDRA L LARKIN, 0000 CHAD J SMITH, 0000 ERIK R BYLUND, 0000 LORIE A LASHBROOK, 0000 COREY R SMITH, 0000 MICHAEL CACKOVIC, 0000 BRIAN D LAWENDA, 0000 DIONNE J SMITH, 0000 THOMAS A CAPOZZA, 0000 EDITH R LEDERMAN, 0000 DOUGLAS F SMITH, 0000 ALEXIOS G CARAYANNOPOULOS, 0000 CURTIS E LEHMAN, 0000 JOHN H SMITH JR., 0000 SCOTT J CARLSON, 0000 HELENE W LHAMON, 0000 MATTHEW D SOMMONS, 0000 LUTHER I CARTER, 0000 JOSEPH J LIENERT, 0000 MICHAEL J SORNA II, 0000 TINO CHEN, 0000 DAVID C LOPRESTI, 0000 ERIC T STEDJELARSEN, 0000 NORAK P CHHIENG, 0000 AMY K LUCKEYDOO, 0000 NICOLE L STERNITZKY, 0000 GENOLA C CHILDS, 0000 GUY L LUND, 0000 JENNIFER N STILL, 0000 EDWARD H CHIN, 0000 LAWRENCE J MADEWELL, 0000 MARK F STRASSBURG, 0000 CHRISTOPHER B CHISHOLM, 0000 MOHAMMAD A MALIK, 0000 JOSEPH E STRAUSS, 0000 BOEU M CHON, 0000 LUIS E MARQUEZ, 0000 CHRISTOPHER D STREETER, 0000 PERRIN C CLARK, 0000 ERIC J MARSH, 0000 NICKI S TARANT, 0000 BRUCE D CLEMONS, 0000 AMY H MARTIN, 0000 MORA N C TENEZA, 0000 JENNIFER A COADY, 0000 GARY L MARTIN, 0000 KENNETH A TERHAAR, 0000 LENA F COBBS, 0000 TIMOTHY E MATTISON, 0000 MICHAEL W TERKILDSEN, 0000 GEORGE S CONLEY, 0000 DAVID B MAY, 0000 ERIC L THOMAS, 0000 GERALD L COOKE, 0000 JOHN M MCDONALD, 0000 JOHNNA S THOMAS, 0000 JASON CORD, 0000 EDWIN T MCGROARTY, 0000 JODY R THOMPSON, 0000 RICKY COTTRELL, 0000 JAMES M MCKEE, 0000 DAVID R TOMLINSON, 0000 JOSEPH E CUMMINGS, 0000 STEVEN T MEISTER, 0000 KIMBERLY P TOONE, 0000 MICHELE A DANAHER, 0000 ERIC E MERRILL, 0000 KENNETH A TOTZ, 0000 EBONEE L DAVIS, 0000 DANIEL C MIELNICKI, 0000 MARK D TRAVIS, 0000 DOUGLAS J DENNETT, 0000 STEPHEN J MILBACK, 0000 WADE R TRAVIS, 0000 RUCHIRA S D DENSERT, 0000 ERIC S MITCHELL, 0000 ARVIN W TRIPPENSEE, 0000 RAYMOND M DEPA, 0000 GREGG J MONTALTO, 0000 DEBRA A TUCKER, 0000 BRENDA M DEPAOLA, 0000 DAVID K MOORE, 0000 MARK H TUCKER, 0000 ALBERT G DIDARIO, 0000 PETER A MORAWIECKI, 0000 MARIANNE W C TULLUS, 0000 ARFAN M DIN, 0000 CARLOS E MOREYRA, 0000 GRETCHEN M TULLY, 0000 WILLIAM R DODGE, 0000 HEATH A MORGAN, 0000 NATHAN S UEBELHOER, 0000 EDWIN C DOE, 0000 PATRICK J MORGANTE, 0000 ROBERT T VANHOOK, 0000 JOSEF F DOENGES, 0000 ANDREW M MORTON, 0000 LORI L VANSCOY, 0000 ANDREA B DONALTY, 0000 HEATHER MOSS, 0000 ROSITA M VEGA, 0000 FRANK M DOSSANTOS, 0000 AMY L MRUGALA, 0000 STACY L VOLKERT, 0000 BRADLEY S DOWLING, 0000 KURT H MUELLER, 0000 RICHARD A WADDELL, 0000 DAVID M DROMSKY, 0000 PATRICK E MUFFLEY, 0000 DAIN E WAHL, 0000 ANGELA M DROZ, 0000 KESHAV R NAYAK, 0000 COREY W WALKER, 0000 JAMES E DUNCAN, 0000 DANA L NEWSWANGER, 0000 RHONDA A WALLACE, 0000 WILLIAM D DUTTON, 0000 OAHN T NGUYEN, 0000 WILLIAM C WALLACE, 0000 FRANK S ELLIOTT, 0000 KELLY B NICHOLS, 0000 MICHAEL J WALT, 0000 MICHAEL E EPPERLY, 0000 LESLEY A NURSE, 0000 JOHN R WALTERS, 0000 REGINALD S EWING III, 0000 LINCOLN F NYMEYER, 0000 SAM O WANKO, 0000 KIMBERLY E FAGEN, 0000 CHERYL K OKADO, 0000 REBECCA M WANKUM, 0000 MAUREEN E FARRELL, 0000 PETER L OMALLEY, 0000 SONYA N WATERS, 0000 MARTHA FEENAGHTY, 0000 WILLIAM P OMEARA, 0000 DAVID E WEBSTER, 0000 JEFFREY H FEINBERG, 0000 LANCE M ORR, 0000 LEE P N WEISE, 0000 MICHAEL E FENTON, 0000 LUCIEN R OUELLETTE, 0000 SHERRILL L WELLER, 0000 JACQUELINE M FIGNAR, 0000 MICHAEL D OWENS, 0000 MICHAEL W WENTWORTH, 0000 CYNTHIA S FLORES, 0000 AMBER L PADDOCK, 0000 ADAM C WENZLIK, 0000 ANNE T FOX, 0000 ALTON B PARKER, 0000 JAMES C WEST, 0000 ROBB S FRIEDMAN, 0000 SCOTT G PARSONS, 0000 KIM M WEVER, 0000

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ERIC A WHEATLEY, 0000 DARREL E OLSOWSKI, 0000 JERRI A PALMER, 0000 TIMOTHY J WHITMAN, 0000 TERRY L OWENS, 0000 DEIDRA M PARKER, 0000 JESSICA B WILLERT, 0000 RICHARD A PAQUETTE, 0000 FRANCES C PERDUE, 0000 RICHARD M WILLEY, 0000 WILLIAM J PARRISH, 0000 KATRINA O PRINGLE, 0000 LEILA S WILLIAMS, 0000 ELISABETH G PETERS, 0000 CLIFFORD C PYNE, 0000 RONALD M WILLIAMS, 0000 JAMEAU PRYOR, 0000 CHRISTOPHER J REDDIN, 0000 EVAN R WILLIAMSON, 0000 JEFFREY W RAGGHIANTI, 0000 LAURIE H REPPAS, 0000 FREDERICK M WILSON, 0000 NICKOLAS L RAPLEY, 0000 GEORGE P RILEY, 0000 CRAIG M WOMELDORPH, 0000 CHAD R RIDDER, 0000 HEIDI Y ROBERTS, 0000 SUSAN S WONG, 0000 RICHARD R RIKER, 0000 SHARLEEN L ROMER, 0000 KOLAN C WRIGHT, 0000 RICKY L ROBINS, 0000 STEPHANIE L SANDERS, 0000 LAURA S WRIGHT, 0000 BRIAN V ROSA, 0000 MANUEL SANTIAGO, 0000 MICHAEL J YABLONSKY, 0000 KRIS E RUNAAS, 0000 KARL L YEN, 0000 COLLEEN C SALONGA, 0000 DAVID F SARTORI, 0000 AMY T YOUNG, 0000 BRIAN G SCHORN, 0000 MICHAEL J A SERVICE, 0000 PATRICK E YOUNG, 0000 BRETT M SCHWARTZ, 0000 MARIA V J SESE, 0000 CRAIG E ZINDERMAN, 0000 THOMAS A SCOTT, 0000 LINDA M SHINN, 0000 NEIL A ZLATNISKI, 0000 EDWARD L STEVENSON, 0000 SIMON Y D SMITH, 0000 KIRK M SWIANTEK, 0000 DONDRIA R SMITHHOLLIES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PAMELA S THEORGOOD, 0000 PAMELA L STOUT, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JAMES T THOMAS, 0000 DANIEL M SWISSHELM, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CANE A TOUSSAINT, 0000 PATRICIA M TAYLOR, 0000 To be lieutenant commander ROGELIO L TREVINO, 0000 DEBORAH A THOMPSON, 0000 JOSHUA L TUCKER, 0000 SUSAN M TOYAMA, 0000 KRISTIN ACQUAVELLA, 0000 BRETT A WAGNER, 0000 ROBERT J TURSI, 0000 PAUL A ARMSTRONG, 0000 JEROME R WHITE, 0000 SUSAN A UNION, 0000 BRIAN R BALDUS, 0000 DANIEL S WILCOX, 0000 MARK A WATSON, 0000 THOMAS P BASTOW, 0000 ELNORA E WINN, 0000 JENEVIEVE J WILLIAMSON, 0000 JOHN R BLACKBURN, 0000 TERRY D YARBROUGH, 0000 JANINE Y WOOD, 0000 JASON A BRIDGES, 0000 WILLIAM B ZABICKI JR., 0000 LETITIA D WOOTSON, 0000 PATRICK S BROWN, 0000 GEORGE A ZANGARO, 0000 CHAD B BURKE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRY D BURTON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEVIN N CARADONA, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY EUGENE S CASH, 0000 To be lieutenant commander UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY M CORLISS, 0000 CHRISTOPHER J CORRIGAN, 0000 SUE A ADAMSON, 0000 To be lieutenant commander ALBERTO C CRUZ, 0000 MICHAEL J ALLANSON, 0000 CURTIS A CULWELL, 0000 CHRISTOPHER M ANDREWS, 0000 CHRISTOPHER G ADAMS, 0000 GEORGE W DANIEL, 0000 PATRICIA E BEAMER, 0000 MARIA L AGUAYO, 0000 ANDREW R DARNELL, 0000 JUSTIN M BENNETT, 0000 ROLFE E ASHWORTH, 0000 DANIEL D DAVIDSON, 0000 MARK I BISBEE, 0000 JEANINE M AVANT, 0000 JUSTIN D DEBORD, 0000 JEFFREY W BLEDSOE, 0000 ALEXANDER W BARLAS, 0000 GLENN T DIETRICK, 0000 STEVEN L BROWN, 0000 JAMES B BLANTON, 0000 BRADLEY E EMERSON, 0000 BRADLEY D BUCHANAN, 0000 STEVEN J BOWSER, 0000 DION D ENGLISH, 0000 LYNN M CARLTON, 0000 BRIAN D CIARAVINO, 0000 MARK A ESCOE, 0000 ANDREW M CARTER, 0000 JAMES M COLLINS, 0000 KENNETH A S FAULKNER, 0000 NOELLE COLLETTA, 0000 MICHAEL A CONLEY, 0000 MICHAEL FAY, 0000 DANIEL J CROSBY, 0000 TIM J DEWITT, 0000 JIMMY D FINLEY, 0000 DAVID R CRUMBLEY, 0000 CHRISTOPHER J GALLAGHER, 0000 DANIEL F FINNEY, 0000 MONICA CSUJA, 0000 DANIEL W GRIPPO, 0000 JUSTIN K FRANCIS, 0000 EVE D CURRIE, 0000 RANDALL A GUMKE, 0000 MARC P GAGE, 0000 JANET L DAVIS, 0000 WENDY M HALSEY, 0000 JOHN C GASSER, 0000 SHARON L FARLEY, 0000 ERIC J HAWN, 0000 PLISKA L GILLIAM, 0000 DAVID L FELTON, 0000 RICHARD D HAYES III, 0000 BRIAN J GINNANE, 0000 ROBERT D FETHERSTON, 0000 DAVID R HOPKINS, 0000 PHILLIP A GIST, 0000 SUSAN K FIACCO, 0000 TAREY D ISBELL, 0000 JOSE GONZALES, 0000 DAVID C FISHER, 0000 MICHAEL D KENNEY JR., 0000 ADAM H GRAY, 0000 STACIA L FRIDLEY, 0000 ZAKI N KIRIAKOS, 0000 WESLEY A GRIFFIN, 0000 JAMES E GOSS, 0000 MICHAEL LEWIS, 0000 DAVID GWALTNEY, 0000 SHEILA I HEWITT, 0000 STEVEN C HARPER, 0000 EMILIE R HOOK, 0000 DAMON P LILLY, 0000 PAUL A HASLAM, 0000 CAROL B HURLEY, 0000 SCOTT D LOESCHKE, 0000 JAMES G HENDRICKSON JR., 0000 ROSLYN J JACKSON, 0000 JENNIFER J MACBAIN, 0000 CODY L HODGES, 0000 SHERRI D JACKSON, 0000 PETER J MACULAN, 0000 MATTHEW P HOFFMAN, 0000 KELLEY C JAMES, 0000 GILBERT B I MANALO, 0000 GREGG A HUDAK, 0000 JEANNE C JIMENEZ, 0000 JASON T MATHIS, 0000 JAMES P INGRAM, 0000 AMANDA S JOHN, 0000 RUSSELL J MATTSON, 0000 MATTHEW J JACOBS, 0000 CURTIS N JOHNSON, 0000 JAMES G MEYER, 0000 DARRELL M JOHNSTON, 0000 MICHELE A KANE, 0000 JAYSON D MITCHELL, 0000 TRENT C KALP, 0000 TERESA S KIMURA, 0000 JAY A MURPHY, 0000 ROBERT A KEATING, 0000 JULIA L KING, 0000 WILLIAM J PIERCE, 0000 MICHAEL E KINGMAN, 0000 KRISTIN L KLIMISCH, 0000 RICHARD L PRINGLE, 0000 PATRICK E KOEHLER, 0000 JOSEPH V KOSHIOL, 0000 RAYMOND A PYLE, 0000 CHRISTOPHER D LIGHT, 0000 RICHARD F KUTSCHMAN, 0000 CHRISTOPHER H REHKOP, 0000 EDWARD MARTINEZ, 0000 VENNESSA LAKE, 0000 RUSSELL V SEIGNIOUS, 0000 CALVIN MATTHEWS JR., 0000 LUCIAN C LAURIE JR., 0000 SCOTT A SHAULIS, 0000 RONALD C MONTEHERMOSO, 0000 SUSANNE M LEMAIRE, 0000 LATANYA E SIMMS, 0000 ERIC A MORGAN, 0000 TAMARA K MAEDER, 0000 DANIEL M STODDARD, 0000 SPENCER A MOSELEY, 0000 CHRISTOPHER R MANNION, 0000 DARREN L SWEET, 0000 RICHARD H MOSLEY, 0000 THOMAS P MATULA, 0000 MICHAEL R TASKER, 0000 DAVID F MURREE, 0000 CATHERINE M MCNEAL, 0000 DANIEL P TURNER, 0000 CHRISTOPHER T NELSON, 0000 ROBIN K MOELLER, 0000 GREGORY G VINCI JR., 0000 JAMES A NEUMAN, 0000 JENNIFER L MOORE, 0000 NELSON R WELLS, 0000 HARRY X NICHOLSON, 0000 JEAN M MURRAY, 0000 WILLIAM L WHITMIRE, 0000 SHAWN B NORWOOD, 0000 ALDA M OCONNOR, 0000 MICHAEL T WOLFERSBERGER, 0000 MICHAEL P OCONNELL, 0000 DEBBIE OHARE, 0000 RA YOEUN, 0000

VerDate Mar 15 2010 20:15 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 9801 E:\2002SENATE\S04SE2.REC S04SE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1483 EXTENSIONS OF REMARKS

TRIBUTE TO DAN NEELEY NYUMBANI ORPHANAGE MARKS this worthy program, and I very much hope 10TH ANNIVERSARY that we will continue to provide assistance without imposing burdensome regulations that HON. DALE E. KILDEE HON. GEORGE MILLER handicap the ability of the project to utilize our funds efficiently. In addition, efforts to secure OF MICHIGAN OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES private contributions and donations to enable IN THE HOUSE OF REPRESENTATIVES Nyumbani to continue and expand its efforts in Wednesday, September 4, 2002 Africa continue in the United States and world- Wednesday, September 4, 2002 Mr. GEORGE MILLER of California. Mr. wide. Mr. KILDEE. Mr. Speaker, I rise today to Speaker, I rise today to join with Members of The Nyumbani program is offering medical ask the House of Representatives to pay trib- this House and many others throughout the services, education, family and hope to doz- world in congratulating Father Angelo ute to a wonderful man who passed away on ens of children and others in Kenya, and de- D’Agostino, SJ., MD and his dedicated team August 19, Dan Neeley. Dan was a dear serves the recognition and support of all Mem- who are marking the 10th anniversary of the bers of the House and all Americans. I salute friend and his passing grieves me deeply. founding of the Nyumbani Orphanage in Dr. D’Ag and his co-workers, and the children Dan began working for Buick Motor Cor- Nairobi, Kenya. Father D’Ag, as he is univer- of Nyumbani on their 10th anniversary. poration on September 12, 1963. He was a sally known, created and has tirelessly built dedicated employee and a dedicated citizen. this unique facility for HIV-positive children in f He was honorably discharged from the United the midst of AID-ravaged sub-Saharan Africa. TRIBUTE TO SHIRLEY MAE GREEN States Army in 1967 after serving two years. I had the honor to visit Nyumbani several years ago, as have several other Members of After returning to his job at Buick, Dan be- the House and Senate, and I know we all sa- came active in the UAW. As a member of lute Father D’Ag, his staff, and the children for HON. JOE BACA Local 599 he was elected in numerous posts the great work they are doing. OF CALIFORNIA until he passed away. Between 1971 and his Before Nyumbani, HIV-positive children IN THE HOUSE OF REPRESENTATIVES passing Dan served as Alternate Committee- were being abandoned, excluded from man, Committeeman, Shop Committee, Alter- schools, orphanages and hospitals, left to die Wednesday, September 4, 2002 nate Shop Committee, Alternate Benefit Rep- without medical care or a home. Father D’Ag, Mr. BACA. Mr. Speaker, I would like to pay resentative, the Jobs Bank Coordinator, and a physician and priest, has built this refuge for tribute to the life of Shirley Mae Green, a be- he was a delegate to UAW Constitutional Con- the children, including a modem medical lab- loved community member. ventions and Bargaining Conventions. He was oratory and school, and increasingly is beating Shirley was born July 22, 1924 in Bristol, a member of the Civil Rights Committee, the the odds and providing the children a chance Virginia. She moved to Dayton, Ohio when to survive and live productive lives. FEPC Committee and the CAP Committee, she was a teenager, and graduated from Roo- Nyumbani also operates the Lea Toto com- sevelt High School in 1943. and he was a founding member of the ‘‘Unity munity-based outreach program which works Shirley was a caring, pro-active, and self- for Justice Black Caucus.’’ in the desperate slums of Nairobi with adults giving individual. She was very involved in her His determination to provide equal represen- and young people who are HIV-positive or at beloved community of Bloomington, California. risk of AIDS, educating them and providing tation to all persons led him to be involved in From her involvement in various organizations medical services. Today, the Nyumbani or- the community. Dan held in his heart the such as the Parent Teacher Association and phanage is caring for 85 children. As Father words of Reverend Jesse Jackson, ‘‘Educate the Norton Air Force Base Chapel she only D’Ag recently wrote, ‘‘When Nyumbani was yourself on all levels: academic as well as po- wanted to be of service. Her wholehearted ef- first established, very few of us thought these litical for knowledge is power.’’ His belief in the forts to improve the community made her a children would grow to adulthood, but through prime candidate to serve on the Parks and power of those words persuaded Dan to orga- all your love, prayers, care, attention and val- Recreation and the Colton Unified School Dis- nize the ‘‘Get Out the Vote Center’’ in Flint. ued contributions and donations, we are keep- trict Boards. Her desire to improve and moti- His support for minority owned business ing the kids alive, happy and educated. We vate the Bloomington community was visible brought about the ‘‘Black Business Awareness expect them to become valued members of from her involvement in Bloomington’s Christ- Day.’’ His ideas and involvement were the Kenyan society.’’ mas Tree Lighting, Clean-Up Day, Easter Egg genesis for greater union recognition of the The program is also making progress in Hunt, and numerous parades. Furthermore, changing public attitudes about HIV children, contributions of minorities. He led marches to she was an advocate for the Senior Center and recently was informed by the Nairobi City promote the inclusion of minorities in Joint and walking trail at Ayala Park. Council Education Office that they are re- Programs jobs and he was instrumental in ad- Shirley’s contributions to her Bloomington vancing minorities in leadership positions. Dan questing local schools to accept Nyumbani’s school-age children. This was unthinkable just community have been recognized through her loved people and the community acknowl- a short while ago in Kenya, and a genuine citizen of the year award in 1987, her two edged this love. Dan was especially proud to testament to the great work of the Nyumbani awards from the Bloomington Chamber of have received the Drum Major Award from the project. I am also very pleased to bear that Commerce in 1986 and 1988, and her award City of Flint and the Walter Reuther Twenty the U.S. Ambassador to Kenya, Johnnie Car- from the California Jaycees in 1987. Year Distinguished Service Award from the son, whom I met during his earlier service in Shirley passed away on Wednesday, Au- union. Ho Chi Minh City, is planning on honoring gust 28, 2002. She is survived by her husband Jerome Green, daughters Sharron, Jerri-Lynn His family, friends and the community will Nyumbani at an embassy reception later this and Laurie, sons Dennis and Joe, and seven remember the compassionate man devoted to year. It goes without saying that the financing of grandchildren and five great-grandchildren. helping those in need. We will hold in our the Nyumbani program continues to be a daily Her family, innumerable friends, and the entire hearts and minds his goodness, his fire, his struggle notwithstanding the many contribu- community will miss her greatly. keen intellect and strong desire for justice. I tions from individuals and governments. There And so Mr. Speaker, I submit this memorial ask the House of Representatives to rise and is a new ‘‘Nyumbani Gift Shop’’ that sells lo- to be included in the archives of the history of join me in honoring Dan Neeley and his life- cally-made items and gives all profits to the this great nation, for individuals like Shirley are long pursuit of a better world. Nyumbani project. While in Kenya, I urged our unique in their generous contributions to this local AID offices to expand U.S. assistance to country.

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

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.000 E04PT1 E1484 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2002 IN RECOGNITION OF MRS. MURIEL the next year and in 1936 he participated in years, he has served in varying capacities, in- SARGENT NORTH the historic Sit Down Strike. He was inside the cluding chaplain in the United States Air Force plant until the strike ended on February 11, Reserve, Director of Christian Education at the HON. MARGE ROUKEMA 1937 with an agreement between the union Brookhaven Church in Nashville, Tennessee, OF NEW JERSEY and General Motors. John’s career as a life- and adjunct professor at Nyack College. His IN THE HOUSE OF REPRESENTATIVES long advocate for working men and women service in the pastorate has included the Ren- was born in that fateful event. aissance Church of Chattanooga, Tennessee; Wednesday, September 4, 2002 Shortly thereafter he was elected as an al- the Roseville Church of Newark, New Jersey; Mrs. ROUKEMA. Mr. Speaker, I rise today ternate committeeman and served in that ca- and the North Church of Manhattan, New to recognize and congratulate a beloved mem- pacity until the plant was converted to World York. ber of our community in northern New Jer- War II production. During the war he worked Reverend Williams has ministered to sey—Mrs. Muriel Sargent North, who cele- in the aluminum foundry at Buick, building the Christ’s First and the surrounding community brated her 100th birthday on August 31, 2002. Allison airplane engine. He served as a Local for the past 8 years. Word of his wisdom and For a full century, Muriel has demonstrated 599 committeeman for the duration of the war strong belief spread quickly, and the church a sincere commitment to promoting education. and returned to Fisher Body in 1946. He re- rapidly expanded to include a large number of After graduating from Wheaton College, she mained at Fisher Body for the next forty years congregants. His preaching reached a global worked as a school teacher in New Hampshire and was elected to numerous committees and level through the Worldwide Ministries Division before settling in Ridgewood to raise a family groups culminating in his repeated election as of the Presbyterian Church (USA), an organi- with her husband, Ernest ‘‘Hap’’ North. In New President of Local 581. John served as that zation that distributed his sermons in Switzer- Jersey, Muriel served as a member of the Col- Local’s president more times than any other land, Portugal, Spain, Chile, Argentina and lege Club of Ridgewood, a charitable organi- individual. From there he was elevated to Uruguay. zation that seeks to expand opportunities for President of Region 1C. He worked tirelessly Our community was lucky to have Reverend advanced education by offering need-based on statewide and national committees for the Williams in our midst for the past 8 years. His grant and interest-free loan programs to stu- United Auto Workers to bring about tolerable sermons and lectures have taught us a great dents. Her involvement in the Club, which is working conditions, equitable pay, and a hu- deal about God, charity, the church and our composed of women who are graduates of mane environment for the workers of our community. We wish him well in his future en- four year colleges and universities, led to her country. deavors, and we will miss him greatly. On October 1, 1974 he retired from Fisher election as president, a position she held from f 1949 to 1951. Body with 40.8 years of service but his union Muriel is an outstanding example of the type career was just getting its second wind. He or- THE EXTENT OF CORPORATE of person who makes Bergen County such a ganized the Flint Area Retired Workers Coun- GREED wonderful place. An exemplary citizen, during cil in 1978 and served as its president for 22 the Second World War Muriel assisted the years. His work with the United Auto Workers HON. GEORGE MILLER country in the war effort by participating in the retirees led him to one of his greatest achieve- OF CALIFORNIA American Women’s Volunteer Service. As an ments. Instrumental in compiling a written IN THE HOUSE OF REPRESENTATIVES record of the Flint Sit Down Strike in 1987 for active member of St. Elizabeth’s Episcopal Wednesday, September 4, 2002 Church and the local Wheaton College Club, its 50th Anniversary, John is recognized by Muriel donated her time to support the activi- the community as the historian who captured Mr. GEORGE MILLER of California. Mr. ties of these worthy groups. In addition, Muriel the memories of that event for future genera- Speaker, for weeks we have heard of the ap- served as a leader in the community Girl tions. He took the recollections of the men and parently boundless greed of the leaders of Scouts chapter. women who acted with courage and boldness some of America’s largest corporations— Full of energy and with a spirit of adventure, in 1936, and ensured that their words and ac- greed that has led them to ignore the retire- Muriel’s enthusiasm is truly contagious. Even tions will live forever. Our children and grand- ment needs of their own employees and dev- at the age of 100, she remains active in the children will be able to learn about the valor of astate their pension funds, slash their retiree Heath Village Community, participating in these individuals who changed our world for- health benefits, mislead their own investors many of the group’s planned trips and outings. ever. Our debt to him is immeasurable. and stockholders, lie to public regulators, and Her hard work and assistance in organizing Mr. Speaker, I ask the House of Represent- cheat taxpayers. the Heath Village Craft Fair have helped to atives to rise today and pay tribute to one of That greed has taken the form of uncon- make the event a tremendous success. the great men. John Yorko’s humility, compas- scionable salaries and benefits, grotesque re- It is an honor to recognize Muriel Sargent sion, and forthrightness have inspired many to tirement benefits (even as employee retirees North today for her 100 incredible years of follow in his footsteps. I am proud to call him were being deprived of their life savings), service to her fellow citizens and her generous my friend. cashing out weakening stocks (even as they spirit. Muriel’s outlook on life is a wonderful f encouraged employees to invest more in the same depreciating stocks), preposterous in- example for us all. Bergen County is truly for- OUTSTANDING SERVICE OF sider loans, and other types of executive com- tunate to have her as a member of the com- REVEREND MARVIN WILLIAMS munity. pensation that financed a lifestyle of multi-mil- Mr. Speaker, I ask my colleagues in the HON. CAROLYN McCARTHY lion dollar homes and other lavish displays of House of Representatives to join me in con- wealth. OF NEW YORK As Arianna Huffington has recently pointed gratulating Muriel Sargent North on her mile- IN THE HOUSE OF REPRESENTATIVES stone 100th birthday. out, we might read the numbers that describe Wednesday, September 4, 2002 the greed of these corporate criminals, but the f Mrs. MCCARTHY of New York. Mr. Speak- numbers are simply beyond comprehension. TRIBUTE TO JOHN YORKO er, I rise in recognition of Reverend Marvin Ms. Huffington has thoughtfully calculated Williams’ devotion to the Christ’s First Pres- some comparisons to help us appreciate the HON. DALE E. KILDEE byterian Church of Hempstead. extent of the greed. OF MICHIGAN Reverend Williams has an admirable back- Take, for example, the practice of corpora- IN THE HOUSE OF REPRESENTATIVES ground. He has an undergraduate degree from tions making astronomical—and usually unse- Old Dominion University, and Master of Divin- cured—loans of tens or even hundreds of mil- Wednesday, September 4, 2002 ity degree from the Interdenominational Theo- lions of dollars to their executives: loans there Mr. KILDEE. Mr. Speaker, I rise today to logical Center. Williams expects to receive a is no realistic expectation they will repay, and recognize a good friend and a wonderful per- Master of Arts degree from Vanderbilt Univer- loans which certainly are not being offered to son, John Yorko. John was honored on Au- sity in December 2002, and anticipates earn- other employees of the corporations. I recently gust 21st in my hometown of Flint, Michigan ing a Doctorate of Philosophy degree in the introduced legislation, H.R. 5048, prohibiting by his friends, and former co-workers for his area of Biblical Studies in December 2003, such loans in excess of $50,000, a version of dedicated service to the United Auto Workers after successful completion of his dissertation which was incorporated into the recently en- and its membership. project. acted accounting reform legislation thanks to John started working at the Fisher Body 1 The Reverend has touched many lives the initiative of Senator CHARLES S. SCHUMER plant on February 2, 1934. He joined the CIO through his ministering. Over the past 16 of New York.

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.003 E04PT1 September 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1485 We now know that the insider loans ex- —Transplant the lungs of 1.7 million pa- (1) conduct an instructional soccer camp for tended to John Rigas of Adelphia, Bernie tients—at $250,000 each—suffering from irre- grade school aged youth, and (2) provide reg- Ebbers of WorldCom, Stephen Hilbert of versible emphysema. ulation soccer equipment for the players. To Conseco, Dennis Kozlowski of Tyco and Ken —Pay the salaries of every Major League achieve her goals, Brandy recruited girls and Lay of Enron totaled $3.9 billion. baseball player for the next 237 years. solicited donations of used soccer equipment. As Ms. Huffington calculates, that $3.9 bil- Now, perhaps these wouldn’t be the prior- The donated items were made available to all lion could: ities you’d spend your billions on if you had interested youth in the community. Brandy’s —Fund Habitat for Humanity to build 83,691 them, instead of the selfish executives who soccer camp, held April 6, 2002, included drills homes at a cost of $46,600 each for Amer- have devastated the lives of millions of Amer- for improving skills in shooting, dribbling, pass- ica’s homeless. ican families. But the scope of the greed high- ing, and teamwork. She discussed the history —Send 35,583 poor but deserving students lights the extent of the corruption that has of soccer, reviewed the fundamentals of the to Harvard Business School. been tolerated by some in the business com- game, and provided lunch for thirty partici- —Loan United Airlines the $1.8 billion it munity, inadequately regulated by those pants. says it needs to avoid bankruptcy—twice. charged with policing corporate behavior, and Rebecca’s Gold Award project Ballet for —Buy every WorldCom shareholder a Xerox ignored by Republicans in developing thor- Young Girls was designed to teach young girls copier, some aspirin from Rite Aid, a year of oughly inadequate legislative responses to in the fundamentals of ballet to instill in them long-distance service from Qwest, and a share protect the economic security of America’s a love of ballet and to provide a venue to of Enron stock (suitable for framing). working families, employees and investors. demonstrate what they had learned. Working —Fund the SEC’s now, greatly increased, f with 12 girls over a three-month period, Re- annual budget for five years. becca instructed the girls in ballet skills. To TRIBUTE TO LISA HERRINGTON, Other efforts to achieve real reform have make the experience even more meaningful, BRANDY O’BRIAN AND REBECCA Rebecca made costumes for the ballerinas. In been less successful than our insider loan re- RAPPLEYEA striction. For example, when the House con- addition to learning ballet as an art form, the sidered pension legislation last spring, Repub- girls developed an appreciation for teamwork, licans voted to deny Democrats the oppor- HON. TIMOTHY V. JOHNSON As a result, Rebecca saw the participants gain tunity to offer any amendments, including one OF ILLINOIS self-confidence and self-esteem, both valuable we had unsuccessfully offered in the Com- IN THE HOUSE OF REPRESENTATIVES qualities upon which to build their lives. mittee on Education and the Workforce to as- Wednesday, September 4, 2002 I ask you, my colleagues, to take the time to honor these three young woman and the sure that executives did not enjoy special Mr. JOHNSON of Illinois. Mr. Speaker, treatment in the sale of corporate stock while many young women in your districts that con- today I would like to salute Lisa Herrington, tinue to share their skills and caring hearts to their employees were locked in through a pen- Brandy O’Brian, and Rebecca Rappleyea. All sion fund completely controlled by executives. our children and our communities through the three of these young women were recently Girl Scouts of the U.S.A. Because the Republican cared more about honored with the Girl Scout Gold Award by f protecting the greed of the executives than Girl Scouts—Green Meadows Council in Ur- about equity for employees, that provision is bana, Illinois. These women were honored on 10TH ANNIVERSARY OF THE not in the House pension bill. May 13, 2002 for earning the highest achieve- FLINT-TOGLIATTI SISTER CITIES According to Fortune magazine, corporate ment that a young woman aged 14–17 or in PARTNERSHIP executives made $66 billion by selling their grades 9–12 can earn in Girl Scouting. The company stock even while their employees Girl Scout Gold Award symbolizes outstanding HON. DALE E. KILDEE were prohibited from doing so, or continued to accomplishments, each of which helps girls buy stock based on the ‘‘buy’’ and ‘‘hold’’ rec- OF MICHIGAN develop skills in the areas of leadership, ca- IN THE HOUSE OF REPRESENTATIVES ommendations of those same executives. As a reer exploration, self-discovery, and service. result, employees and investors lost hundreds Girl Scouts of the U.S.A., an organization Wednesday, September 4, 2002 of billions of dollars. Republicans also deserving over 2.5 million girls, has awarded Mr. KILDEE. Mr. Speaker, I ask the House feated our efforts to assure that employees be more than 20,000 Girl Scout Awards to Senior of Representatives to join me in congratulating included on the pension boards that manage Girl Scouts since the inception of the program Flint, Michigan and Togliatti, Russia as they their own money, so that this kind of deceit in 1980. To receive this award, a Girl Scout celebrate 10 years as Sister Cities. A cere- could not reoccur. must earn four interest project patches—the mony will be held tomorrow in Flint to com- What could we do with that $66 billion, Career Exploration Pin, the Senior Girl Scout memorate this event. grabbed by greedy executives while their em- Leadership Award, the Senior Girl Scout Chal- Sister Cities is a program to encourage per- ployees and stockholders were left destitute? lenge, and design and carry out a Girl Scout sons and groups to engage in citizen diplo- Here are some examples provided by Ms. Gold Award project that requires a minimum of macy. President Dwight Eisenhower gave the Huffington: 50 hours of participation. A plan for fulfilling idea impetus at a ‘‘People-to-People’’ con- —Fund the annual budget of the FBI, cor- these requirements is created by the Senior ference in 1956. President Eisenhower’s hope porate crime-fighting included, for 16 years. Girl Scout and is carried out through close co- was that the personal relationships between —Increase by 74 times the U.S. foreign aid operation between the girl, her troop leader, individuals would lessen the prospect of future to all of sub-Saharan Africa. and an adult Girl Scout volunteer mentor. world conflicts. Born out of this idea, Sister —Cover the entire $25 billion America has Lisa’s Gold Award project A Great Summer Cities International has established municipal spent fighting the war against terrorism in Af- for Migrant Families was a result of her volun- associations throughout the world, promoting ghanistan. And still have enough left over to teer work with migrant families during the past an environment of cultural, educational, pro- give every Afghan more than two times their five years. Realizing that migrant families in fessional and technical exchanges between average yearly income. the Rantoul area had many needs, Lisa devel- communities. —Pay the $1.08 million sales tax on Dennis oped a plan to receive donations from schools Flint is the birthplace of General Motors and Kozlowski’s artwork and still have $66 billion and churches in the Rantoul area. Girl Scout Togliatti is the home of the Volzhsky Auto- left to buy every masterpiece in the Metropoli- Troops were asked to collect supplies for the mobile Plant (VAZ), Russia’s largest auto- tan Museum of Art’s Impressionist collection at daughters of migrant workers. All of the col- motive manufacturer. This mutual interest in its assessed value. lected items were distributed through the the automotive industry was genesis of the As the executives took their money and ran, Champaign Unit 4 School District Summer Sister City relationship between the two towns. investors lost $427 billion in the market value School Program. Lisa concluded her project The partnership has been very active since of WorldCom, Tyco, Qwest, Enron and Global by using her Program Aide skills to plan and the beginning 10 years ago. The University of Crossing. With that $427 billion, you could: carry out activities during the three week sum- Michigan-Flint School of Management and the —Fund the United Nations for the next 300 mer Girl Scout program for daughters of mi- Togliatti College of Business and Banking ex- years. grant workers. change faculty and students. The Community —Pay off Argentina’s external debt three Brandy’s Gold Award project Let’s Get Foundation of Flint and the C.S. Mott Founda- times over. Kickin’ incorporated her love of soccer in a tion were instrumental in helping Togliatti or- —Give $356 to every man, woman and way that would benefit youth in the Fisher ganize the first Russian Community Founda- child on the planet living in poverty. area. Let’s Get Kickin’ had two components: tion. The Flint Area Chamber of Commerce

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.007 E04PT1 E1486 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2002 assisted in the development of Togliatti’s Let me begin by saying that I strongly sup- to gratuitously protect irresponsible corpora- Chamber of Commerce and the Flint Rotary port protecting our borders; I strongly support tions, including those that incorporate offshore helped found its counterpart in Togliatti. protecting our citizens in their daily lives; I to avoid paying their share of the war on ter- Remembering not only the relationships be- strongly support the President, in the authority rorism and those who knowingly make faulty tween organizations, Flint and Togliatti will which Congress gave him to battle terrorism at products. also celebrate the flourishing exchange of their home and abroad to protect the American way We opposed efforts to retain the President’s citizens and the friendships that have blos- of life. However, I cannot support these pro- plan to dismantle civil service protections and somed as a result of the Sister Cities program. tections if we weaken individual civil liberties, guaranteeing that the new department will not Flint will honor this milestone with events be- limit the ability of citizens to know what our have the best possible workforce. tween September 6 and September 10th. government is doing in their name, and gut We opposed efforts to create a huge, costly, Togliatti will commemorate the anniversary worker rights to accomplish these objectives. and inefficient 1950s style government bu- with events between September 20 and Sep- I was very encouraged by the initial steps reaucracy that will likely take years before it tember 24th. taken by the various House Committees as we functions properly. Mr. Speaker, I ask the House of Represent- began crafting the legislation to implement the The attempts to strengthen this legislation atives to join me in congratulating Flint, Michi- President’s proposal for the new department. were undertaken to make the American peo- gan and Togliatti, Russia for embracing the Unfortunately, the final product of the House ple safer and ensure that those Americans spirit of the Sister Cities program. The affinity Select Committee on Homeland Security by- who work each day in this new Department that has evolved between these two commu- passed much of the early outstanding bipar- have the tools, securities, and worker protec- nities is an example to everyone that people tisan work of the House. tions in place, as other federal workers, to bat- everywhere can live in harmony and realize Mr. Speaker, the bill considered and passed tle terrorism and keep the homeland safe. their aspirations through friendship and good- by the Select Committee that we consider will. today does not include many sound and sen- I am hopeful that when Congress recon- venes in September that the Conference Com- f sible provisions passed by the committees with expertise. In addition, the Select Com- mittee will return to both chambers a Home- RECOGNIZING BUSINESS AND mittee added a number of flawed and con- land Security bill that is the product of strong PROFESSIONAL WOMEN/USA troversial provisions, which were neither pro- bipartisan effort. I believe we can and we must posed by the President nor considered by the create an effective Department of Homeland HON. BILL LUTHER committees of jurisdiction. Creating a brand Security that simultaneously protects the homeland, protects workers, and protects our OF MINNESOTA new cabinet level Department of Homeland basic freedoms and civil liberties. IN THE HOUSE OF REPRESENTATIVES Security is something that should require months and months of research, committee Wednesday, September 4, 2002 work, and understanding to properly ensure f Mr. LUTHER. Mr. Speaker, I would like to initiatives are in place to reduce risk and re- COMMENDING MICHELLE recognize Business and Professional Women/ spond to terrorists’ attacks. CHRISTINE PRESSON USA for their longtime commitment to equality These last two days have been very frus- in the workplace and for their efforts to pro- trating. Although a bipartisan group has tried mote full participation, equity and economic to correct many of H.R. 5005’s shortcomings, HON. J. RANDY FORBES self-sufficiency for America’s working women. the leadership has decided not to improve this OF VIRGINIA Our nation has made considerable achieve- bill. We repeatedly tried to fix this bill so that IN THE HOUSE OF REPRESENTATIVES ments in the fight for equality with women- a nearly unanimous majority could support owned businesses accounting for over one- final passage. Unfortunately, that will not be Wednesday, September 4, 2002 third of all firms in the United States. These the case. Mr. FORBES. Mr. Speaker, I would like to women-owned businesses provide employ- Mr. Speaker, there are several troublesome take this opportunity to recognize the out- ment for one out of every four U.S. workers. provisions in this bill, H.R. 5005, which raise standing contributions of Michelle Presson on However, more needs to be done. There are questions as to its ability to secure the home- behalf of the citizens of the 4th District of Vir- numerous social, educational, economic and land, its ability to keep Congress and the ginia. On August 31, 2002, Michelle, who has political barriers to achieving real equality and American people adequately apprised of gov- served as my Senior Advisor and Legislative self-sufficiency in many areas of the world and ernmental activities, and its ability to protect Director, will leave Capitol Hill for another full public policy makers must strive to correct the rights of the department’s new employees. time and demanding position, that of a mother these inequities. The House defeated an amendment to pro- to her daughter Abigail. I would like to join Business and Profes- tect the civil service rights of the nearly sional Women/USA in recognizing National 170,000 federal employees who will move to Over the past ten years, Michelle has Business Women’s Week which runs from Oc- the new department. H.R. 5005 also failed to proudly and competently served three other tober 21 through October 25, 2002. I urge all protect federal whistle-blowers that might un- Members of this body as Legislative Assistant, public and community organizations to join this cover problems or inadequacies in the new Legislative Counsel and Legislative Director. salute by celebrating the achievements and department. We also have reduced access to Congressman CHRIS SMITH, Congressman the contributions that business and profes- government documents for average Americans ANDER CRENSHAW and former Congress- sional women have made to our society and by restricting Freedom of Information Act re- woman Tilley Fowler have all had the honor of daily lives. quests, which are critical to our open form of having Michelle on their respective staffs. Michelle is the type of person and employee f government. We also failed to approve a provision to strike an extension of the airline bag- that any Member would be honored to have H.R. 5005, ESTABLISHING THE DE- gage-screening deadline. on their team. PARTMENT OF HOMELAND SECU- I believe we in Congress must do everything Mr. Speaker, I ask that you join me in salut- RITY in our power to strengthen our borders and ing Michelle for her distinguished service and take the necessary steps to ensure that the commitment to this body and to the people of HON. TOM UDALL events of September 11th never occur again. Virginia’s 4th District. Just as we will never for- OF NEW MEXICO However, the bill before us takes many unnec- get what she has done here, the numerous IN THE HOUSE OF REPRESENTATIVES essary steps in the name of Homeland Secu- constituents she has served well over the last rity. Unfortunately, for these and other rea- ten years will not forget either. She has en- Wednesday, September 4, 2002 sons, I cannot support final passage of this riched the lives of those whom she served. Mr. UDALL of New Mexico. Mr. Speaker, for legislation. Michelle leaves Capitol Hill with our gratitude the past two days, the House of Representa- Our efforts during these last two days were for a job well done. I commend her for her tives has debated legislation establishing a not done in vain. What we were able to do, dedication to her family and am confident that Department of Homeland Security. The need Mr. Speaker, is highlight many areas of this she will excel in the noble profession of moth- for this important federal department resulted legislation that must be improved during Con- erhood. Michelle is the very embodiment of from the cruel and unprovoked surprise attack ference. the words service and dedication and it is fit- on America that occurred in the morning hours We tried to protect our tradition of open and ting that the House of Representatives honor of September 11, 2001. accountable government. We opposed efforts her this day.

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.010 E04PT1 September 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1487 TRIBUTE TO ROBERT WADE many thousands of students in all areas of Golub Corporation/Price Chopper Super- BYARS chemical sciences. Although predominantly markets, one of the largest and most re- home to the Department of Chemistry, Noyes spected supermarket chains in Upstate New HON. JOE BACA Laboratory has also housed the Departments York. Mr. Golub has received the United OF CALIFORNIA of Biochemistry, Chemical Engineering, Bac- Way’s CEO of the Year Award and the John IN THE HOUSE OF REPRESENTATIVES teriology, and Illinois State Water Survey. J. O’Connor Excellence in Leadership Award, Hence Noyes Laboratory became one of as well as the American Marketing Associa- Wednesday, September 4, 2002 America’s first and most productive institutes tion’s Marketer of the Year Award, the New Mr. BACA. Mr. Speaker, I would like to pay for interdisciplinary research. Ten Nobel Prize York Capital District Business Review’s Exec- tribute to the life of Robert Wade Byars, a be- winners have worked or studied at Noyes Lab- utive of the Year Award, and the Capital Re- loved community member. oratory. St. Elmo Brady, Ph.D. 1916, was the gion Business Hall of Fame Award. Through Robert was born and spent his early child- first African-American Ph.D. chemist in the the Golub Family’s sincere dedication to and hood in the small town of Byars, Oklahoma, United States and did his thesis work in Noyes pride in the Golub Corporation/Price Chopper which was founded by his great grandfather. Lab. To follow that, twelve thousand bach- Supermarkets, the business remains a stal- His family moved from Byars to Ardmore, elors, masters, and Ph.D. degrees have been wart pillar in the community that surrounds it. Oklahoma when he was a young teenager in earned by students working in this prestigious Mr. Golub commits himself far beyond the search of business opportunities. In 1941, building. boundaries of his career, Mr. Speaker. His faced with the tragedy of Pearl Harbor, he Among the unprecedented discoveries selfless community service embodies the defi- selflessly enlisted in the U.S. Army and was made in Noyes Lab during the past century nition of a true American. He currently acts as shipped out the next day. He was stationed at are the following: development of NMR spec- the Regional Vice Chair of the NYS Business various locations in the South Pacific, includ- troscopy as a tool for chemists (Herbert Council, and sits on the Board of Directors of ing Guadalcanal and the Philippines. Through- Gutowsky), the elucidation of a theory of elec- the Saratoga Performing Arts Center, the out his service he found himself in the midst tron transfer (Rudy Marcus), the development Board of Directors of Empire State College, of combat and still continued to fight for his of Fourier-transform microwave spectrometry and the Board of Directors of the Food Mar- county. In addition, he served as a member of (Willis Flygare), the founding of coordination keting Institute, to name a few. In addition, Mr. a special U.S. Army unit that worked with the chemistry in the United States (John C. Bailar, Golub has received the Humanitarian of the Marines. He received several decorations in Jr.), the field of chemical information (Marion Year Award from the Center for Disabled Peo- honor of his service to his country. Sparks), and synthesis of chloroquine and re- ple, the Distinguished Citizen Award from the After serving four years in the Army, Robert lated antimaterials (Nelson Leonard, C.C. New York Chiefs of Police, the Arthritis Foun- returned to Ardmore in 1945. He married his Price, and H.R. Snyder), key aspects of the dation’s Accolade for Community Service, and long-time sweetheart, and they remained mar- development of synthetic rubber (Carl S. Mar- the Community Service Award from the Inter- ried for over 50 years. vel), amino acid threonine (William C. Rose), faith Community of Schenectady, New York. In 1948, Robert and his new bride moved the chemical synthesis of threonine (Herbert Mr. Lewis Golub’s tenacious and giving spir- from Oklahoma to San Bernardino, California F. Carter), the identification of the active ingre- it has emanated throughout his family, busi- to look after and support his mother-in-law. He dients in marijuana (Roger Adams), seminal ness, and community. Furthermore, the level was to later serve several years as a Commis- studies on air pollution (h. Fraser Johnstone), of service Mr. Golub has devoted to those sioner on the San Bernardino County Com- the synthetic sweetener sodium cyclamate around him truly measures the great extent of mission on Senior Affairs. He also served his (Ludwig Audrieth and Michael Sveda), lipoic his character. Mr. Speaker, please join me as San Bernardino community as a part-time acid (Irwin C. Gunsulas), the aerosol can (G. I recognize the significant life accomplish- Congressional Aide for Congressman George Frederick Smith), high-intensity X-ray tubes ments of Mr. Lewis Golub and wish him suc- Brown from 1992–96, specializing in senior (George L. Clarke), and modem instrumental cess in the future. issues. analytical chemistry (Howard V. Malmstadt). f Robert passed away on Sunday, July 28, After World War I, Organic Chemical Manu- 2002. His family, innumerable friends, and the facturers set up in Noyes Lab and established HONORING THE CONTRIBUTIONS entire community will miss him greatly. Eastman Organic Chemicals which led to an OF GRANDPARENTS TO OUR And so Mr. Speaker, I submit this memorial important book series; ‘‘Organic Synthesis,’’ FAMILIES to be included in the archives of the history of ‘‘Organic Reactions,’’ ‘‘Inorganic Synthesis,’’ this great nation for individuals like Robert are and ‘‘Chemical Reviews.’’ HON. HEATHER WILSON unique in their generous contributions to this Research and teaching by those who OF NEW MEXICO country. worked in Noyes Laboratory has contributed in IN THE HOUSE OF REPRESENTATIVES f a fundamental way to our understanding of Wednesday, September 4, 2002 chemistry, chemical engineering, and bio- TRIBUTE TO NOYES LABORATORY chemistry. It is my hope that my colleagues of Mrs. WILSON of New Mexico. Mr. Speaker, AT THE UNIVERSITY OF ILLI- the United States Congress will join me in today I rise to recognize the many contribu- NOIS AT URBANA–CHAMPAIGN honoring Noyes Laboratory of the University of tions grandparents make to families in New Illinois at Urbana-Champaign for the contribu- Mexico and throughout this country. Grand- HON. TIMOTHY V. JOHNSON tion of success in research and discovery to parents are the ties to our heritage, culture OF ILLINOIS our nation for the past century. and traditions. Grandparents keep the family history alive by sharing stories of how life IN THE HOUSE OF REPRESENTATIVES f ‘‘used to be’’ and how so much of life is the Wednesday, September 4, 2002 TRIBUTE TO MR. LEWIS GOLUB same. They can teach values and expecta- Mr. JOHNSON of Illinois. Mr. Speaker, it is tions through their own experiences. Grand- my pleasure to take this time to recognize HON. JOHN E. SWEENEY parents have seen this nation at peace and Noyes Laboratory at the University of Illinois at OF NEW YORK war, and witnessed tremendous advances Urbana-Champaign. The building was named IN THE HOUSE OF REPRESENTATIVES from the industrial age to the space age. They in honor of Professor William Albert Noyes, were there during outstanding performances in head of the Department of Chemistry from Wednesday, September 4, 2002 sports, the arts, and advancements in virtually 1907–1926. 2002 marks the Centennial occu- Mr. SWEENEY. Mr. Speaker, I rise today to every endeavor that mankind has pursued. pancy of Noyes Laboratory as the home of the honor a distinguished constituent of the 22d I can recall vivid memories of time I spent School of Chemical Sciences, and I am proud District of New York; Mr. Lewis Golub. Mr. with my grandparents. Like so many grand- to represent what has become a celebrated in- Golub’s life long contributions to his business, parents, they were great teachers. Whether it stitution for the University, and for the 15th employees, and community are outstanding. is teaching the secret family recipes or the district of Illinois. As a result of his commitment to those around value of a good, honest days work they share Upon its completion in 1902, it was the larg- him, Mr. Golub has established a successful their wisdom with children they love. est and best-equipped laboratory in the world. business and accomplished a lifetime of National Grandparents Day was first cele- It represented a groundbreaking design that achievements. brated in 1978, the first Sunday after Labor has provided diverse research and teaching Over the past fifty years, Lewis Golub has Day. There will be many celebrations on Sun- environments for hundreds of faculty and worked tirelessly to develop and promote day, September 8, 2002 as families and

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.014 E04PT1 E1488 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2002 friends gather to show their respect and grati- gratulating David Bolger on his 70th birthday his country. Mr. Solano never received any of tude to grandparents. Mr. Speaker, please join and commending him for his tremendous dedi- the medals owed him by the federal govern- me in honoring grandparents in New Mexico cation to helping others. ment. Now, 56 years later, on August 28, and throughout the United States for their con- f 2002, Mr. Solano finally received his 14 med- tributions to our families and our country. 50TH ANNIVERSARY OF als, including two Purple Hearts, a Bronze f CONGREGATION TREE OF LIFE Star, and an Oak Leaf Cluster. IN RECOGNITION OF MR. DAVID I am honored to count Mr. Solano as one of BOLGER HON. CAROLYN McCARTHY my constituents and I would like to include for OF NEW YORK the record the following editorial praising Mr. HON. MARGE ROUKEMA IN THE HOUSE OF REPRESENTATIVES Solano. It appeared in the Denver Post on Au- OF NEW JERSEY Wednesday, September 4, 2002 gust 30, 2002. IN THE HOUSE OF REPRESENTATIVES Mrs. MCCARTHY of New York. Mr. Speak- ‘‘We’re gratified that Ambrosio Solano finally Wednesday, September 4, 2002 er, I rise in celebration of the 50th anniversary received the 14 medals he earned fighting for Mrs. ROUKEMA. Mr. Speaker, I rise today of Congregation Tree of Life, located in the his country during World War II—although to recognize and congratulate an outstanding 4th Congressional District of New York. we’re dismayed that the Army veteran of the leader in our community and northern New This synagogue has been a major compo- Normandy invasion had to wait 56 years for Jersey—David Bolger, who celebrated his nent of the Jewish community of Valley recognition. 70th birthday on August 12, 2002. On July 31, Stream for half a century. Since first opening Even his family knew little about Solano’s David’s many friends in the Ridgewood com- its doors in 1952, the congregation has grown combat experiences because he seldom munity held a surprise birthday party for both in number and in spirit. talked about the war with his wife or children. Today, 120 families belong to the syna- David, honoring him for 70 years of accom- After keeping his own counsel for nearly half gogue. They gather in large crowds to partici- plishment and contribution to our community. a century, Solano began to open up to his I would like not only to congratulate David pate in a variety of weekly, monthly and yearly son, former U.S. Attorney Henry Solano, as Bolger on the occasion of his birthday but also activities. Although the shul has a high attend- they motored cross country from Boston to to applaud him for his valuable leadership in ance rate for regular Shabbat services, it also Denver in 1994. civic and philanthropic activities. hosts monthly Oneg Shabbats and family din- A resident of Ridgewood since 1966, David ners three times a year. A crowd also gathers Solano, 76, is a native of Chapel, N.M., who is an outstanding example of the type of per- Sunday mornings for Minyan, and 8 times a grew up in New Mexico and Colorado. He was son who makes Bergen County, our state and year, the synagogue hosts special speaker drafted into the Army in 1943 and went ashore our Nation such a wonderful place. He exem- breakfasts to discuss matters of interest to the at Normandy on June 6, 1944, among the first plifies the American values that have made community. waves of invading American troops who our country great. A loyal supporter of many Congregation Tree of Life has different holi- spearheaded the liberation of Europe. local organizations, he has provided generous day celebrations throughout the year. On Initially, Solano served in the 29th Infantry donations to Valley Hospital, West Bergen Hanukah, there is a candle-lighting ceremony Division but later became a paratrooper and Mental Healthcare, Midland Park Ambulance and festive dinner complete with latkes and transferred to the 101st Airborne Division. Corps, and The Woman’s Club of Ridgewood. jelly doughnuts. A Hanukah fair is held before David has also donated his time and expertise the holiday starts so the congregants and He recounted the horrors of the amphibious to community organizations, serving as a other members of the community can shop for invasion on the Normandy beaches, recalling Trustee of the Henry H. Kessler Foundation, a the holiday. On Purim, members gather to the clank of the landing craft’s ramp as it Trustee of the West Side Presbyterian Church, hear the Megillah reading. dropped and going forward into German gun- a Trustee Emeritus of the Children’s Aid Soci- The synagogue is dedicated to continuing fire that awaited the invading troops. He re- ety of New Jersey, and an Honorary Member education. In the Fall, adult members meet membered standing waist-deep in water and of the Midland Park Ambulance Corps. His with the Rabbi to discuss different issues and seeing the bodies of slain American soldiers community spirit is an example for us all. how they relate to Judaism. Twice a year, bus floating by. David’s leadership has also been acknowl- trips are held to visit Jewish sites of interests After he joined the paratroops, Solano edged outside the Ridgewood community, as in different cities. Past visits have included the jumped into the battle for St. Lo, where he suf- he has been recognized as a Paul Harris Fel- Holocaust Museum in Washington, DC and fered shrapnel wounds. Later, as American low by Rotary International and Honorary Philadelphia. troops swept into the Rhineland, Solano was Mayor of Fayette, Iowa, as well as Midland The members are committed to helping oth- wounded in the leg. Park, New Jersey. Both at home and across ers, both in the community and abroad. Be- Among Solano’s belated decorations, in ad- the world, David Bolger has looked for ways to sides participating in UJA and Israel Bond ap- dition to two Purple Hearts, are the Bronze ‘‘make an impact on people’s lives,’’ creating peals during the High Holidays, the synagogue Star for combat service, Good Conduct Medal, scholarships for needy students, providing has a committee that visits the sick in local American Campaign Medal, World War II Vic- medical support for a clinic in the British West hospitals. Indies, and even donating a school bus to an The contribution this synagogue and their tory Medal, European-African Middle-Eastern orphanage in Haiti. members have made to our community is ob- Campaign Medal, Combat Infantry badge and After working his way through college in the vious. I congratulate everyone at Congregation World War II Honorable Service button. So- Pittsburgh steel mills, David went on to be- Tree of Life on the anniversary of such a won- lano was discharged from the Army in 1946 come the founder and president of Bolger & derful gathering place for our Jewish commu- and returned to Colorado, where he worked Co., Inc., a company that has been actively in- nity. for Ideal Cement Co. for 36 years. Because volved in real estate ventures for more than f the war kept him from going to college, So- lano, who’s been married 52 years, was deter- 30 years. His corporate accomplishments are IN HONOR OF AMBROSIO SOLANO impressive: Director of American Progressive mined that his four children would do so. Son Life & Health Insurance Company of New Henry is a lawyer and another son, Ambrose, HON. DIANA DeGETTE is a doctor. York, Director of Deotexis, Inc., and Chairman OF COLORADO and CEO of Farmers & Merchants State Bank IN THE HOUSE OF REPRESENTATIVES About three years ago, Solano wrote to the Holding Co., Inc. Yet even with all of his other government, hoping to finally get his medals, Wednesday, September 4, 2002 commitments, David still finds time to help but to no avail. Then Representative DIANA those around him and remains committed to a Ms. DEGETTE. Mr. Speaker, I rise to honor DEGETTE, D-Denver, stepped in and made it life of philanthropy. one of my constituents, Ambrosio Solano, who happen. David’s concern for his fellow man is ex- served bravely and honorably in the U.S. You may not know Ambrosio Solano per- traordinary. It is an honor to recognize David Army during World War II. Mr. Solano was Bolger today for his remarkable leadership drafted when he was 18 years old and partici- sonally, but the mere fact that you are free to and generosity. The Ridgewood community is pated in the D-day invasion at Normandy. read these words means you owe him thanks truly fortunate that he is dedicated to the quali- After suffering shrapnel wounds, Mr. Solano for fighting to preserve your freedoms by help- ties that have made this nation great. I am for- returned to the United States following almost ing defeat Nazi tyranny. tunate to call David a friend. 2 years of dutiful service. We can never adequately repay Solano and Mr. Speaker, I ask my colleagues in the Yet, Mr. Solano never received official rec- his comrades, but the medals he finally re- House of Representatives to Join me in con- ognition of the pain and suffering he gave for ceived are his country’s way of thanking them,

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.018 E04PT1 September 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1489 however belatedly, for their noble service and well as online. I proudly display and offer and valor in saving the life of Greg Scott on sacrifices.’’ Cherry Mash to visitors in my Washington of- July 19, 2002. Ryals is the son of Joe and Bil- f fice and wanted to extend my most sincere lie Farless of Princeton, Kentucky. thanks to the St. Joseph, Missouri-based Ryals was on duty as a lifeguard at the City- TRIBUTE TO NORMA LEE CLISE candy company for their gracious support. County Park in Princeton, Kentucky when Mr. Speaker, please join me in honoring Greg Scott, also of Princeton, experienced a HON. SHELLEY MOORE CAPITO Missouri’s own Chase Candy Company, and possible seizure and sank to the bottom of the OF WEST VIRGINIA its 20 full-time employees for the years of pool. Ryals quickly responded by entering the IN THE HOUSE OF REPRESENTATIVES dedicated service and production of some of water and brought Greg to the surface. With- the world’s best tasting confections. out his intervention and quick thinking, Greg Wednesday, September 4, 2002 f Scott would not be with us today. Mrs. CAPITO. Mr. Speaker, I rise today and Ryals is currently a Freshman at the Univer- ask my colleagues in the United States House COMMEMORATING THE 100TH ANNI- sity of Kentucky, having graduated from of Representatives to join me in congratulating VERSARY OF TELESCOPE CAS- Caldwell County High School in May. He is Norma Lee Clise of Hampshire County, West UAL FURNITURE, INC. pursuing a career in dentistry. While in high Virginia for her decades of service to her com- school, Ryals was a member of the soccer munity. It is an honor to announce Norma Lee HON. JOHN E. SWEENEY team, the National Honor Society and the Clise as the 2002 ‘‘Knight of Olde Hampshire.’’ OF NEW YORK Commonwealth Honors Academy. For the Retired from the Central Telephone Com- IN THE HOUSE OF REPRESENTATIVES past several years, Ryals has been involved with the Caldwell County Relay for Life. Ryals pany, Norma Lee Clise is a charter member of Wednesday, September 4, 2002 the Hampshire County ‘‘Jaycee-ettes’’ and ac- is also an active member of Southside Baptist tive with the Shawnee Girl Scout Council. For Mr. SWEENEY. Mr. Speaker, I rise today to Church and participates in mission trips and 43 years, Norma Lee has served the Amer- commemorate a historic institution in the 22d youth programs. Mr. Speaker, Ryals embodies the spirit, ican Legion Auxiliary Hampshire Unit 91 in District of New York. Telescope Causal Fur- commitment and sacrifice that we all should Romney, West Virginia. Named Hampshire niture, Inc. creates ‘‘telescoping’’ furniture that strive for in our daily lives. I am proud to rep- County Volunteer of the Year in 2001, Norma has been used by the United States military and by families throughout the world since resent him in my District. I extend my thanks Lee is a recipient of the Ruby Ward National to him for his efforts, and I am proud to bring Public Relations Trophy and was also named 1903. Owned and managed by the third and fourth his accomplishments to the attention of this ‘‘Distinguished West Virginian’’ in 1970. Al- generations of the Vanderminden Family, this House. ways active in local issues and affairs, Norma furniture manufacturing company began as the f Lee served for 25 years on the Hampshire Telescope Cot Bed Co. Known for its product County Executive Committee, acting as co- TRIBUTE TO BISHOP SAMUEL AND line of cots and campstools featuring ‘‘tele- chairman, secretary-treasurer, and Delegate to MRS. LEE ELLA SMITH scoping’’ legs, the United States government the State Convention. awarded Telescope a medal of distinguished In honor of Norma Lee Clise and her long- service for its military products used during HON. HAROLD E. FORD, JR. standing commitment to public service, I ask both World Wars and the Korean conflict. OF TENNESSEE my friends in Hampshire County and my col- After moving to Granville, New York, in IN THE HOUSE OF REPRESENTATIVES leagues here to join me in recognizing Norma 1921 from Telescope, Pennsylvania, the com- Wednesday, September 4, 2002 Lee Clise. pany expanded its product line to beach, fold- Mr. FORD. Mr. Speaker, I rise today to pay f ing, and public seating chairs. It even created well-deserved tribute to Bishop Samuel and TRIBUTE TO THE CHASE CANDY a Hollywood hit, the Director Chair, in 1953. Mrs. Lee Ella Smith of Memphis, Tennessee COMPANY The Illinois Institute of Technology has since for the example they continue to set as honor- named the chair number 46 in its ‘‘100 best able citizens of the Ninth Congressional Dis- HON. SAM GRAVES designed items of modern times.’’ trict of Tennessee and as devoted servants to Manufacturing not only for the U.S. military, God and their fellow man. OF MISSOURI Telescope has also been the favorite of First As a bishop with the prolific, Memphis- IN THE HOUSE OF REPRESENTATIVES Families. President John F. Kennedy was based denomination, the Church of God in Wednesday, September 4, 2002 often photographed in his Telescope Christ (COGIC), Bishop Smith has rendered extensive efforts to strengthen and expand the Mr. GRAVES. Mr. Speaker, I rise today to Bentwood Slat Rocker and several first ladies work of this five million member denomination. recognize the outstanding work of the Chase have incorporated Telescope furniture in their His history of stewardship and sacrifice dates Candy Company, whose tradition and taste in home redecorating. back to his youth and his service to the de- the production of candy has been enjoyed for Mr. Speaker, Telescope Casual Furniture, Inc. proudly operates and serves in the com- nomination’s founder, Bishop Charles Harrison over a century. Mason. From then until now, Bishop Smith The Chase Candy Company has been mak- munity of Granville, New York. The company employs more than 250 skilled crafters in its has been exemplary in leadership, integrity, ing candy since 1876. Dr. George Washington and undying loyalty to God. He presently Chase, who at the time was looking for addi- one million square-foot plant. Telescope is proud to live and work in the Granville area serves as Administrative Assistant to Jurisdic- tional sources of income, created the Missouri- tional Bishop, Dr. Jerry L. Maynard of Ten- based company. Originally the Chase Com- and is dedicated to continue contributing to the growth and prosperity of the town and nessee, and has worked untiringly with the pany sold fruit and produce, but after listening Presiding Bishop of the Church of God in to the advice of his son, Dr. George Chase county. Mr. Speaker, as a proud resident of the 22d Christ, G.E. Patterson. Bishop Samuel Smith soon transformed the business into a candy Congressional district of New York, I ask my also serves as the pastor of one of Memphis’ company. The Chase Candy Company was colleagues to join me in commemorating the flagship and entrenched congregations, South- family owned until 1944 when the Chicago- 100th Anniversary of Telescope Casual Fur- side Church of God in Christ. His influence as based investment firm F.S. Yantis bought the niture, Inc. for a century of dedication to the a pastor and spiritual leader has been a shin- company for $1 million. After the acquisition, town of Granville, the State of New York, and ing light which has illuminated the way for the production of Chase Candy moved to Chi- the great nation in which we live. many young ministers who have furthered cago, but in 1961 moved back to the Missouri their service in gospel ministry. River Town, St. Joseph, where it remains f Humble in spirit and rich in faith, Mother Lee today. TRIBUTE TO RYALS FARLESS Smith has stood with her husband as a noble The Chase Candy Company’s most popular example of virtue. She is also one firmly com- product, the Cherry Mash candy bar, entered HON. ED WHITFIELD mitted to the principles of Christian faith with stores in 1918. This famous treat is america’s OF KENTUCKY a record of service dating back to her teenage third oldest candy bar and the best selling IN THE HOUSE OF REPRESENTATIVES years. Her work with the Church of God in cherry candy bar. Cherry Mash and other Christ encompasses her commitment in the wonderful Chase products may be found in Wednesday, September 4, 2002 field of education. Equipped with vast experi- grocery stores, convenience stores, and mass Mr. WHITFIELD. Mr. Speaker, I rise to ences in ministry and earned degrees in reli- merchandise outlets mainly in the Midwest, as honor Ryals Farless for his quick response gious studies, Mrs. Smith served as Dean of

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.021 E04PT1 E1490 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2002 C.H. Mason Bible College in addition to her lives an active life and has a great many hob- experience with medical second opinions. In other countless capacities within the church— bies and interests including gardening, playing 2000, a surgical procedure was recommended locally, regionally, and nationally. She pres- cards and going to garage sales. She enjoys for Mr. Torres’s young son, Nicholas. A con- ently serves as the leader of one of COGIC’s babysitting her young great-grandson and is sultation from another physician confirmed that Department of Women in the State of Ten- truly a cherished and loving member of her a less-invasive procedure would effectively nessee family and a treasured member of our commu- treat Nicholas’s condition. The second opinion Today, I am happy to salute Bishop and nity. provided the Torres family with crucial infor- Mrs. Smith as they celebrate 50 years of mar- I salute Mrs. Hilda DuFaux as she achieves mation that helped them make the right deci- riage, Bishop Smith’s 75th birthday, Mrs. this special milestone. She has demonstrated sion for Nicholas. I am happy to say that Nich- Smith’s 70th birthday, and over 40 years of an outstanding commitment to life. She is a olas responded well to the treatment and is pastoral ministry. remarkable woman whose strength, deter- now an active seven-year old. For their devotion to God and one another, mination and spirit serve to inspire others. The law in California provides a good first and for the high marks they continue to attain, f step by offering a straightforward process for Mr. Speaker, I ask that you and my colleagues addressing second opinion requests for many in the U.S. House of Representatives would SECOND OPINION COVERAGE ACT in my state. Unfortunately, this legislation does join with me in honoring Bishop and Mrs. not cover 4.3 million Californians enrolled in Samuel Smith of Memphis, Tennessee. HON. SUSAN DAVIS self-insured, federally regulated health plans. f OF CALIFORNIA Nationwide, this translates into 56 million per- IN THE HOUSE OF REPRESENTATIVES sons without guaranteed access to second TRIBUTE TO ARTHUR MERCURIO Wednesday, September 4, 2002 opinions. All patients should have access to a full discussion and disclosure of their medical HON. ROBERT E. ANDREWS Mrs. DAVIS of California. Mr. Speaker, options. OF NEW JERSEY today, I am introducing the Second Opinion I urge you, Mr. Speaker, and all of my col- Coverage Act of 2002—legislation that will en- IN THE HOUSE OF REPRESENTATIVES leagues to pass this critical legislation quickly sure the accessibility and coverage of medical into law. Wednesday, September 4, 2002 second opinions. f Mr. ANDREWS. Mr. Speaker, the destruc- The Supreme Court’s ruling this past June tion wrought by the large fires in Colorado and rekindled the debate surrounding managed AMENDMENT TO H.R. 5120, FY03 Arizona make this an appropriate occasion to care coverage. Patient protections and the TREASURY, POSTAL SERVICE honor all those who seek to prevent and miti- need for a Patients’ Bill of Rights again be- APPROPRIATION gate the awful destructive power of fire. came topics of everyday conversation. Yet, Let me take a moment to commend one in- Congress still has much work to do on crafting HON. BOB BARR dividual, Arthur Mercurio, for his lifelong serv- a strong Patients’ Bill of Rights that can ad- OF GEORGIA ice to the cause of fire prevention. He recently dress patient needs. IN THE HOUSE OF REPRESENTATIVES received the National Volunteer Fire Council In my opinion, the first step to enacting any Wednesday, September 4, 2002 (NVFC) Fire Prevention Award for his efforts. sort of comprehensive health care reform is to Mr. BARR of Georgia. Mr. Speaker, under As a member of of Collingswood (NJ) Volun- provide patients with access to appropriate the Treasury-Postal Appropriations Act of teer Fire Company #1 for 52 years, he has medical information. This is why I am intro- 1998, Congress approved funding for ‘‘a na- been an advocate for fire prevention and safe- ducing the Second Opinion Coverage Act. tional media campaign to reduce and prevent ty. As President of the company for 12 years, As a member of the California State Assem- drug use among young Americans.’’ Mr. Mercurio was instrumental in developing a bly, I heard from a number of patients who Following this directive, the Office of Na- program to get smoke detectors to elderly and saw a gap in their existing health care cov- tional Drug Control Policy (ONDCP) launched other high-risk citizens. erage. They wanted a clear process for med- the National Youth Anti-Drug Media Cam- Mr. Mercurio’s lifelong dedication and lead- ical second opinions. In particular, patients paign. We are all familiar with this laudable ership in the volunteer fire service should with challenging health conditions encountered program, and the powerful messages anti-drug serve as a model and inspiration for fire- difficulty obtaining a second opinion through messages it delivers across the airwaves to fighters everywhere and has strengthened my their health plans. These patients faced com- youth and parents across the country. own commitment and enthusiasm for public plex procedures and wanted to be sure they The Government Reform Committee has service. were well educated about their treatment opin- been conducting vigorous oversight on the f ions. Youth Anti-Drug Media Campaign since its in- Anyone who has ever experienced the pros- ception; carefully following implementation of A TRIBUTE TO HILDA DUFAUX pect of surgery knows the value of receiving a the campaign to ensure the billions of tax- second opinion. The peace of mind provided payer dollars invested are spent judiciously, HON. WM. LACY CLAY by a second professional’s opinion, in addition efficiently, and legally. OF MISSOURI to the value of new information received, is However, from the very beginning of the IN THE HOUSE OF REPRESENTATIVES immeasurable. Indeed, second opinions can Media Campaign, allegations of fraud have result in better patient care because of the in- Wednesday, September 4, 2002 surrounded the multi-million dollar contract creased dialogue about treatment options, and with the media firm Ogilvy & Mather. Mr. CLAY. Mr. Speaker, I am very happy to can also benefit health plans by potentially re- The General Accounting Office (GAO) re- take this opportunity to share with my col- ducing the number of invasive procedures. ported to the Committee incidents of false bill- leagues in Congress the news that Mrs. Hilda After meeting with patients, physicians and ing practices, sloppy contract management Willenburg DuFaux will celebrate her 90th health groups, I authored a law in California and lax oversight. The charges were so seri- birthday next week on September 9, 2002. that guarantees coverage of second opinions. ous, the GAO referred its findings regarding Mrs. DuFaux, a resident of Missouri’s First If patients meet any one of five qualifying con- improper billing practices to the Department of Congressional District, was born in the year ditions, they are entitled to a timely second Justice and the Federal Bureau of Investiga- 1912. In 1936 Hilda married Charles opinion by a ‘‘qualified health care profes- tion. Willenburg. They were blessed with three sional,’’ within 72 hours in cases of serious or What is so incredible is, despite significant daughters, Karen, Kathy and Jeanette. She imminent health threat. When another expert allegations and evidence of mismanagement, raised her daughters on her own after her is not available within the provider group or misconduct and outright fraud, the ONDCP husband passed away in 1954. In 1967 Hilda network, the organization will pay for an ap- and the Department of the Navy, chose to married Vince DuFaux and was devoted to propriately qualified doctor outside of the plan. continue to hire Ogilvy & Mather as the cam- him until he passed away in 1970. Today she Patients are responsible for the costs of appli- paign’s media contractor. This is in light of the is blessed with 10 grandchildren and 10 great- cable co-payments. fact that the GAO, for close to two years, had grandchildren. While I can describe the benefits of this been documenting the incidents of suspect Hilda has lived in the city of Overland, Mis- measure, I believe that individual experiences charges, falsified time sheets, and disallowed souri for the past 64 years. Since moving to best demonstrate the value of enacting sec- costs. Overland, she has faithfully worshipped God ond opinion legislation. John Torres, one of In February of this year, Ogilvy & Mather at Presentation Catholic Church. Mrs. DuFaux my constituents, shared with me his family’s North America agreed to pay the government

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.026 E04PT1 September 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1491 to settle claims under the False Claims Act litical, and charitable activities of these com- Bob, age 81, grew up on Pueblo’s Goat Hill and other administrative claims that the firm munities. Tragically, Mr. Warner lost his life on and learned the craft of shoe repair from his overcharged the government $1.8 million. the morning of July 21 in an airplane crash. uncle at E. Pfost’s Shoe Repair shop, where Moreover, the company is reportedly under His strong leadership and enthusiasm for he received fifteen cents a week which he criminal investigation by the Department of working to improve the quality of life in these used for a Saturday movie. Bob joined the Justice! Yet, notwithstanding this company’s Central Illinois communities will be very deeply military after World War II began and became disgraceful track record, just a few weeks ago, missed. a member of the 224th Quartermaster Com- the Navy once again entered into a lucrative A strong advocate for the welfare and good pany where his work helped to contribute to contract with Ogilvy & Mather, to continue pro- health of senior citizens, Mr. Warner was the the repairing hundreds of thousands of sol- viding services in support of the National president and chief executive officer of Herit- dier’s boots. During the Battle of the Bulge in Youth Anti-Drug Media Campaign. age Enterprises in Bloomington—a major sen- December 1944, Bob’s unit dropped their shoe By the time this new contract expires in July ior service company with high quality senior repair equipment and picked up their rifles to of 2003, this firm could potentially receive residential facilities throughout the State of Illi- fight and defeat the Germans. In the aftermath more than $770 million dollars of taxpayer dol- nois. Further evidence of his interest in health of the war, the 224th Quartermaster Company lars. Given the massive funds already dedi- care—a field he served for 32 years—was Mr. disbanded and Bob returned to Pueblo in early cated to a highly suspect company, I consider Warner’s work as past president, vice presi- 1946 to reopen his shoe business. Bob was a it an affront to the U.S. taxpayer we continue dent and director of the Illinois Health Care devoted father and husband. He was an ex- throwing good money after bad. This matter is Association; as a member of the Governor’s ample for his community, ethically, morally, rapidly turning into the Enron of the War on task forces on long-term care insurance and and honorably. Drugs. long-term care reimbursement; as a trustee of Mr. Speaker, it is a great honor to recognize Here we have a firm with a documented the Mennonite School of Nursing and as the Bob Carlino and his contributions to the com- track record of fraud and mismanagement, past McLean County chairman of the Amer- munity of Pueblo and this nation. I would like and how does the government respond? By ican Heart Association. to thank him for his years of hard work and rewarding it with yet more taxpayer dollars. Another key aspect of Mr. Warner’s leader- dedication to this nation. His efforts deserve Not only is this an insult to the taxpayer, think ship was his interest in the providing of edu- the recognition of this body of Congress. of the message we are sending to the youth cational opportunities for young people—as Thank you Bob and I look forward to your con- of America—the very same youth, I might add, demonstrated by his work as the fund-raising tinued service in your community. that we are trying to keep off drugs—‘‘Cheat chairman for the innovative Challenger Learn- once, ok. Cheat twice, fine. Cheat three times; ing Center for Science and Math; his service f we’ll keep on giving you another chance, and on Illinois State University’s Board of Direc- rewarding you in the bargain.’’ Is this the kind tor’s legislative committee; his presidency of HONORING THE CENTENNIAL AN- of message you are comfortable sending to the Redbird Education and Scholarship Fun at NIVERSARY OF THE NATIONAL American school children? Character and in- Illinois State University and his membership 4–H CLUBS tegrity counts across the board, not just in se- on the Board of Directors of the Illinois Wes- lective circumstances. leyan University Association. HON. BOB SCHAFFER Let me be perfectly clear I am a supporter Mr. Warner’s wide-ranging interest in chari- of an effective public media campaign to help table and community service work was per- OF COLORADO fight drug use across this nation. This cam- haps a natural extension of his strong spiritual IN THE HOUSE OF REPRESENTATIVES paign is an important part of the war against beliefs which led to his directorship of the Wednesday, September 4, 2002 mind altering drugs, delivering a powerful United Campus Christian Foundation and his message to youth and families across the na- leadership role as the ruling elder of the First Mr. SCHAFFER. Mr. Speaker, I rise today tion about the dangers of illicit drugs. United Presbyterian Church. to commend and honor the Centennial Anni- My amendment will not end the Media Cam- As an exemplary citizen and veteran of the versary of one of the premier youth organiza- paign. I in no way seek to prevent the anti- United States Army, Mr. Warner believed in tions of the world, the National 4–H Clubs. drug message from being delivered loud and playing a very active role in the political proc- One of the foremost youth organizations in clear. ess. His role included both work at the grass- Colorado, as well as the rest of the nation, 4– In an era of moral relativity, we should be roots level as a Republican Precinct Com- H is the youth education branch of the Coop- sending a clear message to the kids we are mitteeman with leadership service as the erative Extension Service, a program of the trying to keep off drugs: character and integrity Chairman of the McLean County Republican United States Department of Agriculture. Since counts across the board, not just in selective Party. its founding in 1902, the National 4–H Clubs circumstances. Mr. Speaker, despite the tragic cir- have been at the forefront of the effort to both I ask all Members to join me in passage of cumstances, I am proud to offer to you the fel- educate and develop our nation’s youth. Over my amendment. No more excuses. We must low Members of the House of Representatives the past century, the 4–H program has do all we can to salvage a workable program, the extraordinary life of Mr. Joseph Warner as evolved from its predominately agricultural and spend public money responsibly. Should the ultimate example to us all of American citi- roots to offer a variety of educational pro- we find another approach to reach this goal, zenship and service. grams for young people in both rural as well as urban areas. As it celebrates 100 years, the Chairman has my commitment to work f with him and refine the language appropriately this remarkable organization continues to en- as we move through the conference process, PAYING TRIBUTE TO BOB CARLINO able young people to learn new life-skills, build and I thank Chairman ISTOOK and Ranking self-confidence, and set and achieve goals, Member HOYER for working with me to ensure HON. SCOTT McINNIS while at the same time having fun and meet- this issue is addressed appropriately. OF COLORADO ing new people. In Colorado, I’ve witnessed numerous examples of how 4–H clubs have f IN THE HOUSE OF REPRESENTATIVES encouraged and inspired young people with TRIBUTE TO MR. JOSEPH F. Wednesday, September 4, 2002 programs ranging from environmental preser- WARNER Mr. McINNIS. Mr. Speaker, I would like to vation to career exploration and preparation. take this opportunity to pay tribute to a master The 4–H’s, which stand for Head, Heart, HON. JERRY WELLER craftsman and brave veteran who bravely Hands, and Health, comprise the centerpiece OF ILLINOIS fought for our country during World War II. of the 4–H motto, ‘‘To make the best better,’’ IN THE HOUSE OF REPRESENTATIVES Bob Carlino, of Pueblo, Colorado has repaired toward which each young person recites: ‘‘I thousands of shoes for Coloradans since he pledge my head to clearer thinking, my heart Wednesday, September 4, 2002 became an apprentice shoe repairman at age to greater loyalty, my hands to larger service, Mr. WELLER. Mr. Speaker, I rise today to fourteen. He continues to repair shoes today and my health to better living, for my club, my honor the memory of Mr. Joseph F. Warner with his wife, Mary, at their shop in Pueblo. community, my country, and my world.’’ I con- for his many years of service to the Illinois Bob has provided his services to Pueblo for gratulate the 4–H Clubs of Colorado, and communities of Bloomington and Normal along over 60 years, including serving his country, commend the National 4–H organization on its with the County of McLean in Illinois. Mr. War- and I am proud to tell of his accomplishments first 100 years dedicated to developing our na- ner was an outstanding leader in the civic, po- before this body of Congress today. tion’s leaders of tomorrow.

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.030 E04PT1 E1492 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2002 TRIBUTE TO PMI GROUP, INC. boundaries,by Maricopa County, after exten- Her passion for art has been clearly ex- sive lobbying by the Guadalupe Organization. pressed and recognized and I wish her the HON. ELLEN O. TAUSCHER In 1967, President Lyndon B. Johnson and best in all of her future endeavors. OF CALIFORNIA Mexican President Gustavo Diaz Ordaz recog- f IN THE HOUSE OF REPRESENTATIVES nized Lauro for his dedication in improving DAVID SKAGGS AND THE CENTER Wednesday, September 4, 2002 Guadalupe. Margarita organized a dental clinic for citi- FOR DEMOCRACY AND CITIZEN- Mrs. TAUSCHER. Mr. Speaker, I rise today zens in the mid-70s by seeking the help of SHIP to celebrate the opening of the new world volunteer dentists to provide care. She con- headquarters for PMI Group, Inc. in Walnut tinues her community service with the local HON. MARK UDALL Creek, California. Employees began moving in parish and most recently served on the Gua- OF COLORADO on August 19, 2002 while construction workers dalupe Town Council. IN THE HOUSE OF REPRESENTATIVES were putting the finishing touches on their new The couple also participated, along with the Wednesday, September 4, 2002 state-of-the-art energy efficient building. PMI Guadalupe Organization, in one of the first Plaza includes the new seven-story, 195,000 lawsuits over the issue of bilingual education Mr. UDALL of Colorado. Mr. Speaker, I rise square foot building, a five-story parking ga- by challenging the Tempe Elementary School today to congratulate your former colleague rage, a large outdoor lunchtime dining area, District in 1978 for discriminatory practices and my predecessor, former Congressman and 15,000 square feet of retail space. This against Guadalupe’s Yaqui and Mexican stu- David Skaggs, on his appointment as execu- Plaza, located across the street from the dents. tive director of the Center for Democracy and Pleasant Hill BART station and near the inter- As a result of this litigation, the district was Citizenship. Throughout his career David has been a section of highway 680 and Treat Boulevard, forced to adopt measures to rectify existing dedicated public servant. He has represented is part of Contra Costa County’s Redevelop- language deficiencies of non-English speaking Coloradans on both the state and federal ment agency’s plan for creating more transit students. oriented development. The Agency’s plan calls Mr. Speaker, please join me in recognizing level. During his twelve years serving Colo- for the construction of new businesses and these outstanding citizens for their fine work rado here in the House of Representatives he housing, including new affordable housing and dedication. They have provided their com- did extensive work on public lands and envi- units, in-filled around BART stations, which is munity with vision, sacrificed to help the poor ronmental issues, advocated the rights of non- key to reducing sprawl and air pollution. PMI and under-represented, protected their culture profit organizations, and supported basic re- Plaza exemplifies this smart growth plan and and enriched the lives of Guadalupe’s chil- search and higher education. He worked to should be a model for growth around the dren. promote bipartisan civility, and played a key country. I am thrilled to welcome them to our role in helping to start an annual Bipartisan f East Bay community. Retreat. Throughout his tenure on Capitol Hill, f PAYING TRIBUTE TO MAGGIE David was an effective and devoted represent- DIVELBISS ative of the people of Colorado. TO HONOR LAURO AND MAR- David’s post-congressional career is just as GARITA GARCIA, RECIPIENTS OF HON. SCOTT McINNIS exemplary. Now, along with serving as an Ad- THE 12TH ANNUAL PROFILES OF junct Professor at the University of Colorado OF COLORADO SUCCESS HISPANIC LEADERSHIP and being of Counsel to a Washington based AWARD IN THE HOUSE OF REPRESENTATIVES law firm, he is the executive director for the Wednesday, September 4, 2002 Center for Democracy and Citizenship. HON. ED PASTOR Mr. McINNIS. Mr. Speaker, I rise today to The Center’s focus is to find ways to make OF ARIZONA express my respect and utmost appreciation the institutions of America’s democracy work IN THE HOUSE OF REPRESENTATIVES for a woman of remarkable caliber. Maggie better. One project started by the Center is the Wednesday, September 4, 2002 Divelbiss’s hard work and integrity have im- Young Voter Initiative. The goal of the project Mr. PASTOR. Mr. Speaker, I rise before you measurably contributed to one of Colorado’s is to encourage voting by some 30 million today to recognize two outstanding citizens most beautiful displays of art, the Sangre de young people who are ambivalent about polit- who have been honored for their leadership Cristo Arts Center in Pueblo. Maggie’s dili- ical participation. The Center meet with six qualities and service to their community. On gence in her community is an inspiration to us groups of young adults ages 18–21 and asked September 6th, Mr. and Mrs. Lauro and Mar- all. Maggie is a remarkable woman, and her what would be the most effective way to reach garita Garcia were honored by their peers at outstanding work earned her the 2002 YWCA young voters. From the group’s ideas the Cen- the annual Profiles of Success Hispanic Lead- Anna Taussig Tribute to Women Award. It is ter developed a ‘‘A Candidate’s Tool Kit for ership Awards presentation in Phoenix, Ari- my pleasure to highlight her accomplishments Reaching Young Americans’’ as a practical zona. This event, coordinated by Valle del Sol, and successes throughout her life. guide of actions candidate’s can take to pro- a local non-profit community based organiza- Maggie currently serves as the Executive mote the involvement of young people. The tion, kicks off National Hispanic Heritage Director of the Sangre de Cristo Arts Center, hope is that, as a result of this project, the Month in Arizona and is now in its thirteenth and was actively involved in the creation of Center can improve America’s democracy by year of honoring worthy individuals. the Center from its inception. Throughout her increasing the involvement of the citizenry. Lauro and Margarita met during his service tenure as Executive Director, she has made it David has repeatedly proven himself to be in the U.S. Air Force, after which they moved her personal mission to represent all aspects completely dedicated to the service of our na- to Phoenix where Lauro began his studies at of the diverse community of Pueblo and its tion and the improvement of our democracy. Arizona State Teachers College. They moved various cultures, as is demonstrated in the The Center for Democracy and citizenship is to Guadalupe in 1960 and began organizing Sangre de Cristo Arts Center. fortunate to have the leadership of such an in- the community by teaching Catholic catechism Outside of her profession, Maggie is a dedi- spiring individual, as noted in the following edi- classes in their home. What started as three cated community advocate. She currently torial from the Boulder Daily Camera: students quickly grew to 165 every Saturday. serves on the Board of Directors of the Colo- [From the Daily Camera, Aug. 1, 2002] In December 1964, they founded the Gua- rado Endowment for the Humanities and is a VOTE? WHO, ME? dalupe Organization, which became the voice member of the Western Alliance of Arts Ad- 80% OF YOUNG PEOPLE WON’T, UNLESS TREND of its citizens in the absence of an elected ministrators, The Western States Arts Federa- CHANGES town government. The following year, a small tion, The Rocky Mountain Arts Consortium, Former U.S. Rep. David Skaggs shouldn’t building was purchased and an office was and the National Museum of Women in the have to spend part of his time looking for opened to assist residents by distributing food, Arts. Moreover, Maggie served a six-year term ways to persuade reluctant young people establishing a postal sub-station and reg- as a councilwoman on the Colorado Council that voting makes a difference. He’s doing istering voters. This office would become the on the Arts. the job because the rest of us haven’t. This would be a different country if young first Office of Economic Opportunity in the Mr. Speaker, it is clear why Maggie people heard a stronger message from par- state of Arizona to help establish Guadalupe’s Divelbiss was chosen as a recipient for the ents, schools and communities about partici- first credit union. 2002 YWCA Anna Taussig Tribute to Women pation in democratic life; if older adults In 1963, citizens of Guadalupe were granted Award. I thank her for her extraordinary con- were a little less inclined to declare that vot- the first-ever voting precinct within the town’s tributions to revive the spirit of art in us all. ing doesn’t matter or that elected officials

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.035 E04PT1 September 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1493 are crooks; and, yes, if politicians them- school sweethearts who married on July 31, momentous accomplishment, and I ask the selves could restrain some of their impulses 1942. For their lifetime commitment to each House of Representatives to join me in ex- to demean not only their opponents but gov- other and their strong example to their family tending our warmest congratulations to Dr. ernment itself. and Mrs. Henry Andersen. But it wouldn’t be the United States, and community, Mr. Speaker, the United where cynicism about public life was a part States Congress commends Hank and Mar- f jorie and wishes them many more wonderful of the environment in which today’s young TRIBUTE TO THOMAS B. AHART, years together. people grew up. Partly for that reason, voter PHILIPSBURG, N.J., ON COMPLE- turnout among young Americans is low—and After graduating from Stephens College in getting lower. Fewer than one in three Columbia, Missouri, with a major in speech, TION OF HIS TERM AS PRESI- Americans under 25 voted in the last two Miss Marjorie Evelyn Ford married Naval En- DENT OF THE INDEPENDENT IN- presidential elections. If past trends hold, sign Henry Stanley Andersen. In 1942, the SURANCE AGENTS & BROKERS fewer than one in five will vote in this mid- couple moved to New York City, where Hank, OF AMERICA term election. The past two years have created an oppor- a Naval officer who loved to fly, was stationed tunity for change. If any event could send as a pilot. There, their small family grew to in- HON. JIM SAXTON OF NEW JERSEY the message that ‘‘your vote counts,’’ it was clude a daughter, Sue Ford Andersen. After the 2000 presidential election, in which the Hank’s tour of duty ended in 1945, the Ander- IN THE HOUSE OF REPRESENTATIVES candidates were separated by so few votes sen’s moved back to Nebraska. In 1947, they Wednesday, September 4, 2002 that a handful of people might have tipped welcomed the birth of their second child, Stan- Mr. SAXTON. Mr. Speaker, I rise today to the balance, kept the election out of the ley Ford. commend a fellow New Jersey resident and courts and literally changed the course of After graduating from the University of Ne- history. And after Sept. 11, who can say with truly outstanding citizen, Thomas B. Ahart of a straight face that ‘‘government doesn’t braska Dental School in 1949, Hank moved Philipsburg, who is completing his highly suc- make a difference in my life’’? his family to Lamar, Colorado. There, he cessful term as President of the nation’s larg- Young Americans may find in those events opened a successful dental practice, which he est insurance association—the Independent a new incentive to vote—but that’s a hope, maintained for almost 35 years. Insurance Agents & Brokers of America not a guarantee. There’s still a lack of com- As their children grew, Hank and Marjorie (IIABA)—later this month in New Orleans. munication to overcome. Young people often became very involved in the life of their com- Tom is president of Ahart, Frinzi & Smith, a report that they don’t vote because can- munity. Marjorie joined two women’s service didates don’t speak directly to them; can- Philipsburg, N.J.-based independent insurance organizations, Sorosis and P.E.O., while Hank agency. didates often don’t seek out young voters be- became an active member of the South- cause they don’t vote. Tom’s career as an independent insurance No one initiative or individual can break eastern Colorado Dental Association. Both agent has been marked with outstanding con- this cycle, but David Skaggs is doing his Hank and Marjorie have been active members tribution and relentless dedication to his cli- part. A Democrat who represented the 2d of Lamar’s First Presbyterian Church. ents, community, IIABA, the Independent In- Congressional District for 12 years in the Family has always been very important to surance Agents of New Jersey (IIANJ), and House of Representatives, Skaggs now serves Hank and Marjorie. Throughout their married his independent agent colleagues across the as executive director of a Washington-based life, the Andersens made numerous trips back country. outfit called the Center for Democracy and to Cozad, Nebraska to visit their parents, He began his volunteer service with IIANJ Citizenship. One of its projects is designed to Ralph and Pearl Ford (Pa Ralph and help political candidates reach out to young where he served as president and chairman of voters. Sweetiepie to their grandchildren) and Henry the board. He also represented New Jersey as The center has made available to thou- and Ella Andersen, (affectionately referred to its representative to IIABA’s National Board of sands of political candidates across the coun- as Pa Henry and Squeezetight). Even after State Directors. He was chairman of IIABA’s try a ‘‘tool kit’’ of background information their parents passed away, the Andersens Education Committee for four years before and common-sense guidance on reaching continued to make the trip to visit their aunt being elected to the Association’s executive young voters. Candidates who study the ma- and uncle, Floyd and Kate Mundell. leadership panel. terial will find that it punctures a few Hank and Marjorie take great pride in their Outside IIABA, Tom has served as a mem- stereotypes about young people. They’re children, and were very excited when Sue ber of the board of the New Jersey Joint Un- often disengaged from politics but aren’t married James Ocken in 1966 and when they cynical as a group about the world around derwriting Authority and was president of the them; they’re evenly divided in their polit- became the grandparents of Cassandra Eastern Agents Association. He has served as ical preferences and not wedded to any one ‘‘Cassie’’ Ocken and Staci Ocken Helseth. an advisor to the American Institute for Char- party. They have also greatly enjoyed their great- tered Property Casualty Underwriters and the There’s no need to dwell on details in- grandchildren, Chase Henry Helseth and Insurance Institute of America, and was just tended for candidates rather than the gen- Courtney Laura Helseth. The Andersens are appointed to their board. eral public. It’s worth noting, though, that always prepared to show off their most recent Tom was honored with several state and many of the suggestions for reaching young family photos. local awards. They include the 1982 New Jer- people would be sound advice for reaching Always avid sports fans, Hank and Marjorie sey Young Agent of the Year, the 1986 and any group of voters. Meet them on their own turf. Make it easy for them to find informa- held season tickets to the Air Force Academy 1987 New Jersey Executive Committee Chair- tion. Do not adopt a ‘‘youth agenda,’’ be- football games during the 1950s, and never man of the Year Awards, the 1993 New Jer- cause young people care about the same missed an opportunity to attend Lamar High sey Insurance Person of the Year Award, and issues their elders do. Do not, under any cir- School football and basketball games. The An- the 1994 IIA of Hunterdon/Warren County cumstances, pretend to be one of them; dersens have also continually encouraged the Agent of the Year Award. they’ll spot a phony in a minute. Show the young people of their community, faithfully at- Tom also has distinguished himself as an connection between their concerns and the tending the school events of neighborhood active and concerned member of his commu- election results. children, long after their son and daughter left nity. He was elected to serve on his local f home. school board, served as a trustee at his After Dr. Andersen retired in 1983, the cou- church, and as a little league coach for 25 TRIBUTE TO DR. AND MRS. HENRY ple enjoyed traveling to Kennebunkport, years, and he’s coached boy’s wrestling, boy’s ANDERSEN Maine, the home of their favorite president, baseball, girl’s basketball and girl’s softball. George Bush, and to the countryside of Wis- I laud Tom for his tireless leadership of the HON. BOB SCHAFFER consin to see the fall colors. Independent Insurance Agents & Brokers of OF COLORADO After 60 years of marriage, Hank and Mar- America and the many accomplishments ben- IN THE HOUSE OF REPRESENTATIVES jorie Andersen are still a beautiful picture of efiting all independent insurance agents and what it means to be in love. Everyone who brokers realized during his tenure as Presi- Wednesday, September 4, 2002 knows them can see how much they enjoy dent. I know that even though Tom will step Mr. SCHAFFER. Mr. Speaker, I rise today being in each other’s company. They take aside as IIABA leader soon, he will remain in- to recognize Dr. and Mrs. Henry ‘‘Hank’’ An- care of one another, laugh together and set a volved with the Association because he is a dersen of Lamar, CO who have recently cele- meaningful example of commitment in mar- concerned leader and wants to continue help- brated their 60th wedding anniversary. Hank riage. ing his colleagues build for a strong and se- and Marjorie Anderson grew up in the small Citizens of Colorado, Hank and Marjorie are cure future. Congratulations on a job well town of Cozad, Nebraska. They were high a truly remarkable couple. I am proud of their done, Tom!

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A04SE8.035 E04PT1 E1494 CONGRESSIONAL RECORD — Extensions of Remarks September 4, 2002 TRIBUTE TO DAVID CASPER PAYING TRIBUTE TO DAN GRIFFIN The culprit in this case is E.coli 0157:H7. It can be lethal, though it wasn’t this time. The HON. ELLEN O. TAUSCHER HON. SCOTT MCINNIS bacterium is found in the intestines of most OF CALIFORNIA OF COLORADO animals, including humans. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Cow feces probably came in contact with Wednesday, September 4, 2002 ‘‘trim’’ meat. These cuts were likely run Wednesday, September 4, 2002 through a grinder, shipped to a processor, Mr. TAUSCHER. Mr. Speaker, I rise to pay Mr. McINNIS. Mr. Speaker, it is my pleasure blended with product from other slaughter- tribute to David Casper, whose induction into to stand before you today and honor Dan Grif- houses, sold at grocery stores, and prepared the Pro Football Hall of Fame was announced fin for his contributions towards the betterment on a few dozen household countertops. Per- on February 2, his 50th birthday. Over his of his community. Dan was honored by the fect nutrients and lots of surface area make eleven years in the National Football League, Grand Junction Lions Club, as the ‘‘Lion of the ground beef an optimal growing medium for Casper distinguished himself as one of the Year.’’ He is deserving of this prestigious E.coli. premier football players in history. Eighteen honor, and it is a privilege to applaud him for Hundreds of other pathogens could have ini- years after his retirement, his accomplish- all his hard work and dedication. tiated this latest round of debate. The Centers ments and hard work will be recognized and Dan completed his undergraduate education for Disease Control has identified more than commemorated upon receipt of this honor on at Stanford and went on to become a law stu- 250 different food borne diseases that have August 3. dent at the University of Colorado. He joined caused an estimated 76 million illnesses in the David John Casper was born in Bemidji, the U.S. Air Force, but was forced to retire United States resulting in 5,000 deaths and Minnesota, on February 2, 1952, to Dorothy 325,000 hospitalizations. In virtually any other and Edward Casper. His football career began due to a knee injury. Dan returned to Grand country the risk is worse, however poorly doc- during high school, where he led the Chilton Junction and was employed by the firm of umented. Tigers to consecutive undefeated seasons in Younge, Hockensmith & Robb. He later be- Impurities are inherent with all food con- his junior and senior years. came President of the Mesa City Bar Associa- In 1970, Notre Dame University immediately tion, and served on the Board of Governor’s of sumption, especially perishable ones like recognized David’s ability and recruited him the Colorado Bar Association. meat, fish and poultry. A food-science expert onto their football team as an incoming fresh- During the Lions Club ceremony, family at Colorado State University told me ham- man. He quickly became Notre Dame’s stand- spoke of Dan as a ‘‘ . . . genuine, superb, burger recalls average one per week across out football star. In 1973, the All-American wonderful individual.’’ Dan received this award the country this time of year when the environ- tight end led the Fighting Irish to an 11–0 sea- because he demonstrates unwavering support mental conditions are most favorable to E.coli. son and a National Championship victory over and dedication to the organization and the This escapes the press for some reason. Alabama’s Crimson Tide. A leader on the field community. Dan’s wisdom in law helped him Routinely, recalls are initiated immediately and in the classroom, David finished his senior serve area citizens, and address concerns after a pathogen is confirmed, allowing pro- year as team captain and a cum laude grad- people had about wills, trusts, and estates. ducers to capture and gain control of the re- uate. Truly, Dan’s expertise is cherished and appre- called product before it reaches consumers. In 1974, David debuted in the NFL with the ciated by all whom he encounters. ConAgra’s recall was anything but typical. It Oakland Raiders. Over the next two years, he Mr. Speaker, today I rise to pay tribute to a came too late because federal inspectors wait- worked his way up to a spot in the starting man of great character and conduct. It is a ed nearly two weeks to alert the company that lineup where he quickly established himself as pleasure to honor him before this body of E.coli had been detected. one of the league’s dominant tight ends, mak- Congress and this nation. Thank you Dan for Once notified, ConAgra promptly voluntarily ing 53 catches for 691 yards and 10 touch- every contribution you have selflessly made to recalled all the contaminated beef, but the downs. our community and I wish you the best of luck delay had already added millions to the com- Over the next seven seasons, David played in your future endeavors. pany’s cost of doing so, and sickened many. for the Oakland Raiders, the Houston Oilers f After admitting its delay was a mistake, the and the Minnesota Vikings. He returned to the federal government then recommended to Raiders, then relocated to Los Angeles, to re- FOOD SAFETY ConAgra an additional recall of millions of tire from his football career in 1984. pounds of meat it had not tested at all. After eleven seasons and the ‘‘Holy Roller’’ HON. BOB SCHAFFER The government’s passive-aggressive be- play against San Diego and the ‘‘Ghost to the OF COLORADO havior has aggravated consumers, along with Post’’ play beating the Baltimore Colts in a IN THE HOUSE OF REPRESENTATIVES beef producers who are now unsure about the U.S. Department of Agriculture’s intentions, double overtime playoff game, David compiled Wednesday, September 4, 2002 378 receptions for 5,216 yards and 52 touch- the status of recall protocols, and the future of downs. He was essential to the Raiders’ vic- Mr. SCHAFFER. Mr. Speaker, food safety is red-meat production. tory over the Vikings in Super Bowl XI. He serious business, and American consumers These ambiguities are far from trivial. The was named All-Pro and All-AFC four consecu- pay a high price for wholesome, pure food. regulatory authority of the USDA is consider- tive seasons. He played in the Pro Bowl five The expense soars when the system fails, es- able. Running afoul of the massive bureauc- consecutive years, was named a member of pecially if failure results in illness, or worse, racy exposes a meat packer to criminal pros- John Madden’s 1970s team of the decade, someone’s death. Everyone pays mightily to ecution, product seizure, retention, detention, and was recognized on the Silver Anniversary maintain America’s standing as the world’s and perhaps most effective of all, publicity. team as the best tight end in 25 years. safest place to eat. Far more harsh and unforgiving than the David’s accomplishments are not limited Just behind taxes and government regula- toughest government sanction, the market- solely to football. He has received numerous tion, food-safety precautions account for the place brutally punishes any business that puts awards for his work as a financial planner, biggest fixed cost of commercial food produc- contaminated product before a consumer. consultant and salesman. tion. All of these costs pass through to con- That’s as it should be, and it works. David gained fame in the football world, but sumers at the grocer’s check stand. The high- It was the market, for example, that handed he has used his fame to better his community er prices also rob farmers and ranchers of a virtual corporate death sentence in 1997 to and the lives of the people in it. He founded hard-earned income, but food safety remains Nebraska-based Hudson Foods. Contamina- the Dave Casper Celebrity Golf Tournament to their chief objective, too. tion prompted the company to issue the na- support the Ronald McDonald House and No one profits from bad food, except for tion’s largest recall of ground beef—25 million greatly supports other charities that benefit lawyers. In fact, Colorado’s economy depends pounds. A few months later, the company was children. on safe agriculture products, and confident, closed. David’s determination to succeed in all he healthy consumers. That’s why we invest bil- In our earnest quest to make food safer, has done has made him a true legend. He is lions toward achieving both. there are a few things to keep in mind. probably most proud of his wonderful family— The issue of improved food safety has once First, U.S. beef was, is, and will always be his wife Susan and children Keleigh, Carrie again found itself on the political front burner safe to eat. The quality gets better every day. and Andy—but the world will forever remem- following the recent discovery of a contami- Colorado ranchers lead the nation in the ber the Hall of Fame football star who went nated batch of hamburger that slipped through science of livestock production providing qual- down in the record books and in the memories the ConAgra Beef plant in Greeley. The inci- ity products that satisfy the high expectations of generations of football fans. dent caused the illness of at least 30 people. of domestic and foreign consumers.

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.038 E04PT1 September 4, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E1495 Second, producers rely on the USDA as Public health officials are eager to replicate gram. This is a milestone achievement in a much as consumers do. It’s an important that success. Yet despite the huge advances long road, and I commend GlaxoSmithKline agency, and we all want to see it succeed. in our understanding of diseases and their for its commitment to world health. Whether Anyone who cares about food safety should mechanisms, international experts believe that it’s in improving access to needed health serv- be prepared to help make USDA inspections there are still very few major diseases that can ices, providing affordable vaccines and HIV a higher federal budget priority. The same be deemed eradicable by existing technology. treatments, or dedicating resources to worthy goes for state inspectors. The World Health Organization (WHO) is cur- projects in Pennsylvania, GlaxoSmithKline has The agency should be driven by sound rently targeting seven diseases or disorders shown time and time again its dedication to science, not politics. Its Food Safety Inspec- for elimination or eradication. They are: Guin- improving lives locally and globally. I com- tion Service should be given the resources ea worm (dracunculiasis), polio, leprosy, neo- mend GlaxoSmithKline for its success to date and precise guidelines to upgrade its testing natal tetanus, Chagas disease, iodine defi- in the Lymphatic Filariasis Elimination Pro- so inspectors can more quickly pinpoint the ciency disorders, and lymphatic filariasis. gram, and I wish GSK, the World Health Orga- sources of pathogens and react with consist- Today, I rise to focus on the parasitic disease nization and the rest of their partners every ency. They need more money for training, too. lymphatic filariasis, or LF. success in the completion of their task. Third, the industry should initiate implemen- LF is an ancient scourge that has disabled tation of pathogen-killing procedures. and disfigured people for thousands of years. f Several well-researched measures are prov- Transmitted by mosquitoes, LF is caused by en effective such as live-cattle management at thread-like worms that infect the human lym- RECOGNIZING MR. T.J. TAYLOR feedlots, washing carcasses with steam or phatic system, leading to permanent damage FOR HIS SERVICE TO BRADFORD acidic sodium chlorite, and irradiation. Amer- to the lymphatic and renal systems. LF gives ica’s top agriculture colleges, including CSU, rise to a condition known as elephantiasis HON. JOHN S. TANNER have studied this to death. If the industry won’t which leads to the development of grotesque, OF TENNESSEE chronic swelling of the legs, genitals and lead on this, government should. IN THE HOUSE OF REPRESENTATIVES Fourth, consumers are ultimately respon- breasts, leading to lifelong social and physical Wednesday, September 4, 2002 sible for food safety. No amount of regulation disabilities. LF is mostly found in the tropical and inspection will help anyone who ignores developing world, where it further exacerbates Mr. TANNER. Mr. Speaker, I rise today in packaging dates, improperly handles meat, poverty by physically incapacitating people recognition of Mr. T.J. Taylor, whose long eats it raw, or worse, feeds undercooked prod- during what should be the most productive record of public service has earned him the uct to their kids. years of their lives. Lost productivity caused title of ‘‘Tennessee’s Outstanding Older Work- Fifth, there is no such thing as a ‘‘zero risk’’ by the disease costs billions of dollars across er of the Year.’’ standard for any perishable food. the world each year. LF also puts a tremen- T.J. Taylor has worked with the Bradford This is an impossible goal, a hoax per- dous strain on healthcare systems in the de- Special School District for half a century. He petrated by four principle groups of people— veloping world. In addition to its economic im- has driven a school bus for the district for 50 pact, LF inflicts heavy psycho-social con- those who work for the government, plaintiffs’ years and has served as maintenance super- sequences on the individuals who are af- lawyers, developers who want to buy their visor for the past 25 years. His work and pres- fected. LF affects around 120 million people, neighbors’ ranches and vegetarians offended ence have helped him gain the love and re- with more than one billion people at risk of in- by others who enjoy a good steak. There will spect of his co-workers as well as the school fection. district’s students, who know him as ‘‘Mr. T.J.’’ never be a regulatory body large enough to in- In 1998, the WHO and the pharmaceutical spect every cut of beef, stalk every distributor company GlaxoSmithKline (GSK) announced Honesty, dedication, the ability to work with or police every kitchen. a worldwide collaboration to fight LF. This others, and being on the job daily are all at- Finally, if God didn’t intend for us to eat ani- partnership has now become a global alliance tributes Mr. T.J. has said are important for a mals, He wouldn’t have made them out of of 35 private and public institutions along with worker of any age but especially for an older meat. He also made us smart enough to figure the Ministries of Health in LF endemic coun- worker. His success on the job has proven out how to eat them both cheaply and safely. tries, all committed to eliminating lymphatic fil- over the years that he possesses these quali- f ariasis. ties and knows how best to use them to ben- GlaxoSmithKline has its US headquarters in efit the people around him. School officials say CONGRATULATING my district in Philadelphia, and over 6,000 his dedication and skill have saved the small GLAXOSMITHKLINE FOR ITS EF- Pennsylvanians work for GSK in the search school district thousands of dollars every year. FORTS TO ELIMINATE LYM- for cures and treatments to disease. GSK At 71 years old, Mr. T.J. says he has no PHATIC FILARIASIS makes an anti-parasitic drug called plans to retire anytime soon but will continue albendazole that is useful in the fight against to work as long as his health will allow him. It HON. CHAKA FATTAH LF. GSK has committed to donating as many is that distinguished service that has earned OF PENNSYLVANIA tablets as needed to eliminate lymphatic fila- him this title of ‘‘Tennessee’s Outstanding IN THE HOUSE OF REPRESENTATIVES riasis. The World Health Organization esti- Older Worker of the Year,’’ which he calls his mates that GSK will donate up to six billion proudest moment. Wednesday, September 4, 2002 doses of albendazole before the program is Mr. Speaker, as we seek to recognize those Mr. FATTAH. I rise today to mark an historic complete, making the GSK albendazole dona- leaders who make our communities better milestone on the road to the elimination of a tion program the largest pharmaceutical dona- places to live, I point to the distinguished serv- devastating disease of the developing world, tion in history. ice of Mr. T.J. Taylor. I ask that you and our lymphatic filariasis. Today, I am proud to announce that colleagues applaud him for his strong, long- The global eradication of a disease has GlaxoSmithKline has produced the one hun- time commitment and congratulate him on been accomplished only once in history, with dred-millionth donated tablet of albendazole being named ‘‘Tennessee’s Outstanding Older the elimination of naturally occurring smallpox. for the Lymphatic Filariasis Elimination Pro- Worker of the Year.’’

VerDate Aug<30>2002 08:11 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A04SE8.043 E04PT1 Wednesday, September 4, 2002 Daily Digest Senate Homeland Security, taking action on the following Chamber Action amendments proposed thereto: Routine Proceedings, pages S8141–S8233 Pages S8155–80, S8183–94 Measures Introduced: One bill and two resolutions Pending: were introduced, as follows: S. 2902, and S. Res. Lieberman Amendment No. 4471, in the nature 320–321. Page S8201 of a substitute. Pages S8155–80 Measures Passed: Wellstone Amendment No. 4486 (to Amendment No. 4471), to prohibit the Secretary of Homeland Honoring Valley Sports American Little League Security from contracting with any corporate expa- Baseball Team: Senate agreed to S. Res. 320, hon- triate. Pages S8183–86 oring the Valley Sports American Little League baseball team from Louisville, Kentucky for winning the Reid Amendment No. 4490 (to Amendment No. 2002 Little League Baseball World Series. 4486), in the nature of a substitute. Pages S8186–87 Pages S8205, S8229–30 Smith (N.H.) Amendment No. 4491 (to Amend- ment No. 4471), to amend title 49, United States Department of the Interior Appropriations: Sen- Code, to improve flight and cabin security on pas- ate began consideration of H.R. 5093, making ap- senger aircraft. Pages S8187–93 propriations for the Department of the Interior and Reid (for Boxer/Smith (N.H.)) Amendment No. related agencies for the fiscal year ending September 30, 2003, taking action on the following amend- 4492 (to Amendment No. 4491), to amend title 49, United States Code, to improve flight and cabin se- ments proposed thereto: Pages S8141–48 Adopted: curity on passenger aircraft. Pages S8193–94 Byrd/Burns Amendment No. 4473 (to Amend- A unanimous-consent agreement was reached pro- ment No. 4472), to make permanent a provision re- viding for further consideration of the bill at 1 p.m., lating to the National Business Center. Page S8143 on Thursday, September 5, 2002. Page S8230 Byrd/Burns Amendment No. 4474 (to Amend- Appointment: ment No. 4472), to make a technical correction. Lands Title Report Commission: The Chair, on Pages S8143–44 behalf of the Chairman of the Banking, Housing and Byrd Amendment No. 4475 (to Amendment No. Urban Affairs Committee, pursuant to Public Law 4472), to make a technical correction. Page S8144 106–569, announced the appointment of the fol- Pending: Byrd Amendment No. 4472, in the nature of a lowing individuals to be members of the Lands Title Report Commission: Dore A. Bietz of Toulumne, substitute. Page S8143 Byrd Amendment No. 4480 (to Amendment No. California, Juel C. Burnette III of Brandon, South 4472), to provide funds to repay accounts from Dakota, Thomas Livermont of Pierre, South Dakota, which funds were borrowed for emergency wildfire and Thomas H. Shipps of Durango, Colorado. suppression. Pages S8144–45 Page S8229 Daschle Modified Amendment No. 4481 (to Messages From the President: Senate received the Amendment No. 4472), to provide emergency dis- following message from the President of the United aster assistance to agricultural producers. States: Pages S8145–48 Transmitting, pursuant to law, a report con- A unanimous-consent agreement was reached pro- cerning the justification of the Australia Group and viding for further consideration of the bill at 9:30 the Convention on the Prohibition of the Develop- a.m., on Thursday, September 5, 2002. Page S8230 ment, Production, Stockpiling and Use of Chemical Homeland Security Act: Senate continued consider- Weapons and on Their Destruction; to the Com- ation of H.R. 5005, to establish the Department of mittee on Foreign Relations. (PM–106) Page S8199 D888

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Nominations Received: Senate received the fol- Terry L. Maple, of Georgia, to be a Member of lowing nominations: the National Museum Services Board for a term ex- Rafael Cuellar, of New Jersey, to be a Member of piring December 6, 2005. the Board of Directors of the National Consumer Thomas E. Lorentzen, of California, to be a Mem- Cooperative Bank for a term of three years. ber of the National Museum Services Board for a Michael Scott, of North Carolina, to be a Member term expiring December 6, 2006. of the Board of Directors of the National Consumer Peter Marzio, of Texas, to be a Member of the Cooperative Bank for a term of term years. National Museum Services Board for a term expiring Francis X. Taylor, of Maryland, to be Director of December 6, 2006. the Office of Foreign Missions, and to have the rank Routine lists in the Air Force, Navy. of Ambassador during his tenure of service. Pages S8230–33 Francis X. Taylor, of Maryland, to be an Assistant Executive Communications: Pages S8199–S8201 Secretary of State (Diplomatic Security). Additional Cosponsors: Pages S8201–03 Grover Joseph Rees, of Louisiana, to be Ambas- Statements on Introduced Bills/Resolutions: sador to the Democratic Republic of East Timor. Pages S8203–05 Elizabeth J. Pruet, of Arkansas, to be a Member of the National Museum Services Board for a term Additional Statements: Pages S8197–99 expiring December 6, 2004. Amendments Submitted: Pages S8205–29 Judith Ann Rapanos, of Michigan, to be a Mem- Authority for Committees to Meet: Page S8229 ber of the National Museum Services Board for a term expiring December 6, 2004. Privilege of the Floor: Page S8229 Judith Ann Rapanos, of Michigan, to be a Mem- Adjournment: Senate met at 9:30 a.m., and ad- ber of National Museum Services Board for a term journed at 5:31 p.m., until 9:30 a.m., on Thursday, expiring December 6, 2007. (Reappointment) September 5, 2002. (For Senate’s program, see the Edwin Joseph Rigaud, of Ohio, to be a Member remarks of the Acting Majority Leader in today’s of National Museum Services Board for a term expir- Record on page S8230). ing December 6, 2007. (Reappointment) Edwin Joseph Rigaud, of Ohio, to be a Member Committee Meetings of National Museum Services Board for a term expiring December 6, 2002. (Committees not listed did not meet) Harry Robinson, Jr., of Texas, to be a Member of the National Museum Services Board for a term ex- NOMINATIONS piring December 6, 2003. Committee on Foreign Relations: Committee concluded Margaret Scarlett, of Wyoming, to be a Member hearings on the nominations of John R. Dawson, of of the National Museum Services Board for a term the District of Columbia, to be Ambassador to the expiring December 6, 2007. Republic of Peru, Antonio O. Garza, Jr., of Texas, Beth Walkup, of Arizona, to be a Member of the to be Ambassador to Mexico, and Linda Ellen Watt, National Museum Services Board for a term expiring of Florida, to be Ambassador to the Republic of Pan- December 6, 2003. ama, after the nominees testified and answered ques- David Donath, of Vermont, to be a Member of tions in their own behalf. Mr. Dawson was introduced by former Senator Dole, and Mr. Garza was the National Museum Services Board for a term ex- introduced by Senator Hutchison. piring December 6, 2004. Nancy S. Dwight, of New Hampshire, to be a BUSINESS MEETING Member of the National Museum Services Board for Committee on Health, Education, Labor, and Pensions: a term expiring December 6, 2005. Committee ordered favorably reported S. 2758, enti- A. Wilson Greene, of Virginia, to be a Member tled ‘‘The Child Care and Development Block Grant of the National Museum Services Board for a term Amendments Act’’, with an amendment in the na- expiring December 6, 2004. ture of a substitute. Maria Mercedes Guillemard, of Puerto Rico, to be a Member of the National Museum Services Board CLEAN AIR STANDARDS for a term expiring December 6, 2005. Committee on Health, Education, Labor, and Pensions: Peter Hero, of California, to be a Member of the On Tuesday, September 3, Subcommittee on Public National Museum Services Board for a term expiring Health held hearings on proposed improvements to December 6, 2006. the New Source Review (NSR) program under the

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Clean Air Act, which would change the require- network in order to facilitate the recovery of ab- ments of companies to install state-of-the-art pollu- ducted children, to provide for enhanced notification tion control equipment, and related provisions of S. on highways of alerts and information on such chil- 556, to amend the Clean Air Act to reduce emis- dren, after receiving testimony from Senator sions from electric powerplants, and S. 2815, to Hutchison; Joseph Farrow, California Highway Pa- amend the Clean Air Act to reduce air pollution trol, Sacramento; Robbie Callaway, National Center through expansion of cap and trade programs, and to for Missing and Exploited Children, Alexandria, Vir- provide an alternative regulatory classification for ginia; Edward O. Fritts, National Association of units subject to the cap and trade programs, receiv- Broadcasters, Washington, D.C.; Sharon Timmons, ing testimony from Jeffrey Holmstead, Assistant Ad- Riverside, California; and Marc Klaas, Sausalito, ministrator, Office of Air and Radiation, Environ- California. mental Protection Agency; Kenneth Olden, Director, National Institute of Environmental Health Sciences, AGEISM IN MEDIA National Institutes of Health, Department of Health and Human Services; Carol M. Browner, Albright Special Committee on Aging: Committee concluded Group, Washington, D.C., former Administrator, hearings to examine the images of aging and ageism Environmental Protection Agency; George D. Thur- in the media, advertising, entertainment, and mar- ston, New York University School of Medicine/Na- keting and its impact on the self-esteem of older tional Institute of Environmental Health Sciences, adults, after receiving testimony from Robert N. New York, New York; and Clay Ballantine, Ashe- Butler, Mount Sinai School of Medicine, Inter- ville, North Carolina. national Longevity Center—USA, New York, New York; Robert Snyder, Mature Market Group, Dallas, AMBER ALERT Texas; Paul Kleyman, Aging Today, San Francisco, Committee on the Judiciary: Subcommittee on Tech- California; Becca R. Levy, Yale University Depart- nology, Terrorism, and Government Information ment of Epidemiology and Public Health, New concluded hearings to examine S. 2896, to enhance Haven, Connecticut; and Doris Roberts, Los Angeles, the operation of the AMBER Alert communications California. h House of Representatives Delivery and Wastewater Collection Systems in the Chamber Action State of New Mexico, amended (H. Rept. 107–629); Measures Introduced: 18 public bills, H.R. H.R. 3407, to amend the Indian Financing Act of 5316–5333 and; 4 resolutions, H.Con.Res. 459–461, 1974 to improve the effectiveness of the Indian loan and H. Res. 516 were introduced. Pages H6059–60 guarantee and insurance program, amended (H. Reports Filed: Reports were filed today as follows: Rept. 107–630); H.R. 3449, to revise the boundaries of the George H.R. 4727, to reauthorize the national dam safety Washington Birthplace National Monument (H. program, amended (H. Rept. 107–626); Rept. 107–631); H.R. 2099, to amend the Omnibus Parks and H.R. 3534, to provide for the settlement of cer- Public Lands Management Act of 1996 to provide tain land claims of Cherokee, Choctaw, and Chicka- adequate funding authorization for the Vancouver saw Nations to the Arkansas Riverbed in Oklahoma, National Historic Reserve, amended (H. Rept. amended (H. Rept. 107–632); 107–627); H.R. 4638, to reauthorize the Mni Wiconi Rural H.R. 2534, to authorize the Secretary of the Inte- Water Supply Project (H. Rept. 107–633); rior to conduct a special resource study of the Lower H.R. 4682, to revise the boundary of the Alle- Los Angeles River and San Gabriel River watersheds gheny Portage Railroad National Historic Site (H. in the State of California, amended (H. Rept. Rept. 107–634); 107–628); H.R. 4739, to amend the Reclamation Waste- H.R. 3223, to authorize the Secretary of the Inte- water and Groundwater Study and Facilities Act to rior, through the Bureau of Reclamation, to con- authorize the Secretary of the Interior to participate struct the Jicarilla Apache Nation Municipal Water in the design, planning, and construction of a project to reclaim and reuse wastewater within and

VerDate Aug 30 2002 05:02 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D04SE2.REC D04SE2 September 4, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D891 outside of the service area of the City of Austin tamination in areas of concern in the Great Lakes, Water and Wastewater Utility, Texas (H. Rept. and for other purposes.’’; Pages H6009–12 107–635); Joseph Curseen, Jr. and Thomas Morris, Jr. H.R. 4917, to provide for an exchange of lands Processing and Distribution Center, Washington, with the United Water Conservation District of D.C.: H.R. 3287, to redesignate the facility of the California to eliminate private inholdings in the Los United States Postal Service located at 900 Brent- Padres National Forest (H. Rept. 107–636); wood Road, NE, in Washington, D.C., as the ‘‘Jo- H.R. 4953, to direct the Secretary of the Interior seph Curseen, Jr. and Thomas Morris, Jr. Processing to grant to Deschutes and Crook Counties in the and Distribution Center’’ (agreed to by a 2/3 yea- State of Oregon a right-of-way to West Butte Road, and-nay vote of 401 yeas with none voting ‘‘nay,’’ amended (H. Rept. 107–637); Roll No. 372); Pages H6012–15, H6029 S. 238, to authorize the Secretary of the Interior to conduct feasibility studies on water optimization Barney Apodaca Post Office: H.R. 5308, to des- in the Burnt River basin, Malheur River basin, ignate the facility of the United States Postal Service Owyhee River basin, and Powder River Basin, Or- located at 301 South Howes Street in Fort Collins, egon (H. Rept. 107–638); Colorado, as the ‘‘Barney Apodaca Post Office;’’ S. 1105, to provide for the expeditious completion Pages H6015–16 of the acquisition of State of Wyoming lands within Thomas E. Burnett, Jr. Post Office Building, the boundaries of Grand Teton National Park (H. Bloomington, Minnesota: H.R. 5207, to designate Rept. 107–639); and the facility of the United States Postal Service lo- H.R. 3995, to amend and extend certain laws re- cated at 6101 West Old Shakopee Road in Bloom- lating to housing and community opportunity (H. ington, Minnesota, as the ‘‘Thomas E. Burnett, Jr. PagesH 6058–59 Rept. 107–640 Pt. 1). Post Office Building;’’ and Pages H6016–18 Speaker Pro Tempore: Read a letter from the Suspension Failed—Education Savings and Speaker wherein he appointed Representative School Excellence Permanence Act: The House Culberson to act as Speaker pro tempore for today. failed to suspend the rules and pass H.R. 5203, Page H6001 amended, to provide that the education savings in- Suspensions: The House agreed to suspend the rules centives of the Economic Growth and Tax Relief and pass the following measures: Reconciliation Act of 2001 shall be permanent Congressional Philharmonic Society: H. Con. (failed to pass by 2⁄3 yea-and-nay vote of 213 yeas Res. 183, expressing the sense of Congress regarding to 188 nays, Roll No. 371). Pages H6022–29 the United States Congressional Philharmonic Soci- Suspension—Proceedings Postponed: The House ety and its mission of promoting musical excellence completed debate on the motion to suspend the rules throughout the educational system and encouraging and agreed to H. Res. 94, honoring the contribu- people of all ages to commit to the love and expres- tions of Venus and Serena Williams. Further pro- sion of musical performance; Pages H6003–05 ceedings were postponed until Thursday, Sept. 5. John F. Kennedy Center Plaza Authorization: Pages H6018–22 H.R. 5012, to amend the John F. Kennedy Center Act to authorize the Secretary of Transportation to Order of Business—Dam Safety and Security carry out a project for construction of a plaza adja- Act: Agreed that it be in order at any time for the cent to the John F. Kennedy Center for the Per- Speaker to declare the House resolved into the Com- forming Arts; Pages H6005–09 mittee of the Whole House on the State of the Union for consideration of H.R. 4727, to reauthorize Great Lakes Legacy Act of 2002: H.R. 1070, the national dam safety program. General debate amended, to amend the Federal Water Pollution shall not exceed one hour. After general debate the Control Act to authorize the Administrator of the bill shall be considered under the five-minute rule. Environmental Protection Agency to make grants for It shall be in order to consider as an original bill for remediation of sediment contamination in areas of purpose of amendment, the amendment in the na- concern and to authorize assistance for research and development of innovative technologies for such pur- ture of a substitute recommended by the Committee poses. Agreed to amend the title so as to read: ‘‘A on Transportation and Infrastructure now printed in bill to amend the Federal Water Pollution Control the bill (H. Rept. 107–626). During consideration of Act to authorize the Administrator of the Environ- the bill for amendment, the Chairman of the Com- mental Protection Agency to carry out projects and mittee of the Whole may accord priority in recogni- conduct research for remediation of sediment con- tion on the basis of whether the Member offering an

VerDate Aug 30 2002 05:02 Sep 05, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D04SE2.REC D04SE2 D892 CONGRESSIONAL RECORD — DAILY DIGEST September 4, 2002 amendment has caused it to be printed in the Con- mony was heard from Harold Stratton, Chairman, gressional Record. Any Member may demand a sepa- Consumer Product Safety Commission. rate vote in the House on any amendment adopted f in the Committee of the Whole to the Bill or to the committee amendment in the nature of a substitute. COMMITTEE MEETINGS FOR THURSDAY, The previous question shall be considered as ordered SEPTEMBER 5, 2002 on the bill and amendments thereto to final passage (Committee meetings are open unless otherwise indicated) without intervening motion except one motion to recommit with or without instructions. Page H6018 Senate Presidential Message—Effectiveness of the Aus- Committee on Agriculture, Nutrition, and Forestry: Sub- tralia Group: Read a message from the President committee on Forestry, Conservation, and Rural Revital- wherein he, consistent with the resolution of advice ization, to hold hearings to examine the decline of oak tree populations in southern states caused by prolonged and consent to ratification of the Convention on the drought and red oak borer insect infestation, 9 a.m., Prohibition of the Development, Production, Stock- SR–328A. piling and Use of Chemical Weapons and on Their Committee on Banking, Housing, and Urban Affairs: to Destruction, certified that the Australia Group hold hearings to examine the importance of financial lit- members continue to maintain equally effective con- eracy among college students, 10 a.m., SD–538. trols over the export of: toxic chemicals and remain Committee on Commerce, Science, and Transportation: to a viable mechanism for limiting the spread of chem- hold hearings to examine the nominations of Roger P. ical and biological weapons related materials and Nober, of Maryland, to be a Member of the Surface technology—referred to the Committee on Inter- Transportation Board, Department of Transportation, and national Relations. Page H6028 David McQueen Laney, of Texas, to be a Member of the Reform Board (Amtrak), 2:30 p.m., SR–253. Recess: The House recessed at 5:20 p.m. and recon- Committee on Health, Education, Labor, and Pensions: busi- vened at 6:31 p.m. Page H6028 ness meeting to consider S. 2328, to amend the Public Senate Messages: Messages received from the Senate Health Service Act and the Federal Food, Drug, and Cos- today appear on pages H6001–02. metic Act to ensure a safe pregnancy for all women in the United States, to reduce the rate of maternal mor- Referrals: S. 2037 was referred to the Committees bidity and mortality, to eliminate racial and ethnic dis- on Science, Transportation and Infrastructure, and parities in maternal health outcomes, to reduce pre-term, Energy and Commerce. S. 691, S. 1227, S. 1240, S. labor, to examine the impact of pregnancy on the short 1894, S. 1907, and S. 1946 were referred to the and long term health of women, to expand knowledge Committee on Resources. S. 1010, S. 1843, S. 1852, about the safety and dosing of drugs to treat pregnant and S. 2558 were referred to the Committee on En- women with chronic conditions and women who become ergy and Commerce. S. 1325 was referred to the sick during pregnancy, to expand public health prevention, education and outreach, and to develop improved Committees on Resources and Agriculture. S. 1339 and more accurate data collection related to maternal was referred to the Committees on the Judiciary and morbidity and mortality; and S. 2817, to authorize ap- International Relations. S. 2549 and S. Con. Res. propriations for fiscal years 2003, 2004, 2005, 2006, and 137 were referred to the Committee on Education 2007 for the National Science Foundation, 10 a.m., and the Workforce. S. 812, S. 1649, S. 2487, and SD–430. S. 2810 were held at the desk. PageH 6040 Select Committee on Intelligence: to hold closed hearings on Quorum Calls—Votes: Two yea-and-nay votes de- intelligence matters, 2:30 p.m., SH–219. Committee on the Judiciary: business meeting to consider veloped during the proceedings of the House today pending business items, 10 a.m., SD–226. and appear on pages H6028–29, H6029. There were no quorum calls. House Adjournment: The House met at 2 p.m. and ad- Committee on Appropriations, to mark up the Energy and journed at 8:49 p.m. Water Development Appropriations for fiscal year 2003, 2 p.m., 2359 Rayburn. Subcommittee on Foreign Operations, to mark up ap- Committee Meetings propriations for fiscal year 2003, 10 a.m., H–140 Capitol. CONSUMER PRODUCT SAFETY Committee on Armed Services, Special Oversight Panel on COMMISSION—NEW CHAIRMAN’S AGENDA Terrorism, hearing on a report entitled ‘‘Counter-Ter- rorism Intelligence Capabilities and Performance of the Committee on Energy and Commerce: Subcommittee on CIA, FBI, and NSA Prior to 9/11,’’ 9:30 a.m., 2212 Ray- Commerce, Trade, and Consumer Protection held a burn. hearing entitled ‘‘The Consumer Product Safety Committee on Education and the Workforce, to mark up Commission: The New Chairman’s Agenda.’’ Testi- H.R. 5091, Canceling Loans to Allow School Systems to

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Attract Classroom Teachers Act, 10:30 a.m., 2175 Ray- vention Act; H.R. 5309, Wildlife Prevention and Forest burn. Health Protection Act of 2002; and the Healthy Forests Committee on Energy and Commerce, to mark up the fol- Reform Act of 2002, 9:30 a.m., 1324 Longworth. lowing measures: H.R. 3880, to provide a temporary Subcommittee on National Parks, Recreation and Pub- waiver from certain transportation conformity require- lic Lands, hearing on the following bills: H.R. 282, to ments and metropolitan transportation planning require- authorize the Pyramid of Remembrance Foundation to es- ments under the Clean Air Act and under other laws for tablish a memorial in the District of Columbia or its en- certain areas in New York where the planning offices and virons to soldiers who have lost their lives during peace- resources have been destroyed by acts of terrorism; H.R. keeping operations, humanitarian efforts, training, ter- 4793, Mosquito Abatement for Safety and Health Act; rorist attacks, or covert operations; H.R. 3747, Bain- H.R. 4014, Rare Diseases Orphan Product Development bridge Island Japanese-American Memorial Study Act of Act of 2002; H. Con. Res. 189, expressing the sense of 2002; H.R. 4692, to amend the Act entitled ‘An Act to the Congress regarding inflammatory bowel disease; H. authorize the Establishment of the Andersonville Na- Con. Res. 320, expressing the sense of Congress regarding tional Historic Site in the State of Georgia, and for other Scleroderma; H. Con. Res. 291, expressing the sense of purposes’, to provide for the addition of certain donated the Congress with respect to the disease endometriosis; lands to the Andersonville National Historic Site; and a and H. Con. Res. 435, expressing the sense of the Con- measure to provide for an exchange of certain private gress that the therapeutic technique known as rebirthing property in Colorado and certain Federal property in is a dangerous and harmful practice and should be pro- Utah, 10 a.m., 1334 Longworth. hibited, 10 a.m., 2123 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on the Judiciary, to continue markup of H.R. committee on Highways and Transit, hearing on Driver’s 4600, Help Efficient, Accessible, Low Cost, Timely License Security Issues, 10 a.m., 2167 Rayburn. Health Care (HEALTH) Act of 2002; and to mark up the Committee on Ways and Means, to mark up H.R. 5193, following bills: H.R. 1701, Consumer Rental Purchase Back to School Tax Relief Act of 2002, 2 p.m., 1100 Agreement; S. 2690, to reaffirm the reference to one Na- Longworth. tion under God in the Pledge of Allegiance; H.R. 4125, Federal Courts Improvement Act of 2002; H.R. 4689, Joint Meetings Fairness in Sentencing Act of 2002; and H.R. 4561, Fed- Conference: meeting of conferees, in closed session, on eral Agency Protection of Privacy Act, 10 a.m., 2141 H.R. 4546, to authorize appropriations for fiscal year Rayburn. 2003 for military activities of the Department of Defense, Committee on Resources, to discuss the Administration’s for military construction, and for defense activities of the Healthy Forests: An Initiative for Wildlife Prevention Department of Energy, to prescribe personnel strengths and Stronger Communities; and to hold a hearing on the for such fiscal year for the Armed Forces, 3 p.m., HC–8, following measures: H.R. 5214, National Forest Fire Pre- Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 5 10 a.m., Thursday, September 5

Senate Chamber House Chamber Program for Thursday: Senate will consider H.R. 5093, Program for Thursday: Consideration of H.R. 4727, Department of the Interior and Related Agencies Appro- Dam Safety and Security Act (unanimous consent, amend- priations Act. ments under the five minute rule); At 12 noon, Senate will be in a period of morning Motion to go to conference on H.R. 5011, Military business. Construction Appropriations; and At 1 p.m., Senate will continue consideration of H.R. Motion to go to conference on H.R. 5010, Department 5005, Homeland Security Act. of Defense Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Ford, Harold E., Jr., Tenn., E1489 Schaffer, Bob, Colo., E1491, E1493, E1494 Graves, Sam, Mo., E1489 Sweeney, John E., N.Y., E1487, E1489 Andrews, Robert E., N.J., E1490 Johnson, Timothy V., Ill., E1485, E1487 Tanner, John S., Tenn., E1495 Baca, Joe, Calif., E1483, E1487 Kildee, Dale E., Mich., E1483, E1484, E1485 Tauscher, Ellen O., Calif., E1492, E1494 Barr, Bob, Ga., E1490 Luther, Bill, Minn., E1486 Udall, Mark, Colo., E1492 Capito, Shelley Moore, W.Va., E1489 McCarthy, Carolyn, N.Y., E1484, E1488 Clay, Wm. Lacy, Mo., E1490 McInnis, Scott, Colo., E1491, E1492, E1494 Udall, Tom, N.M., E1486 Davis, Susan, Calif., E1490 Miller, George, Calif., E1483, E1484 Weller, Jerry, Ill., E1491 DeGette, Diana, Colo., E1488 Pastor, Ed, Ariz., E1492 Whitfield, Ed, Ky., E1489 Fattah, Chaka, Pa., E1495 Roukema, Marge, N.J., E1484, E1488 Wilson, Heather, N.M., E1487 Forbes, J. Randy, Va., E1486 Saxton, Jim, N.J., E1493

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